Unless the context otherwise requires, certain
words in this chapter are defined for the purpose thereof as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural, and the plural
the singular.
C.
The word "used" shall be deemed to include also "designed,
intended or arranged to be used."
D.
The word "Village" means the Incorporated Village
of Garden City, County of Nassau, State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
A use, building or structure on the same plot with, and of
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% of the floor area of such use, building or
structure.
[Amended 4-19-2001 by L.L. No. 1-2001]
Any change, addition or modification in construction or arrangement
of a building or structure; or any change in use from that of one
district classification to another; or removal of a building or structure
from one location to another.
A dwelling unit in a building containing three or more such
dwelling units.
[Added 10-19-1972]
A residential facility that provides a combination of housing,
supportive services and personalized assistance for older persons
usually aged 55 and older needing help with activities of daily living.
Such activities may include bathing, grooming and medical reminders.
Meals are provided in a central location on site. The housing component
may have individual dwelling units, which may or may not have conventional
kitchens. The facility may provide some or all of the following elements
to older persons usually aged 55 and older who may be unrelated to
the operator: long-term residence, nutrition, housekeeping, personal
care, recreation or social activities and supervision.
[Added 6-1-2006 by L.L. No. 1-2006]
A cover made of cloth, fabric or other acceptable material,
either movable or fixed, above a window or door, projecting from a
building and supported only by attachments to the building.
[Added 10-7-2004 by L.L. No. 4-2004]
A story partly underground but having at least 1/2 its height,
measured from finished floor to finished ceiling, above the ground
level.
Any structure, or any part thereof, used or intended for
supporting or sheltering any use or occupancy.
[Amended 10-16-1989 by L.L. No. 6-1989]
The aggregate of the entire horizontal cross-sectional area,
including projections, of the main building and accessory buildings
on a plot.
A story having more than 1/2 its height, measured from finished
floor to finished ceiling, below the ground level.
A building used for public worship and other strictly religious
uses in accordance with the discipline, rules and usages of a religious
corporation which owns, supports and maintains the same and of the
ecclesiastical governing body, if any, to which such corporation is
subject.
An institution of learning above the 12th grade offering
degrees beyond that offered by a secondary school, but not including
a public school, a school or a professional school.
[Amended 7-16-1992 by L.L. No. 3-1992]
A lot or plot located at the point of intersection of two
or more intersecting streets and having an interior angle at the point
of intersection of less than 135°. Any lot or plot abutting a
curved street where the interior angle formed by the intersection
of lines drawn tangent to the street at the points of intersection
of the street and lot lines does not exceed 135° shall also be
considered a corner lot or plot.
[Added 11-19-2009 by L.L. No. 8-2009]
The term "R District" means any district the symbol for which
begins with the letter "R." The term "C District" means any district
the symbol for which begins with the letter "C."
Any building or portion thereof which is used exclusively
for nontransient residential purposes and accessory uses permitted
herein.
A building containing two or more dwelling units.
A detached building containing one dwelling unit only.
A building or portion thereof designed for occupancy by and
containing housekeeping facilities for one family only.
Any porch, veranda, gallery, terrace, piazza, portico or
similar common projection from a main wall of a building if covered
by a roof and fully enclosed with outside walls having window sash
with permanently built-in window frames. Any other porch shall be
deemed to be an "unenclosed porch."
[Added 4-18-2013 by L.L. No. 2-2013]
One of the following:
A group of people related by blood, marriage or legal adoption,
living together in a dwelling unit, constituting a natural family;
or
No more than three (3) unrelated persons living together in
a dwelling unit; or
Four (4) or more persons living together in a dwelling unit
who are not related by blood, marriage or legal adoption, who have
overcome a presumption that they do not constitute a family by a determination
that they are the functional equivalent of a natural family.
In determining whether a group of individuals is living together
as the functional equivalent of a natural family, the following criteria
must be present:
The group is one which in appearance, structure and function
resembles a natural family.
The group must share the entire dwelling unit, including the
cooking facilities, as a single housekeeping unit, use all rooms and
housekeeping facilities in common and have access to all parts of
the dwelling unit.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependant children regularly residing
in the household who are enrolled in local schools;
Members of the group have the same address for purposes of voter
registration, driver's license, motor vehicle registration and filing
of taxes;
Members of the group are employed in the area; and
The group has been living together in the current dwelling unit,
or elsewhere, for a continuous period of one year or more.
Any other factors which may be determinative of whether or not
the group is the functional equivalent of a natural family.
The sum in square feet of the areas of all floors of a building
or buildings, measured from the exterior faces of exterior walls or
from the center line of a party wall separating two buildings, and
including cellar, basement, interior balconies and mezzanines, enclosed
porches and the floor area of accessory buildings; provided that the
term shall exclude the floor area of cellar, basement and penthouse
areas or portions thereof only when such areas are used exclusively
for dead storage, off-street parking facilities or utility or other
equipment installed for the normal operation and maintenance of such
building or buildings.
The floor area in square feet of a building or buildings
divided by the area in square feet of the plot on which the building
or buildings are situated.
That dimension of a plot measured along the front street
line thereof or, if said front street is curved, along the chord of
the arc. The shortest street line of a plot abutting on more than
one street shall be deemed to be the front street line thereof.
The average level before excavation of that portion of a
plot enclosed or intended to be enclosed by the foundation of a building.
The vertical distance from the ground level to:
The average height of the gable in the case
of roofs having a pitch of more than one foot vertically to 4 1/2
feet horizontally;
The highest point of the roof if the area of
the attic floor area under an eight-foot ceiling height exceeds 50%
of the first-story livable floor area; or
The highest point of the roof beams in the case
of all other roofs.
A building, part of a building or a group of buildings in
which sleeping accommodations are provided and used primarily for
transient occupancy with adequate public dining facilities on the
premises, in which there are also provided on a twenty-four-hour basis
desk service, maid, telephone and bellboy service and the furnishing
of linens.
[Added 10-19-1972]
A building owned and operated by a municipal corporation,
library corporation or association organized and conducted other than
for profit, chartered by the Regents of the University of the State
of New York or approved by and under the supervision of the New York
State Department of Education.
The aggregate area of all floors within the exterior walls
of a dwelling, excluding basements, cellars, rooms for heating equipment,
garages and unenclosed porches, breezeways and other unheated areas,
and including only such floor area under a sloping ceiling for which
the headroom is not less than five feet six inches and then only if
at least 75% of such floor area has a ceiling height of not less than
eight feet and only if any such floor that is situated above another
story has access to the floor below by a permanent built-in stairway.
Any building or structure which does not conform to the area,
bulk, height, location or yard regulations prescribed for the district
in which such building is situated.
Any use of land or of a building or structure, which use
does not conform to the use regulations prescribed for the district
in which such land, building or structure is situated.
Land area open to the air not occupied by any structures
and landscaped or left in its natural state. Open space shall not
include walkways, driveways, parking lots or parking structures except
the landscaped top of a below-grade parking structure.
[Added 6-3-2004 by L.L. No. 2-2004]
A parcel of land, not necessarily coinciding with a lot or
lots shown on a map of record, which plot is occupied or to be occupied
by a building and its accessory buildings, if any, or by a group of
buildings having any yard in common and the buildings accessory to
such group, if any, together with the open spaces appurtenant to such
building or group, and which plot has frontage on a public street
or on a street of record on the effective date of this chapter.
The mean horizontal distance from the front street line of
a plot to its rear line.
The mean horizontal distance between the side lines of a
plot.
The shortest distance between the side lines of the plot
in that portion thereof lying between the front street line and the
setback distance prescribed for the street or part thereof on which
the plot fronts.
A school educating children below the kindergarten grade.
[Added 7-16-1992 by L.L. No. 3-1992]
An institution or place for learning, limited to prekindergarten
through grade 12, other than a public school, but furnishing a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting educational requirements of the laws of
the State of New York. This shall not include college, nursery school,
day camp, professional school or a school giving special or limited
instruction in areas of learning such as business, art, music, dance
or riding.
[Amended 7-16-1992 by L.L. No. 3-1992]
A school giving regular instruction in professional subjects,
such as the dramatic or graphic arts, business, dancing, languages,
music, sciences or stenography and secretarial courses.
An institution or place for learning, limited to prekindergarten
through grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, nursery
school, day camp, professional school or a school giving special or
limited instruction in areas of learning such as business, art, music,
dance or riding.
[Added 7-16-1992 by L.L. No. 3-1992]
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, announcement or direction, including every sign,
billboard, ground sign, wall sign, illuminated sign, lighted sign,
projecting sign, temporary sign, marquee, awning and canopy and shall
also include any announcement, declaration, demonstration, display
or illustration used to attract the attention of any person(s) when
placed out of doors or adjacent to windows or doors in view of the
general public.
[Amended 10-7-2004 by L.L. No. 4-2004]
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor,
or if there is no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the
top of the roof beams. A basement shall be counted as a "story," but
a cellar shall not be counted as a "story."
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
The dividing property line between a street and a plot.
Any combination of materials forming any construction and
including, among other things, heating or air-conditioning units,
stadiums, tents, trailers (whether movable or stationary), reviewing
stands, platforms more than six inches above ground level, unenclosed
porches, gazebos, stagings, observation towers, radio and television
towers and antennas, gasoline pumps, water tanks, standpipes, outdoor
bins and sheds more than 80 square feet in area, outdoor pools, walls
more than one foot high, fences, trellises, pergolas, gates, gateposts
and signs. The word "structure" shall be construed as though followed
by the words "or part thereof."
[Amended 5-2-1991 by L.L. No. 4-1991; 7-16-1992 by L.L. No.
3-1992; 7-21-2011 by L.L. No. 2-2011]
A single-family dwelling unit, constructed in a group of
two or more attached units in which each unit extends from foundation
to roof and with open space on at least two sides.
[Added 6-3-2004 by L.L. No. 2-2004]
The purpose for which land or a building or structure is
used, or for which either is or may be occupied or maintained.
An open space of uniform width or depth on the same plot with a building, structure or group thereof, which open space lies between the building, structure or group thereof and the nearest boundary line of the plot, and which open space is unoccupied and unobstructed from the ground upward except for the certain features specified in Articles VII through X. Unless otherwise expressly provided, the term "front yard," "rear yard" or "side yard" shall be deemed to refer only to a front yard, rear yard or side yard prescribed by this chapter.
A yard extending between the side lines of the plot and lying
between the front line of the plot and the nearest point of the building.
A yard extending between the side lines of the plot and lying
between the rear line of the plot and the nearest point of the building.
A yard between the side line of the plot and the nearest
point of the building and extending from the front yard to the rear
yard, or, in the absence of either of such yards, to the front or
rear line, as the case may be, of the plot.
