Unless otherwise expressly stated, the following words shall, for the purpose of this ordinance, have the meanings herein indicated:

ACCESSORY BUILDING - A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

ACRE OR LOT - As applicable to this ordinance, shall refer to the land exclusive of the street areas.

AGRICULTURE - Includes the cultivation of the soil for food products or other useful or valuable growths of the field or garden, tillage or husbandry; but shall not include dairying or raising of livestock, fowl or birds where the same is carried on as a business or gainful operation.

ARCADE - A continuous area, open to a street, to a covered plaza or to a pedestrian mall/plaza, which is open and unobstructed to a height of not less than 15 feet and is accessible to the public at all times. Planting, landscaping, ornamental fountains, statuary, street furniture, kiosks, works of art, light wells and other features may be permitted in a portion of pedestrian space but not in such a manner as to impede pedestrian movement. [Effective 4-29-1989]

ATRIUM - A vertical opening penetrating through one or more floors to create an open effect within a building. [Effective 4-29-1989]

BOATEL - A motel the primary purpose of which is to provide and which does provide temporary occupancy on a daily rental basis to persons traveling by boat, rather than by automobile, and which does provide mooring space without charge for the boats of those occupying the units, rather than parking space for automobiles.

BUILDING AREA - The aggregate of the maximum horizontal cross sections of the buildings on a lot.

BUILDING DEPARTMENT - The Building Department of the Town of Hempstead or any agent or officer of such Department entrusted with the regulation, control and supervision of all matters pertaining to buildings and structures of any nature and their appurtenances and zoning in the Town of Hempstead.

BUILDING INSPECTOR - The Building Inspector of the Town of Hempstead, or any person appointed to act as such for the purpose of this ordinance by the Town Board.

CALIPER [Effective 10-18-1987] - The measurement of the diameter of the tree taken at a specific point above ground level or as near that point as possible.

A. Transplantable trees having less than four-inch "calipers" shall be measured six inches above the ground.

B. Transplantable trees having four- to twelve-inch "calipers" shall be measured 12 inches above the ground.

C. Nontransplantable trees having "calipers" of 12 inches or more shall be measured 4 1/2 feet above the ground.

CAMP COTTAGE - Any building, of whatever material constructed, designed or equipped to be used, or used, for living, sleeping or eating only by transient or seasonal occupants.

COMMERCIAL KENNEL - A kennel located on or in a premises where dogs are harbored or kept and which is used for the business of boarding, breeding or raising dogs for profit. For the purpose of this ordinance, a "commercial kennel" shall not include a hobby breeder or noncommercial kennel as defined in this article. [Effective 9-9-1990; 1-2-1994]

COVERED PLAZA - An enclosed space, directly accessible to the public from an adjoining street, arcade, pedestrian mall/plaza or other covered plaza, which is open and unobstructed to a minimum height of 15 feet. [Effective 4-29-1989]

DEPARTMENT OF HEALTH - The Department of Health of the County of Nassau, and any other Health Board or Department established pursuant to the Laws of the State of New York and entrusted with the regulation, control and supervision of matters pertaining to and affecting the public health of the Town of Hempstead.

DEPARTMENT OF POLICE - The Department of Police of the County of Nassau.

DEPTH OF A LOT - The mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

DISH-TYPE RECEIVING ANTENNA OR DISH-TYPE SATELLITE SIGNAL RECEIVING ANTENNA - An electromagnetic device which can convert an electromagnetic wave transmitted from a satellite into either visual or audible signals, or both, for television viewing. [Effective 12-16-1983]

EFFECTIVE DATE OF THIS ORDINANCE - Whenever reference is made in terms or substance to the "effective date of this ordinance," it shall mean January 20, 1930.

EXPLOSIVES - Does not refer to or include, and shall not be deemed to refer to or include, gasoline, petroleum, shale oil or the liquid products thereof, or coal tar, or any other flammable liquids.

FAMILY - A family consists of one or more persons, whether or not related to each other by blood, marriage or adoption, all of whom live and cohabit together as a single, stable and bona fide housekeeping unit, provided that such persons together occupy and own, lease or rent the whole of the building or dwelling unit (and, if such exists, a separate accessory 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 principal building or separate building or dwelling unit or if any one or more of such persons lease or rent any portion of such principal building and/or separate accessorial building or dwelling unit from any other person. [Effective 6-28-1974; 3-29-2003]

FENCE - May consist of either woven wire, woven wood, picket, board or a cultivated or natural growth of shrubs or trees. [Effective 3-28-1975]

FLOOR AREA [Effective 4-29-1989] - The sum, in square feet, of the areas of all floors of a building or buildings, measured horizontally in a plane to the exterior faces of perimeter walls or from the center line of walls separating buildings. Included are the areas of cellars, basements, interior balconies and mezzanines, enclosed porches, partitions, columns, stairwells, elevator shafts, duct shafts, elevator rooms, pipe spaces, mechanical penthouses and the floor area of accessory buildings and structures. Mechanical rooms, pipe spaces, spaces having a headroom of less than six feet, balconies projecting beyond exterior walls, covered terraces, covered walkways, covered porches and similar spaces shall have their measured floor area multiplied by 0.50 when calculating total "floor area." Exemptions from "floor area" shall be as follows:

A. The floor area of a cellar and/or basement and/or grade level and/or first story above grade level of buildings and structures shall be excluded from the calculation of "floor area," provided that the floor area of such cellar and/or basement and/or grade level and/or first story above grade level of buildings and structures is used exclusively for off-street parking facilities. [Effective 6-8-2012]

B. The floor area of an arcade, covered plaza or atrium shall be excluded from the calculation of "floor area," provided that the floor area of such space is not used for any purpose other than pedestrian traffic.

C. The floor area of a pedestrian mall/plaza shall be excluded from the calculation of "floor area."

FLOOR AREA RATIO - The ratio of the floor area of a building or buildings in square feet to the lot area of the building site in square feet. For purposes of a special exception under Article XXVII, "floor area ratio" shall be considered a use. [Effective 8-5-1989]

FRONT YARD - The required open space extending along the street line of any street on which the lot abuts.

GROUND OR FIRST STORY - The lowest story entirely above the level of the ground in front of the building.

HEIGHT OF BUILDING - The height of a building shall be equal to or less than the vertical distance measured from the mean level of the established center-line grade of the street adjacent to the building plot to (a) the highest level of a flat or mansard roof, or to the peak of a pitched, gable, hip or gambrel roof, and (b) in the GA, CA, and CR Districts, to the highest level of a flat or mansard roof, or to the average height of a pitched, gable, hip or gambrel roof. In the case of single-family or two-family detached dwellings, this height limitation shall be inclusive of bulkheads, penthouses and similar constructions enclosing equipment or stairs. In the case of all other buildings, the height limitation shall be inclusive of bulkheads, penthouses and similar constructions enclosing equipment or stairs, unless they are less than 12 feet in height, as measured from the roof upon which they are located, and do not occupy more than 30% of the area of the roof. [Effective 1-30-1970; 7-7-2007]

HOBBY BREEDER - A person who harbors or keeps dogs in or on a premises for hobby and nonbusiness purposes, including and limited to breeding, hunting, practice tracking, exhibiting dogs in dog shows, for field or obedience trails or training dogs for police, emergency or rescue work. [Effective 1-2-1994]

HOTEL - A building, the primary purpose of which is to provide and which does primarily provide sleeping accommodations for transient occupancy in units having no cooking facilities which may be rented on a daily basis, which has 10 or more such units, which has one or more common entrances to serve all such units, which has twenty-four-hour desk service and which provides, in addition, one or more of the following services: maid, telephone, bellboy or linens.

IMMEDIATE FAMILY RESIDENCE - A one family dwelling constructed or altered to include a second separate dwelling unit with a second kitchen, in which one unit is used as the permanent residence of the fee owner of the dwelling (and his or her family, if any) and the other unit is used as the permanent residence of a sibling of said fee owner (and such sibling's family, if any). All residents of each separate unit must live and cook together as a single family, with no roomers, and no bedroom doors that lock from the outside. An immediate family residence shall be permitted at such places, and subject to such fees, procedures, terms and conditions, as are applicable to approval, renewal and maintenance of a mother-daughter residence under the provisions of this Building Zone Ordinance Any reference to the term "mother-daughter residence" in the ensuing articles of the Building Zone Ordinance shall be understood to also constitute a reference to an immediate family residence. [Effective 4-21-2009]

KITCHEN - Every space containing a minimum of 60 square feet which is intended, arranged or designed for the preparation or the cooking or warming of food; or containing an integrated cooking, warming and/or food preparation facility. The term "integrated" shall mean any combination of sink, refrigerator, range or oven. [Effective 10-16-1987]

LOT AREA - The area of a lot on which a building and its accessories are located, provided that the area shall be measured to the street line only.

LOT REAPPORTIONMENT [Effective 10-18-1987]

A. A change in a subdivision map filed in the Nassau County Clerk's office which alters the size of any lot shown thereon and creates an additional lot or lots: or

B. Any subdivision of property requiring a waiver of the filing requirements of § 334-a of the Real Property Law.

MINOR GARAGE - A building, not a private garage, one story in height, used for the storage of noncommercial automobiles and not used for making repairs thereto.

MOTEL - A building or a group of buildings under common management, each of which contains one or more sleeping units, each with a separate entrance from the outside, the primary purpose of which is to provide and which does provide transient occupancy on a daily rental basis to persons traveling by automobile, which has 10 or more such units, which does provide parking space without charge for the occupants' automobiles at or in the immediate vicinity of such units and which shall not provide cooking facilities in any individual unit. [Effective 3-9-2004]

MOTHER-DAUGHTER RESIDENCE - A one-family home or residence constructed or altered to include a second kitchen for the sole use by the children or parents of the fee resident owner of said one family home or residence. [Effective 12-24-1973]

MULTIPLE-FAMILY DWELLING - A building, not a single-family dwelling or a two-family dwelling, designed for and occupied exclusively for dwelling purposes

NONCOMMERCIAL KENNEL - A kennel located in or on a premises where dogs are harbored or kept and which is used for hobby and nonbusiness purposes, including and limited to breeding, hunting, practice tracking, exhibiting dogs in dog shows, for field or obedience trails or training dogs for police, emergency or rescue work. [Effective 9-9-1990; 1-2-1994]

NONCONFORMING BUILDING OR USE - One that does not conform to the regulations of the district in which it is situated.

ONE-FAMILY DWELLING - A housing unit, containing a single kitchen, in which members of a family all live and cook together as a single housekeeping unit. [Effective 10-16-1987]

OPEN FENCE - One where there are open spaces of a least the same size as and between each of the pickets, slats or other material used in its construction.

PEDESTRIAN MALL/PLAZA - An open space, unobstructed from its lowest level to the sky and accessible to the public from an adjoining street, arcade or covered plaza. A "pedestrian mall/plaza" may include the following: flagpoles, open terraces, steps, ornamental fountains or statuary, benches, parapets, not exceeding three feet in height, railings or screen walls not less than fifty-percent open, planting beds, shrubs, trees, caf, or street furniture, kiosks or recreational facilities. [Effective 4-29-1989]

PREMISES - Includes the land and all buildings and structures thereon.

PRIVATE GARAGE - A building used for the storage of not more than three noncommercial automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.

PUBLIC GARAGE - Any garage, other than a minor garage, which is used for the storage, repair, rental, greasing, washing, servicing, painting and adjusting of motor vehicles or the equivalent thereof. This classification shall include, but shall not be limited to, body repair shops, car wash shops, car paint shops, muffler replacement shops and tire replacement shops. [Effective 8-4-1975]

REAR YARD - The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.

SANATORIUM - Shall not include an institution required to be licensed under the Mental Hygiene Law of the State of New York.

SATELLITE - A communication apparatus in earth orbit which receives and transmits video and audio signals. [Effective 12-16-1983]

SENIOR CITIZEN; SENIOR CITIZEN HOUSING - The term "senior citizen" shall mean a person who has reached the age of 62 years, and the term "senior citizen housing" shall mean housing in which the occupant of a housing unit, or the year round live in spouse of such occupant, has reached the age of 62 years. These definitions shall be inapplicable to a "senior citizen congregate care facility" defined in Article VIII of this Ordinance or any Golden Age Residence District (GA) housing or other senior citizen housing heretofore approved by the Town of Hempstead, but shall apply to all Golden Age or other senior citizen housing that may hereafter be authorized by the Town of Hempstead. [Effective 6-11-2006]

SENIOR RESIDENCE - An owner occupied single-family detached dwelling for which the Department of Buildings has issued a building permit authorizing occupancy of such dwelling by the owner's family and by a second family and installation therein of a second kitchen and/or separate entrance for use by either of such families, provided that the owner or the owner's coresident spouse has reached the age of 62 years. [Effective 8-31-1992]

SIDE YARD - The required open space extending along the side lot line from the front property line to the rear property line.

SIGN - Includes every kind of billboard, signboard and other shape or device or display, arranged, intended, designed or used as an advertisement, announcement or direction, including any text symbols, marks, letters or figures painted on or incorporated in the composition or the exterior surface of a building or structure.

SINGLE-FAMILY DWELLING - A building, designed for and occupied exclusively as a home or residence for not more than one family, containing a single kitchen, in which members of a family all live and cook together as a single housekeeping unit. Such a building shall not contain separate or segregated internal partitions or locked internal doors barring access between portions of the dwelling, including bedrooms. [Effective 10-27-1988; 3-29-2003]

STREET LINE OR FRONT PROPERTY LINE - The dividing line between the street and a lot.

STRUCTURE - A combination of materials other than a building to form a construction that is safe and stable, and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, poles, stacks, observation towers, radio towers, sheds, coalbins, walls, fences over four feet in height and signs. The term "structure" shall be construed as though followed by the words "or part thereof."

SUBDIVISION - The division of real property into lots, plots, blocks, sites or units, with or without streets, for the purpose of offering the lots, plots, blocks, sites or units for sale to the public. [Effective 10-18-1987]

TELEPHONE EXCHANGE - A building erected or used exclusively as a central station where telephone lines meet and where connections are made between them, and where no trucks or materials are stored.

TOURIST CAMP - Any lot, piece or parcel of ground on which are located or which is offered to the public for the location of two or more tents, tent houses, camp cottages, house cars or trailers designed or equipped to be used for living, sleeping or eating.

TRAILER OR HOUSE CAR - Any vehicle designed or equipped to be used, or used, for living, sleeping or eating and designed to move from place to place on wheels and to be propelled by its own power or drawn or propelled by another vehicle.

TWO-AND-ONE-HALF-STORY BUILDING - One where the main eaves are below the midheight of the third story.

TWO-FAMILY DWELLING - A building designed for and occupied exclusively as a home or residence for two families.

TWO-STORY BUILDING - Any building where an area on the second floor is equal to 75% of the area of the first floor.

UNIT - Any section or plot of ground in a tourist camp upon which is to be located any tent, tent house, camp cottage, house car, or trailer designed or equipped to be used for living, sleeping or eating.

WIDTH OF A LOT - The mean width measured at right angles to its depth.

Words used in the singular number include the plural, and vice versa; and the word "building" includes the word "structure"; "lot" includes the word "plot"; the word "shall" is always mandatory.