Unless otherwise expressly stated, the following words shall,
for the purpose of this ordinance, have the meanings herein indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
As applicable to this ordinance, shall refer to the land
exclusive of the street areas.
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.
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]
A vertical opening penetrating through one or more floors
to create an open effect within a building.
[Effective 4-29-1989]
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.
The aggregate of the maximum horizontal cross sections of
the buildings on a lot.
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.
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.
[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.
Transplantable trees having less than four-inch "calipers" shall
be measured six inches above the ground.
Transplantable trees having four- to twelve-inch "calipers"
shall be measured 12 inches above the ground.
Nontransplantable trees having "calipers" of 12 inches or more
shall be measured 4 1/2 feet above the ground.
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.
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]
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]
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.
The Department of Police of the County of Nassau.
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.
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]
Whenever reference is made in terms or substance to the "effective
date of this ordinance," it shall mean January 20, 1930.
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.
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]
May consist of either woven wire, woven wood, picket, board
or a cultivated or natural growth of shrubs or trees.
[Effective 3-28-1975]
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:
[Effective 4-29-1989]
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]
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.
The floor area of a pedestrian mall/plaza shall be excluded
from the calculation of "floor area."
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]
The required open space extending along the street line of
any street on which the lot abuts.
The lowest story entirely above the level of the ground in
front of the 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]
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]
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.
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]
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]
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.
[Effective 10-18-1987]
A building, not a private garage, one story in height, used
for the storage of noncommercial automobiles and not used for making
repairs thereto.
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]
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]
A building, not a single-family dwelling or a two-family
dwelling, designed for and occupied exclusively for dwelling purposes.
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]
One that does not conform to the regulations of the district
in which it is situated.
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]
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.
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, cafe or street furniture, kiosks or recreational facilities.
[Effective 4-29-1989]
Includes the land and all buildings and structures thereon.
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.
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]
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
Shall not include an institution required to be licensed
under the Mental Hygiene Law of the State of New York.
A communication apparatus in earth orbit which receives and
transmits video and audio signals.
[Effective 12-16-1983]
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]
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]
The required open space extending along the side lot line
from the front property line to the rear property line.
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.
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]
The dividing line between the street and a lot.
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."
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]
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.
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.
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.
One where the main eaves are below the midheight of the third
story.
A building designed for and occupied exclusively as a home
or residence for two families.
Any building where an area on the second floor is equal to
75% of the area of the first floor.
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.
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.
