Garden City City Zoning Code
ARTICLE VII
Supplementary Use Regulations
§ 200-32 Performance standards.
No use shall be permitted in any district, the operation of which would normally cause or result in:
A.
Dissemination of dust, smoke, gas, fumes or other atmospheric pollutant beyond the boundaries of the parcel of land on which the building in which such use is conducted is situated.
B.
Dissemination of any noise, vibration, radiation or odor beyond the boundaries of the parcel of land on which such use is located.
C.
Glare or flashing of lights in any manner that will cause hazard or annoyance to the public generally or to the occupants of neighboring property.
D.
Hazard of fire or explosion.
E.
Hauling of materials, goods or products to or from the site of such use in a volume or manner materially incongruous with the normal traffic on streets in the neighborhood.
F.
Danger or hazard to the health, safety or comfort of the community or unreasonable disturbance or annoyance to the occupants of neighboring property.
§ 200-33 Uses to be enclosed.
No use permitted in any H, P or C District, other than off-street parking facilities, shall be conducted in any open-front store, and there shall be no outdoor display or service of food or merchandise, unless otherwise authorized by the Board of Appeals pursuant to § 200-28A.
§ 200-34 Entrances.
Every business or industrial establishment shall have its main entrance on a public street or highway at least 35 feet in width, except as may otherwise be approved pursuant to § 200-25D or 200-29D. A municipal parking field or entrance thereto or exit therefrom shall not be considered to be a public street or highway for such purpose.
§ 200-35 Drive-in and vending uses.
Unless authorized by the Board of Appeals, no drive-in or walk-up window, vending machine or device for dispensing goods or services, including without limitation laundromats and automatic cleaners and driers (other than mailboxes, night depositories or vending machines within a building and customarily incidental to the permitted principal use), shall be constructed, installed or maintained in any district.
§ 200-36 Dwelling frontage.
No dwelling shall be erected to the rear of any building on the same plot except as permitted in R-M and R-A Districts.
§ 200-37 Parking and storage of vehicles and boats in residential districts.
[Amended 4-19-2001 by L.L. No. 1-2001]
A.
Parking and storage of mobile residential vehicles.
(1)
No automobile trailer, camper, mobile home, house trailer, recreational vehicle, or other vehicle designed or outfitted with sleeping accommodations and that has an overall length in excess of 20 feet, or an overall height in excess of 12 feet as measured from the ground to its highest point of vertical rise as situated on the property, shall be parked or stored in an R District in the Village.
(2)
An automobile trailer, camper, mobile home, house trailer, recreational vehicle, or other vehicle designed or outfitted with sleeping accommodations and having an overall length of 20 feet or less, and an overall height of 12 feet or less as measured from the ground to its highest point of vertical rise as situated on the property, may be parked or stored as provided in § 200-61 and further subject to the following regulations:
(a)
Only one such vehicle may be parked or stored on any plot.
(b)
Such vehicle must be owned, leased or rented by the owner or occupant of the premises upon which it is parked or stored.
(c)
In no case shall such vehicle be used for sleeping, habitation or any other purpose while parked or stored on such lot.
B.
Parking and storage of boats.
(1)
No boat or boat trailer that has an overall length in excess of 20 feet, or that has an overall height in excess of 12 feet as measured from the ground to its highest point of vertical rise as situated on the property, shall be parked or stored in an R District in the Village.
(2)
A boat or boat trailer that has an overall length of 20 feet or less, and an overall height of 12 feet or less as measured from the ground to its highest point of vertical rise as situated on the property, may be parked or stored as provided in § 200-61 and further subject to the following regulation:
(a)
Only one such boat, boat trailer, or combination thereof may be parked or stored on any plot.
(b)
Such boat or boat trailer must be owned, leased or rented by the owner or occupant of the premises upon which it is being parked or stored.
(c)
In no case shall such boat or boat trailer be used for sleeping, habitation or any other purpose while parked or stored on such plot.
§ 200-38 Soil and mineral deposits; mining.
No soil, sand or gravel shall be stripped, excavated or mined in any district, except excess soil, sand or gravel resulting from excavation or grading in connection with the construction or alteration of a building for which a building permit has been obtained.
§ 200-39 Minimum distances between certain uses.
The following uses shall comply with the following distance requirements:
A.
No theater shall be located on any plot any part of which is situated within a distance of 300 feet as measured along the shortest line from any existing school, church or dwelling.
B.
No mortuary, undertaking or embalming parlor or chapel or similar establishment shall be located on any plot any part of which is situated within a distance of 500 feet as measured along the shortest line from any existing school, church or dwelling.
C.
No garage for more than three motor vehicles, motor vehicle repair shop or automobile service station shall be located on any plot any part of which is situated within a distance of 200 feet as measured along the nearest boundary of a public street from any existing school or church, or within any portion of a block between two intersecting streets in which portion there exists a school or church.
D.
No used car sales lot shall be located on any plot any part of which is situated within a distance of 300 feet as measured along the shortest line from any existing school or church.
§ 200-40 Parking lots.
Notwithstanding any other provisions of this chapter, no parking place for more than five motor vehicles shall be established or maintained in any district, except when owned by the Village or when owned by the County of Nassau and appurtenant to a county administrative building, unless a permit therefor is authorized by the Board of Appeals, in accordance with § 200-68, or unless such space is required by the Board of Trustees as provided in Article V.
§ 200-41 Accessory uses.
The uses permitted in each district shall be deemed to include uses and buildings or structures therefor that are customarily accessory and incidental to such permitted uses and located on the same plot therewith, except as follows:
A.
A garage, group of garages or outdoor storage for more than three motor vehicles shall not be deemed to be an accessory use in any R-40, R-20, R-12, R-8 or R-6 District.
[Amended 10-16-1989 by L.L. No. 6-1989]
B.
No garage or any portion of a plot in any R District shall be occupied by a commercial vehicle or truck unless a permit therefor is authorized by the Board of Appeals as provided in § 200-65C.
C.
A driveway or a walk to and from a business or industrial use shall not be deemed to be an accessory use in any R District.
D.
Automobile or truck wrecking and the disassembly of any automotive vehicle shall not be deemed to be an accessory use in any district.
E.
No accessory use shall be operated and no accessory building or structure shall be maintained or erected on any plot prior to the time of the operation of the principal use or of the construction of the main building to which it is or is intended to be accessory.
§ 200-42 Signs in R Districts.
[Amended 2-21-1991 by L.L. No. 2-1991]
A.
Purpose. The purpose of this section is to establish reasonable regulations for all signs in Residence Districts in the Village of Garden City in order to:
(1)
Further the objectives of the Village comprehensive plan;
(2)
Protect the value of property in the Village;
(3)
Protect the health, safety and general welfare;
(4)
Protect the essential character of residential neighborhoods;
(5)
Facilitate the creation of an attractive and harmonious community; and
(6)
Reduce traffic hazards.
B. PERSON REAL ESTATE SIGN SIGN SPECIAL EVENT SIGN TEMPORARY SIGNS
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context otherwise indicates:
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
A sign in an R District which is used to announce or indicate that the premises upon which it rests, sets or is attached is available for sale, lease, rent or inspection.
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]
Any sign, of whatever description, to be erected and maintained for a limited period of time to include any announcement used to identify or advertise a specific upcoming event or activity in an R District on premises permitted pursuant to § 200-16A(10) of this Code.
A special event sign or a real estate sign.
C.
No sign shall be displayed in any R District, other than by a governmental authority, except as follows:
(1)
Temporary signs as permitted in this section.
(3)
One sign, which shall not exceed two square feet in area, displaying not more than the name and street number of the occupant of the premises and, in the case of a permitted office, studio or occupational room, the identification thereof. Such sign shall not be placed within a distance of three feet from any street or property line, and all freestanding signs shall not exceed four feet in height above ground level.
(4)
One sign or bulletin board, not exceeding 16 square feet in area, on church, institutional or school property, giving the identification thereof or advertising the activities thereof, or both. Such sign shall not be placed within a distance of 10 feet from any street or property line and shall not exceed six feet in height above ground level.
(5)
One sign, which shall not exceed one square foot in area, indicating that the premises are protected by a security company. Such sign shall not be placed within a distance of 10 feet from any property line nor nearer to any street line than the minimum setback therefrom as prescribed by this chapter and shall not exceed two feet in height above ground level. Signs on windows, not exceeding 36 square inches, indicating that the premises are protected by security company, shall be exempt from the provisions of this section.
D.
Temporary signs; permit required.
(1)
No person shall erect or maintain a temporary sign within an R District without a permit duly issued therefor by the Village Clerk.
(2)
The Village Clerk shall require that an application for a permit be made to him, which shall include the name, address and telephone number of the applicant, the size of the sign, the proposed wording on the sign and the proposed location of the sign.
(3)
The Village Clerk shall require that any real estate sign contain only the words "for sale," "for lease," "for rent" or "open house" and, at the option of the applicant, the word "owner" or "broker" and a telephone number.
(4)
No more than one temporary sign may be in effect at any one time for a single piece of property.
E.
Temporary signs; fees. The fee for a permit for the erection of a special event or real estate sign or renewal of a permit shall be as fixed from time to time by resolution of the Board of Trustees. Said fee shall be submitted by the applicant at the time the application is presented to the Village Clerk.
G.
Placement and height of temporary signs.
[Amended 7-16-1992 by L.L. No. 3-1992]
(1)
No real estate sign shall be posted, erected or maintained within a distance of 10 feet from any property line, nor nearer to any street line than the minimum setback therefrom as prescribed by this chapter and shall not exceed six feet in height above ground level.
(2)
No special event sign shall be posted, erected or maintained within a distance of 10 feet from any property or street line and shall not exceed eight feet in height above ground level.
H.
Expiration and removal of temporary signs.
(1)
Real estate signs must be removed within 24 hours of the transfer of the title to the property or the giving of possession of the property, whichever event first occurs, except that "open house" signs shall be removed within 24 hours after the conclusion of the open house.
(2)
Permits for real estate signs shall expire 60 days following the date of the issuance, but may be renewed by the Village Clerk, upon the payment of an additional fee, for successive sixty-day periods.
(3)
Special event signs shall be erected no more than 10 days prior to the event or activity and shall be removed within 24 hours of the conclusion of the event or activity.
I.
Conditions for all signs in R Districts.
(1)
No signs erected subsequent to the enactment of this section shall have characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes or use reflective or fluorescent paint or material.
(2)
All signs permitted pursuant to this section shall have lettering only on one side and shall be attached to the premises or shall be displayed on a stationary rod or post. No sign shall be attached to a tree or bush. No sign shall be placed so as to obstruct a clear view of a street from any intersecting street.
J.
Appeals. Any person seeking review of the action of the Village Clerk may appeal to the Board of Trustees of the Village. The Board of Trustees may modify or waive the requirements of this chapter only upon a showing that to do so would not be detrimental to the neighborhood or to the residents thereof.
K.
Penalties for offenses. For each and every failure to comply with the provisions of this section, the owner of the premises on which the sign is placed and the person or persons who placed or assisted in the placement of the sign on such premises in a manner that is not in compliance with this section shall be guilty of a violation against this section, which violation shall be punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate and distinct additional violation.
L.
Enforcement. It shall be the duty of the Building Official and he is hereby given the power and authority to enforce the provisions of this section, and he may remove any sign not in conformity with this section without notice to the property owner or the owner of the sign.
M.
Severability. If any part or parts of this section are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The Board of Trustees hereby declares that it would have passed the local law enacting this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases might be declared invalid.
§ 200-43 Signs in nonresidential districts.
[Amended 10-16-1989 by L.L. No. 6-1989; 7-16-1992 by L.L. No. 3-1992; 10-7-2004 by L.L. No. 4-2004]
A.
Purpose. The purpose of this section is to provide minimum standards for all signs in nonresidential districts in the Village of Garden City in order to:
(1)
Safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, illumination, electrification and maintenance of all signs and their supports which are located outside a building or structure or within one foot of any glass surface inside a building or structure;
(2)
Further the objectives of the Village Comprehensive Plan;
(3)
Protect the value of property in the Village;
(4)
Facilitate the continuity of an attractive and harmonious community. Pursuant to the provisions of Chapter 57, Architectural Review and Chapter 200, Zoning, of the Village Code, all signs must be reviewed and approved by the Architectural Design Review Board (ADRB). Subsequent to such approval and prior to any installation it is also required that a permit be issued.
B. APPLICANT ALTERATION CORNER BUILDING FLAG, BANNER, PENNANT FREESTANDING SIGN ILLUMINATED SIGN LIGHT BOX SIGN LIGHTED SIGN PROJECTING SIGN REAL ESTATE SIGN SIGN SIGN AREA TEMPORARY SIGN WALL SIGN WINDOW SIGN
Definitions. As used in this section, the following terms shall have the meaning indicated unless the context otherwise indicates:
Any person, firm, partnership, association, corporation, company or organization of any kind making an application for a permit for a sign or signs.
Any change in copy, color, size, shape, position, location, construction or support structure.
A building located at the intersection of two streets with frontage and entrance on each street.
A piece of fabric, cloth, canvas or any similar material any shape, that is attached to a pole, wire or wall.
A ground sign, post sign or pole sign which is supported by one or more uprights, a pedestal or base placed in or upon the ground.
A sign which has a source of light located on the surface of the sign or in the interior body of the sign.
A rectangular illuminated sign with a changeable face.
A sign which has a source of light directed upon the exterior surface of the sign.
A double-faced sign which projects from and is affixed to a wall of a building with its display surfaces not parallel to said wall.
A sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent.
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, wail 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.
The entire area within the single continuous perimeter enclosing the outer limits of lettering, script, representation, emblem, logo or any figure or similar character, together with any material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed. The pole(s), standards, supports or structures which support any sign shall not be included in determining the sign area unless such supporting method is designed in such a manner so as to form an integral part of the display. When a sign has two or more faces, the areas of all faces shall be the total area of the sign.
A sign which is erected for a limited period of time.
A sign which is affixed to an exterior wall of any building or structure with the display surface of the sign parallel to said wall.
A sign which is either temporarily or permanently attached or affixed to the surface of a display window and is used for advertisements, announcements, notices or directional matters related to the business conducted therein.
C.
Submission requirements. Eight copies of an application with accompanying drawings and documents, folded and collated into sets no larger than 10 inches by 15 inches, are required to be submitted and shall contain, at a minimum, the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address, telephone number and written consent of the property and/or building owner.
(3)
A description of the proposed installation(s).
(4)
A plot plan and/or survey indicating the location of the subject building or structure.
(5)
Scaled and dimensioned drawings and/or photographs of the subject building or property and all adjacent buildings or properties within 75 feet on either side.
(6)
Scaled elevation drawings of the subject building with the proposed sign indicated and containing all pertinent dimensions such as total width of building or storefront, height above grade, horizontal location of sign(s), overall height and length of sign(s) and distance to adjacent doors and windows.
(7)
Drawings and specifications of individual sign(s) of sufficient scale to depict every detail of the proposed sign(s), including overall height and length, letter type and size, materials, colors, total weight, support and anchorage method, illumination and/or electrification. Material samples to be presented at ADRB meeting for review and approval.
(8)
Location and specifications of proposed illumination, including fixture catalog cuts and intensity levels.
D.
To avoid delays in the final review and approval process, it is recommended that applicants first apply for a preliminary conference, especially with regard to projecting signs or awnings. A preliminary conference may be held with the ADRB and the applicant prior to the preparation and submission of a final design submission. The purpose of such a conference is to enable the applicant to inform the ADRB of his/her proposal prior to the preparation of a detailed design submission and to provide the ADRB with an opportunity to review the basic design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required in the final submission to the ADRB for approval. Preliminary conferences with the ADRB are available to all applicants, providing applicants comply with the procedures indicated above.
E.
Regulations.
(1)
General.
(a)
No sign shall be erected, installed or displayed without first obtaining approval from the ADRB and a permit from the Building Department.
(b)
All signs must be designed, supported and secured in accordance with all applicable codes and standards.
(c)
All sign content is limited to the name and/or logo of the establishment.
(d)
All signs are subject to ADRB approval based on aesthetic appearance and relationship to neighboring signs and buildings.
(e)
All signs shall be removed by the tenant or owner and the facade of the building shall be restored no later than 60 days after the premises has been vacated.
(f)
Illuminated signs on the wall of a building or store which faces a street where the property on the opposite side is in a C or I District or those approved by the ADRB as provided in § 57-8C are permitted.
(g)
All window signs or window displays, excluding signs not exceeding two inches in vertical measurement, shall not be placed or maintained on or within one foot of any adjoining exterior glass surface and shall only be illuminated indirectly.
(h)
Signs equipped or displayed with moving, flashing or intermittent illumination are prohibited.
(i)
Signs or window displays placed or illuminated so as to be hazardous to traffic or disturbing or annoying to the occupants of any other building are prohibited.
(j)
Exposed neon tubing is prohibited.
(k)
Signs with exposed raceways are prohibited.
(l)
Internally illuminated wall-mounted or projecting light box signs with translucent faces are prohibited.
(m)
No sign shall be erected in such a manner so as to confuse or obstruct the visibility or interpretation of any official traffic sign, signal, marking or device.
(2)
Wall signs.
(a)
The maximum overall dimensions or maximum area of each exterior sign displayed or painted on or applied or attached to the wall of a building, including doors and windows, facing on a public street, shall not project more than one foot from the wall surface nor exceed the following:
[1]
On a building, including doors and windows, having a street frontage of 25 feet or less: a vertical measurement of two feet and a horizontal measurement of 80% of the street frontage of such building, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be revised and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 40 square feet.
[2]
On a building, including doors and windows, having a street frontage of more than 25 feet and not more than 75 feet: a vertical measurement of two feet and a horizontal measurement of 20 feet, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be revised and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 40 square feet or two feet multiplied by 70% of the street frontage of such building, whichever is the greater.
[3]
On a building, including doors and windows, having street frontage in excess of 75 feet: a vertical measurement of two feet and a horizontal measurement of 20 feet, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be varied and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 110 square feet or two feet multiplied by 50% of the street frontage of such building, whichever is greater.
[4]
On the rear or side wall of any building on a plot abutting on a parking field or another street, there may be one additional exterior sign with a maximum horizontal measurement which shall not exceed 10 feet or 40% of the width of such wall of the building and with a maximum vertical measurement which shall not exceed two feet, provided that no such sign shall be placed so that any part thereof extends more than 15 feet above curb level. As provided in § 57-8C, the ADRB, however, may permit these dimensions to be increased, but in no ease shall the area of the sign exceed 50% of the total permissible area for an exterior sign on the front of said building.
(3)
Freestanding signs.
(a)
In lieu of a wall sign one ground sign per building may be erected subject to the approval of the ADRB.
(b)
Ground signs may not exceed 12 square feet in area or six feet in height above ground level.
(c)
The content of a ground sign is limited to the building address and the name of the building or the name of one of its occupants.
(d)
Ground signs may only be illuminated by concealed light sources.
(4)
Projecting signs.
(a)
In lieu of a wall sign or a ground sign and subject to the approval of the ADRB, a projecting sign may be erected.
(b)
The size of a projecting sign shall not exceed six square feet. The maximum height shall be three feet and maximum width shall be three feet.
(c)
The minimum height from ground level to the bottom of the sign shall be not less than nine feet, and the sign shall not project more than four feet from the building.
(d)
No projecting sign shall extend above the roofline or the parapet wall.
(e)
Projecting signs may be illuminated or lighted, provided that the light source is not visible and electrical wiring is concealed or as otherwise approved by the ADRB.
(f)
All projecting signs shall be double-faced.
(g)
The content of a projecting sign shall be limited to the name and/or logo of the establishment.
(h)
Projecting sign supports and bracket design are to comply with all applicable codes and standards.
(6)
Temporary signs.
(a)
For sale, lease or rent signs. One sign, which shall not exceed four square feet in area or be more than six feet in height above ground level, may be displayed, applied or attached to any exterior wall of a building, including doors and windows, facing on a public street, when used for advertising the sale, leasing or rental of the premises, or part thereof, upon which it is erected and containing no more than a description of the available space and the name, address and telephone number of the owner, broker or other person making the offering. Said sign shall be removed within 10 days of full occupancy or sale of premises.
(b)
Pre-permanent signs. A temporary sign conforming to all sign regulations may be installed prior to the erection of a permanent sign when approved by the ADRB for a period to be determined by the ADRB.
(7)
Public utility signs. An exterior sign, the area of which shall not exceed one square foot, maybe displayed by a public utility when such sign is necessary or convenient for the direction, information or safety of the public.
(8)
Address signs. Address signs may be installed on or adjacent to entry doors and shall not be less than four inches nor more than eight inches in height.
F.
Nonconforming signs. Any light box sign erected and legally existing at the time of the adopting of this section or any amendment thereof shall be removed not later than three years from the effective date of this section of any amendment thereof.
§ 200-44 Antennas or towers.
[Amended 5-17-1984 by L.L. No. 2-1984]
A.
No parabolic dish or other type of satellite-signal-receiving antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, shall be erected, altered or maintained unless a permit therefor has been authorized by the Board of Appeals as provided in § 200-65F.
B.
No other type of outside radio or television antenna or tower (other than one located on any building in an R-40, R-20, R-12, R-8 or R-6 District, the total height of which, including the building, shall not exceed 40 feet) shall be erected or altered unless a permit therefor has been authorized by the Board of Appeals as provided in § 200-65F.
[Amended 10-16-1989 by L.L. No. 6-1989]
§ 200-45 Swimming pools.
[Amended 3-20-2025 by L.L. No. 2-2025]
A.
Swimming pools covered herein shall be any outdoor pool exceeding two feet in depth.
B.
A swimming pool is permitted as an accessory use subject to the regulations applicable to accessory uses and subject to the additional regulations set forth in this section. For the purpose of computing the building area, the required yards, and the distances from the lines of the lot, the walls or platform along the side of the pool, and the foundation for the purifying apparatus, if any, shall be included.
C.
All swimming pools shall be designed by a licensed engineer or architect and shall be submitted to the Superintendent of the Building Department for approval.
D.
Each pool shall be provided with permanently installed facilities for the complete draining thereof. Such facilities shall include provisions, approved by the Superintendent of the Building Department, for disposing of the entire contents of the pool by means of diffusion wells or otherwise beneath the surface of the ground within not more than 24 consecutive hours. Such facilities shall be entirely separate from the house drains and house sewer. In no case may the contents of the pool be permitted to discharge directly or indirectly into a street or public drain or catch basin or pond or watercourse, or in, upon or under the lands of another person without his written consent, or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
E.
No pool shall be constructed on a plot containing less than 12,000 square feet.
F.
There shall be a distance between the pool and each of the side lot lines in a R-6, R-8 or R-12 District of at least 20 feet, in a R-20 District of at least 25 feet, and in a R-40 District of at least 30 feet.
G.
There shall be a distance between the pool and rear yard lot line in a R-6, R-8 or R-12 District of at least 20 feet, in a R-20 District of at least 25 feet and in a R-40 District of at least 35 feet.
H.
A pool shall be at least 10 feet distant from any habitable structure on the plot in a R-6, R-8 or R-12 District and at least 15 feet from any habitable structure in a R-20 or R-40 District.
I.
A pool shall be constructed only in the rear yard.
J.
All pools shall be fully enclosed by a six-foot-high fence which shall be shrubbed with evergreens to conceal the view of said fence from adjoining properties and from the street. The location, nature and design of the fence shall be approved before installation and shall be located on a landscaping plan approved by the Zoning Board of Appeals and thereafter maintained in good condition, appearance and health as long as the pool shall remain.
K.
Fence gates; openings. Every gate or other opening in the fence surrounding such pool shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such gate or opening securely closed as set forth in the current New York State Uniform Fire Prevention and Building Code. Such gate or opening shall be kept locked at all times the pool is not in actual use.
L.
The pool shall be secured with a cover or other means approved by the Superintendent of the Building Department and designed to protect against entry into the pool at all times when not containing water and not in use.
M.
Every swimming pool shall have swimming pool alarms which comply with requirements set forth in the current New York State Uniform Fire Prevention and Building Code.
N.
Plumbing shall comply with the applicable provisions of the Plumbing Code of the State of New York.
O.
All accessory equipment, including but not limited to purifying equipment, heater, salinization or other mechanical equipment, shall be located in the side yard or any rear yard of any residential property having a setback depth from the adjacent property of not less than the applicable minimum required side yard setback and shall be in a location approved by the Superintendent of the Building Department upon application showing the proposed location of the equipment, approximate distance to the dwelling on adjacent properties, proposed or actual landscape screening.
P.
No underwater or overhead lighting shall be permitted in or about said pool.
Q.
No loudspeaker device, which can be heard beyond the property lines of the premises on which any swimming pool has been installed, may be operated on the premises.
R.
No diving boards, slides or raised platforms will be permitted.
S.
Such pool, when maintained and used or intended to be used for swimming, bathing or wading by adults or children, shall be used solely by the owner, tenant or lessee of the premises upon which the pool is situated and by the owner's family or friends and guests invited to use it without payment of any fee.
T.
Abandonment. Should an owner abandon a pool, he or she shall arrange to remove any depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed and he shall further notify the Village Clerk of the abandonment so that the inspection of the site may be made, and the records of the permit be marked accordingly.
§ 200-45.1 Freestanding basketball backboards.
§ 200-45.2 Awnings.
[Added 10-7-2004 by L.L. No. 4-2004]
A.
No awning, whether fixed or retractable, shall be erected or installed, except in a one-family residential district, unless approved by the Architectural Design Review Board (ADRB) and a permit has been issued.
B.
Submission requirements. The submission requirements for awnings shall be the same as those for signs as provided in § 200-43C.
C.
Regulations.
(1)
The minimum height from ground level to the bottom of an awning shall be not less than seven feet.
(2)
The maximum overall vertical height of an awning shall not exceed four feet and the maximum horizontal projection from the face of the building shall not exceed four feet, unless otherwise approved by the ADRB.
§ 200-45.3 Solar energy systems.
[Added 10-7-2004 by L.L. No. 4-2004; amended 8-15-2024 by L.L. No. 3-2024]
A.
Purpose. To insure that any solar energy system shall be erected or installed so that the system is designed to be aesthetically appropriate for the intended location as determined and approved by the Architectural Design Review Board (ADRB) and a permit has been issued, and that in the judgment of the ADRB the proposed panels are architecturally and aesthetically acceptable and consistent with similar equipment installations in the Village of Garden City.
B. ABUTTING STREET(S) INTEGRATED PRIMARY EQUIPMENT NON-INTEGRATED PRIMARY EQUIPMENT PRIMARY EQUIPMENT SECONDARY EQUIPMENT
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context otherwise indicates:
Street that shares a boundary with the subject property; or in the case of a corner property that shares a boundary with more than one street.
Any part of a solar energy system that is built into a structure and blends aesthetically and functionally into that structure including but not limited to: integrated solar roof tiles, solar slates, or solar shingles.
Any part of a solar energy system that is not built into a structure and does not blend aesthetically and functionally into that structure including but not limited to solar panels.
Any photovoltaic cell(s), water panel(s), or other devices that convert, absorb, or transform solar energy.
Any supply lines, return lines, control valves, wiring, meters, switches, modules, inverters, or other devices and cabinets associated with the installation or function of a solar energy system.
C.
Regulations.
(1)
General. All solar energy systems shall be designed, erected and installed in accordance with all applicable codes and standards.
(2)
As much as possible, all panels, tiles, or slates are to match the color of the roof or wall to which they are attached.
(3)
On buildings or accessory structures with flat roofs where tilted frames are used, such equipment shall not be visible from abutting streets. If necessary, the equipment shall be screened with appropriate material as approved by the ADRB.
(5)
All secondary equipment associated with any solar energy system installation shall not be exposed on the outside of any structure unless required by applicable codes and standards.
(6)
Integrated equipment may be mounted on any roof if, in the judgment of the ADRB, the equipment resembles, integrates, and blends seamlessly with the overall aesthetics and architecture of the structure and conforms to all the other requirements related to solar panels contained in this section of the Code.
(7)
Non-integrated equipment added to an existing structure shall be installed parallel to and directly against the existing sloping roof and shall be located in an area of the roof that is not visible from an abutting street. Individual modules must, to the extent possible, be arranged as a single integrated unit located on the roof and centered on the roof section, substantially covering the entire roof (allowing for necessary areas to provide walkways and other necessary access areas) so as to provide a single, consistent and unified look to the roof. This includes the panel frames and other visible hardware on or adjacent to the panels. In the event that the panels do not substantially cover the entire section of the roof, they must be located on that part of the roof that is not visible from the abutting street(s), assuming compliance with other provisions of this section.
D.
Building permit submission requirements.
(1)
All solar panel applications must first be submitted to the Building Department for a preliminary review demonstrating compliance with the requirements specified herein.
(2)
All applications must include color photographs of the subject property to illustrate the location and visibility of roof surfaces from the street. Photographs must be taken from five points along the centerline of the abutting street (or streets for corner properties). Points shall be equally spaced between lines drawn at a 45° angle from both sides of the intersection of the centerline of the property with the front elevation of the structure. Photo locations are identified as "A" through "E" on Figures X and Y; Figure X illustrates a structure located mid-block (facing one street) and Figure Y illustrates a structure located on a corner.
 FIGURE X - Mid-block |
 FIGURE Y - Corner Property |
§ 200-45.4 Backup generators.
[Added 12-1-2016 by L.L. No. 12-2016]
A.
Definitions. For purposes of this section, a "permanent backup generator" is a stationary, outdoor machine designed to provide a temporary source of electricity for a structure or building when electricity from an off-site utility provider has been disrupted. A "portable backup generator" is an outdoor machine which is designed to provide a temporary source of electricity for a structure or building when electricity from an off-site utility provider has been disrupted, and which is manually transported by the use of attached wheels or a hand truck, dolly or similar handcart.
B.
C.
Siting and installation of a permanent backup generators must comply with the following standards:
(1)
A permit shall be required for the installation of a permanent backup generator. Applications for the permit shall be made to the Building Department on a form provided by the Village together with all applicable fees.
(2)
To the extent practicable, as determined by the Building Superintendent, permanent backup generators shall be collocated with existing or proposed outdoor mechanical equipment, such as air conditioning units.
(3)
Permanent backup generators shall be placed as close to a building as possible taking into account any applicable building or fire safety standards and manufacturer recommendations.
(4)
Permanent backup generators shall be adequately screened and maintained (with landscape or other appropriate material as approved by the Building Department) so as to minimize the visual impact on adjacent properties and any public right-of-way. The Building Department shall consider the placement of permanent backup generators taking into account the existing use, or planned use, of screening of the yard in its totality. The visual impact of a generator shall be based on the view at ground level from adjoining properties. The Building Superintendent is authorized, but not required, to refer screening applications to the ADRB for review and approval if, in his/her sole discretion, the approval of the ADRB should be sought to opine on the adequacy or appropriateness of screening based on the size and location of the proposed generator. The adequacy of screening shall take into account the location of the permanent standby backup generator and the overall screening and landscaping present on the property.
(5)
Permanent backup generators shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes. Exercise or testing of permanent backup generators shall only take place between 9:00 a.m. and 5:00 p.m., Monday through Friday, not to exceed once a week for a maximum of 30 minutes, excluding emergency repairs.
(6)
Permanent backup generators shall operate on liquid propane or natural gas only; other fuel sources are prohibited.
(7)
Applicants seeking approval for installation of a permanent backup generator must obtain any other permits required under federal, state or local law.
D.
Any permanent backup generator for which a Village permit was issued prior to the effective date of this section shall be exempt from complying with the siting provisions herein. Permanent backup generators for which a Village permit was previously issued may be replaced in the same exact location, provided the replacement generator complies with all other provisions of this section.
E.
Portable backup generators shall be exempt from the requirements of this section, except that:
(1)
Portable backup generators shall be used outdoors and only during electrical power outages and as required by the manufacturer for maintenance purposes.
(2)
Exercise or testing of portable backup generators shall only take place during daylight hours between 9:00 a.m. and 5:00 p.m., Monday through Friday, not to exceed once a week for a maximum of 30 minutes, excluding emergency repairs.
(3)
Portable backup generators may not be stored outdoors.
(4)
When in use, portable backup generators may only be placed in the rear yard or rear half of the side yard of the property on which they are being used.
(5)
Portable backup generators shall not be operated less than 10 feet from the nearest property line.
F.
A violation of this chapter shall constitute a violation punishable by a fine of not less than $500 and not more than $1,500. Each day a violation persists after the date of issuance of the first summons shall constitute a separate violation of this chapter. This chapter shall be administered and enforced by the Village Building Department, and summonses for violations may be issued by the Building Department or Garden City Police Department.
§ 200-45.5 Transient dwelling units.
[Added 5-18-2023 by L.L. No. 1-2023]
A.
Transient dwelling unit: an entire dwelling unit, or a room or group of rooms within a dwelling unit, made available to rent, lease, or otherwise assigned for an occupancy of less than 30 consecutive days to one or more persons who are not the owner, or a family member of the owner of such dwelling unit. The term "transient dwelling unit" shall include both owner-occupied and non-owner-occupied dwelling units, and shall not include: (i) any lawfully permitted dormitories; (ii) any lawfully permitted hotel or motel rooms, bed-and-breakfast inns or lodging houses, or business establishment operating exclusively for and catering to transient clientele (that is, persons who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies, and other activities that are customary to a commercial hotel/motel business); and (iii) any lawfully operating medical, health care, nursing home, assisted living, or other similar facility.
B.
Presumption of use. There shall be a presumption that a property or dwelling unit is a "transient dwelling unit" if the following is found to exist:
(1)
The property or dwelling unit is advertised or offered on any medium, including Airbnb, Home Away, VRBO, or similar short-term rental website, as being available for occupancy for a period of less than 30 days.
(2)
The foregoing presumption may be rebutted by documentary or other evidence presented and satisfactory to the Superintendent of Buildings that the property or dwelling unit is not a "transient dwelling unit." In all such cases, the burden of proof to establish that a property or dwelling unit is not a "transient dwelling unit" shall be upon the owner or occupant of the property. Any property aggrieved by a determination of the Superintendent of Buildings in this regard may appeal such determination to the Board of Appeals.
C.
Applicability to owners. For the purposes of defining a "transient dwelling unit," the term "owner" shall mean and include any individual or individuals, partnership or corporation or other organization in possession of and having a fee interest in the real property where a dwelling unit is located. The term “owner” also shall include a corporation, limited-liability company, partnership, association, trustee or other business entity or nonbusiness forms of ownership.
D.
Transient dwelling units prohibited. No dwelling unit, whether single-family, multi-dwelling, or mixed residential use, shall be used or occupied as a transient dwelling unit. No permit shall be issued for the use of any property within the Village as a transient dwelling unit.
E.
Application for search warrant. The Superintendent of Buildings, or such Superintendent’s designated representative, is authorized to make an application to the Village Court or any court with appropriate jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises which is subject to this section, where the owner or occupant of such premises refuses or fails to permit an inspection of such premises and where there is reasonable cause to believe that a violation of this section has occurred. Such application for a search warrant shall in all respects be made in conformance with, and shall comply with, the applicable laws of the State of New York and the United States.
F.
Warrantless inspections and searches prohibited. Nothing in this section shall be deemed to authorize the Superintendent of Buildings, or the authorized representative of such Superintendent, to conduct an inspection or search of any premises pursuant to this section without the consent of the owner or occupant of the premises or without a warrant duly issued by an appropriate court, except where such inspection or search may be permitted by law. Nothing in this section shall be deemed to limit the authority of the Superintendent of Buildings or the authorized representative of such Superintendent, to conduct a search without a warrant where such search is authorized by law.
G.
Civil action. Village Counsel is authorized to institute a civil litigation to obtain and enforce any available remedy, including injunctive relief, in the event of any violation of this section. In any such litigation, the court may award the Village its reasonable attorneys’ fees and expenses of such litigation.