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:
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot.
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.
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]
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]
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]
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.
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."
The area of the maximum horizontal cross section of the buildings
on a lot, above the average curb grade, excluding permitted yard encroachments.
The Building Department of the Village of Great Neck Plaza.
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]
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.[1]
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.
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]
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.
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]
A lot situated at the intersection or junction of two or
more streets.
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.
The mean distance from the front property line of the lot
to its opposite rear line.
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.
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.[2]
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]
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]
A building erected prior to the effective date of this chapter.
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.
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.
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]
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]
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]
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]
A lot other than a corner lot.
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.
The area of a lot as defined in this chapter.
The same as "building area."
The building which houses the principal purpose for utilization
of the lot, as permitted under this chapter.
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]
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.
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.
An apartment house, as defined herein.
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.
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.
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of permanent enclosure.
The area required for parking one automobile in an accessible
area of generally not less than 8Â 1/2 feet wide and 18Â 1/2
feet long, not including passageway.
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]
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.
A yard across the full width of the lot extending from the
rear line of the building to the rear line of the lot.
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.
A building used, in whole or in part, for residential purposes.
[Added 6-5-2002 by L.L. No. 2-2002]
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.
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.
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.
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.
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.[3]
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.
[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:
Kitchen and dining room facilities offering
at least one common meal to all residents each day.
A call-button monitoring or equivalent system
for emergency calls by individuals directly to supervisory staff on
premises.
Twenty-four hour security for buildings and
grounds and locking mechanism for each dwelling unit.
A medical history on file for each permanent
resident, including a record of each resident's personal physician.
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.
Regularly scheduled laundry and housekeeping
services.
Indoor and outdoor recreational areas, with
appropriate recreational programs supervised by qualified personnel.
Library, educational and social facilities.
Transportation for residents from the facility
to shopping, medical, recreational and other major desired points
of designation.
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.
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.
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.
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.
That portion of the building frontage allocable to street,
store or office level within such building.[4]
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.
The distance between the boundary lines of a lot when measured
along any property line abutting a public street.
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."
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]
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.
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.
[1]
Editor's Note: Figure 1, regarding building frontage, is included at the end of this chapter.
[2]
Editor's Note: Figure 2, regarding design unit, is included at the end of this chapter.
[3]
Editor's Note: Figure 3, regarding sign area, is included at the end of this chapter.
[4]
Editor's Note: Figure 4, regarding storefront frontage, is included at the end of this chapter.
