Village of Great Neck, NY Article XIV Soliciting or Advertising Illegal Sales and Rentals

[Added 10-11-2005 by L.L. No. 10-2005]

§ 575-137 Soliciting or advertising illegal sales and rentals.

A. It is a violation of this chapter to solicit or advertise for purposes of selling or renting property or portions of property within the Village to be used in violation of the applicable zoning provisions of the Village Code regulating the use of such property or otherwise in violation of any other applicable law.

B. In any prosecution of a violation of this section, it shall be an affirmative defense that:

(1) Such solicitation or advertisement included within it a statement advising prospective purchasers or lessees that such sale or rental would require a change of zone, variance, or special or conditional use permit before it could be legally put to such use.

(2) Such use is legally permitted:

(a) As a legal preexisting nonconforming use, which has not lapsed or been abandoned;

(b) By virtue of a variance that has not lapsed or been abandoned;

(c) By virtue of a special or conditional use permit that has not lapsed or been abandoned; or

(d) By virtue of any state or federal law that legally preempts the Village zoning regulations.