No dwelling or tenement house shall hereafter be erected or altered to accommodate or make provisions for more families than the number indicated in the Schedule Limiting Height and Bulk of Buildings, in § 195-23 herein, for the zone in which such dwelling or tenement house is located, or otherwise than provided under the terms and provisions of this subsection. In a residence zone, no dwelling:

In no event shall the length of any lot boundary line, regardless of type or style of dwelling, which is in excess of 100 feet as measured from the intersection of such lot line with the street line of the street fronting such premises on the narrower street to the intersection of such lot line with the rear lot line of the premises, be utilized in computing plot area under this section with reference to the requirements of Subsection A hereinabove.

Every residential building lot, regardless of type or style of dwelling proposed to be erected thereon, and regardless of the minimum lot area required under this section, shall, upon construction of such structure, and prior to the issuance of a certificate of completion and a certificate of occupancy therefor, be provided with a paved driveway, for purposes of off-street parking of private passenger vehicles, such driveway to be located in the wider of the mandatory minimum side yards required under this chapter, and to have a minimum usable and finished surface of at least 75 feet in length, as measured from the front lot line of the premises to the end of such driveway.

For purposes of this chapter, a "high-ranch-style home or dwelling" is hereby defined to mean and include any dwelling structure constructed with the whole of such structure on a concrete or other gradient slab, and having an attached garage.

The limitations imposed herein shall in no event prohibit the erection of a one-family dwelling, other than a high-ranch style, on any plot in single and separate ownership at the time of the adoption of this chapter (i.e., March 3, 1928) and containing at the time of such adoption an area less than that required for a one-family dwelling other than a high-ranch -style home as provided hereinabove.

Each person 12 years of age and older shall be counted as one person, children more than one year old but less than 12 years old shall be deemed to be 1/2 person, and infants up to one year old shall not be counted. The floor area shall be based upon the habitable floor area contained within the living unit, exclusive of utility and storage rooms, halls, closets, porches and connecting spaces. Any area in a habitable room which has a ceiling height of less than five feet shall not be counted or included in the computation of the space.

Every dwelling unit, as that term is defined in Section 2(n) of the New Hyde Park Housing and Rehabilitation Code, shall have at least 120 square feet of habitable floor area for the first occupant, plus 70 square feet of habitable floor area for each additional occupant. Each dwelling unit shall contain one habitable room with at least 120 square feet of floor area and a minimum horizontal dimension of eight feet. Any additional habitable rooms shall have a minimum floor area of 70 square feet and a minimum horizontal dimension of seven feet.

At least 1/2 of the floor space of any habitable room must have an average ceiling height of at least seven feet six inches. Portions of floor spaces having ceiling heights less than five feet shall not be counted.

Habitable floor area hereunder shall not include any floor area in a cellar, as that term is defined in Section 2(f) of the New Hyde Park Housing and Rehabilitation Code. That area in a basement, as that term is defined in Section 2(h) of the New Hyde Park Housing and Rehabilitation Code, may not be included in computing habitable floor area unless the finished floor surface therein is not more than four feet below grade; and the ceiling therein is not less than four feet above grade; and the floors and walls therein are water- and dampproofed in accordance with an approved method, if in contact with the earth, with said waterproofing located between the floor therein or between the wall finished therein and the ground.

Subject to, and not in limitation of, both the foregoing provisions of this section and all other provisions of this chapter, no single-family dwelling shall hereafter be erected or reconstructed anywhere in the Village unless it shall contain a total habitable floor area of at least 750 square feet, and no two-family dwelling shall hereafter be erected or reconstructed, and no one-family dwelling shall hereafter be converted into use as a two-family dwelling, whether as of right or pursuant to a variance, unless it shall contain a total habitable floor area of at least 750 square feet for each separate family.

One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable, permanent and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common;

Any such number of persons shall not be deemed to constitute a family if any one of such persons may not have lawful access to all parts of the separate building or dwelling unit; or if any one or more of such persons lease or rent any separate portion of such separate building or dwelling unit from any other person; or if residency is temporary or transitional, either as part of an educational, medical, rehabilitation or treatment process, or otherwise;

It shall be presumed that a separate building or dwelling unit is occupied by more than one family if any two or more of the following features may be found to exist by the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter): more than one mailbox, mail slot or post office address; more than one doorbell or doorway on the same side of the separate building or dwelling unit; more than one electric meter; more than one gas meter; more than one connecting line for cable television; separate entrances for segregated portions of the separate building or dwelling unit; partitions or locked doors barring access between segregated portions of the separate building or dwelling unit including bedrooms; separate written or oral leases or rental agreements or the payment of rent for portions of the separate building or dwelling unit among its owner or residents; or two or more kitchens, each of which contain a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter) by the owner or resident of the separate building or dwelling unit that is occupied by one family (all as defined in this section). The presumption provided for in this subsection shall be rebuttable. Such presumption shall not preclude the Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) from making a determination that the separate building or dwelling unit is not occupied by one family, based on other facts whether or not listed in this subsection.

The Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) shall make the primary determination as to the application of this definition of family for the purposes of compliance with any provisions of this Zoning Law and any other applicable rule, regulation, code or law, based upon an inspection of the premises, any information received from the residents thereof or any other persons or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and the determination shall be presumed to be correct and final, subject to review of or appeal to the Board of Zoning Appeals and judicial review as provided by law.

In the R Zones (Residential Districts) of the Village, the building coverage on a particular building plot or parcel shall in no event exceed 35% of the total lot area of that plot or parcel.

In the R Zones (Residential Districts) of the Village, the floor area ratio (F.A.R.) requirements applicable to a particular building plot or parcel shall be as set forth and prescribed under the following schedule; provided, however, that in no case shall the F.A.R. be interpreted and applied so as to require a dwelling to be constructed with less gross floor area than the maximum gross floor area permitted on any smaller lot under such schedule: