Garden City, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-8

Definitions

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Verified 11/10/2026 · Next check 12/10/2026
Garden CityStatutory Standards

Operative Text

Garden City, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-8
A. Word usage. For the purpose of this code, words used in the present tense include the future. The singular number includes the plural, and the plural includes the singular. B. Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated in this section. Where terms are not defined in this section, they shall have their ordinarily accepted meanings or such as the context may imply. ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such "accessory uses" may include, among others, the following: (1) Offices for the building management. (2) Recreation and play rooms. (3) Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building. (4) Maintenance and work shops, storage rooms for bedding, furniture, supplies and tenants' equipment and effects. (5) Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. APPROVED Approved by the administrative officer under the regulations of this chapter, or approved by an authority designated by law or this chapter. BASEMENT A story partly underground but having at least 1/2 its height, measured from finished floor to finished ceiling, above the ground level. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room." CELLAR A story having more than 1/2 its height, measured from finished floor to finished ceiling, below the ground level. DORMITORY A building arranged for sleeping purposes and having common toilet and bathroom facilities. DWELLING, ONE-FAMILY A detached building containing one dwelling unit only. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT A building or portion thereof designed for occupancy by and containing housekeeping facilities for one family only. EXIT A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY (1) One of the following: (a) A group of people related by blood, marriage or legal adoption, living together in a dwelling unit, constituting a natural family; or (b) No more than three (3) unrelated persons living together in a dwelling unit; or (c) Four (4) or more persons living together in a dwelling unit who are not related by blood, marriage or legal adoption, who have overcome a presumption that they do not constitute a family by a determination that they are the functional equivalent of a natural family. (2) In determining whether a group of individuals is living together as the functional equivalent of a natural family, the following criteria must be present: (a) The group is one which in appearance, structure and function resembles a natural family. (b) The group must share the entire dwelling unit, including the cooking facilities, as a single housekeeping unit, use all rooms and housekeeping facilities in common and have access to all parts of the dwelling unit. (c) The group is permanent and stable. Evidence of such permanency and stability may include: [1] The presence of minor dependant children regularly residing in the household who are enrolled in local schools; [2] Members of the group have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes; [3] Members of the group are employed in the area; and [4] The group has been living together in the current dwelling unit, or elsewhere, for a continuous period of one year or more. (d) Any other factors which may be determinative of whether or not the group is the functional equivalent of a natural family. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space" and "public space." INFESTATION The presence, within or contiguous to the premises, of insects, rodents, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, used for cooking or preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLING A building containing three or more dwelling units. MUNICIPALITY The Village of Garden City, New York. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit." PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, including but not limited to passageways, stairways, lobbies and lounges. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. STRUCTURE Any combination of materials forming any construction and including, among other things, heating or air-conditioning units, stadiums, tents, trailers (whether movable or stationary), reviewing stands, platforms, unenclosed porches, stagings, observation towers, radio and television towers and antennas, gasoline pumps, water tanks, standpipes, outdoor bins, outdoor pools, walls, fences, trellises, pergolas, gates and gateposts and signs. The word "structure" shall be construed as though followed by the words "or part thereof." TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See definition of "bathroom." VENTILATION Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. C. Any term not defined herein but defined in the Village Building Code shall be construed for the purpose of this chapter as so defined.
Source: Legislative text reproduced verbatim
Plain English

Section 127-8 of Garden City, N.Y., Code of Ordinances Chapter 127 establishes the foundational vocabulary used throughout the Village's residential housing code. It defines key terms—such as "dwelling unit," "family," "habitable space," "exit," and "accessory use"—that determine how the code's requirements apply to specific buildings, spaces, and occupants. The definitions also clarify interpretive rules, such as that singular terms include the plural, and that any term not defined here but found in the Village Building Code carries that code's meaning.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Chapter 127 should be familiar with the definitions in § 127-8, as these terms directly shape which code requirements apply to their buildings. For example, the distinction between a "basement" and a "cellar," or between a "kitchen" and a "kitchenette," can affect habitability standards and permitted uses within a residential building. Operators generally ensure that their buildings' physical spaces and uses align with these defined categories when seeking approvals or responding to inspections.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in Garden City residential buildings benefit from understanding the definitions in § 127-8, since terms like "dwelling unit," "family," "habitable space," and "exit" establish the baseline standards that housing in the Village must meet. For instance, the definition of "family" includes not only blood relatives but also certain groups of unrelated individuals who function as a household, which can be relevant to occupancy rights. Tenants who believe a condition in their home may fall short of the standards tied to these definitions can consult a tenant-rights organization or contact the Village's administrative officer for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

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