Building Department Proposes Code Changes
By Stephanie Mariel Petrellese

The Garden City Board of Trustees listened to a presentation from Superintendent of Buildings Michael Filippon, who discussed proposed revisions to the Village code.

"Zoning is at the heart of Garden City," said Mayor Peter Bee. "This is really what makes Garden City different from other communities, and we appreciate it."

Filippon will revise the proposed code changes based on trustee comments made at Thursday evening's Board meeting. Copies will be given to the property owners' associations after the revised document is circulated to the Board. Then, a public hearing will be scheduled, where more changes may be made based upon residents' comments. Since the POAs do not meet again until the fall, it is not until the end of the year when the revised code is likely to go before the Board for a vote.

The revisions concern accessory structures, driveways and dwelling regulations. A subcommittee of the Board of Trustees had tried to handle the task of studying and revising the code but found it to be more complex than anticipated. They reassigned the job to the Planning Commission. The study was then broadened and recommendations ranged from making no changes to the opposite extreme of making sweeping rewrites.

"In the final analysis, however, it was decided to utilize a more surgical approach and only recommend specific adjustments," Filippon said.

Accessory structures, as defined in section 200-3 of the code book, include fences, heating or air conditioning units, gates and several other items. For a complete list, visit www.gardencityny.net, click on Building Dept., and click on the link to take you to the Village General Code Book. The changes for accessory structures include:

- Allowing these structures to be placed up to the building line of a dwelling. Currently they are allowed in the rear half of a property or the interior quarter of a corner property.

- Allowing "garden walls" no higher than one foot in front yard(s).

- Allowing piers to be erected immediately adjacent to driveways only on properties having a plot width of 100 feet or more and not exceeding four square feet in area nor six feet in height (including any light fixtures or ornamentation.)

For driveways, the Planning Commission recommends changing the way the total allowable driveway area is calculated. The proposal is to multiply one third of the plot width by the setback distance. The code also provides that all driveways "shall be composed of approved materials such as asphalt, concrete, pavers, bluestone, riverstone, etc. and that parking shall only be permitted on those driveway surfaces."

In an effort to control residential development, the Planning Commission recommends reducing the maximum height of buildings to 30 feet in R-6 districts, and 32 feet in R-8 districts. In R-12, R-20 and R-40 districts, the height of 35 feet will remain the same. The code is also revised so that side yard requirements are a function of plot width and not the zoning district in which the property is situated.

Another area being revised concerns the criteria which must be met for a case to come before the Architectual Design Review Board. The proposed change will call for ADRB review if alterations occur within 50 percent of the property facing any street; there is a complete change to the exterior finish or the original architectural style of the residence; and if the floor area increases by 25 percent or more.

Filippon acknowledged that code enforcement is a challenge. He said that several administrations back, the Building Department began vigorously enforcing the code and found almost every home had a violation. Now the code is enforced if the department discovers there is a violation when a homeowner applies for a permit.