Words used in the present tense include the
future and the future the present; the singular number includes the
plural and the plural the singular; the word "lot" includes the word
"plot," as the sense may require it; the word "shall" is always mandatory.
[Amended 7-23-1968; 10-15-1968; 12-31-1974 by L.L. No. 22-1974; 2-1-1977 by L.L. No.
2-1977; 3-27-1979 by L.L. No. 3-1979; 8-12-1980 by L.L. No.
11-1980; 8-12-1980 by L.L. No. 12-1980; 8-26-1980 by L.L. No.
13-1980; 9-13-1983 by L.L. No. 6-1983; 2-26-1985 by L.L. No.
4-1985; 12-17-1985 by L.L. No. 13-1985; 12-17-1985 by L.L. No.
18-1985; 3-25-1986 by L.L. No. 3-1986; 4-28-1987 by L.L. No.
10-1987; 2-19-1991 by L.L. No. 5-1991; 7-9-1991 by L.L. No.
10-1991; 5-21-1996 by L.L. No. 8-1996; 1-28-1997 by L.L. No.
2-1997; 3-18-1997 by L.L. No. 6-1997; 5-21-1997 by L.L. No.
9-1997; 12-16-1997 by L.L. No. 25-1997; 6-8-1999 by L.L. No.
7-1999; 12-14-1999 by L.L. No. 14-1999; 10-2-2001 by L.L. No.
8-2001; 3-12-2002 by L.L. No. 2-2002; 6-25-2002 by L.L. No.
9-2002; 3-11-2003 by L.L. No. 1-2003; 9-30-2003 by L.L. No.
12-2003; 11-15-2005 by L.L. No. 13-2005; 1-3-2006 by L.L. No.
1-2006; 1-24-2006 by L.L. No. 2-2006; 8-22-2006 by L.L. No.
13-2006; 10-3-2006 by L.L. No. 14-2006; 12-12-2006 by L.L. No.
16-2006; 5-29-2007 by L.L. No. 4-2007; 5-29-2007 by L.L. No.
5-2007; 12-11-2007 by L.L. No. 12-2007; 7-29-2008 by L.L. No.
7-2008; 9-22-2008 by L.L. No. 9-2008; 10-2-2008 by L.L. No.
10-2008; 5-19-2009 by L.L. No. 9-2009; 6-23-2009 by L.L. No.
11-2009]
For the purpose of this chapter, the terms used herein are defined
as follows:
A slaughterhouse for the slaughtering of livestock other
than poultry.
A separate space within a one-family dwelling, or a structure
on property on which exists a one-family dwelling, which is wholly
or partly used or arranged, designed or intended to be occupied or
used for living or sleeping by one or more human occupants.
A subordinate building or use customarily incidental to and
located on the same lot occupied by the main building or use.
A residential dwelling unit made available for sale or rent
such that the shelter portion of the housing cost is below the market
price of such units, to be determined as follows:
Units for rent. Rent shall not exceed 80% of the county median
income, as determined by the United States Department of Housing and
Urban Development (HUD), times 30%.
Units for sale. Sales price shall not exceed 45% of the average
sales price of single-family homes in the county for the prior 12
months, and be for sale to households whose income is 80% of the county
median income as determined by HUD.
The cultivation of the soil for food products or other useful
or valuable growths, crops or products of the field or garden, tillage
or husbandry, but shall not include dairying, raising of livestock,
fowls or birds where the same is carried on as a gainful operation.
A commercial building primarily for transient guests and
having one or more of the following: lounge, meeting/conference room,
dining room and kitchen for the serving of food to be consumed primarily
in said dining room. All guest rooms shall contain a sitting room,
separate bedroom and the provision of limited kitchen facilities.
As applied to a building or structure, the change or rearrangement
of the structural parts or any enlargement, whether by extending on
any side or by increasing in height, or the moving from one location
to another. It does not include ordinary repairs to buildings or structures.
Any premises where three or more amusement devices are available
for operation.
Any coin- or token-operated machine, apparatus or contrivance
which is used or which may be used as a game of skill or amusement
wherein or whereby the player initiates, employs or directs any force
or action to, or generated by, the machine, including, but not limited
to billiard tables; casino-type games; computerized games; electronic
bowling; electronic shuffleboard; pinball machines; shooting galleries;
and skill boards. "Amusement devices," for the purpose of this chapter,
shall not include bowling alleys and duckpin bowling alleys.
The space between the ceiling joists of the top story and
the roof rafters. An attic shall not be used or occupied as living
or sleeping quarters. There shall be no new fixed stair to any attic
space nor operable windows. Attics shall not have finished floors
or heating systems. Attics over one-story extensions shall count as
additional gross floor area if the height from the joist to the underside
of the ridge is greater than five feet. Horizontal access to attics
shall be limited to nine square feet. Notwithstanding the foregoing,
an attic may be permitted to be constructed as, or converted into,
habitable or occupiable space where the requirements of the district
would permit a full story; provided, however, that the attic shall
be counted as gross floor area when used as habitable or occupiable
space.
[Amended 1-29-2019 by L.L. No. 3-2019; 8-5-2021 by L.L. No. 16-2021]
Any business use in which the primary service offered is
the sale of alcoholic beverages for consumption on the premises, regardless
of whether food is also served and entertainment of any type is offered.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established finished grade of the ground adjoining
the building.
An accessory use in which the final paved surface is located
more than 24 inches below the preexisting grade of a building site,
and that provides for the parking of vehicles, including drive aisles,
and which may include loading areas.
A sign erected and maintained by an outdoor advertiser.
The street and the space surrounding it, including the buildings
and open space fronting on both sides of the streets.
A hotel on a waterfront with docks for use by boaters.
A combination of materials other than a structure to form
a construction that is safe and stable and adapted to permanent or
continuous occupancy for public, institutional, residence, business
or storage purposes; the term "building" shall be construed as if
followed by the words "or part thereof."
The Building Department of the Town of North Hempstead.
The vertical distance measured from the average level of
the preexisting grade at the perimeter of the building to the highest
point of the roof.
The officer or other person specifically charged by the Town
Board with the administration and enforcement of this chapter, or
his duly authorized representative.
An accessory living space within a historic building, structure
or dwelling intended as a primary residence for the person or family
responsible for the maintenance, upkeep and/or security of the building
or site. Caretaker units may comprise up to 50% of the gross floor
area of the building, and may have a separate entrance.
[Added 9-10-2013 by L.L. No. 4-2013]
That portion of a building with half or more of its floor-to-ceiling
height below the average level of the adjoining ground. A "cellar"
shall not be used or occupied for cooking or sleeping quarters but
may be used as recreational space when in compliance with the requirements
of the NYS Uniform Fire Prevention and Building Code.
[Amended 8-5-2021 by L.L. No. 16-2021]
Any program or facility providing care for children for more
than three hours but less than 24 hours per day per child on a regular
basis away from the child's residence, in which care is provided by
someone other than the parent, step-parent, guardian or other relative
within the third degree of consanguinity of the parent or step-parent.
This definition shall apply whether or not care is given for
compensation.
This definition shall include any facility that provides child-care
services as defined in § 390 of the New York State Social
Services Law.
This definition shall not include child-care facilities located
in private dwellings and multiple-dwelling units licensed and operated
in accordance with the regulations set forth by the New York State
Office of Children and Family Services.
Medical care or delinquency correction may not be the principal
use of the facility.
Child-care facilities shall be licensed by and operated in accordance
with the regulations set forth by the New York State Office of Children
and Family Services.
The officer or other person specifically charged by the Town
Board with the administration and enforcement of this chapter, or
his duly authorized representative.
[Added 11-16-2010 by L.L. No. 15-2010]
Any lot or premises, other than one owned or maintained by
the municipality, used for parking automobiles or other motor vehicles
by the public upon the payment of a fee, whether or not such use is
an accessory use.
A facility used for the collection and processing and/or
crushing of uncontaminated concrete waste for conversion to recycled
concrete aggregate.
[Added 8-9-2016 by L.L.
No. 6-2016]
A retail sales area that offers for sale prepackaged food
or beverages, and may allow for cooking and preparation of ready-to-serve
food, for off-site consumption. A convenience store shall co-locate
or coexist only with a gasoline service station or automobile service
station, and only as approved by the Town Board.
[Amended 3-22-2016 by L.L. No. 3-2016]
A lot situated at the intersection or junction of two or
more streets.
An outdoor accessory structure for the storage of shopping
baskets, carts and wagons that is made available for use by the shopping
public and for the secure storage of carts during hours when the business
is closed.
[Added 3-8-2011 by L.L. No. 4-2011]
A required open and unoccupied space on the same lot and
enclosed on at least three sides by walls of a building.[1]
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 regulations, control
and/or supervision of matters pertaining to and affecting the public
health in the Town of North Hempstead.
The mean distance from the street line of the lot to its
opposite rear line, measured along the side lines of the lot.
The total number of square feet of sign space on one side
of a sign, exclusive of moldings.
An enclosed space in a municipal park where dogs can roam,
exercise and play off-leash in a controlled environment under the
supervision of their owners.
[Added 10-13-2022 by L.L. No. 18-2022]
A business, establishment, building or other structure intended,
in whole or in part, to accommodate in-vehicle customer service. Such
facilities shall also include, but not be limited to, establishments
such as drive-through oil change and/or car wash operations, which
utilize a drive-through lane or lanes, but perform their services
while customers wait outside their motor vehicles, and establishments
that provide in-vehicle customer service via a freestanding box.
A building containing not more than two dwelling units occupied
principally for residential uses.
A portion of a row dwelling housing not more than one family.
The top of the uppermost wall plate or other horizontal structural
member providing bearing and anchorage for the roof rafters or roof
trusses, as measured from the average level of the preexisting grade
at the perimeter of the building. The top wall plate or other horizontal
structural roof support member of decorative doghouse dormers that
do not exceed six feet in width shall not be limited as an eave height.
[Amended 8-5-2021 by L.L. No. 16-2021]
A not-for-profit organization, public or private, primarily
engaged in charitable activities or primarily supported by charitable
contributions.
A device containing a liquid or other substance that is vaporized
and inhaled for the purpose of simulating the experience of smoking.
[Added 8-9-2016 by L.L.
No. 7-2016; amended 11-20-2018 by L.L. No. 10-2018]
A system for the charging of an electric vehicle. Components
typically include a charging kiosk and transformer.
[Added 5-13-2014 by L.L. No. 7-2014]
Includes constructed, reconstructed, altered, placed or moved.
A building erected prior to the effective date of this chapter.
One individual or a collective group of individuals either:
Related to each other by blood, marriage or adoption who live
together in the same dwelling unit, cook together and function as
a single, stable housekeeping unit with common access to all rooms
and facilities; or
Not related by blood, marriage or adoption but who together
constitute the functional equivalent of a natural family, all living
together in the same dwelling unit, cooking together and generally
functioning as a single, stable housekeeping unit, all with common
access to all rooms and facilities, with no member or members of such
group subletting, subleasing or otherwise controlling any part of
the dwelling separately from the others.
See definition of "restaurant" contained in this section.
On an interior lot, the exterior wall facing the street.
The "front of a building" on a corner lot is the exterior wall where
the main entrance is established.[2]
A yard across the full width of the lot extending from the
front line of the building to the front line of the lot measured between
the side property lines.
The front yard with the narrower street frontage. For lots
having equal street frontage, the primary front yard shall be the
front yard where the main entrance is established.
[Added 7-10-2012 by L.L. No. 11-2012]
The use of premises for the dispensing of motor fuels, lubricants
and other materials used in the operation of motor or other vehicles
and/or where minor repairs to motor or other vehicles are made.
The co-location of a gasoline service station and a convenience
store, only as approved by the Town Board. No use other than a convenience
store may coexist or co-locate with a gasoline service station. A
gasoline service station/convenience store contains a convenience
store that offers for sale food or beverages, in conjunction with
the sale of automotive fuel. Other prepackaged goods, household items,
automotive fluids and wiper blades, automotive cleaning supplies,
oils, waxes and windshield fluids, newspapers and magazines may also
be sold at a gasoline service station/convenience store.
[Amended 3-22-2016 by L.L. No. 3-2016]
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies and mezzanines and attics
over one-story extensions where the height from the joist to the underside
of the ridge is greater than five feet, but excluding exterior balconies.
All horizontal dimensions of each floor are to be measured from the
exterior faces of the walls of each such floor, including roofed porches
having more than one wall. The "gross floor area" of accessory buildings
shall include the floor area of accessory buildings on the same lot,
measured the same way. In computing the "gross floor area," there
shall be excluded any floor area of a story whose ceiling is less
than four feet above grade at the nearest building line and attic
space having a headroom of less than seven feet, provided that those
areas are nonhabitable and are used for storage or mechanical equipment.
[Amended 1-29-2019 by L.L. No. 3-2019]
The sum of the gross horizontal area of all floors or stories
of a dwelling as measured to the outside face of the exterior wall
inclusive of all exterior facing as well as attached garages, enclosed
porches and roofed porches having more than 50% of the perimeter enclosed
or screened, attics over one-story extensions where the height from
the joist to the underside of the ridge is greater than five feet,
all habitable and occupiable attics and basement areas with ceiling
heights in excess of seven feet or greater. Basement areas with a
maximum ceiling height of eight feet shall not be included in the
gross floor area in all residential building permit applications or
amendments submitted prior to December 21, 2007. Attics that are nonhabitable
and nonoccupiable and cellars shall be excluded from the gross floor
area. The gross floor area of detached garages greater than 300 square
feet shall be included in their entirety. Gross floor area in dwellings
for areas exceeding 12 feet in height shall be counted at 2.0 times
the actual floor area except in garages.
[Amended 1-29-2019 by L.L. No. 3-2019]
The lower story entirely above the average level of the ground
surrounding a building.
A "ground sign" is one securely fastened to the ground by
means of two or more supporting posts. A "pole sign" is one attached
to the upper part of a single pole securely fastened to the ground.
A building, one story in height, divided into separate units
or with a common means of access, used for the storage of noncommercial
automobiles, but not used for servicing or making repairs to automobiles.
Rooms occupiable by one or more persons for living, eating
and/or sleeping, but not including garages, attics, open porches or
terraces, or rooms in cellars. On the first floor, it shall be construed
to mean all finished floor area having a clear headroom of 7 1/2
feet or over, including stairwells; on all floors above the first,
it shall include all finished or unfinished floor area having a clear
headroom of 7 1/2 feet or over for a minimum horizontal measurement
of six feet, including all floor area with a height of 5 1/2
feet or greater.
A half story is that part of any building above a story and
having at least two opposite exterior walls meeting a sloping roof
at a level no higher above the floor than 1/2 the floor-to-ceiling
height of the story below. The exterior walls of decorative doghouse
dormers not exceeding six feet in width shall be permitted to exceed
the 1/2 floor-to-ceiling height limit on the low sides of a half story.
[Amended 8-5-2021 by L.L. No. 16-2021]
A building or a group of buildings used primarily for providing
short-term sleeping accommodations for transient occupants in which
ingress and egress to and from individual rooms is made through an
inside lobby. Accommodations are offered to the general public on
a daily rate and may include additional services, such as restaurants,
meeting rooms and recreational facilities as an accessory use within
a principal structure.
[Amended 10-22-2020 by L.L. No. 15-2020]
Any facility or location whose business operation, whether
as its principal or accessory use, includes the indoor smoking of
tobacco in any form, electronic cigarettes, vapors, e-liquids, other
legal marijuana derivatives or other substances. Smoking is the inhalation
of the smoke of burning tobacco encased in cigarettes, pipes, cigars,
and pipes commonly known as "hookah," "waterpipe," "shisha," and "narghile"
or any similar device, or the inhalation of vapors produced by an
electronic cigarette or other device.
[Added 8-9-2016 by L.L.
No. 7-2016]
A special or exclusive type of planned industrial area designed
and equipped to accommodate a community of industries, providing them
with all necessary facilities and services in attractive surroundings
among compatible neighbors.
The manufacturing, fabricating, finishing, assembly, treating
or processing of articles to be sold at wholesale or retail on a scale
exceeding a maximum of five horsepower and requiring more than five
operators.
A lot other than a corner lot.
The use of any space, whether open or enclosed, for the collecting,
handling, sale, discarding, wrecking, salvage, storage, keeping or
abandonment of worn, salvaged, dismantled, used or discarded wastepaper,
junk, rags, scrap, metals, materials, articles, equipment, machinery,
vehicles inoperative or not intended to be repaired or any parts thereof.
A designated area or areas on a plot specifically allocated
and designed for parking but which is not immediately developed as
such. The location of landbanked parking areas shall be in conformance
with all restrictions relating to required parking and to any other
restrictions specified within this chapter or by any decision of a
board or commission having jurisdiction over a specific application.
A building used by fraternal organizations.
Includes plot, tract, premises or parcel of land, with or
without buildings or structures located thereon, as surveyed and apportioned
for sale or other purpose.
The area of a lot measured within the boundaries thereof.
The area of the maximum horizontal cross section of the buildings
on a lot, excluding cornices, eaves, gutters or chimneys projecting
not more than 24 inches, steps, one-story open porches, bay windows
extending not more than one story and projecting not more than five
feet, balconies and terraces.
The building which houses the principal purpose for the utilization
of the lot, as permitted under this chapter.
As used in the Building Department fee schedule established pursuant to § 2-28C, an application for a building permit for construction, changes, alterations, improvements or modifications which had been previously completed without the required permit(s) and inspections.
Shall have the same definition ascribed to "marihuana" in
§ 3302 of the New York Public Health Law.
[Added 11-20-2018 by L.L.
No. 10-2018]
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
[Added 11-20-2018 by L.L.
No. 10-2018]
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
[Added 11-20-2018 by L.L.
No. 10-2018]
A dock or a commercial mooring area, operated for profit
or to which public patronage is invited, providing mooring or docking
facilities for boats or vessels.
Of or pertaining to the open water, i.e., a bay, harbor,
sound, river or lake.
The crushing of stone, gravel, brick, concrete, slate, granite,
sedimentary rock, igneous rock, metamorphic rock, asphalt, tile, adobe,
clay, conglomerate rock or any similar material.
[Added 8-9-2016 by L.L.
No. 6-2016]
Shall have the same definition ascribed to medical marihuana
in § 3360 of the New York Public Health Law.
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations. Medical
marijuana dispensaries shall not be used as places of public assembly.
[Amended 8-5-2021 by L.L. No. 16-2021]
The office of one or more professionals licensed by New York
State to diagnose and/or treat ailments, illnesses, and conditions,
whether physical or mental, and/or prescribe drugs in accordance with
NYS Education Law. Such offices contain one or more of the following
features: waiting room, reception, examination rooms, and with scheduling
typically by appointment. This definition shall include but not be
limited to the offices of: physicians (M.D. or D.O.), dentists (D.D.S.),
veterinarians (V.M.D.), optometrists (O.D.), physical therapists (D.P.T.),
and psychiatrists and other mental health practitioners (M.D. or D.O.).
Medical offices shall also include facilities that dispense controlled
substances pursuant to NYS Public Health Law beyond those that may
be dispensed by a pharmacist. Medical offices shall not be used as
places of public assembly.
[Added 8-5-2021 by L.L. No. 16-2021]
The combination of retail or office use, accessible to the
public, with residential use in the same structure.
A one-family home or residence altered to include an apartment for which a conditional use permit shall have been duly approved by the Board of Zoning and Appeals pursuant to § 70-225B(6) and which complies with the following conditions:
The apartment is no larger than 700 gross square feet;
The cooking facilities in the apartment do not exceed 60 square
feet;
The fee owner resides within the premises;
The apartment resident is either the parent or the child of
the fee owner;
The premises do not have a separate entrance for the exclusive
use of the apartment;
There is no exterior stairway to the second floor of the building;
The premises have only one set of stairs leading from any one
floor to any other floor;
The premises are served by only one meter for each utility supplied;
and
There is no exterior deck attached to any floor above ground
level.
If any of the conditions listed above cease to exist, then the premises shall cease to be a mother-daughter residence, the conditional use permit shall expire immediately and the cooking facilities shall be removed in accordance with § 70-225B(6).
A use or building or portion of a building in which mechanical,
electrical or other similar power is used in the repair of motor vehicles
or in which commercial motor vehicle repair work is done.
A residence building accommodating three or more families
living independently of each other and allowed to do their own cooking
on the premises.
A building or location for the storage, staging, preparation,
and maintenance of vehicles and equipment operated by a duly recognized
municipal or volunteer fire company, fire department or fire district
for use by on-call firefighters and emergency medical service personnel.
[Added 5-14-2024 by L.L. No. 3-2024]
The area identified by the Town Board of the Town of North
Hempstead for the undertaking of urban renewal activities pursuant
to the New Cassel Urban Renewal Plan.
The overlay district established pursuant to and governed by Article XXB of this chapter.
The urban renewal plan, as same may be amended from time
to time, formulated and considered in accordance with Article 15 of
the General Municipal Law, and approved by the Town Board of the Town
of North Hempstead at its meeting held on August 12, 2003, pursuant
to Resolution No. 280-2003.
The document entitled "Seeking a Shared Vision for New Cassel-New
Cassel Vision Plan," which was accepted by the Town Board of the Town
of North Hempstead pursuant to Resolution No. 98-2003, adopted at
its meeting held on March 11, 2003.
A building which lawfully existed prior to the enactment
of this Code, or any amendment thereto, and which is maintained after
the effective date thereof although it does not conform to the area
and setback regulations of the district in which it is located (i.e.,
lot area, width or depth; front, side or rear yards; maximum height;
lot coverage; etc.).
[Amended 7-10-2012 by L.L. No. 11-2012]
A use, whether of a building or tract of land, or both, which
lawfully existed prior to the enactment of this Code, or any amendment
thereto, and which is maintained after the effective date thereof
although it does not conform to the use regulations of the district
in which it is located.
[Added 7-10-2012 by L.L. No. 11-2012]
As used in the Building Department fee schedule established pursuant to § 2-28C, where substantive changes, modifications, alterations or improvements were made to the work contemplated in the approved building permit and/or plans and specifications which accompanied same, and for which substantive changes, modifications, alterations or improvements were performed without the filing of a new building permit application.
A social and educational program, not located in a private
residence, that provides care for three- to five-year olds, and often
follows a school-year schedule. Care is restricted to a maximum of
three hours per day per child.
A skilled nursing facility licensed by the State of New York
to provide full-time convalescent or chronic health care under medical
supervision to individuals of any age who are unable to fully care
for themselves, but not including facilities for surgical care or
institutions dedicated to the care and treatment of mental illness,
alcoholism or narcotics addiction. No nursing home shall contain any
uses other than those permitted pursuant to applicable regulations
of the State of New York and the nursing home's operating certificate
issued pursuant thereto.
A roofed open structure projecting from the outside wall
of a building without a window sash or any other form of enclosure.
The area on a lot that is not covered by structures or paving
for parking of automobiles and the access to that parking. Open space
includes all landscaped area and patios on grade.
The off-street paved or surfaced area available and usable for the parking of one motor vehicle, having dimensions of not less than 10 feet by 20 feet, exclusive of aisles, driveways, passageways and other necessary space appurtenant thereto and having direct usable access to a street. In satisfying the off-street parking requirements as set forth in § 70-103, for nonmedical office use and industrial use, up to but not exceeding 20% of the off-street parking spaces may have dimensions of not less than nine feet by 18 feet and shall be so designated. With respect to all other uses, all off-street parking spaces must have dimensions of not less than 10 feet by 20 feet. Whenever parking requirements are calculated on the basis of floor area or space, all calculations should be made using the gross floor area, as defined in § 70-231.
Includes individual, firm, corporation, partnership, association
or other agency of voluntary action.
A structure of no more than 144 square feet, with a maximum
height of 10 feet, not having a firm attachment to the ground, for
the storage of garden and recreational equipment.
[Amended 1-29-2019 by L.L. No. 3-2019]
The elevation of the land prior to commencement of any alteration,
grading or construction at the premises.
Includes the land and all buildings or structures thereon.
The building which houses the principal purpose for the utilization of the lot, as permitted under this chapter, excluding any accessory building or permitted encroachments as defined in § 70-101.
[Added 7-10-2012 by L.L. No. 11-2012]
A detached accessory building or part of the main building
used for the storage of not more than two noncommercial automobiles
or one commercial vehicle and one noncommercial automobile, owned
and used by the occupant of the plot on which the main building is
erected and in which no business or service is conducted. Any such
commercial vehicle must be kept within the garage at all times and
shall not contain any flammable, combustible, explosive, toxic or
offensive-smelling material. Such accessory structure shall not exceed
26 feet in width and 24 feet in depth, with garage doors not to exceed
eight feet in height.
When specified in reference to yard waste, the term "processing"
shall mean the practice of removing easily discernible contaminants
from incoming yard waste loads, prior to the transfer of yard waste
to permitted composting centers or other types of permitted organic
recycling facilities.
[Added 3-19-2019 by L.L.
No. 6-2019; amended 8-5-2021 by L.L. No. 16-2021]
An office maintained by a doctor, dentist, lawyer, teacher,
artist, architect, engineer, accountant, ophthalmic dispenser or musician
in the dwelling in which such person resides, provided that such office
does not occupy more than 50% of the habitable floor space on the
first floor or more than 25% of the habitable floor space of a one-story
dwelling and not more than one assistant or employee is employed by
such person, and further provided that there is no alteration or change
to the exterior of such dwelling which modifies its residential character
or use, or the use thereof has no feature which is offensive, annoying
or harmful to public health, safety or general welfare by reason of
noise, glare, vibration, odor, radiation, dust, fumes or undue traffic.
A use or building, or portion of a building, used for the
commercial storage, rental and/or minor repair of motor vehicles.
A building, portion of a building or group of buildings that provides dwellings in a residential environment, subject to the regulations set forth in Article IX of this chapter, and which is owned or operated by one of the following:
[Added 6-29-2010 by L.L. No. 7-2010]
The North Hempstead Housing Authority; or
An entity that is working under contract with the North Hempstead
Housing Authority; or
A limited partnership whose general partner is the North Hempstead
Housing Authority or an entity owned, operated and controlled by the
North Hempstead Housing Authority.
A yard across the full width of the lot extending from the
rear line of the building to the rear line of the lot, measured between
the side property lines.
A portion of a residence building housing not more than two
families and separated from another unit by a party wall. Such unit
shall be considered a separate building.
A business engaged in the preparation and sale of food and
beverages for consumption either on or off the premises that is not
a retail food use.[3]
[Amended 3-20-2018 by L.L. No. 2-2018]
A retail establishment which cooks, prepares and sells ready-to-serve
food and may offer for sale prepackaged food or beverages primarily
for off-premises consumption, which may have no more than 12 seats.
[Added 3-20-2018 by L.L.
No. 2-2018]
All walls and other structures of any construction which
are intended to, or which in fact, retain or support adjoining earth
or rock.
A building consisting of noncommunicating one-family dwelling
units, each having its own front and rear entrance. Where a row dwelling
contains more than two dwelling units, the walls separating dwelling
units shall be constructed and have fire-resistant ratings as follows:
The wall separating the second and third dwelling units shall be constructed
of wire lath and cement plaster having a fire-resistant rating of
not less than one hour. The wall separating the fourth and fifth dwelling
units shall be of eight-inch masonry construction with a fire-resistance
rating of not less than four hours. Similar construction of separating
walls shall continue throughout the building, so that for a row dwelling
containing the maximum of 16 families, there shall be four separating
walls of wire lath and cement plaster and three separating walls of
eight-inch masonry. The determination of the location of separating
walls as required herein may be made from either the left or right
exterior sidewalls of the building.
An institution other than one required to be licensed under
the Mental Hygiene Law of the State of New York.
A building, portion of a building or group of buildings that
provide dwellings in a residential environment where individual cooking
facilities are limited to microwave ovens and/or cooktops, with assistance
available by way of common meals, housekeeping and personal services.
Occupancy is restricted to persons 62 years of age or older or couples,
one of whose member is 62 years of age or older who may have difficulties
with one or more essential activities of daily living, such as feeding,
bathing, dressing or mobility.
A facility intended to provide for the specialized living and/or daily caregiving needs of persons 62 years of age or older, including senior independent-living facilities, senior congregate-housing facilities, senior assisted-living facilities and senior day-care facilities, except as described in § 70-95.1C.
[Amended 10-21-2014 by L.L. No. 17-2014]
A building, portion of a building or group of buildings containing
three or more dwelling units where individual cooking facilities are
limited to microwave ovens and/or cooktops, specially designed for
use and occupancy by the elderly, including a common dining facility
and other common amenities and whose occupancy is restricted to persons
62 years of age or older or couples, one of whose member is 62 years
of age or older.
A facility with limited operating hours where specialized
caregiving and supervision are provided for three or more adults who
may have difficulties with one or more essential activities of daily
living, such as feeding or mobility, away from their own homes for
less than 24 hours per day.
A building, portion of a building or group of buildings containing dwelling units with full kitchens specially designed for use and occupancy by the elderly which may have common amenities but no common dining and whose occupancy is restricted to persons 62 years of age or older or couples, one of whose member is 62 years of age or older, except as described in § 70-95.1C.
[Amended 10-21-2014 by L.L. No. 17-2014]
A building or group of buildings that contain any combination of two or more residential senior citizen facilities, nursing homes or senior day-care facilities on the same site restricted to persons 62 years of age or older or couples, one of whose member is 62 years of age or older, not necessarily regulated under Article 46 of the New York State Public Health Law, except as described in § 70-95.1C.
[Amended 10-21-2014 by L.L. No. 17-2014]
Any two or more contiguous retail stores, restaurants, shops
for personal services and other places of business, originally planned
and developed as a single unit, with adjoining off-street parking.
A yard between the side of the building and the corresponding
side line of the lot and extending from the front lot line to the
rear lot line in the case of a single building on the front portion
of the lot. In the case of a rear building on the back portion of
a lot, the side yard shall be the yard between the side of said rear
building and the corresponding side line of the lot and extending
from the front face of said rear building to the rear line of the
lot.
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, symbol, marks, letters
or figures painted on or incorporated in the composition of 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.
A theoretical inclined plane through which no portion of
a building, other than cornices or eaves projecting not more than
18 inches, gutters projecting not more than eight inches and chimneys,
may penetrate. It begins at a lot line or other predetermined plane
and rises over the zoning lot at a ratio of vertical distance to horizontal
distance as set forth in the district regulations.
That part of any building between the surface of one floor,
except a cellar or basement floor, and the surface of the next highest
floor or, if there is no higher floor, then that part of the building
between the surface of the highest floor and the ceiling above, except
an attic ceiling.
Any public thoroughfare or space more than 20 feet in width
which may or may not have been dedicated or deeded to the public for
public use.
Any property line which abuts a street.
[Added 7-10-2012 by L.L. No. 11-2012]
The distance between the boundary lines of a lot when measured
along any property line abutting a public street.
The line dividing a lot from a street.
A combination of materials, other than a building, to form
a construction that is safe and stable, including, among others, stadiums,
gospel and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks and towers, trestles, piers, wharves,
sheds, commercial coal bins, display signs, fences, retaining walls,
outdoor fireplaces, pools and pergolas. The term "structure" shall
be construed as if followed by the words "or part thereof."
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.
A facility providing housing on a temporary basis to a limited
population upon individual referral by a state or federal agency.
Such facilities are staffed full time and may have full- or part-time
medical staff on premises and often provide on-site counseling services.
Such facilities are not acute care or nursing facilities.
[Added 1-24-2012 by L.L. No. 2-2012]
An open porch without a permanent roof.
Includes all areas of the Town unincorporated as a village
on January 1, 1938, and all areas within the Town and within a village
incorporated prior to January 1, 1938, which did not have a valid
zoning ordinance on January 1, 1938.
The public benefit corporation duly organized and validly existing under Article VIII of the New York Public Authorities Law.
[Added 3-19-2019 by L.L.
No. 6-2019]
A structure of sufficient height and width to divide traffic
flowing in opposite directions.
Any vehicle designed or equipped to be used or used for sleeping,
living or eating, and designed to move or be moved from place to place
on wheels, and to be propelled by its own power or drawn or propelled
by another vehicle.
A solid waste management facility, other than a recyclables handling and recovery facility exclusively handling nonputrescible recyclables, that can have a combination of structures, machinery or devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another solid waste management facility. For the purposes of this Chapter 70, the definitions of "solid waste" and "solid waste management facility" shall be those which appear at Chapter 46 of this Code.
One where the provisions of the definition for "two-story
building" are complied with and where the main eaves are below the
midheight of the third story.
Residence units, as defined by this chapter, each arranged
for two families, separated by an eight-inch masonry fire wall as
a party wall.
A dwelling designed for and occupied exclusively as a home
or residence for not more than two families.
Any building where the area of the second floor is equal
to at least 75% of the area of the first floor.
Includes designed, intended or arranged to be used.
The listed uses permitted in various districts. The listing
of any uses as being permitted uses in any district shall be deemed
to mean that such uses and no other shall be permitted in such district
unless specifically permitted in this chapter. The listing of any
use as being permitted in or as being excluded from a particular district
shall be deemed to be an exclusion of such use from any more restricted
district unless specifically permitted by this chapter. Each of the
hereinafter-named districts shall be deemed to be more restricted
than the districts which succeed it and less restricted than the districts
which precede it: Residence AAA, Residence AA, Residence A, Residence
B, Residence C, Residence D, Multiple Residence, Public Housing Residence,
Golden Age Residence, Parking, Transportation, Business AA, Business
A, Business B, Planned Industrial Park, Industrial A, Modified Planned
Industrial Park, Service Commercial and Industrial B Districts.
A service providing for attendants to receive, park and deliver
the automobiles of occupants, tenants, customers and visitors.
A structural opening in an exterior wall that has the lower
sill flush or nearly flush to the driving surface and which has an
unobstructed width of greater than six feet and unobstructed height
of at least seven feet. Obstructions that are nonstructural in nature,
such as partial/low walls, false walls, or decorative pilasters/mullions,
shall not be considered as permanent obstructions for the purpose
of this definition.
[Added 8-5-2021 by L.L. No. 16-2021]
A space located within a drive-through lane, having dimensions set forth in § 70-203S, utilized for the temporary stopping or queuing of a vehicle accessing or waiting to access a drive-through facility.
An activity or use requiring direct access to water which
can be conducted only on, in over or adjacent to Town waterways and
which involves the use of waterways as an integral part of such activity.
The mean width measured at right angles to its depth.
An open and unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
Wastes generated by a home or business owner, or landscaping
company, including but not limited to leaves, grass clippings, shrubbery,
trees, chipped wood, brush, mulch, and weeds.
[Added 3-19-2019 by L.L.
No. 6-2019]
A facility in which the primary activity is the collection
and processing of yard wastes for sorting and transfer to permitted
composting centers or other types of permitted organic recycling facilities.
[Added 3-19-2019 by LL
No. 6-2019]
[1]
Editor’s Note: The former definition of “delicatessen,”
which immediately followed, was repealed 3-20-2018 by L.L. No. 2-2018.
See now the definition of “retail food use.”
[2]
Editor’s Note: The former definition of "front street,"
which immediately followed, was repealed 7-10-2012 by L.L. No. 11-2012.
See now the definition of "street front."
[3]
Editor’s Note: The former definition of “restaurant,
fast food,” which immediately followed, was repealed 3-20-2018
by L.L. No. 2-2018.
