Glossary forHempstead (Town Of), Nassau County, NY

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.

LEGAL NONCONFORMING USE - Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and general rules of law then in effect in the Town of Hempstead.

NONCONFORMING USE - Any building or the use of any land or building which does not conform to the provisions of this ordinance for the use district in which it is maintained or any building or structure which does not conform to the Building Code of the Town of Hempstead or to the New York State Building Construction Code.

AFFORDABLE HOUSING UNIT - A dwelling unit that is restricted as to sale or rent to remain affordable to a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 80% of the Nassau County median annual income for its household size [based on the United States census and as updated by the Department of Housing and Urban Development (HUD)], by generally not exceeding 30% of the aggregate gross income of the household. Said housing unit must be the primary residence of the household and shall not be sublet without the consent of the Town Board or its designee. In addition, the net assets of the household at the time prior to purchase or lease may not exceed 50% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. [Added by L.L. No. 54-2011, effective 6-28-2011]

ARCADE - A covered, but not enclosed, pedestrian passageway located on the ground level of a building and attached to the building. [Added by L.L. No. 54-2011, effective 6-28-2011]

ARENA - A building used for the presentation of sports events, performances and spectacles. [Added by L.L. No. 54-2011, effective 6-28-2011]

COMPLETE STREETS - Streets that are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists and transit riders of all ages and abilities can safely move along and across a complete street. Elements found on a complete street include sidewalks, bike lanes (or wide, paved shoulders), special public transit lanes, comfortable and accessible transit stops, frequent street crossing opportunities, median islands, curbside planting strips, accessible pedestrian signals, and curb extensions. [Added by L.L. No. 54-2011, effective 6-28-2011]

CONCEPTUAL MASTER PLAN - A design for the MFM Mitchel Field Mixed-Use District that includes and defines, but is not limited to, building and land use size and placement, roads and streets, parking, and open space. [Added by L.L. No. 54-2011, effective 6-28-2011]

DWELLING UNIT - A residence occupied by one family. [Added by L.L. No. 54-2011, effective 6-28-2011]

NEXT GENERATION/WORKFORCE HOUSING UNIT - A dwelling unit that is restricted as to sale or rent to remain affordable to a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 120% of the Nassau County median annual income for its household size [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], by generally not exceeding 30% of the aggregate gross income of the household. Said housing unit must be the primary residence of the household and shall not be sublet without the consent of the Town Board or its designee. In addition, the net assets of the household at the time prior to purchase or lease may not exceed 50% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. [Added by L.L. No. 54-2011, effective 6-28-2011]

NURSING HOME - A facility that provides skilled or acute nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging, board, physical care or other health-related services, or any combination of the foregoing, and in addition thereto may provide nursing care and health-related services or either of them to persons who are not occupants of the facility. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Added by L.L. No. 54-2011, effective 6-28-2011]

PEDESTRIAN PLAZA - A walkway or area for the use of pedestrians erected below, at, or above grade, but not exceeding 35 feet in height over grade. Pedestrian plazas shall be deemed open space and shall not be deemed buildings or structures. Space beneath a pedestrian plaza may be used for any use otherwise permitted in this article. [Amended by L.L. No. 54-2011, effective 6-28-2011]

RESEARCH AND DEVELOPMENT FACILITY - Operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under the close supervision of technically trained personnel, and which are not engaged in the manufacture of products for commercial sale. [Added by L.L. No. 54-2011, effective 6-28-2011]

SENIOR CITIZEN CONGREGATE-CARE FACILITY - A facility that provides lodging, board, physical care or assisted-living services to elderly persons 65 years or older, including, but not limited to, the recording of health information, dietary services, and supervision and/or assistance with various daily activities such as cooking, cleaning, housekeeping, laundry, transportation, recreation and other activities designed to help maintain an independent lifestyle. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Added by L.L. No. 54-2011, effective 6-28-2011]

SHARED PARKING ANALYSIS - A study conducted to determine the total number of parking spaces required by all nonresidential uses in a mixed-use development to adequately serve estimated parking demands, taking into consideration that it may be possible to allocate a single parking space to more than one use because of different parking demands among the various uses during certain times of the day. [Added by L.L. No. 54-2011, effective 6-28-2011]

TRANSIENT HOTEL - A building or part of a building in which:

A. Living or sleeping accommodations are used primarily for transient occupancy, and rented on a daily basis.

B. One or more common entrances serve all such living or sleeping units.

C. Twenty-four-hour desk service is provided, in addition to one or more of the following services: maid, telephone or bellboy service, or the furnishing or laundering of linens. of Hempstead. All wiring, feed lines, energy sources (except solar) and all equipment accessory to all utilities shall be placed underground.

ACCESSORY BUILDING - A subordinate building used in conjunction with the principal buildings on the plot, and shall be limited to garages for the parking of automobiles, buildings used for the purposes of common recreation facilities and maintenance buildings.

BUILDABLE LAND - The land within the development areas, the grade of which is four feet above mean sea level, Nassau County datum, is not defined as tidal wetlands in Article 25 of the Environmental Conservation Law of the State of New York and is not otherwise restricted by other provisions of law.

CLUSTER - A group of principal buildings around a common element, designed with the intention of providing larger open spaces elsewhere on the same plot.

COMMON ELEMENTS - Those lands, structures, portions of structures, facilities or partial interests therein the ownership and enjoyment of which are shared by all members of an association, corporation or other grouping of interested parties.

CONDOMINIUM - A form of ownership interest in dwelling units and other facilities acquired pursuant to Article 9-B of the Real Property Law of the State of New York.

DEVELOPMENT AREA, GROSS - The gross area of the development after deduction of the areas to be dedicated for public streets and without deduction for any internal areas whatsoever.

DEVELOPMENT AREA, NET - The area of the development after deduction of areas to be dedicated or designated for public use of access, or restricted from development to preserve specifically identified natural features.

LOT - The parcel of land to be conveyed to the unit owner as provided by the Condominium Act.

OPEN SPACE - That part of the buildable land, as defined in this article, of a condominium development which is devoted to outdoor recreational space and landscaping, and shall not include areas devoted to roadways or parking facilities, and shall be accessible to and available to all residents of the condominium development.

PRINCIPAL BUILDINGS - Those buildings containing dwelling units.

PRIVATE STREET - Internal traffic accessways not to be dedicated for public streets.

TOWNHOUSE - A row dwelling consisting of one family dwelling units for families living independently of another family, with individual access to utility services, separated from other units by a party wall and intended to be held in single and separate ownership from adjoining units.

LEVITTOWN AREA - The residentially zoned premises situate, lying and being in the unincorporated area of the Town of Hempstead, County of Nassau, State of New York, as shown on the following maps filed in the office of the Clerk of the County of Nassau:

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

Together with all residentially zoned premises situate, lying and being within the following-described boundaries:

Beginning at a point where the west line of Newbridge Road intersects the Town of Hempstead - Town of Oyster Bay boundary line; running thence easterly along said boundary line to a point where said line turns and runs southerly; thence continuing southerly along the Town of Hempstead - Town of Oyster Bay boundary line, to a point on the center line of the Southern State Parkway; thence running westerly along said center line to a point on the center line of the Seaford Oyster Bay Expressway; thence running southerly along said center line to a point on the center line of Jerusalem Avenue; thence running westerly along said center line to a point on the center line of the Wantagh State Parkway; thence running northerly along said center line to a point on the center line of Salisbury Park Drive; thence running westerly and northwesterly and westerly along said center line to a point on the center line of Stewart Avenue; thence running northeasterly along said center line to a point on the southwesterly boundary line, when projected southeasterly, of filed map of Section 17 of subdivision map of property known as "Levittown," filed in the Nassau County Clerk's office July 17, 1950, as Case No. 5021; thence running northwesterly and northeasterly along the boundary line of the last-mentioned filed map and continuing along the northerly line of Lot 70, of Block 19, Section 45, projected northeasterly, as shown on the Nassau County Land and Tax Map, to a point on the center line of Carman Avenue Extension; thence running southerly along said center line to a point on the center line of Carman Avenue; thence running northeasterly along said center line to a point on the west boundary line of Wantagh State Parkway; thence running southerly along said west boundary line to a point on the Town of Hempstead - Town of Oyster Bay boundary line; thence running southerly and easterly along the last-mentioned boundary line, across Wantagh State Parkway to a point on the west line of Newbridge Road, the point or place of beginning.

LEVITTOWN PLANNED RESIDENCE DISTRICT (LPRD) - The residentially zoned premises situate, lying and being in the Levittown area.

ANIMATED SIGN - A sign which depicts action or motion by flashing or otherwise, requiring electrical energy, electronic or other source of supply.

ARCADE - An arched or covered way that affords a common passageway to entrances of various shops or establishments along its course.

AREA OF SIGN - For the purposes of computation, the entire background area of the sign, and shall be computed by standard mathematical formulas for known or common shapes. For irregular shapes, lighting, devices, pennants, banners, bunting or fluttering devices, the entire background area shall be considered that area which is or would be encompassed within the extremities of straight lines drawn closest to the extremities of the shape or device. For signs having lettering and/or pictorial matter on more than one face, the sum of the entire background areas of each face shall be computed for determination of the required fee.

AWNING - An unenclosed roof structure supported entirely by the building to which attached and which may be of a stationary or retractable type.

AWNING SIGN - Any lettering attached to or inscribed on an awning.

CANOPY - A freestanding unenclosed roofed structure which may be connected to but not necessarily supported by the building or structure from which it extends.

CANOPY SIGN - Any lettering attached to or inscribed on a canopy, or any sign attached thereto.

COVERED MALL - For purposes of application of the requirements of this article, the terms "arcade" and "covered mall" shall be considered synonymous.

DETACHED SIGN - Any sign which is suspended from or attached to and supported by one or more columns, up-rights or braces, imbedded in the ground, and in which neither the sign nor the supports thereof are attached to or are dependent on any building for support or bracing. "Detached signs" shall not exceed 32 square feet in area on each face, and the bottom shall not be less than seven feet nor the top more than 15 feet above the adjacent ground level unless otherwise specifically stated in this article.

DIRECTIONAL SIGN - Any sign which is located outdoors and is used for guidance, instruction or direction

DOUBLE-FACED SIGN - A sign having its opposite surface areas used in any manner described under the definition of "sign" in this section of this article.

ERECT - To build, reletter, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall include the painting of signs directly on exterior surfaces of buildings or structures.

FACADE - That part of the exterior face of a building, the top of which is more than three feet but not in excess of six feet above the roofline of the building.

FACADE SIGN - Any sign erected on a facade that does not:

A. Exceed 1/3 the area of the facade.

B. Exceed in length 90% of the horizontal measurement of each tenant's wall space.

C. Project more than 12 inches beyond the exterior face of the building, including any artificial lighting or reflectors connected thereto.

ILLUMINATED SIGN - A sign which is illuminated by an artificial source of light to make the message more discernible, and shall include internally and externally lighted signs.

LIGHTING DEVICE - Any nonintermittent source of light, string or group of lights located or arranged to cast illumination on a sign or which is used to attract the attention of the public to the premises.

MARQUEE - A permanent roofed structure which is either wholly or partially supported by the building to which it is attached and projects over public or private property.

MARQUEE SIGN - Any sign which is attached to, inscribed on or constructed in a marquee.

MOBILE SIGN - A sign mounted upon a trailer-type steel chassis, not permanently anchored to the ground, and capable of being transported as a unit over public roads and streets. A "mobile sign" may be designed to accommodate changeable copy and may be illuminated. The maximum height from the top of a "mobile sign" to the ground shall not exceed 15 feet. Such sign may be single- or double-faced, but the total sign area shall not exceed 64 square feet per face.

MULTIFACED SIGN - At least three or more single faced signs, of the same size, the vertical sides of which are substantially fastened to each other to form a continuous sign area and securely mounted or affixed to a pole or post which is imbedded in the ground. The bottom of such signs shall be parallel to the ground and equidistant therefrom.

NONCONFORMING SIGN - Any sign which does not comply with the provisions of this article as to size, type, character or location as may be permitted in the use district in which such sign is erected.

POSTER SIGN - A sign which affixed to a surface by the use of an adhesive.

PROFESSIONAL SIGN - A sign used to designate a professional office located on the premises. The wording on the sign shall be limited to the name, title, profession, location, telephone, type of service and the time available for such services by the named practitioner.

PROJECTING SIGN - Any sign which extends more than 12 inches horizontally from an exterior wall of a building or structure to which it is attached. Such sign shall:

A. Not project more than 42 inches from the wall.

B. Not be erected closer than eight feet to the curbline.

C. Not extend above the roofline or top of the parapet of the wall to which attached, nor shall any of its supporting structures.

D. Have a minimum clearance of 10 feet above the finished grade of a walk directly beneath and a minimum clearance above a road or driveway of at least 18 feet.

REVOLVING SIGN - Any sign which revolves about an axis

ROOF SIGN - Any sign which is painted on or is erected upon or above a roof of a building except a facade sign as defined elsewhere in this article.

SIGN - Any material, structure, device, or any part thereof, which consists of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when located outdoors or on the exterior face of a building or on the inside or outside surface of a window when used for display, advertisement, announcement, notice, directional matter or name, and shall include sign frames, posters, billboards, signboards, painted wall signs, lighting devices, hanging signs, illuminated signs, pennants, banners, bunting, fluttering devices, projecting signs, ground signs or other signs as defined in this article, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business or attract the attention of the public when the same is placed or located within its view.

SWING OR CURB SIGN - A double faced free-swinging sign not exceeding 12 square feet in area per face, suspended from an independent metal frame whose base rests on the ground and provides the only support for such sign.

TEMPORARY SIGN - A sign which is permitted to be used or erected for a limited period of time pursuant to the provisions of this article.

WALL SIGN - Any single faced sign which is attached to, incorporated into or painted on the exterior wall of the premises abutting a public street or a public or private parking field advertising only the business conducted on the premises, when such sign does not:

A. Exceed two square feet in area for each horizontal foot of such wall.

B. Exceed in length 90% of the horizontal measurement of each tenant's wall space.

C. Project above any portion of the roof of the building except if such sign is attached to a parapet wall, which does not exceed three feet in height, and the sign does not extend above the top thereof.

D. Project more than 12 inches from such wall, including any artificial lighting or reflectors connected thereto.

E. Include the wall area considered in the computations for any facade sign.

WINDOW SIGN - A sign which is either temporarily or permanently attached or affixed to the interior or exterior surface of a display window and is used for advertisement, announcement, or notice, directional matter, company name or trade name which is relative to the business, products or services provided. The total sign area shall not exceed 1/4 the area of such window unless otherwise stated in this article.

CONVENIENCE MARKET - A market that sells convenience foods, newspapers, magazines and beer, which does not sell gasoline.

FAST-FOOD RESTAURANT - A restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter or drive-in refreshment stand, which sells prepared food over a counter and is characterized by a large carry out clientele, long hours of service, and high turnover rates for eat-in customers.

PHARMACY/DRUGSTORE - A retail facility that sells prescription and nonprescription medication. These facilities may also sell cosmetics, toiletries, medications, stationery, personal care products, limited food products, and general merchandise.

SHOPPING CENTER - An integrated group of establishments, comprised usually but not exclusively of retail and personal service establishments, that is planned, developed, owned and managed as a unit.

SUPERMARKET - A freestanding or attached retail store which sells an assortment of food, food preparation materials and household cleaning items.

VIDEO RENTAL STORE - A business specializing in the rental of home movies and video games.

FLOOR AREA - The sum in square feet of the areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of a party wall separating two buildings, and including cellar, basement, interior balconies and mezzanines, enclosed porches, and the floor area of accessory buildings, provided that the term shall exclude the floor area of cellar and basement areas, or portions thereof, only when such areas are used exclusively for dead storage, off-street parking facilities or utility or other equipment installed for the normal operation and maintenance of such building or buildings.

FLOOR AREA RATIO - The ratio of the total floor area of the building or buildings to the lot area of the building site.

LOT AREA - The total horizontal area included within lot lines.

PARTY WALL - A wall on an interior lot line used or adopted for a joint service by the dwelling units or other structures.

SINGLE-FAMILY ATTACHED DWELLING - A building containing a single dwelling unit which is separated on both sides from any other structure or building by an unpierced party wall from the ground up.

SINGLE-FAMILY DETACHED DWELLING - A building containing a single dwelling unit, no part of which is attached to any other building.

SINGLE-FAMILY SEMIATTACHED DWELLING - A building containing a single dwelling unit which is separated on one side from any other structure or building by an unpierced party wall from the ground up.

TWO-FAMILY DETACHED DWELLING - A building containing two dwelling units, no part of which is attached to any other building.

TOBACCO ADVERTISEMENT - Any word(s), logo, or other visual image which has the effect of placing before the public the existence or availability of tobacco products, including, but not limited to, the identification of a brand or trademark of a tobacco product.

STORAGE CONTAINER - Any container intended for the purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property, and later removed from the property for storage off-site.

CLASSROOM AREA - That area within a building, totally enclosed from the elements, used only for instructional purposes, and shall exclude corridors, hallways, cloakrooms, closets, lavatories, kitchens, dining rooms or dining areas, administrative and clerical office space, stairwells and stairs, landings, verandas, patios, tents, platforms and other accessory buildings. No areas otherwise conforming to the provisions of this definition shall be computed as "classroom area" unless serviced by a permanent heating system installed and maintained in conformity with all applicable statutes, ordinances or codes.

OUTDOOR ACTIVITY AREA - That area of the premises exclusive of buildings and accessory structures and excluding the areas lying within the setback requirements hereinafter referred to, devoted exclusively to outdoor play and activities.

SCHOOL - All schools other than public, devoted to academic instruction of any grade level through and including the elementary level and shall include private nursery schools, private kindergarten schools, private elementary schools and private academies, but shall not include institutions for the instruction of mentally retarded children.

CLOSED GASOLINE SERVICE STATION - A gasoline service station not open for normal business operation for a period of 30 consecutive days without Town Board approval upon written application.

CORNER SITE - A site at the intersection or junction of two or more streets, or of a street and lane which is not less than 20 feet in width.

DISCONTINUED GASOLINE SERVICE STATION

A. A gasoline service station, as defined in this article and permitted by the Town Board after the effective date of this article, which has become closed and which, after closing, has been adjudicated by the Town Board to have been discontinued pursuant to the provisions of � 343A of this article;

B. An existing gas filling station or battery and tire service station approved prior to the effective date of this article as a special exception by the Town Board, which has become closed, and which, after closing, had been adjudicated by the Town Board to have been discontinued pursuant to the provisions of � 343A of this article;

C. An existing gas filling station or battery and tire service station in existence at the original effective date of the Building Zone Ordinance and continuing thereafter as a nonconforming use which has become closed, and which, after closing, has been adjudicated by the Town Board to have been discontinued pursuant to the provisions of � 343A of this article; or

D. A gasoline service station or a gas filling station or a battery and tire service station which has become closed and where the buildings and structures have been sealed in accordance with Chapter 90 of the Code of the Town of Hempstead.

GASOLINE SERVICE STATION - An establishment in which the principal activity is the storage and retail sale of gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles. A "gasoline service station" shall be deemed to exclude the following:

A. Major repairs, except those performed within the principal building.

B. Outdoor stationary lifts and pits.

C. Vending machines, except those within the principal building or within four feet from an exterior wall of the principal building.

D. Sale, lease, rental, storage or display of new or used motor vehicles.

E. Commercial parking.

F. The storage of motor vehicles for a period in excess of 24 hours unless the motor vehicle is enclosed in the principal building or the storage of vehicles incapable of self-propulsion out of doors at any time.

G. Displays of merchandise outside the principal building except for small sample displays at the pump islands of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

MAJOR REPAIRS - Major repairs permissible at a gasoline service station, including those normally accessory and incidental to the day to day operations of motor vehicles, but shall not include body and fender repair, collision work or painting.

MINOR REPAIRS - Minor repairs permissible at a gasoline service station, including those normally accessory and incidental to the day-to-day operation of motor vehicles and to the principal activity and performed within the principal building.

APPEAL - A request for a review of the local administrator's interpretation of any provision of this article or a request for a variance.

AREA OF SHALLOW FLOODING - A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this article, the term "special flood hazard area" (SFHA) is synonymous in meaning with the phrase "area of special flood hazard."

BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT - That portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading fortes without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING - See "structure."

CELLAR - Has the same meaning as "Basement."

COASTAL HIGH-HAZARD AREA - An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.

CRAWL SPACE - An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces, which would be experienced during periods of flooding.

DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING - A nonbasement building built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor or, in the case of a building in Zone V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

FEDERAL EMERGENCY MANAGEMENT AGENCY - The federal agency that administers the National Flood Insurance Program.

FLOOD BOUNDARY AND FLOOD WAY MAP (FBFM) - An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood insurance study. The FBFM delineates a regulatory flood way along watercourses studied in detail in the flood insurance study.

FLOOD ELEVATION STUDY - An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY - See "flood elevation study."

FLOOD OR FLOODING

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters;

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.

FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any source. (See the definition of "flooding.")

FLOODPROOFING - Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOOD WAY - Has the same meaning as "regulatory flood way."

FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC STRUCTURE - Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

LOCAL ADMINISTRATOR - The person appointed by the community to administer and implement this article by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.

LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

MANUFACTURED HOME - A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME - Has the same meaning as "manufactured home."

NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

ONE HUNDRED YEAR FLOOD OR 100-YEAR FLOOD - Has the same meaning as "base flood."

PRIMARY FRONTAL DUNE - A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

PRINCIPALLY ABOVE GROUND - That at least 51% of the actual cash value of the structure, excluding land value, is above ground.

RECREATIONAL VEHICLE - A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD WAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood insurance study or by other agencies as provided in � 351E(2) of this article.

SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION - The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE - A grant of relief from the requirements of this article, which permits construction or use in a manner that would otherwise be prohibited by this article.

AFFORDABLE HOUSING UNIT - A dwelling unit whose sales price or rental value is substantially below market rate and which is to be occupied by a qualifying household.

QUALIFYING HOUSEHOLD - A household whose income level does not exceed the allowable maximum level established in � 372C of this article and, if not a senior citizen household, does not now own and has never previously owned a dwelling or dwelling unit.

SENIOR CITIZEN HOUSING UNIT - A dwelling unit restricted in its occupancy to individuals who are 62 years of age or older, except that a spouse under 62 years of age who is residing with his or her spouse who is 62 years of age or older is permitted.

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN THEATER - A drive in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

MASSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

AGRICULTURAL ACTIVITY - The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT - A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING - Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

CHANNEL - A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING - Any activity that removes the vegetative surface cover.

DEDICATION - The deliberate appropriation of property by its owner for general public use.

DEPARTMENT - The New York State Department of Environmental Conservation.

DESIGN MANUAL - The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for Stormwater management principles, methods and practices.

DEVELOPER - A person who undertakes land development activities.

EROSION CONTROL MANUAL - The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

GRADING - Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER - Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, and driveways, etc.).

INDUSTRIAL STORMWATER PERMIT - A state pollutant discharge elimination system permit issued to a commercial industry or group of industries, which regulates the pollutant levels, associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION - The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND - An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY - Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER - The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT - A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION - Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN - Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT - Land development activity.

RECHARGE - The replenishment of underground water reserves.

SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS - Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

STABILIZATION - The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER - An order issued that requires that all construction activity on a site be stopped.

STORMWATER - Rainwater, surface runoff, snowmelt, and drainage.

STORMWATER HOTSPOT - A land user activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT - The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY - One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER - An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER MANAGEMENT PRACTICES (SMPS) - Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF - Flow on the surface of the ground, resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface waters or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in the waters of the state (such as disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm drain.

ACCESSORY USE - A use of a building or premises that, while not religious or educational in nature, is customarily incidental to the primary use of a building or premises as a religious or educational use.

EDUCATIONAL USE - A private school that has been chartered by the Board of Regents of the State of New York.

RELIGIOUS USE - A house of worship or other place regularly and primarily devoted to religious practice.

FAST-FOOD RESTAURANT - A restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter, or drive-in refreshment stand, which sells prepared food over a counter and is characterized by a large carryout clientele, long hours of service, and high turnover rates for eat-in customers.

MIXED USE - A commercial use on the first or ground floor with residential use above.

MUNICIPAL BUILDING AND FACILITY - Buildings and structures of the Town of Hempstead, Nassau County, State of New York, or other governmental agency.

PHARMACY/DRUGSTORE - A retail facility that sells prescription and nonprescription medication- These facilities may also sell cosmetics, toiletries, medications, stationery, personal-care products, limited food products, and general merchandise.