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:
ACCESSORY USE, BUILDING OR STRUCTURE
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]
ALTERED or ALTERATION
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.
APARTMENT
A dwelling unit in a building containing three or more such dwelling units.
[Added 10-19-1972]
ASSISTED-LIVING RESIDENCE
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]
AWNING
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]
BASEMENT
A story partly underground but having at least 1/2 its height, measured from finished floor to finished ceiling, above the ground level.
BUILDING
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]
BUILDING COVERAGE
The aggregate of the entire horizontal cross-sectional area, including projections, of the main building and accessory buildings on a plot.
CELLAR
A story having more than 1/2 its height, measured from finished floor to finished ceiling, below the ground level.
CHURCH
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.
COLLEGE
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]
CORNER LOT OR PLOT
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]
DISTRICTS
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."
DWELLING
Any building or portion thereof which is used exclusively for nontransient residential purposes and accessory uses permitted herein.
DWELLING, MULTIFAMILY
A building containing two or more dwelling units.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit only.
DWELLING UNIT
A building or portion thereof designed for occupancy by and containing housekeeping facilities for one family only.
ENCLOSED PORCH
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."
FAMILY
[Added 4-18-2013 by L.L. No. 2-2013]
A. 
One of the following:
(1) 
A group of people related by blood, marriage or legal adoption, living together in a dwelling unit, constituting a natural family; or
(2) 
No more than three (3) unrelated persons living together in a dwelling unit; or
(3) 
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.
B. 
In determining whether a group of individuals is living together as the functional equivalent of a natural family, the following criteria must be present:
(1) 
The group is one which in appearance, structure and function resembles a natural family.
(2) 
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.
(3) 
The group is permanent and stable. Evidence of such permanency and stability may include:
(a) 
The presence of minor dependant children regularly residing in the household who are enrolled in local schools;
(b) 
Members of the group have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
(c) 
Members of the group are employed in the area; and
(d) 
The group has been living together in the current dwelling unit, or elsewhere, for a continuous period of one year or more.
(4) 
Any other factors which may be determinative of whether or not the group is the functional equivalent of a natural family.
FLOOR AREA
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.
FLOOR AREA RATIO or FAR
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.
FRONTAGE
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.
GROUND LEVEL
The average level before excavation of that portion of a plot enclosed or intended to be enclosed by the foundation of a building.
HEIGHT OF BUILDING
The vertical distance from the ground level to:
A. 
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;
B. 
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
C. 
The highest point of the roof beams in the case of all other roofs.
HOTEL
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]
LIBRARY
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.
LIVABLE FLOOR AREA
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.
NONCONFORMING BUILDING
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.
NONCONFORMING USE
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.
OPEN SPACE
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]
PLOT
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.
PLOT DEPTH
The mean horizontal distance from the front street line of a plot to its rear line.
PLOT WIDTH
The mean horizontal distance between the side lines of a plot.
PLOT WIDTH, MINIMUM
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.
PREKINDERGARTEN
A school educating children below the kindergarten grade.
[Added 7-16-1992 by L.L. No. 3-1992]
SCHOOL
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]
SCHOOL, PROFESSIONAL
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.
SCHOOL, PUBLIC
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]
SIGN
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]
STORY
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."
STORY, HALF
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.
STREET LINE
The dividing property line between a street and a plot.
STRUCTURE
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]
TOWNHOUSE
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]
USE
The purpose for which land or a building or structure is used, or for which either is or may be occupied or maintained.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.