ACCESSORY BUILDING -- A subordinate building, the use of which is incidental to that of the principal building.
ACCESSORY STRUCTURE -- Any structure no greater than 15 feet in height, which does not exceed 10% of lot coverage, which is considered incidental to the primary use of the property, included in the calculation of overall lot coverage, encroaching no closer than five feet to the property boundary lines when attached to the primary structure, excluding stoops, stairs, chimneys, vents and on-grade HVAC units, and other electrical or plumbing appurtenances; and when said structure is detached requires a setback of at least two feet from the property boundary lines, not included beyond the front line of the primary structure, and constructed on buildable lots and parcels contiguous to those of the primary structures. [Added 4-18-2000 by L.L. No. 4- 2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
ACCESSORY USE -- A use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use or building.
ALTERATION -- As applied to a building or structure, a change, modification or rearrangement in any part, or the moving from one location or position to another. Ordinary repairs shall not be considered "alterations."
AREA, BUILDING -- The aggregate of the horizontal cross-section area of the building on a lot, excluding one-story accessory buildings, whether attached or unattached, and excluding cornices, eaves, gutters and chimneys projecting not more than twenty-four (24) inches, steps, one-story open porches, bay windows not extending through more than one (1) story and not projecting more than three (3) feet, balconies and terraces.
AREA, HABITABLE FLOOR -- Interior space in a dwelling with a height from floor to ceiling of not less than seven (7) feet six (6) inches, which is usable for ordinary residential purposes. This does not include utility rooms or storage space other than clothes closets.
BASEMENT -- That space of a building that is partly below grade which has more than one-half () of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BUILDING -- Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.
BUILDING AREA -- Includes all accessory structures and is included in the calculation of the overall lot coverage. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
BUILDING DEPARTMENT, SUPERINTENDENT OF -- The person designated by the Board of Trustees to administer the Building Department and enforce the provisions of this chapter.
BUILDING HEIGHT -- The vertical distance measured from the established grade curb level at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE -- See "setback line."
BUILDABLE LOTS OR PARCELS -- Areas of contiguous land used for the purpose of erecting a structure or creating a definable use as cited in the Zoning Ordinance. [Added 4-18- 2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
BUILDING, PRINCIPAL -- A building in which the primary use of the premises is conducted.
CARPORT -- A structure not more than one (1) story in height, without walls, doors or other enclosures on at least two (2) sides, the floor of which rests upon the ground, used exclusively for the storage or parking of not more than two (2) motor vehicles and which is accessory to a private dwelling. [Added 12-4-1990 by L.L. No. 17-1990]
CELLAR -- That space of a building that is partly or entirely below grade, which has more than one-half (1/2) of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CLASS A MULTIPLE DWELLING -- A multiple dwelling which is occupied, as a rule, for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects and all other dwellings except Class B multiple dwellings. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
CLASS B MULTIPLE DWELLING -- A multiple dwelling which is occupied, as a rule, transiently, as a more or less temporary abode of individuals or families who are lodged with or without meals. This class shall include hotels, lodging houses, rooming houses, boardinghouses, boarding schools, furnished room house, lodgings, clubhouses, college and school dormitories and dwellings designed as private dwellings but occupied by one or two families with five or more transient boarders, roomers or lodgers in one household. [Added 4-18-2000 by L.L. No. 4- 2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
COMMUNITY RESIDENCE -- A facility for mentally disabled persons as defined by the Mental Hygiene Law and the rules and regulations issued thereunder.
CONVERTED DWELLING -- A dwelling erected before April 18, 1929, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling; or a dwelling three stories or less in height to be occupied by one or two families living independently of each other and subsequently occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two-story building and one family on each floor in a three-story building. A converted dwelling occupied as a Class A multiple dwelling is a Class A converted dwelling; every other converted dwelling is a Class B converted dwelling. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
COURT -- An open, unoccupied space bounded on three (3) or more sides by the exterior walls of a building or buildings, or exterior walls and interior lot lines on which walls are allowable.
CURB LEVEL -- For the purpose of measuring the height of any portion of a building, the level of the curb at the center of the front of the building, except that where a building faces on more than one (1) street, the "curb level" is the average of the levels of the curbs at the center of each front.
DECKS -- An accessory structure with a platform height of 18 inches or higher above street elevation, with permanent footings with an area coverage greater than 100 square feet, attached and encroaching no closer than five feet to the property boundary lines when attached to the primary structure and when said structure is detached requires a setback from the property boundary lines of a minimum of two feet from the primary structure and/or accessory structure. All decks shall be considered an accessory structure. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
DWELLING -- A building designed or used exclusively as the living quarters for one (1) or more persons.
DWELLING, MULTIPLE -- One (1) of the following:
(1) A building containing three (3) or more dwelling units.
(2) A building containing living, sanitary and sleeping facilities, occupied by one (1) or two
(2) families and more than two (2) lodgers residing with either one (1) of such families.
(3) A building with one (1) or more sleeping rooms other than a one- or two-family dwelling used or occupied by permanent or transient paying guests or tenants.
(4) A building with sleeping accommodations for more than five (5) persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
(5) A building used or occupied as a convalescent, old age or nursing home, but not including private or public hospitals or public institutions.
(6) A community residence.
(7) A building for senior citizens, intended primarily for persons sixty-two (62) years old or more, who are in good physical condition and who do not require physical assistance.
DWELLING, ONE-FAMILY -- A building designed for and occupied by one (1) family.
DWELLING, TWO-FAMILY -- A building designed for or occupied by two (2) families living independently of each other, with separate cooking and sanitation facilities. This may be either a semidetached house the two (2) parts of which share a party wall, each side housing not more than one (1) family, or a dwelling containing separate quarters for one family over the quarters of the other family.
DWELLING UNIT -- A dwelling or portion thereof providing complete living facilities for one (1) family.
FAMILY -- Either a person occupying a dwelling and maintaining a household, with not more than two boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a family shall mean a person within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein. [Amended 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been amended as per Local Law No. 4-2000.
GARAGE, PRIVATE -- A building used only for the storage of motor vehicles commonly used for pleasure only, except as otherwise specifically provided in-any zone.
GARAGE, PUBLIC -- A building used commercially for the storage, repair (excluding body work and painting), rental, greasing, washing, servicing, adjusting or equipping of motor vehicles.
GARDEN-TYPE MAISONETTE DWELLING PROJECT -- A series of attached, detached or semidetached dwelling units which are provided as a group collectively with all essential services, such as but not limited to water supply and house sewers, and which units are located on a site or plot not less than 20,000 square feet in area under common ownership and erected under plans filed with the Department on or before April 18, 1954, and which units together and in their aggregate are arranged or designed to provide three or more apartments. [Added 4-18- 2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
GASOLINE SERVICE STATION -- Any area of land, including structures thereon, that is used or designed to be used for supplying gasoline, oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, cleaning or servicing such motor vehicles.
GRADE -- The natural surface of the ground, or surface ground, after completion of any change in contour, including the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relative thereto.
HABITABLE ROOM -- A room or enclosed floor space used or intended to be used for living, sleeping, cooking, recreation or eating purposes, excluding stairways, bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces.
HOME OCCUPATION -- Any customary handicraft for gain conducted only by members of a family residing on the premises, and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.
KITCHENETTE -- Space, less than sixty (60) square feet in floor area, used for cooking or preparation of food and not deemed habitable space.
LODGING HOUSE -- A multiple dwelling, other than a hotel, a rooming house or a furnished room house, in which persons are housed for hire for a single night, or less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
LOT -- Any single parcel of land.
LOT, CORNIER -- A parcel of land at the junction of and fronting on two (2) or more intersecting streets.
LOT, DEPTH OF -- The mean distance from the street line of the lot to its opposite line, measured in the general direction of the side lines of the lot. In a corner lot the depth is the longer dimension thus measured.
LOT, INTERIOR -- A lot other than a corner lot.
LOT, WIDTH OF -- The mean dimension of the lot measured at right angles to its depth.
MEANS OF EGRESS -- A continuous unobstructed way of exit from any point in a building or structure to a public way. A means of egress comprises the vertical and horizontal ways of travel and includes intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
MEZZANINE -- An intermediate floor, between the floor and ceiling of any space, which extends over only a part of the floor area next below.
MOTOR VEHICLE -- Any and all devices, in, upon or by which any person or property is or may be transported, operated upon a public highway or public street, propelled by any power other than muscular power, including but limited to trucks, tractors, trailers, semi-trailers, taxis, mobile homes, motor homes, boats and landscaping equipment. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
NONCONFORMING USE -- A use of land or building which lawfully existed prior to the enactment of any regulation which prohibited such use and which is maintained after the date of the adoption of such regulation. For the purposes of this definition, the earliest regulation referred to herein shall be the Village of Hempstead Building Zone Ordinance of 1930.
PARKING FIELD, BUSINESS -- An area, together with means of ingress and egress, owned, leased and operated by private enterprise and used for the parking of vehicles as a commercial enterprise where a fee is charged for parking.
PARKING FIELD, MUNICIPAL -- An area, together with means of ingress and egress, owned or leased and operated by the village and used for the parking of vehicles.
PARKING FIELD, PRIVATE -- An area, together with means of ingress and egress, owned, leased and operated by private enterprise and used for the parking of motor vehicles as an accessory to a commercial use and for which no fee for parking is charged, or used for the parking of motor vehicles by the occupants of a multiple residence as an accessory thereto, whether or not a fee is charged, provided further that said parking area shall be graded so that the drainage water will be deposited in the approximate center of the field and shall drain into adequate dry wells.
PLACE OF ASSEMBLY -- A room or space where forty-nine (49) persons or less gather for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.
PLACE OF PUBLIC ASSEMBLY -- A room or space where fifty (50) or more persons gather for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.
SENIOR CITIZEN -- A person sixty-two (62) years old or more who is in good physical condition and does not require physical assistance.
SETBACK LINE -- The nearest point to the street line at which a building may be erected in conformity with this chapter. The setback of a building shall be measured from the street line to the nearest part of the building which is covered by a roof.
SHEDS -- An accessory structure greater than 15 feet in height which does not exceed more than 10% of lot coverage, which is considered incidental to the primary use of the property, included in the calculation of overall lot coverage, encroaching not closer than five feet to the property boundary lines when attached to the primary structure, with permanent footings, an area coverage greater than 100 square feet when attached or detached from the primary structure and/or accessory structure. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definition has been added as per Local Law No. 4-2000.
SPLIT-LEVEL DWELLING -- A dwelling of at least two (2) stories, and containing at least one thousand five hundred (1,500) square feet of habitable floor area, and so arranged that no substantial part of the next higher story of the building is directly over the story immediately lower. Each successive story shall be four (4) or more feet higher than the next lower story. If the garage level contains any space used for habitation, other than storage, recreation room or a home workshop, it shall be counted as a story.
STORY -- That portion of a building which is between one floor level and the next higher floor level or the roof. The ground or first story of a building is the lowest story thereof which has its floor level entirely above the level of the ground, except when the ground story has a ceiling seven (7) feet six (6) inches or more above the curb level, it shall be considered as a "story" in determining the height of a building.
STORY, HALF -- A story, under a roof other than a flat roof, the rafter plates of which on at least two (2) opposite walls are less than three (3) feet above the floor thereof.
STREET LINE -- The dividing line between a public or private street and a lot.
SWIMMING POOL -- All swimming pools shall be considered an accessory structure. [Added 4-18-2000 by L.L. No. 4-2000]
TENEMENT -- Any building or structure or any portion thereof which is occupied, wholly or in part, as the residence of three families or more living independently of each other and doing their cooking upon the premises, and includes apartment houses, flat houses and all other houses so erected and occupied, except that a tenement shall not be deemed to include any converted dwelling. An "old-law tenement" is a tenement existing and recorded as such in this Department, except that it shall not be deemed to include any converted dwelling. [Added 4-18-2000 by L.L. No. 4-2000]
TRANSIENT DWELLING -- Includes hotels, lodging houses, community residences, homeless shelters, halfway houses, group day-care centers, boarding and nursery schools, sorority houses, fraternity houses, college and school dormitories, convalescent, old-age and nursing homes, halfway houses, any recovery center or any dwellings that house individuals for recovery, including, but not limited to recovery for abused women, abused men, abused children and drug addicts, and dwellings used for single room occupancy. This applies to one-family houses, one- and two-story transient dwellings three or more stories in height that are in existence, and to all new transient dwellings. [Added 4-18-2000 by L.L. No. 4-2000]
TRANSIENT OCCUPANCY -- The occupancy of a room for sleeping purposes by the same person or persons for a period of 30 days or less. [Added 4-18-2000 by L.L. No. 4-2000]
**Webmasters Note: The previous definitions, Swimming Pool through Transient Occupancy, have been added as per Local Law No. 4-2000.
TWO-STORY BUILDING -- A building having not more than two (2) floors and having habitable floor area on the second floor accessible by a permanent stairway.
YARD, FRONT -- The open, unoccupied space, within and extending the full width of the lot, between the street line and any part of the building nearest to such line.
YARD, REAR -- The open space, unoccupied except for permitted accessory buildings, running the full width of the lot, between the nearest part of the rear wall of the building throughout its height and the rear line of the lot. In the case of a lot on the corner of two (2) or more streets, either lot line not bordering on a street may be selected by the owner to be the rear line, provided that the owner notes the same on the plans officially filed with the Superintendent of the Building Department. In case of a gore lot between two (2) streets meeting at an angle of ninety degrees (90') or less, the lot line which is not also a street line shall be considered a side lot line and not a rear lot line.
YARD, SIDE -- The open, unoccupied space within the lot between a side lot line or its vertical projection and the parts of the building nearest to such side line. Such a "side yard" shall extend through from the street line or the front yard, if such is required, to the rear yard, if such is required, or to the rear lot lines.
YARD, SIDE, WIDTH OF -- The least distance between the side lot line or its vertical projection and the wall nearest to the side lot line.
SWIMMING POOL OR POOL -- A receptacle for water, or an artificial pool of water, having a depth at any point of more than eighteen (18) inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment.
DEPARTMENT -- The Village of Hempstead Corporation Counsel.
NOTICE :
A. FIRST NOTICE -- "First notice" that prohibited conduct has occurred shall be given to an owner of the affected real estate by means of certified or registered mail, return receipt requested. Where there are multiple owners, said notice shall be sent to at least one (1) of the owner's addresses as recorded with the Nassau County Clerk. If for any reason the return receipt is not received by the Village of Hempstead, then the notice requirement shall be fulfilled by affixing the notice to the door at the address of at least one (1) of the owners of the premises, as recorded with the Nassau County Clerk. The notice must contain a statement of the date or dates upon which prohibited conduct took place on the property, the nature of the prohibited conduct and a listing of all conduct or occurrences that are considered prohibited conduct under this Article. It must inform the owner of his obligation to cause the prohibited conduct to cease and must advise the owner that, upon the further occurrence of any prohibited conduct, action pursuant to this Article will be commenced by the Village of Hempstead.
B. FINAL NOTICE -- "Final notice" shall be sent to an owner when there is a further occurrence of prohibited conduct within one (1) year of the first notice being given to an owner. The final notice must be sent by the authorized methods for a first notice and must contain the same information as contained in the first notice. It must further inform an owner of the further occurrence of prohibited conduct and inform an owner that be or she is required within five (5) days to cause the prohibited conduct to cease and, if necessary, to make an application to a court of appropriate jurisdiction to accomplish the abatement of the prohibited conduct by any and all nonowner occupants. The notice must further state that if an owner does not take such action within five (5) days of the notice, the Village of Hempstead, pursuant to the provisions of this Article, will bring necessary proceedings for any remedies set forth in this Article as though the village were the owner of the premises.
OWNER -- Any person, individual, association, entity or corporation in whose name the affected real estate is recorded with the Nassau County Clerk.
PROHIBITED CONDUCT :
A. Any conduct or occurrence that is in violation of the following Articles or sections of the New York State Penal Law:
(1) Article 220, Controlled Substances Offenses.
(2) Article 230, Prostitution Offenses.
(3) Article 225, Gambling Offenses.
(4) Sections 221.40, 221.45, 221.50 and 221.55 (criminal sale of marijuana in the fourth through first degree).
(5) Sections 165.45, 165.50, 165.52 and 165.54 (criminal possession of stolen property in the fourth through first degree).
(6) Sections l65.09 and l65.10 (auto stripping in the second and first degree).
(7) Section 170.65, Forgery of a vehicle identification number.
(8) Section 170.70, Illegal possession of a vehicle identification number.
B. Any conduct, either unlawful in itself or unreasonable under all the circumstances, that creates or results in the maintaining of a condition which endangers the safety or health of a: considerable number of persons or creates or results in the maintenance of any premises or place where persons gather for the purpose of engaging in unlawful conduct.
PUBLIC NUISANCE -- Any building, residence, premises or place where an owner thereof has been given first notice that prohibited conduct has occurred therein or thereon and, within a period of one (1) year after said first notice has been given, there is an additional occurrence of any prohibited conduct therein or thereon.
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 THEATRE -- A drive-in theater that customarily presents motion pictures that are not open to the public generally but exclude 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 entertainment 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 ESTABLISHMENTS -- 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.
AGL (ABOVE GROUND LEVEL) -- The actual height of the PWSF from the ground to the highest part of the mount or the antenna, whichever is higher.
ANTENNA -- A whip (omni-directional antenna), panel (direction antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals.
ANTENNA ARRAY -- An antenna array is one or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The antenna array does not include the mount as defined herein.
APPLICANT -- A person or entity with an application before the Village for a permit for a PWSF. The applicant must be a carrier, a landowner where the facility will be located or the proposed owner of the facility. A carrier must be either the applicant or the co-applicant on each application. If the proposed PWSF is for two or more carriers, each carrier must file its own application as either the applicant or co-applicant.
CAMOUFLAGE -- A way of painting and mounting a PWSF that requires minimal changes to the host structure in order to accommodate the facility.
CARRIER -- A company licensed by the Federal Communications Commission (FCC) to provide personal wireless services. A tower company, a tower management firm or a tower builder is not a carrier.
CELLULAR -- A mobile telephone service operating in the 800 MHz spectrum.
CO-APPLICANT -- A person or entity that joins with an applicant in an application before the Village for a permit for a PWSF. The co-applicant can only be a carrier, a landowner where the facility will be located or the proposed owner of the facility. A carrier must be either the applicant or the co-applicant on each application. If the proposed PWSF is for two or more carriers, each carrier must file its own application as either the applicant or co-applicant.
COLLOCATION -- The use of a common support structure or common site by two or more PWSFs or by one carrier for more than one type of communications technology.
COMMERCIAL MOBILE RADIO SERVICES -- Per Section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.
COMMON CARRIER WIRELESS EXCHANGE SERVICES -- Those services which initiate, relay or terminate a local exchange carrier's or competitive local exchange carrier's telephonic message via a wireless connection.
CONCEAL -- To enclose a PWSF within a natural or man-made feature resulting in the facility being either invisible or made part of the feature enclosing it.
DESIGN -- The appearance of PWSFs such as their materials, colors and shape.
DISGUISE -- To design a PWSF to appear to be something other than a PWSF.
ELEVATION -- The measurement of height above sea level; also "AMSL," or above mean sea level.
ENHANCED SPECIALIZED MOBILE RADIO (ESMR) -- Private land mobile radio with telephone services.
EQUIPMENT CABINET/EQUIPMENT SHELTER -- An enclosed structure at the base of the mount within which are housed the equipment for the PWSF, such as batteries and electrical equipment.
FALL ZONE -- The area on the ground within a prescribed radius from the base of a PWSF. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material.
FEDERAL COMMUNICATIONS COMMISSION (FCC) -- An independent federal agency charged with licensing and regulating wireless communications at the national level.
FUNCTIONALLY EQUIVALENT SERVICES -- Cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.
GUYED TOWER -- A monopole or lattice tower that is anchored to the ground or to another surface by diagonal cables. This article prohibits guyed towers.
HEIGHT -- The distance measured from above ground level (AGL) to the highest point of a PWSF, including the antenna array. For purposes of measuring height, all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall (i.e., combined) height.
LATTICE TOWER -- A type of mount that is usually ground-mounted and self-supporting with multiple legs and cross-bracing of structural steel. This article prohibits lattice towers.
LOCATION -- The area where a PWSF is located or proposed to be located.
MITIGATION -- The reduction or elimination of visual impacts by the use of one or more methods:
A. Concealment.
B. Camouflage.
C. Disguise.
MODIFICATION -- The changing of any portion of a PWSF from its description in a previously approved permit. This includes upgrading to different technologies such as 2.5G or 3G. The FCC definitions for "modification" are different from local government rules.
MONOPOLE -- The shape of mount that is self-supporting with a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.
MOUNT -- The structure or surface upon which antennas are mounted, e.g.:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground.
D. Structure-mounted: mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY (PWSF) -- Facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount.
PERSONAL WIRELESS SERVICES -- Any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless communications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR) and paging, as well as unlicensed wireless services and common carrier wireless exchange access services.
RADIO FREQUENCY RADIATION (RFR) -- The emissions from PWSFs that can, in excessive amounts, be harmful to humans. RF emissions are directly related to the power density of the RF signal.
RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a PWSF. A signal is the deliberate product of a PWSF and an RF emission is part of the signal.
SECURITY BARRIER -- A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SHORT MOUNTS -- Alternatives to monopoles or guyed and lattice towers, such as masts or poles; for example, two poles or three masts might be an alternative to one monopole.
SITE -- That portion of a subject property where a PWSF is to be placed. Any acceptable location may have several potential sites within it.
SITING -- The method and form of placement of PWSFs on a specific area of a subject property.
SPECIALIZED MOBILE RADIO (SMR) -- A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. Used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.
SPECIAL USE PERMIT -- An authorization of a PWSF in accordance with this article and as provided for in New York State Village Law §§ 7-725-b.
STANDARDS -- Rules or measures by which acceptability is determined. PWSFs are measured by standards measuring visibility or safety. Wireless planning tends to regulate PWSFs on three bases: submittal of the application, performance of the PWSF and operation of the PWSF.
TOWER -- A term used as a modifier (e.g., tower builder) or when modified (e.g., lattice tower). A monopole is not a tower. PWSFs are not towers.
UNLICENSED WIRELESS SERVICES -- Commercial mobile services that can operate on public domain frequencies and therefore need no FCC license for their sites, including Wi-Fi and Wi-Max.
UTILITY POLE -- For purposes of this article, any public, semipublic or quasipublic vertical element in the Village, such as a distribution pole for electricity, a cable pole, a traffic signal stanchion or a light pole. Ideally, a utility pole would already exist and be owned by the Village of Hempstead.
WIRELESS COMMUNICATIONS -- Any form of signaling by wireless, including personal wireless, services that require a transmitter, a receiver and a path, sometimes straight, sometimes indirect, between them.