The Village of Garden City will be holding a public hearing on Thursday, March 1 at 8 p.m. about a proposed local law amending the village code.

The amendment of the code will affect the definition of "Accessory Use, Building or Structure," amend regulations with regard to accessory use of dwellings, amend uses in the CO 3, C-1, and C-3 zoning districts, establish new regulations with regard to the parking and storage of mobile residence vehicles and boats in residential districts, add regulations with regard to parking areas in front yards, amend supplemental area regulations, amend regulations with regard to parking spaces for accessory home professional offices, and amend regulations with regard to use modifications.

The amended code regarding the definition of "Accessory Use, Building, or Structure" will read: "Accessory Use, Building, or Structure- A use, building or structure on the same plot with, and a nature customarily incidental and subordinate to, the principal use, building or structure and, except for one-family dwellings, not exceeding a total of 10 percent of the floor area of such use, building, or structure." Prior to this amendment there has been no consistent restriction to the size of accessory uses, buildings, and structures in the village code, except for in one-family districts. The practice has been to limit such uses to not more than 10 percent, and this amendment will make that practice part of the code. According to the village, this amendment is to prevent an accessory use from becoming an additional principal use in a district that would otherwise not permit such uses.

According to the village, accessory home professional offices have become more common so this code amendment would also address the need to clarify and better control that use. The amended section of the code will include the following subdivision: "The accessory use of a dwelling for the location of an office, studio, or occupational room of an attorney, physician, dentist, chiropractor, psychologist, architect, engineer, or public accountant, or of an artist or musician, but not for the purpose of operating a school of or pertaining to any such professional activity." The amended code will require that the practitioner of the professional activity must reside in the same building unit where the professional activity is practiced and the business shall be incidental and subordinate to the use of the dwelling for residential purposes; the professional space must be limited to the ground floor of the building and cannot occupy more than 20 percent of the total livable floor area and may not exceed 400 square feet; the number of people working in the office, including the practitioners and associates, assistants, and employees may not exceed three people; no display advertising associated with the professional use will be permitted on the premises except for one sign; no overnight accommodations shall be provided or maintained on the premises for the recipients of care, treatment, or other services; the accessory use may only be used as described in the permit and the permit may not be transferred to another person.

Because the southwest corner of Old Country Road and Clinton Road has remained undeveloped for so long, the village has questioned the applicability of the Commercial C-3 District to this area and has decided to rezone that area as a Commercial C-1 District. Use changes are also made in the Commercial C-1 and Commercial C-2 Districts. Chapter 200, Article V, section 200-24.A, subdivisions 1 and 2 will read as follows: "1). Retail establishments dealing in food, drugs, stationery or books, hardware, flowers, gifts, and liquor (package goods only); retail stores dealing in apparel and clothing accessories; home and office furniture, furnishings and appliances; and general merchandise and miscellaneous consumer goods, exclusive of automotive rentals, sales, and service. 2). Personal service establishments consisting of barber shops, beauty parlors, shoe repair shops, tailor shops, photographic (portrait) studios, and establishments for laundering, cleaning or dyeing.

The village has determined that the parking and storage of large residential vehicles and boats is not in keeping with the residential character of the village, therefore the code amendments would maintain the aesthetics of residential districts in the village while attempting to accommodate these vehicles and boats. The size of any automobile trailer, mobile home, house trailer, recreational vehicle, or other vehicle designed or outfitted with sleeping accommodations must be limited to an overall length of 20 feet and overall height of 12 feet if it is to be stored in a residential district within the village. In addition, only one such vehicle may be stored on any plot, the vehicle must be owned, leased, or rented by the owner or occupant of the premises upon which the vehicle is parked, and the vehicle may not be used for sleeping, habitation, or any other purpose while parked or stored in the residential district.

With regard to the parking and storage of boats in the residential district, the amendment requires that the length of the boat or boat trailer be 20 feet or less and that the height not exceed 12 feet from the ground to its highest point. In addition, only one boat and/or trailer may be parked or stored on any lot, the boat or boat trailer must be owned, leased, or rented by the owner or occupant of the property upon which it is parked or stored. The boat and/or trailer may not be used for sleeping, habitation, or any other use while parked in the residential district.

The amended code will require that chimneys may not project more than 2.5 feet into a yard. The projection of a first floor or ground floor landing platform and steps may not extend more than 3 feet into the front, rear, or side yard in the residential district. Under the amended code, no part of any freestanding heating, cooling, pumping, filtering, generating, or other type of equipment or device shall be located closer than 10 feet to any plot line within the residential district.

Unless it is within a completely enclosed garage attached to the dwelling, under the amended code, the total area of driveway, parking space, pavement, gravel, or combination thereof that is intended for the parking of vehicles in the front yard of a dwelling, may not exceed the amount of square footage derived by multiplying the shortest distance in feet between the front line of the plot and the nearest point of the building by 20. Because the parking of vehicles in front yards is a growing concern to the aesthetics of the village, the zoning code is being amended to define where front yard parking may occur.

The last item addressed in the zoning code amendment is to better define the criteria to be used by the board of appeals in connection with use modifications. Under the amendment the applicant shall prepare and the board of appeals shall review a site plan which depicts the proposed general layout of the use sought including items such as the layout and location of entrances, walkways, parking surfaces, landscaping, screening, traffic access, circulation, illumination, planned maintenance, and other information that the board may feel is necessary. Among other things, the board of appeals will take into account the effect of the proposal on off-street and on-street parking, on existing uses in the vicinity of the proposed use, and on the health, safety, general welfare, and character of the neighborhood. The board also reserves the right to impose reasonable restrictions consistent with preserving the character of the neighborhood and the public health, safety, moral, and general welfare of the community.

These and other amendments will take effect immediately following the public hearing.