Garden City City Zoning Code
ARTICLE V
Schedule of Regulations and Uses
§ 200-15 Schedule adopted.
The schedule entitled "Schedule of Regulations" and designated as a part of this Article is hereby adopted and declared to be a part of this chapter[1] and may be amended in the same manner as any other part of this chapter. The regulations listed in said schedule for each district are hereby adopted and prescribed for such district, subject to the provisions of Articles VI through XI, and, unless otherwise indicated, said regulations shall be deemed to be the minimum requirements in every instance of their application. The use, off-street and applicable site plan regulations are set forth hereinbelow.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
§ 200-16 Residence R-40, R-20, R-12, R-8 and R-6 Districts.
[Amended 11-21-1974; 8-11-1983 by L.L. No. 1-1983; 10-16-1989 by L.L. No. 6-1989]
A.
Uses. In R-40, R-20, R-12, R-8 and R-6 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
[Amended 10-17-1991 by L.L. No. 7-1991]
(1)
One-family dwelling.
(2)
Public school.
(3)
Railroad passenger station.
(4)
Nursery and greenhouse, provided that they are not used for the growing of vegetables, plants or flowers for sale and that there is no display of products and no advertising, and provided that any greenhouse heating plant is at least 20 feet distant from the side and rear lines of the lot.
(5)
Golf course and accessory uses and buildings customarily incidental thereto.
(6)
By the Village or County of Nassau for administrative purposes, water supply, sewerage facilities, fire or police station, public park, playground or automobile parking field.
(7)
Privately owned automobile parking space, when required by the Board of Appeals or the Board of Trustees, in accordance with the provisions of this chapter, when such space is contiguous to land in a C or I District and is accessory to the use of such land and is separated from other privately owned land in any R District by land which is owned by the Village, other than a street, and which has a width of at least 20 feet.
(8)
Uses subject to approval of the Board of Trustees.
[Amended 7-14-2005 by L.L. No. 2-2005]
(a)
Subject to approval of the Board of Trustees, after public hearing and notice:
[1]
Outdoor electric substation with transformers, regulators, switchgear, usual accessories and protective fencing, provided that:
[2]
College and any use, building or structure accessory to a college, excluding a building or structure of less than 5,000 square feet.
[3]
Professional school.
[4]
Convent, dormitory and recreation building customarily incidental to a school or college.
(9)
The following uses, subject to approval by the Board of Appeals, pursuant to Articles VIII through XI:
(a)
Church.
(b)
Library.
(c)
School.
(d)
Outdoor pool.
(f)
The accessory use of a dwelling for the location of an office, studio or occupational room of an attorney, physician, dentist, chiropractor, psychologist, architect, engineer, or public accountant, or of an artist or musician, but not for the purpose of operating a school of or pertaining to any such professional activity.
[Added 4-19-2001 by L.L. No. 1-2001]
(10)
(a)
In a dwelling, either:
[1]
Accommodations for not more than two lodgers or boarders; or
[2]
An office, studio or occupational room (excluding a professional school) of an attorney, physician, dentist, chiropractor, psychologist, architect, engineer, or public accountant, or of an artist or musician (hereinafter, referred to collectively in this Subsection A(10)(a)[2] as the "professional activity"), subject to the following and to other reasonable conditions as the Board of Appeals may prescribe:
[Amended 4-19-2001 by L.L. No. 1-2001]
[a]
The practitioner of the professional activity shall reside in the same dwelling unit in which such professional activity is practiced, and such accessory use shall be incidental and subordinate to the use of such dwelling for residential purposes.
[b]
The space dedicated to carrying on such professional activity shall be confined to the ground floor of the building and shall occupy not more than 20% of the total livable floor area of the dwelling unit, provided that no such professional area shall exceed 400 square feet.
[c]
The number of persons, including the practitioner and associates, assistants and employees engaged in such activities on the premises, shall not exceed three persons.
[d]
No display or advertising shall be permitted on the premises in connection with such accessory use except for one sign subject to § 200-42.
[e]
No overnight accommodations shall be provided or maintained on the premises for the recipients of care, treatment or other services.
[f]
Notwithstanding anything to the contrary in § 200-81 herein, any permit granted by the Board of Appeals for such accessory use of a dwelling shall apply only to the use described in the permit and to the named permittee, and such permit may not be transferred and shall expire upon the termination or modification of the permitted use.
C.
Off-street regulations. Pursuant to § 200-59 et seq., the following minimum requirements for off-street parking and loading spaces shall apply in R-40, R-20, R-12, R-8 and R-6 Districts:
D.
No lot, plot or structure in the R-40, R-20, R-12, R-8 or R-6 District shall be used for or occupied by more than one principal use.
§ 200-16.1 Residential Townhouse R-T Districts.
[Added 6-3-2004 by L.L. No. 2-2004]
A.
Uses. In R-T Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Any use permitted in R-8 Districts.
(2)
Townhouses limited to one dwelling unit for each 6,000 square feet of total plot area devoted to such use.
(3)
Multifamily dwellings or assisted-living residences subject to approval by the Board of Trustees and subject to the following conditions:
[Amended 6-1-2006 by L.L. No. 1-2006]
(a)
All multifamily dwellings shall be in compliance with R-M District regulations, except that the minimum plot area shall be not less than 4,000 square feet per dwelling unit.
(b)
All assisted-living residences shall be in compliance with R-M District regulations, except that the minimum floor area for each assisted-living unit shall be 400 square feet and that the minimum plot area shall be not less than 2,700 square feet per assisted-living unit.
(c)
Multifamily dwellings and assisted-living residences may only be located west of County Seat Drive.
(d)
Notwithstanding the provisions of Subsection A(3)(a) or (c) of this section, multifamily dwellings, in compliance with the R-M District regulations except as provided in this subsection, if approved by the Board of Trustees for QRD development pursuant to Article VA of this chapter:
[Added 6-21-2018 by L.L. No. 1-2018]
[1]
Maximum plot area shall not exceed five acres, and minimum plot area shall be not less than three acres;
[2]
Maximum permitted floor area ratio shall not exceed 0.99;
[3]
Minimum plot area shall be not less than 1,290 square feet for each dwelling unit;
[4]
Maximum building lot coverage shall not exceed 270%;
[5]
Maximum building height shall not exceed four stories, nor a height of 45 feet;
[6]
Minimum front yard setback shall be not less than 10 feet.
B.
Accessory uses. Subject to the approval of the Board of Trustees, uses accessory to residential development such as parking and recreation facilities may be located on a separate lot, if, in the opinion of the Trustees, such layout produces a superior site design.
D.
Building setback requirements. All buildings, unless otherwise regulated on the Setback Map,[1] shall be set back at least 25 feet from any street.
[1]
Editor's Note: The Setback Map is included at the end of this chapter.
E.
Open space requirements. There shall be a minimum of 25% of open space in R-T Districts.
§ 200-16.2 Determination of plot area in R-T Districts.
[Added 6-3-2004 by L.L. No. 2-2004]
In computing the plot area to determine the FAR in the R-T District, no private street, roadway or driveway, which gives access to the plot or over which other property owners in the general area have rights of way, shall be included in the total plot area. All streets, roadways or driveways, whether public or private, must have a minimum right-of-way of at least 50 feet, unless otherwise approved by the Board of Trustees.
§ 200-16.3 Residence R-20C Corner Overlay Districts.
[Added 8-13-2009 by L.L. No. 4-2009]
In R-20C Corner Overlay Districts, mapped as an overlay of R-20 Districts, no corner lot shall be subdivided unless the resulting corner lot complies with all R-40 Districts requirements.
§ 200-17 Residence R-M Districts.
A.
Uses. In R-M Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6 Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
B.
Other use regulations. In R-M Districts, the other use regulations shall be the same as those provided for R-40, R-20, R-12, R-8 and R-6 Districts and as follows:
[Amended 10-16-1989 by L.L. No. 6-1989]
(1)
Multifamily dwellings shall be subject to the following:
(a)
Buildings shall be so grouped that each building shall face for the full length of its front facade either upon an existing street or upon an open space which in its least dimension shall be not less than 75 feet. Where the rear elevations of the principal buildings are built parallel to each other or within 30° of parallel, the average distance between their long dimensions shall be not less than 60 feet. Each building, whether principal or accessory, shall be at least 30 feet distant from any other building in the group, which distance shall be measured in a straight line between the points of the buildings which are nearest each other.
(b)
No basement or cellar shall be occupied as living or sleeping quarters, except for a janitor's apartment in the basement.
(c)
Not more than 50% of the total floor area of any dwelling unit shall be located above the second-floor level.
(2)
Minimum floor area for multifamily. Each dwelling unit shall contain a minimum of 500 square feet of floor area, exclusive of public halls, stairs or other public space, for any dwelling unit having 2 1/2 rooms or less. The minimum floor area shall be increased 200 square feet for each additional half room or full room. For the purpose of this subsection, a "half room" shall be any space occupied as a kitchen, kitchenette, dining alcove, dining foyer or combination thereof, or for a similar purpose, having a floor area less than 120 square feet; a "room" shall be any space used for any purpose or combination of purposes, other than a bathroom, having a floor area of 120 square feet or more, except that where a space in excess of 200 square feet is partially divided by a partition for combination use thereof, such space shall be counted as 1 1/2 rooms.
(3)
Assisted-living residence, subject to approval by the Board of Trustees, except that the minimum floor area for each assisted-living unit shall be 400 square feet and that the minimum plot area shall be not less than 2,000 square feet per assisted-living unit.
[Amended 6-1-2006 by L.L. No. 1-2006[1]]
[1]
Editor's Note: This local law also renumbered former Subsection B(3) as B(4).
§ 200-18 Residence R-A Districts.
A.
Uses. In R-A Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6 Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
(2)
Any use permitted in R-M Districts.
(3)
Assisted-living residence, subject to approval by the Board of Trustees, except that the minimum floor area for each assisted-living unit shall be 400 square feet and that the minimum plot area shall be not less than 800 square feet per assisted-living unit.
[Amended 6-1-2006 by L.L. No. 1-2006]
(4)
College, school or professional school and convent, dormitory, fraternity or sorority house, and recreation building customarily incidental thereto.
(5)
Philanthropic and charitable uses and institutions, except hospitals for contagious diseases and mental institutions.
(6)
Accessory uses customarily incidental to a permitted principal use.
B.
Other use regulations. In R-A Districts, the other use regulations shall be the same as those in R-40, R-20, R-12, R-8, R-6 and R-M Districts. Any use not permitted hereinabove shall be prohibited.[1]
[Amended 10-16-1989 by L.L. No. 6-1989]
[1]
Editor's Note: Former Subsection C, off-street regulations, which immediately followed this subsection, was repealed 10-16-1989 by L.L. No. 6-1989.
§ 200-19 Hotel H Districts.
[Amended 10-19-1972]
A.
Uses. In H Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6 Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
(2)
Hotel and accessory uses customarily incidental thereto, including but not limited to restaurants, cocktail lounges, public banquet halls, ballrooms, meeting rooms and recreational facilities, except that in a building containing a hotel and apartments, a nightclub, cabaret, discotheque, or similar facility shall not be permitted.
[Amended 8-17-2006 by L.L. No. 2-2006]
(3)
In combination with a hotel; apartments, provided that not more than 82% of the floor area of all buildings on the plot may be devoted to apartment use.
[Amended 9-6-1979 by L.L. No. 6-1979; 8-17-2006 by L.L. No. 2-2006]
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in H Districts, as well as the following:
(1)
For one-family dwellings, § 200-16A(11) and B shall apply.
(2)
In a building containing a hotel and apartment, not less than 72% of the total of the hotel and apartment units shall be designed for transient guests, without any cooking facilities.
[Amended 8-17-2006 by L.L. No. 2-2006]
(3)
In a hotel, areas used for restaurants, the sale of beverages for consumption on the premises, banquet facilities, ballrooms and recreational facilities shall be limited to an amount and capacity to be determined on approval of the site plan pursuant to Subsection D hereof so as to ensure their adequate functioning as a subordinate and accessory use to the hotel and so as to carry out the purposes set forth in Article I. The total square foot area devoted to other accessory uses, such as professional uses, retail shops and personal service facilities, shall not exceed a floor area ratio of 0.02.
(4)
Only one apartment shall be permitted to each 2,300 square feet of total plot area, which total plot area, for the purpose of computing the number of such apartments permitted, shall include the portion used for hotel purposes. As to each such apartment, the minimum floor area provisions of § 200-17B(2) in respect to dwelling units shall apply.
[Amended 9-6-1979 by L.L. No. 6-1979]
(5)
In a building containing a hotel or apartments, no basement or cellar shall be occupied as living or sleeping quarters, except for supervisory personnel required for proper operation and maintenance.
(7)
Any use not permitted hereinabove shall be prohibited.
D.
[2]Building height and setback.
[Amended 9-6-1979 by L.L. No. 6-1979]
(1)
Whenever a site plan shall provide for a setback in excess of the minimum requirement of 250 feet, the Board may approve an increase in the maximum eighty-five-foot height, which increased maximum height shall not exceed 100 feet and shall be permitted only where the two-hundred-fifty-foot setback is increased 3.5 feet for each additional one foot of height in excess of 85 feet.
(2)
The Board may permit a setback of less than 250 feet, provided that, for each three-and-five-tenths-foot reduction in the setback, the maximum height of any building within the two-hundred-fifty-foot setback shall be reduced by one foot. However, in no event shall the minimum setback requirement be less than 150 feet.
(3)
No parking, loading or unloading spaces or other facilities or structures shall be permitted within 100 feet of any street line.
[Added 10-16-1990 by L.L. No. 6-1989]
§ 200-20 (Reserved) [1]
[1]
Editor's Note: Former § 200-20, Public P Districts, as amended, was repealed 6-3-2004 by L.L. No. 2-2004.
§ 200-21 Commercial CO-1 Districts.
§ 200-22 Commercial CO-2 Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
A.
Uses. In CO-2 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Offices for business or professional use.
(2)
Mail-order houses, books only.
(3)
Railroad passenger stations.
(4)
Electronic data processing.
(5)
Accessory uses customarily incidental to a permitted principal use.
(6)
Any use permitted in R-M Districts, provided that:
[Amended 6-1-2006 by L.L. No. 1-2006]
B.
C.
No parking, loading or unloading spaces or other facilities or structures shall be permitted within 20 feet of any property line.
§ 200-23 Commercial CO-3 Districts.
A.
Uses. In CO-3 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
§ 200-23.1 Commercial CO-4 Districts.
[Added 10-16-1989 by L.L. No. 6-1989; amended 6-3-2004 by L.L. No. 2-2004]
A.
Uses. In CO-4 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in CO-4 Districts, as well as the following:
(1)
Office uses shall not include any office in or from which chattels or goods, wares or merchandise is commercially produced, exchanged or delivered.
(2)
If a plot in a CO-4 District abuts property in a one-family dwelling district, a fifty-foot setback from a one-family dwelling district is required unless there is an intervening road not less than 25 feet wide, in which case the setback requirement is 25 feet.
(3)
Any use not permitted hereinabove shall be prohibited.
C.
Additional floor area regulations. Subject to approval by the Board of Trustees, lots that are in the same ownership and contiguous to one another or directly opposite one another and separated only by a local street may be combined for the purposes of calculating the maximum allowable floor area.
§ 200-23.2 Commercial CO-5 Districts.
[Added 6-3-2004 by L.L. No. 2-2004]
C.
Additional floor area regulations. Subject to approval by the Board of Trustees, lots that are in the same ownership and contiguous to one another or directly opposite one another and separated only by a local street may be combined for the purposes of calculating the maximum allowable floor area.
D.
Supplementary height regulations. The Board of Trustees may allow the maximum height of a building to be increased to no more than a total of 60 feet subject to the criteria set forth in § 200-73 of this Code.
E.
Open space requirements. There shall be a minimum of 25% of open space in CO-5 Districts.
§ 200-24 Commercial C-1 Districts.
A.
Uses. In C-1 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
Retail establishments dealing in food, drugs, stationery or books, hardware, flowers, gifts and liquor (package goods only); retail stores dealing in apparel and clothing accessories; home and office furniture, furnishings and appliances; and general merchandise and miscellaneous consumer goods, exclusive of automotive rentals, sales and service.
[Amended 4-19-2001 by L.L. No. 1-2001]
(2)
Personal service establishments consisting of barber shops, beauty parlors, shoe repair shops, tailor shops, photographic (portrait) studios and establishments for laundering, cleaning or dyeing.
[Amended 4-19-2001 by L.L. No. 1-2001]
(3)
Restaurants and similar places serving food or beverages.
(4)
Offices for business or professional use.
(5)
Accessory uses customarily incidental to a permitted principal use, subject to the limitations set forth in § 200-23A(5).
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in C-1 Districts, as well as the following:
(1)
Retail establishments shall be limited to those selling merchandise generally for personal and household consumption and rendering services incidental to the sale of the goods, exclusive of automotive rentals, sales and service.
(2)
Personal service establishments shall be limited to those primarily engaged in providing services generally involving the care of the person or his apparel, exclusive of mortuary, crematory and public baths.
(3)
No establishment used for business or professional purposes shall have a net floor area in excess of 2,000 square feet.
(4)
Office uses shall not include any office in or from which chattels or goods, wares or merchandise are commercially produced, exchanged or delivered.
§ 200-25 Commercial C-R Districts.
A.
Uses. In C-R Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
[Amended 11-17-2016 by L.L. No. 11-2016]
(1)
Offices for business or professional use, including scientific, educational, statistical, financial or economic uses.
(2)
Restaurant, provided that service therein shall be only to seated patrons.
(3)
Laboratory devoted exclusively to research, design and experimentation.
(4)
Professional school or studio, provided that alcoholic beverages shall not be served.
(5)
Hotels, with the permission of the Board of Trustees, and provided that for the purposes of the C-R District the term "hotel" shall mean a building, part of a building or a group of buildings in which sleeping accommodations are provided and used primarily for transient occupancy, with or without 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.
(6)
Accessory uses customarily incidental to a permitted principal use, including garages for storage and maintenance of company and employee vehicles, and the storage of gasoline and lubricating oils therefor; off-street parking facilities; maintenance and utility shops for the upkeep and repair of buildings, structures and services; central heating and power plants for furnishing heat and electrical energy to structures on the site only; training schools for employees; buildings for storage of documents, records and personal property; medical, communications, dining and recreational facilities, post office and company store for the use of company employees and visitors; provided that all such uses are planned as an integral part of a main building in which are conducted the uses to which such accessory uses are appurtenant.
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in C-R Districts, as well as the following:
(1)
Laboratories.
(a)
The testing of manufacturing, processing or fabrication methods or the testing of products or materials shall be permitted only as an accessory to a research laboratory, and in no case shall more than 25% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on the premises for sale except such as are incidental to said laboratory research, design or experimental work.
(b)
No manufactured or commercial explosives shall be kept, maintained or stored on the premises except in small quantities for laboratory, design or experimental use, and then only in compliance with all federal, state and local statutes.
(c)
No animals shall be kept or maintained for laboratory research or experimental work.
(2)
Office uses shall not include any office in or from which chattels or goods, wares or merchandise are commercially produced, exchanged or delivered.
§ 200-25.1 Regulated uses in the Commercial C-R Districts.
[Added 11-7-2024 by L.L. No. 4-2024]
A.
Purpose and findings. The purpose of this section is to govern certain regulated uses as defined herein and to protect and promote the health, safety, morals and general welfare of the residents of the Village of Garden City. The provisions of this section do not limit or restrict the content of any speech, including sexually oriented speech. Further, the Board of Trustees of the Village of Garden City has recognized that certain uses can have a deleterious effect on the existing businesses around them, as well as upon the surrounding residential areas adjacent to them, certain uses present threats to the safety of children, and such uses present objectionable operational characteristics. Further, the Board of Trustees recognizes and finds that the adoption of this section protects the Village without infringing upon constitutionally protected rights. The Board of Trustees further finds that licensing and inspection procedures are appropriate mechanisms to regulate the operation of certain regulated uses. The Board of Trustees further finds that the general welfare, health, morals, and safety of the citizens of the Village will be promoted by the enactment of this section.
B. ADULT USE ESTABLISHMENTS(1) (2) (3) (4) (5) (6) BODY PIERCING AND TATTOO PARLORS(1) (2) VAPE SHOPS, SMOKE SHOPS, HOOKAH, VAPE AND SMOKE LOUNGES(1) (2) (3)
Definitions. As used in this section, the following terms shall have the meanings indicated.
ADULT ARCADEA business enterprise that offers or maintains one or more adult video viewing booths.
ADULT BOOKSTORE or ADULT VIDEO STOREAn establishment that sells, as a substantial or significant portion of its stock-in-trade, adult materials such as books, magazines, other periodicals, films, slides, and videotapes which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
ADULT CABARETA business enterprise that regularly features or offers to the public, customers or members topless or bottomless dancers, strippers, male or female impersonators, exotic dancers, or other similar entertainment and which establishment is not customarily open to the public but excludes any minor by reason of age.
ADULT RETAIL STOREA business enterprise that sells sexually oriented materials, including lingerie and leather goods that are marketed in a context that suggests their connection with sexual activities.
ADULT THEATERA theater that customarily presents motion pictures, film or videotapes or slides and is not open to the public generally but excludes any minor by reason of age.
BODY RUB ESTABLISHMENTAny establishment where sexually oriented body rubs are administered for pay, including, but not limited to body rub parlors, sauna baths and steam baths. This definition shall exclude a hospital, nursing home, or medical clinic, or the office of a duly licensed physician, surgeon, chiropractor, osteopath, or physical therapist or occupational therapists, or barbershop, beauty salon or spa. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts, or exercise rooms, and that do not receive their primary source of revenue through the administering of body rubs, as well as those individuals holding New York State Department of Education licenses as masseuse or masseur, in addition, this definition will all also exclude barbershops, beauty parlors, salons and spas that offer massage of feet, necks, heads, shoulders and faces in conjunction with haircutting and beauty treatment services.
BODY PIERCING PARLORAny private or public business, store or establishment that provides the service of piercing the human body, excluding ear piercing, through the use of any piercing device or method.
TATTOO PARLORAny private or public establishment, store or business which provides as all or part of its business the application of tattoos on the human body through the injection of dye by needle or other methods so as to form indelible marks, figures or design, excluding permanent makeup. A tattoo parlor also includes any establishment, store or business that provides indelible marks or figures to the human body through production of scars.
ELECTRONIC NICOTINE DELIVERY SYSTEMAny electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provide a vapor of liquid nicotine, to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name. This term shall include the component parts designed for such systems, including but not limited to, liquid nicotine and other e-liquids, glass or plastic vials containing e-liquid, cartridges, atomizers, batteries, cartomizers and clearomizers, digital displays/lights that adjust setting, tank systems, drip tips, flavoring for electronic nicotine delivery systems and programmable software.
VAPE OR SMOKE SHOPAny facility or location whose business operations, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic nicotine delivery systems, hookahs or such other vaping paraphernalia, vapors, e-liquids, or other substances that are smoked through an electronic nicotine delivery system or any related products such as hookahs, water pipes, bongs, shishas, narghiles or any similar device.
HOOKAH LOUNGES, VAPE OR SMOKE LOUNGESAny facility or location whose business operation includes the on-site indoor smoking of electronic cigarettes, vape pens, vapors, and pipes, as defined herein, e-liquids, or marijuana derivatives. "Smoking" includes the inhalation of the smoke/e-liquid nicotine/vapors water pipe tobacco and other substances encased in electronic cigarettes, vape pens, vapors, and pipes commonly known as hookah, waterpipe, bong, shisha and narghile or any similar device.
C.
Location and size restrictions.
D.
Licensing.
(1)
It is unlawful to operate a regulated use defined in this chapter without a valid license, which will be issued and governed in accordance with this chapter and Chapter 75 of the Code of the Village of Garden City.
(2)
Licenses for regulated uses are subject to all the provision of Chapter 75 of the Code of the Village of Garden City.
(3)
Regulated uses shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. Said signage shall be placed in a conspicuous location near each public entrance to the operation. It shall be unlawful for a regulated use to fail to display and maintain, or fail to cause to be displaced or maintained, said signage.
(4)
No person shall sell or continue to sell or distribute or continue to distribute electronic cigarettes, vape pens, vapors, e-liquids, hookah pipes, or similar products in the Village unless a sign is posted at the point of sale, in a conspicuous place, that warns of the dangers of e-cigarettes, vape pens, vapors, e-liquids, hookah pipes, and similar products including, at a minimum, the following statement: "WARNING: Electronic cigarettes, vape pens, vapors, and e-liquids contain nicotine. Nicotine is an addictive chemical." Such a sign shall be printed with letters at least 1/2 inch in height. Signs shall be protected from tampering, damage, removal, or concealment.
(5)
All regulated uses shall also be in compliance with all applicable New York State and Nasau County Health Department law and regulations.
§ 200-26 Commercial C-2 Districts.
[Amended 4-19-1984 by L.L. No. 1-1984; 10-16-1989 by L.L. No. 6-1989; 4-19-2001 by L.L. No. 1-2001; 6-2-2017 by L.L. No. 2-2017]
A.
Uses. In C-2 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
The retail uses permitted in C-1 Districts.
(2)
The personal service establishments permitted in C-1 Districts.
(3)
Offices for business or professional use, except that any such office, other than an office for the conduct of a travel agency or real estate agency, may not be maintained on the street level or first floor of any building or structure.
(6)
Restaurants, bakeries and similar places for the preparation or serving of food or beverage, except that drive-through ordering and windows shall not be permitted.
(7)
Accessory uses customarily incidental to a permitted principal use, subject to the limitations set forth in § 200-23A(5).
B.
Other use regulations. In C-2 Districts, other use regulations shall be the same as those in C-I Districts as set forth in § 200-24B(2) and (4), as well as the following:
§ 200-27 Commercial C-B Districts.
A.
Uses. In C-B Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
(1)
The retail uses permitted in C-1 and C-2 Districts, except food and hardware stores.
(2)
Department stores and retail establishments primarily engaged in selling office machines, equipment and supplies.
(3)
Personal service establishments consisting of barbershops, beauty parlors and photographic (portrait) studios.
(4)
Offices for business or professional use.
(5)
Restaurants and similar places serving food or beverages.
(6)
Accessory uses customarily incidental to a permitted principal use, subject to the limitations set forth in § 200-23A(5).
§ 200-28 Commercial C-3 Districts.
[Amended 10-16-1989 by L.L. No. 6-1989; 6-1-2006 by L.L. No. 1-2006]
A.
Uses. In C-3 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purposes other than:
(1)
Offices for business or professional use.
(2)
Accessory uses customarily incidental to a permitted principal use.
§ 200-28.1 Commercial C-4 Districts.
[Added 10-16-1989 by L.L. No. 6-1989; amended 12-4-1997 by L.L. No. 4-1997; 2-6-2003 by L.L. No. 1-2003]
A.
Uses. In C-4 Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
B.
Other use regulations. In C-4 Districts, other use regulations shall be the same as those in C-2 Districts, except that offices for business or professional use shall only be permitted on the ground floor by special permit.
C.
Offices for business or professional use are permitted on the ground floor only by special permit approval by the Board of Appeals pursuant to §§ 200-65A and 200-73 and the following conditions:
(1)
The space has been advertised twice a month for six months for retail in local newspapers at a rate commensurate with rates in similar retail space in the Village; or the property has been advertised by other means to the reasonable satisfaction of the Board of Appeals.
(2)
If the finding of Subsection C(1) of this section is satisfied, the proposed office use is required to occupy floors above the level of the ground floor before occupying the ground floor.
(3)
If the findings of Subsection C(1) and (2) of this section are satisfied, any alteration of the ground floor facade of a building used as offices for business or professional use must also be approved by special permit. At a minimum, windows should be provided across 30% of the base of the building.
D.
Medical offices shall not be permitted on the ground floor.
§ 200-29 Commercial C-S Districts.
A.
Uses. In C-S Districts, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:
§ 200-30 Industrial I Districts.
A.
B.
Other use regulations. In I Districts, the use provisions of Articles VII and XI shall apply. Any use not permitted hereinabove shall be prohibited.[1]
[1]
Editor's Note: Former Subsection C, Off-street regulations, which immediately followed this subsection, was repealed 10-16-1989 by L.L. No. 6-1989.