Words used in the present tense include the future and the future, the present; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot"; and the word "occupied" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged, designed or intended to be used"; the word "person" includes a corporation, as follows: partnership or other entity of any kind, as well as an individual, as the sense may require it; the word "shall" is always mandatory; the term "apartment house" shall include the term "multiple dwelling"; the term "building area" shall include the term "lot coverage."
Certain words in this chapter are defined as follows:
- ACCESSORY BUILDING
- A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
- As applied to a building or structure, the change or rearrangement of the structural parts or in the exit facilities, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs to buildings or structures.
- APARTMENT HOUSE
- A residence building, containing three or more dwelling units,
regardless of the form of ownership o the dwelling units, in which
the occupants of the several dwelling units live independently of
each other and are allowed to do their own cooking within the dwelling
units, and which is not used, in whole or in part, for transient occupancies.
The terms "apartment house" and "multiple dwelling" shall have the
same meaning.[Amended 5-15-1996 by L.L. No. 2-1996; 6-5-2002 by L.L. No. 2-2002]
- AREA OF PUBLIC ASSEMBLY
- A building, lot or structure, or portion thereof, used for
gathering together 50 or more persons for amusement, athletic, civic,
dining, educational, entertainment, patriotic, political, recreational,
religious, social or similar purposes, the entire fire area of which
it is a part and the means of egress therefrom.[Added 3-2-1994 by L.L. No. 5-1994]
- ATTRACTING DEVICE
- Any device, other than a sign, such as a canopy, awning,
banner, pennant, bunting, streamer, colored strip or panel, flame,
decorative light, trade flag or similar device, which is visible from
a public street or sidewalk, including a device on or behind a window
or glass door, and which alone or in combination with other devices
or signs or merchandise is designed to attract the public to the premises
to which the device is appurtenant. It shall not include merchandise
or display and promotional articles and materials customarily used
in the sale of such merchandise. It shall include all internal illumination
of a space (other than by white opaque lighting) which is visible
from a public street or sidewalk.[Amended 10-18-2006 by L.L. No. 1-2006]
- AUTO-ORIENTED FACILITY
- Any facility, such as a gasoline station, drive-in restaurant or bank, shopping center, parking lot or similar facility, which permits access by or parking of automobiles in order to provide goods or services to the public, but does not include parking areas adjacent to churches, schools and similar operations.
- AVERAGE GRADE
- The existing legal grade taken at the property lines measured along all yards and divided by the number of locations taken, which in no event shall be less than four.
- A platform enclosed only by a parapet or railing not exceeding three feet eight inches in height projecting from the wall of a building without a permanent roof.
- A combination of materials other than a structure to form a construction that is safe and stable and adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof."
- BUILDING AREA
- The area of the maximum horizontal cross section of the buildings on a lot, above the average curb grade, excluding permitted yard encroachments.
- BUILDING DEPARTMENT
- The Building Department of the Village of Great Neck Plaza.
- BUILDING FOOTPRINT
- The horizontal cross section of a building through the lowest
story above the average curb grade, excluding permitted yard encroachments.[Added 12-15-1999 by L.L. No. 12-1999]
- BUILDING FRONTAGE
- The length of a building fronting a public street or sidewalk. In computing such "building frontage," only the portion of the face of the building fronting on the principal street shall be counted, unless such building occupies a corner lot and faces two principal streets, in which case both such faces shall be counted.
- BUILDING INSPECTOR
- The officer or other person or persons specifically charged by the Board of Trustees with the administration and enforcement of this chapter or his or their duly authorized representative.
- CHILD DAY-CARE CENTER
- A facility providing custodial care for a child under 13
years of age on a regular basis for compensation away from the child's
residence by a non-relative in a group of more than two children at
the same time. Services shall constitute child day care if they are
primarily custodial even if certain teaching or instruction is incidentally
provided.[Added 12-18-2019 by L.L. No. 5-2019]
- CHILD ENRICHMENT CENTER
- A school or business offering instruction for compensation
by a non-relative to children six years of age or under away from
the child's residence in a group of more than two children at the
same time, for one hour or less per day, provided a parent or caretaker
of the child is required to remain on the premises during the instruction.[Added 12-18-2019 by L.L. No. 5-2019]
- A nonprofit association of persons for social, recreational, fraternal, religious or charitable purposes.
- CLUSTERED SINGLE-FAMILY HOUSING
- A building consisting of two or more attached single-family
dwellings, regardless of the form of ownership of the dwelling units.[Added 5-15-1996 by L.L. No. 2-1996]
- CORNER LOT
- A lot situated at the intersection or junction of two or more streets.
- CURB GRADE OR CURB LEVEL
- The permanently established average grade of the top of the curb of the street or streets which abut a lot. For purposes of establishing the average, elevations shall be measured along the curb(s) at twenty-five-foot intervals, and the sum total of all elevations divided by the number of locations measured as herein provided. If no curb exists, the "curb level" shall be deemed to mean the average grade at the center line of the street(s) which abut a lot with the average established as herein provided where a curb does exist.
- DEPTH OF A LOT
- The mean distance from the front property line of the lot to its opposite rear line.
- DESIGN DISTRICT
- A zone overlaid over all or a portion of existing zoning districts so that property within such overlay zone is subject to a design development plan adopted by the Trustees of the Village.
- DESIGN UNIT
- The architectural style and general arrangements of the visible portion of a lot and the exterior of any buildings thereon including, but not limited to, the following: kind, color and texture of building materials; design and type of all windows, doors, lights, signs, attracting devices and fixtures; location and treatment of any parking space for motor vehicles; and paving and landscaping appurtenant to such portion.
- DISPLAY WINDOW
- An undivided window in a first-story retail store with a minimum unobstructed glass area of 24 square feet.
- The area of private property paved in accordance with § 225-84C of this chapter and leading from the public street onto the private property by means of a properly approved curb cut. No area of private property which consists of dirt, grass, lawn, flowers, or other vegetation shall be considered part of a driveway.[Added 12-3-2008 by L.L. No. 5-2008]
- Any refuse container which, by its nature, must be mechanically
emptied.[Added 6-19-1996 by L.L. No. 4-1996]
- DWELLING UNIT
- One or more rooms with sleeping facilities constituting a
separate unit in a residence building.[Added 6-5-2002 by L.L. No. 2-2002]
- EXISTING BUILDING
- A building erected prior to the effective date of this chapter.
- EXTENDED-STAY HOTEL
- A residence building that is built or used, in whole or in
part, for transient occupancies, as defined herein, but where the
minimum length of occupancy is 30 days or more. Said term shall include,
but shall not be limited to, residence buildings containing dwelling
units used for transient occupancies that are commonly referred to
as "corporate housing," "serviced apartments" or "apartment hotels."[Added 6-5-2002 by L.L. No. 2-2002]
- All visible elevations of a building.
- Any number of individuals living and cooking together on the premises as a single housekeeping unit.
- FRONT YARD
- A yard across the full width of the lot extending from the front line of the building to the front line of the lot.
- Gross leasable area.
- Gross floor area.
- GROSS SQUARE FEET
- The cumulative floor area of all habitable and nonhabitable
space in the building on all floors excluding garages, all permitted
yard encroachments, and all accessory uses which provide active or
passive recreational facilities solely for the occupants of a multiple
dwelling, specialized senior housing facility, office or other commercial
building. In addition, in the case of specialized senior housing facilities,
there shall also be an exclusion for all space in the building used
as common cooking or dining areas or used for medical, therapeutic,
social or educational purposes for the occupants of the facilities.
In calculating the amount of gross square feet in a building, the
following areas shall not be excluded: lobbies; corridors; stairwells;
waiting areas; storage areas; elevator cores; mechanical equipment
rooms; and the administrative offices of specialized senior housing
facilities. Moreover, the total amount of space in a specialized senior
housing facility excluded from gross square feet by reason of the
use of such area as a recreational, social, educational, dining, cooking,
therapeutic or medical area shall not exceed 20% of the cumulative
floor area of all other habitable, occupied or nonhabitable space
in the building (exclusive of garages and permitted yard encroachments).[Amended 5-7-1997 by L.L. No. 5-1997]
- HEIGHT OF A BUILDING
- Except where specifically provided otherwise, the vertical
distance measured from the curb grade of the lot on which it is erected
to the top of the roof deck in the case of a flat roofed building,
or the midpoint of the distance between the ridgeline and the eave
line in the case of a sloping roofed building.[Amended 5-7-1997 by L.L. No. 5-1997]
- HEIGHT OF A BUILDING IN STORIES
- Includes as a story a basement, cellar or any story of said building, any part of which shall extend above the point used in computing the curb grade as defined in this chapter.
- A residence building that is built or used, in whole or in
part, for transient occupancies, and which furnishes lodging, with
or without meals, to transient occupants for compensation. Said term
shall include "extended-stay hotels," as defined herein, as well as
other residence buildings built or used for transient occupancies,
such as rooming houses.[Amended 6-5-2002 by L.L. No. 2-2002]
- INSTRUCTIONAL CENTER
- A school or business offering instruction for compensation
in subjects typically taught in elementary, middle or high schools
(including but not limited to reading, writing, languages, math, art,
dance, music, computers and/or test preparation) to persons over the
age of six, including adults, where the parent or caretaker of a child
is not required to remain on the premises during instruction, and
regardless of whether the person receiving such instruction is a student
in another educational institution.[Added 12-18-2019 by L.L. No. 5-2019]
- INTERIOR LOT
- A lot other than a corner lot.
- LEGAL GRADE
- The grade represented on topographic surveys as prepared by a licensed surveyor or professional engineer in accordance with the United States Geological Survey.
- A parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- LOT AREA
- The area of a lot as defined in this chapter.
- LOT COVERAGE
- The same as "building area."
- MAIN BUILDING
- The building which houses the principal purpose for utilization of the lot, as permitted under this chapter.
- MEDICAL USE
- The use of any building, structure, office or premises for
the purpose of providing medical care or services, dental care or
services, psychological care or services, health care or services,
therapeutic care or services or similar services or care, regardless
of whether such services are provided by licensed professionals, such
as doctors, dentists, surgeons, podiatrists and psychiatrists, chiropractors,
or by other individuals providing alternative therapies for the same
purposes. However, the use of a building, structure or premises for
a primarily residential use in which certain medical or health care
services may also be provided, such as a nursing home or a specialized
senior living facility, shall not constitute a medical use.[Added 6-18-2003 by L.L. No. 3-2003]
- MERCHANDISE LABEL
- The informational material found on the actual container in which goods are customarily sold at retail, such as beverage bottles, cereal boxes and standard type of gasoline pump bearing thereon in usual size and form the name or type of gasoline and so forth.
- MIXED-USE OCCUPANCY
- The use or occupancy of a building or parcel of real property for two or more different uses; an accessory use shall not be considered as a use different from the principal use of the building or real property.
- MULTIPLE DWELLING
- An apartment house, as defined herein.
- NONCONFORMING BUILDING
- A building which was lawfully erected and existing prior to the enactment of this chapter, or any amendment thereto, and which is maintained after the effective date thereof although it does not conform to the regulations, including use regulations, for the district in which it is located.
- NONCONFORMING USE
- A use, whether of a building or tract of land, or both, which lawfully existed prior to the enactment of this chapter, or any amendment thereto, and which is maintained after the effective date thereof although it does not conform to the use regulations of the district in which it is located.
- OPEN PORCH
- A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure.
- PARKING SPACE
- The area required for parking one automobile in an accessible area of generally not less than 8 1/2 feet wide and 18 1/2 feet long, not including passageway.
- PRE-K SCHOOL
- A school or business offering instruction for compensation
by a non-relative in reading, music, arts, dance, gym, arithmetic
and other similar age-appropriate subjects to children six years of
age or younger away from the child's residence in a group of more
than two children at the same time for more than one hour per day,
where the parent or caretaker of the child is not required to remain
on the premises during instruction.[Added 12-18-2019 by L.L. No. 5-2019]
- PROFESSIONAL SCHOOL
- A school or business offering courses in trades (e.g., building
trades) or other professional skills (e.g., medical billing) to persons
16 years of age or older.[Added 12-18-2019 by L.L. No. 5-2019]
- Includes the land and all buildings or structures thereon.
- REAR YARD
- A yard across the full width of the lot extending from the rear line of the building to the rear line of the lot.
- RESERVOIR STORAGE AREA
- The space that must be provided for obtaining a ticket at the entrance of a parking facility at which a fee is charged; or the space that must be provided in an attendant-operated facility for vehicles left by drivers at the entrance.
- RESIDENCE BUILDING
- A building used, in whole or in part, for residential purposes.[Added 6-5-2002 by L.L. No. 2-2002]
- SECURITY GATE
- Any barrier, screen or cover of material or other substance located in front of or behind a door, window or other opening used for purposes of securing premises by preventing access or blocking passage to the interior of the premises.
- SHOPPING CENTER
- A group of commercial establishments planned, developed, owned and managed as a single unit with off-street parking provided on the property (in direct ratio to the building area) and related in location, size (GFA) and type of shops to the trade area that the unit serves.
- SIDE YARD
- A yard between the side of the building and the corresponding side line of the lot and extending from the front yard to the rear yard in the case of a single building on the front portion of the lot. In the case of a rear building on the back portion of a lot, the "side yard" shall be the yard between the side of said rear building and the corresponding side line of the lot and extending from the front face of said rear building to the rear line of the lot.
- SINGLE-FAMILY DWELLING
- A building designed for and occupied exclusively as a home or residence for not more than one family.
- Informational material, such as a word, abbreviation, letter, punctuation mark, trademark, symbol or shape, as well as a representation by picture, mode, drawing or similar means, which is visible from a public street, sidewalk or other public area, including material on or behind a window or glass door, as well as lettering and other information on canopies and awnings, and which informs the viewer about the thing referred to, including, but not limited to, its identity, location, price, merit or use. In no event shall a "sign" include a flag, emblem, insignia or display incidental to and customarily or commonly associated with any national, local or religious holiday.
- SIGN AREA
- The area in square feet of the smallest circle, triangle or rectangle which encloses all of the informational material in the sign as well as its display backing or border if different in color, texture, materials or plane from the adjacent wall, window, sky or other background. For projecting and freestanding signs, such "sign area" shall not include incidental supports though each face of the sign shall be separately counted, and the combination of all faces totaled. For three-dimensional symbols, the "sign area" shall be the area in square feet of the smallest circle, triangle or rectangle which encloses the largest figure constituting a cross section of the symbol. "Sign area" shall not include the area in square feet which encompasses temporary signs announcing local or public events or services or permanent signs identifying credit card, professional or merchant associations.
- SIGN HEIGHT
- Computed by measuring the distance to the highest or lowest portion of the sign, as the case may be, used in computing sign area, excluding the supporting structure or bracing of the sign unless the structure or bracing is made part of the message or face of the sign.
- SPECIALIZED SENIOR HOUSING FACILITY OR FACILITIES[Added 5-7-1997 by L.L. No. 5-1997]
- Any building(s) providing efficiency, one-bedroom or two-bedroom dwelling units with common dining and recreational facilities for persons at least 55 years old. In case of a married couple, only one of the spouses must be at least 55 years old. A specialized senior housing facility must include at least the following:
- A. Kitchen and dining room facilities offering at least one common meal to all residents each day.
- B. A call-button monitoring or equivalent system for emergency calls by individuals directly to supervisory staff on premises.
- C. Twenty-four hour security for buildings and grounds and locking mechanism for each dwelling unit.
- D. A medical history on file for each permanent resident, including a record of each resident's personal physician.
- E. On-premises, in-house sale and distribution of personal services and food items for residents of the facility, including but not limited to barber and beauty shop services, food vending machines, snack services and convenience goods as well as medical supplies.
- F. Regularly scheduled laundry and housekeeping services.
- G. Indoor and outdoor recreational areas, with appropriate recreational programs supervised by qualified personnel.
- H. Library, educational and social facilities.
- I. Transportation for residents from the facility to shopping, medical, recreational and other major desired points of designation.
- J. Is equipped to provide medication monitoring by its own staff, or will cause such medication monitoring to be provided by qualified outside personnel, if such medication monitoring is necessary or requested.
- K. Has an arrangement in place with doctors and hospitals in close proximity to the facility to provide necessary medical care to the residents of such facility on a priority basis.
- L. Is equipped to provide necessary nursing services on site through its own staff, or will cause such services to be provided by qualified outside personnel if such services are necessary or requested.
- M. Any and all certifications, licenses and approvals required of such facilities or their health care providers by the State of New York shall be obtained prior to operation of such facility.
- STOREFRONT FOOTAGE
- That portion of the building frontage allocable to street, store or office level within such building.
- Except as specifically provided elsewhere in this chapter, that part of any building between the surface of one floor, except a cellar floor, and the surface of the next highest floor, or if there is no higher floor, then that part of the building between the surface of the highest floor and the highest point of the roof above. A half-story is that part of any building above a "story" and having at least two opposite exterior walls meeting a sloping roof at a level no higher above the floor than 1/2 the floor-to-floor height of the story below. The first story is the lowest story entirely above the curb grade, as defined in this chapter.
- Any public thoroughfare or space which may or may not have been dedicated or deeded to the public for public use.
- STREET FRONTAGE
- The distance between the boundary lines of a lot when measured along any property line abutting a public street.
- STREET LINE
- A lot line dividing a lot from a street.
- A combination of materials other than a building to form a construction that is safe and stable. The term "structure" shall be construed as if followed by the words "or part thereof."
- SUMMER CAMP
- A facility meeting the requirements set forth in Section
7-2.2 of the regulations of the NYS Department of Health and not encompassed
within the exceptions set forth in Section 7-2.3 of said regulations.[Added 12-18-2019 by L.L. No. 5-2019]
- SWIMMING POOL
- Any receptacle for water, including a portable receptacle, or any artificial pool of water having a depth at any point of more than 24 inches or a surface area of more than 40 square feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment.
- Includes, but is not limited to, any structure or sign, regardless of the type of material used in its construction, which is commonly used to denote a gravesite, tomb, vault, mausoleum, sepulcher or crypt, whether or not such structure or sign bears any lighting, markings or symbols.
- TRANSIENT OCCUPANCY
- Occupancy of a dwelling unit, whether by lease, rental or
otherwise, for some continuous period of less than 90 days.[Added 6-5-2002 by L.L. No. 2-2002]
- An open and unobstructed space on the same lot with a building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter. The customary parking of motor vehicles on any area of a lot shall be deemed to be an obstruction within any "yard" except in the Residence A, B, C and D Districts.
Editor's Note: Figure 1, regarding building frontage, is included at the end of this chapter.
Editor's Note: Figure 2, regarding design unit, is included at the end of this chapter.
Editor's Note: Figure 3, regarding sign area, is included at the end of this chapter.
Editor's Note: Figure 4, regarding storefront frontage, is included at the end of this chapter.