The raising of fruits, vegetables, nursery stock and the like, and structures incident thereto, including the retail sale of products grown on the premises, but not including the raising, breeding or keeping of animals.

A machine or structure that is intended for the amusement or recreation of a patron, including but not limited to sport-related games such as basketball, golf or football, pinball games, video or computer games and other similar games.

An establishment, other than an animal hospital or veterinary office or clinic principally used for the overnight boarding of animals.

A building for the medical and/or surgical care of sick or injured animals, and including the overnight boarding of such animals for a period of time in connection with primary medical and surgical care.

Any sign that blinks or uses movement or change of lighting to depict action or to create a special effect or changing scene.

Annual household income as defined by the U.S. Department of Housing and Urban Development (HUD) under its HOME Program.

A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

See "dwelling unit."

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.

Computed by using the actual front yard setbacks of existing buildings in the same zoning district within a two-hundred-foot distance from each side yard of the subject property, including any principal building which may exist on the subject property. If the 200 feet is interrupted by an intersection, only the front yard setbacks up to that intersection shall be used in calculating the average. Where existing buildings within 200 feet on either side have a front yard setback which is greater than the maximum required front yard setback as set forth in § 246-5.3, Schedule 246.5.3, Schedule of Dimensional Regulations, the maximum required front yard setback shall be used in the calculation. (See Figure 2-1 at the end of this chapter.)

Any sign of flexible or lightweight fabric or similar material that is mounted or attached to a pole or a building. Flags shall not be considered banners.

A building or any part thereof in which there is primarily served and offered for sale beer, wine, and/or liquor for consumption on premises.

That portion of a building that is partly or completely below grade.

Activities, structural improvements, maintenance procedures, prohibitions of certain practices, and other stormwater management techniques that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

A facility for servicing and constructing watercraft, as well as providing supplies, provisions, out-of-water boat storage, fuel, sewage pumpout accommodations, and facilities for the rental and retail sale of boats, boat engines, and other marine equipment.

Any structure having a roof which is self-supporting, or supported by columns, air pressure or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

A building or structure subordinate to and separated by a distance of more than three feet from the principal building on a lot and used for purposes customarily incidental to those of the principal building. Where an accessory building or structure is attached to the principal building, such accessory building or structure shall be considered part of the principal building. No accessory building or structure shall exceed 1/3 of the maximum permitted building coverage of the district in which it is located; exceed 40% of the building coverage of the principal building on the lot, contain a cooking, sanitary and/or sleeping facility, or be used as a dwelling; or, be located less than three feet from another building. (See Figure 2-3 at the end of this chapter.)

The sum of the maximum horizontal cross-sectional area of the building(s) on a lot, excluding cornices, eaves or gutters not projecting more than 18 inches; one-story unenclosed and unroofed porches, balconies, decks or terraces not more than three feet above grade; steps; and bay windows not extending vertically more than one story and not projecting more than five feet.

The building area and the area of all parking garages divided by the lot area. (See Figure 2-5 at the end of this chapter.)

The mean vertical distance measured from the mean finished grade or existing natural, undisturbed grade (as determined by the Commissioner of the Department of Planning and Development), whichever is lower, adjacent to the exterior walls of the building to the level of the highest elevation of the roof. (See Figure 2-4 at the end of this chapter.)

A building in which is conducted the principal use of the lot on which such building is situated. (See Figure 2-3 at the end of this chapter.)

Any sign indicating the name of a building, date and incidental information about its construction, which sign is of or cut into a masonry surface or made of bronze or other similar quality permanent material.

A shelter or building on a beach or at a swimming pool used as a bathhouse.

Any premises where, in conjunction with the sale or service of food and/or drinks, patrons are intended to dance to live or recorded music and/or to be entertained by performers. The concept of dinner-theater is included within this definition.

Any sign that is part of or attached to an awning, canopy or other plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy. For the purposes of regulation in this section, a canopy sign shall be considered a wall sign.

Any premises, a principal use of which is to regularly serve food and/or alcoholic beverages to patrons on a group basis, for functions, occasions or events, and where the facilities are capable of serving a meal to 99 or more persons at one sitting.

See "basement."

A sign or portion thereof with characters, letters or illustrations that can be electronically changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a for purposes of this section. The following are not considered changeable copy signs for the purposes of this section: a sign on which the only copy that changes is an electronic or mechanical indication of time or temperature; nonelectronic manually changeable signs; and fast food restaurant menu boards located in drive-thru lanes which shall be considered a freestanding or building sign.

Any person, partnership or corporation:

Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

A vehicle bearing a commercial livery or taxi license plate or, in the event the vehicle is not registered, a vehicle that is other than a passenger car, or is designed to refrigerate, cook or sell food or to carry a cargo of flammable or other hazardous materials.

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.

Land, buildings and facilities including a golf course, dining facilities, a yacht club or beach club, or a combination of these uses, for the purpose of accommodating not-for-profit recreational, social and similar activities for the exclusive use of its members.

See "cabaret."

An establishment licensed by the State of New York that is engaged in the care of infants, children or the elderly outside of a family home, where medical care or delinquency correction is not the principal use and where overnight accommodations are not included in the services provided. Family and group family day care is excluded from this definition because it is separately and exclusively regulated by the New York State Office of Children and Family Services.

A unit of measurement of intensity of sound (the sound pressure level).

See "cabaret."

The removal of vegetation or soil, or any filling, draining, grading, excavation or other such activity which alters the condition of land.

Any action to change, interfere with or otherwise destroy natural vegetation beyond that required for customary vegetation management purposes.

Solid particulate matter capable of being air- or gas-borne.

A building containing one or more dwelling units.

A dwelling containing three or more dwelling units. The term shall include "apartment."

A dwelling containing one dwelling unit.

A dwelling containing two dwelling units.

A building or portion thereof providing complete housekeeping facilities for one family, including independent cooking, sanitary and sleeping facilities, and that is physically separate from any other dwelling unit.

A dwelling unit sharing a common side or rear wall or walls without openings with another dwelling unit, but occupying the entire volume within its portion of the building from the lowest level to the roof, and having its own separate entrance or entrances to the outside. The term is intended primarily for such dwelling unit types commonly referred to as "townhouses."

A one-family dwelling which does not abut any other dwelling.

A family is:

May consist of a woven wire, woven wood, picket, board or PVC.

A homebuyer who has had no ownership in a principal residence during the five-year period immediately prior to the date of purchase (contract date) of the property. Such a homebuyer includes anyone who has only owned a residence with a former spouse while married or one who has only owned a principal residence not permanently affixed to a permanent foundation, or a property that was not in compliance with state, local or model building codes and cannot be brought into compliance for less than the cost of constructing a permanent structure.

A shorefront business selling bait, renting or selling tackle, and renting boats and other fishing supplies and equipment for local use; or any private property on which members of the public are charged a fee to fish from a dock, a pier, or the shore.

A retail establishment specializing in the sale of fresh fish, shellfish, and other seafood which, with the exception of minor preparatory tasks, are processed at an off-site seafood processing facility, and which are sold to area restaurants and the general public. A wholesale canning or packaging facility which prepares seafood for distribution to retail stores for sale shall not be constructed as a fish market.

A facility containing equipment and/or space used by members and/or nonmembers for the purpose of physical fitness, including gyms, health clubs and other similar facilities.

Any noncommercial symbol, including flags of the Town, the state, foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, that is woven into, painted or printed on or otherwise attached to any flexible or lightweight fabric or similar material. Any similar sign not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. The flag of the United States of America shall not be subject to regulation by this chapter.

A lot whose buildable area, i.e. the "flag" portion, is connected to the street or right-of-way giving access to it by a strip of land, i.e. the "pole" portion, whose principal purpose is to provide legal and/or actual physical access to the buildable area. In general, the buildable area of a flag lot is located to the rear of another lot(s) fronting on the same or an intersecting street.

The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines, but excluding uncovered exterior balconies, decks or porches. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all roofed-over areas, or from the center line of party walls with any adjoining building. In computing gross floor area, attic space having a headroom of less than seven feet six inches, cellar and basement space, floor space used exclusively for mechanical equipment and building maintenance or service purposes (e.g., elevators, HVAC, required stairways, public restrooms, etc.), and floor space used for off-street parking and/or loading purposes shall be excluded. Notwithstanding the foregoing, that portion of gross floor area comprising any covered plaza or similar pedestrian common area amenity which is not used directly for commercial purposes shall be excluded in calculating required off-street parking and loading spaces, except for any kiosk or similar commercial facility, the area of which shall be included.[1]

The sum of the horizontal areas of all floors of all buildings, on a lot, measured from the exterior faces of the walls of each floor. Gross floor area includes the area of all structures on the premises including garages, roofed-over balconies, decks, [except for decks not more than three feet above grade], or porches except for unenclosed roofed-over porches up to six feet in width which face a street or extend continuously from the street side to the side yard( wrap-around porch)], attic space and loft floor space, if any. The floor area of any basement having a headroom of seven feet or more (measured from the floor of the basement to the lowest point of the floor framing above) (including conversions of all basements to finished storage and/or habitable space) shall also be counted in all residential zoning districts except R1-20, RI-1A, R1-2A and R1-5A. The floor area of any space which exceeds 10 feet in height, excluding garages and excluding second story floor space where the extra ceiling height is within what would otherwise be attic space, shall be counted at 1.5 times their actual floor area. The area of any detached garage shall be included if it exceeds 400 square feet in area.

The gross floor area of all buildings on a lot, including accessory buildings, divided by the total lot area. (See Figure 2-5 at the end of this chapter.)

Any sign supported by structures or supports that are anchored in the ground and are independent from any building.

The distance from the closest point of a building on a lot to the front lot line, measured perpendicular to the closest point of the front lot line.

The extent of a lot along a street. (See Figure 2-6 at the end of this chapter.)

All or any part of any building, structure or room within which is located more than two amusement devices.

Any floor area designed to be used for living, sleeping or cooking purposes, enclosed on all sides by permanent walls and having a headroom of at least seven feet six inches.

Any material, substance or chemical which, if spilled or released, would represent a present or potential future danger to public health or the environment, including any toxic, caustic or corrosive chemical, radioactive material or other similar substance which is identified in any Town, county, state or federal regulation as posing or potentially posing such a danger,

A measurement designed to regulate the height of buildings in relation to topography and setbacks. This ratio effectively creates an imaginary inclined plane beginning at the mean natural grade of the portion of the lot line facing the building and rising toward the building at the ratio specified elsewhere in this chapter. (See Figures 2-11.1, 2-12, 2-13 and 2-14 at the end of this chapter.)

A landing area for the exclusive use of helicopters, including servicing, storage and refueling.

An accessory use within a dwelling that involves a professional activity offering skilled services to clients, such as those services offered by a physician, dentist, lawyer or engineer, and which involves a limited number of nonresident employees and a limited number of business-related visits.

An accessory use within a dwelling that involves activities which only require the use of typical light office equipment, and which involve no nonresident employees and no business-related visits.

Any sign that is illuminated by or created from an artificial light source, including, but not limited to, neon signs, signs illuminated by a light source that is either internal or external to the sign itself and signs illuminated by exposed bulbs.

A sign that has a noncommercial purpose accessory to the principal use of the lot on which it is located, such as "NO PARKING," "ENTRANCE," "LOADING ONLY," "TELEPHONE" and other similar directives.

A system of pest control that employs multi-disciplinary knowledge to manage pest problems in a way that optimizes results while minimizing any potential environmental impact.

That portion of a building designed for the storage and cooking or preparation of food, having at least but not limited to facilities for cooking, a sink and refrigerator.

The processing, fabrication, assembly, treatment, packaging and incidental storage and distribution of products made predominantly from previously prepared materials and/or finished products or parts and excluding basic industrial processing finished products or parts and excluding basic industrial processing.

A building or portion thereof offering overnight accommodations for transient guests for compensation, either with or without meals, and possibly providing ancillary uses to meet the needs of registered guests such as restaurants, meeting rooms and recreational facilities. This definition shall include hotels, motels and inns.

An individual parcel of land shown on a subdivision plat filed at the office of the Nassau County Clerk either as approved by the Nassau County Planning Commission, or as legally filed at the office of the Nassau County Clerk prior to the granting of subdivision approval authority to the Nassau County Planning Commission.

The total horizontal area included within lot lines, except that:

A lot at the junction of and abutting on two intersecting streets.

That percentage of a lot covered by the combined area of all buildings, structures, paved areas and other impervious surfaces.

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

A lot having frontage on two or more streets. This term shall apply to both corner lots and through lots.

A property line bounding a lot.

In the case of a lot abutting upon only one street, the lot line separating the lot from the street. In the case of a corner lot in a residence district, the shortest frontage abutting a street shall be considered to be the front lot line. In addition, in the case of a lot having frontage on two or more streets, the front setback and all other requirements of this chapter applicable to front yards shall apply to all street frontages. (See Figure 2-6 at the end of this chapter.)

The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than 10 feet in length, lying wholly within the lot and farthest from the front lot line. (See Figure 2-7 at the end of this chapter.)

Any lot line other than the front lot line and the rear lot line.

The width of a lot measured parallel to the front lot line at the minimum required front setback. Such minimum lot width shall be maintained to at least the minimum required rear yard. (See Figure 2-8 at the end of this chapter.) For any lot created after July 20, 2001, lot width shall be measured parallel to and at the front lot line and shall be maintained to at least the minimum required rear yard. Lot width and frontage may be reduced in the front yard to not less than 1/3 of the minimum dimension required in the district in which it is located provided that said lot's frontage is on a cul-de-sac or on the outside of a curve with a horizontal radius of 500 feet or less and further provided that the required lot width is met at the front yard setback.

The cultivation of marine organisms, including such protein foods as oysters, clams, mussels, and other shellfish in their natural environment, on underwater farmlands.

A facility which conducts marine-related research for the purpose of developing methods, strategies, and technologies designed to support mariculture activities, including increasing the health, yield, quality, sustainability and profitability of fish and shellfish stocks.

A facility for the berthing, fueling, and furnishing of sewage pumpout equipment and supplies and provisions for all types of recreational watercraft. The term "marina" shall not be deemed to include the term "boatyard" or to include out-of-water storage, repair, or vessel construction facilities.

An institution which provides instruction in the physical, chemical, biological, ecological, geological, historical, economic, or navigational aspects of the marine environmental or similar instruction relating to marine coastal, and waterfront issues and resources.

A grouping of two or more marine-related business uses developed in accordance with an approved master site plan for unified parking, shared access, landscaping, pedestrian circulation, architecture, stormwater control, waste disposal and the like and which will support such uses as retail businesses which provide commodities to persons or businesses occupying or utilizing waterfront areas, including boat sales, sale of boat engines, marine-related supplies and accessories, fishing equipment, and other similar items.

Any sign attached to, in any manner, or made a part of a marquee.

A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

For lots created after the effective date of this amendment, a contiguous area which excludes wetlands and steep slopes, both as defined herein, and whose minimum dimension in all directions is at least equal to 1/2, of the minimum required lot width in the zoning district in which it is located.

A facility used principally for the indoor sale and display of new motor vehicles of a specific brand or brands of vehicle and/or the leasing or rental of motor vehicles, which use may include accessory maintenance, servicing and outdoor storage of such vehicles. See also "outdoor motor vehicles sales."

A not-for-profit institution devoted to the procurement, care and display of objects of lasting interest.

Existing and/or naturally occurring indigenous plant growth which does not require artificial irrigation or the application of fertilizer, pesticides, herbicides or other such substances for its maintenance and which has been undisturbed for a period of at least 20 years.

See "cabaret."

Any sign that does not conform to the requirements of this section.

Any sign located in a residential district for a legally permitted nonresidential principal use and which sign is accessory to such use and contains no commercial message except for the identification of the permitted nonresidential use on the premises where the sign is located.

A sign required pursuant to the provisions of this chapter, and intended for the display of the date, time and location of public meetings related to site plan, special permit and zoning applications to be heard before the Town Board or Planning Advisory Board.

A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch.

An instrument, standardized by the American National Standards Association, used in conjunction with a sound level meter to take measurements in specific octave bands.

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

Any vegetated area of land, including undisturbed areas of natural vegetation, landscaped areas, buffer planting areas, forests, meadows, groundwater recharge areas, wetlands, waterbodies and other similar natural features, but excluding buildings, structures, all types of pavement including stone and gravel, and all other impervious surfaces. The approval of any site plan or subdivision plat showing open space within a special groundwater protection area must consider the impact of such open space, and the uses permitted thereon, including recreational uses, on the basic objective of protecting water quality and maximizing groundwater recharge capabilities.

A facility used primarily for the outdoor sale, rental, leasing, display or storage of motor vehicles other than an accessory use to a motor vehicle dealership, and which does not provide on-site maintenance or servicing of motor vehicles. See also "motor vehicle dealership."

A one-family dwelling altered to include a second kitchen for the sole use by a member of the immediate family of the resident/owner. It is understood that a member of the immediate family of a resident/owner shall be deemed to be a resident/owner's spouse, children, mother, father, brother, sister, grandparents, step-parents, step-children, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, aunt (limited to a sister, natural born or adopted, of the resident/owner's father or mother) or uncle (limited to a brother, natural born or adopted, of the resident/owner's father or mother).

Any finely divided liquid or solid matter, including smoke, capable of being air- or gas-borne.

An area laid or covered with material (such as asphalt or concrete) that forms a firm level surface. Gravel and crushed stone are not considered a paved surface for purposes of this section unless applied on top of an asphalt or concrete surface.

Any individual, association, company, corporation, firm, organization or partnership of any kind.

Any sign not permanently attached to the ground or other permanent structure and only to be displayed during normal business hours. This includes, but is not limited to, menu and sandwich board signs and signs attached to or painted on vehicles visible from the public right-of-way, unless said vehicle is regularly used for other substantial purposes in the normal day-to-day operations of the business.

A building used for the storage of noncommercial automobiles and all types of farm machinery and conveyances owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.

Land, buildings and facilities operated by a membership corporation, association or fraternal order for the purpose of accommodating not-for-profit recreational, social, literary or similar activities for the exclusive use of its members.

Any kindergarten, primary or secondary school not operated by a public school district but conducting a regularly scheduled comprehensive curriculum of study similar to that of a public school and operated in accordance with the Education Law of the State of New York.

The office of an attorney admitted to practice in the State of New York, or a certified public accountant, a professional engineer, or an architect, all as defined in the Education Law of the State of New York, or a medical office.

Any sign affixed to a building or wall in such a manner that any part of said sign extends more than six inches beyond the surface of such building or wall.

A building, other than a private garage, used for housing, storage or repair or trucks, trailers and automobiles, whether or not accessory or incidental to another use.

A use containing four or more stalls or places, allotted on payment of rents or fees, open to the general public for the purchase of retail goods, wares, produce, farm products or other merchandise.

A water flow device with a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves.

An establishment which conducts investigations in the natural, physical or social sciences, or engineering and development, as an extension of investigation with the objective of creating end products.

An enterprise primarily engaged in preparing and serving food and beverages intended to be consumed on the premises by patrons seated and served at tables or counters, but not including a fast-food restaurant.

An establishment whose principal business is the sale of foods, including desserts or beverages, in ready-to-consume servings, for consumption either within the restaurant building or for carry-out, and where either: (1) foods, including desserts and beverages, are usually served in paper, plastic or other disposal containers, and where consumers are not served by a restaurant employee at the same table or counter where the items are consumed; and/or (2) the establishment includes a drive-through service facility. This term does not include a retail grocery store, convenience store, delicatessen, dairy store, candy store or other similar outlet selling food items primarily for home consumption; and does not include a restaurant providing a minor proportion of carry-out service, provided that such carry-out service is not the principal business of such restaurant.

A chart which is issued by the federal Bureau of Mines and which is used for determining the density of smoke.

The slope of a roof, or any section of a roof, measured as the ratio of vertical distance to horizontal distance.

Any sign attached to a building which extends vertically above the eave line of a roof.

Any building containing three or more rooming units. The term shall include "boardinghouse" and "lodging house."

One or more rooms, with or without private bathroom facilities but without private cooking facilities, which are rented or available for rent for residence purposes.

A building or group of buildings divided into separate storage compartments that are rented or leased to individuals or businesses for self-storage of property. A self-service storage facility may include one apartment for a resident manager.

A structure or device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public. See § 246-11 of this chapter.

The distance from the lot line to the nearest point of the sign.

Any emission into the open air from any source, except emissions of uncontaminated water vapor.

A measure of the quantity of smoke being discharged, obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart Number 1 for one minute equals one smoke unit.

Garbage, hazardous waste, industrial waste, pathological waste, rubbish and solid waste as defined in Chapter 201 of the Code of the Town of Oyster Bay, as amended.

Any facility designed to sort, compact, transfer, treat, bale, recycle, ship, store, dispose of or otherwise process solid waste after the initial solid waste collection process.

An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.

A geographic area, whether natural or man-made and whether on one or more lots, which has a ratio of vertical distance to horizontal distance of 25% or more over a horizontal area measuring at least 25 feet in all directions, based on two-foot contour intervals (see illustration below of how slope is measured).

An accessory building on a residential property, no larger than 200 square feet in area and no taller than 10 feet in height, used exclusively by the principal use of the property for storage purposes.

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

That portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the top story shall be that portion of a building included between the upper surface of the topmost habitable floor and the ceiling or roof above. A basement or cellar shall not be considered a story. An intermediate floor between the floor and ceiling of any story, covering less than 1/3 of the floor area immediately below the intermediate floor shall be considered a mezzanine, which shall also not be considered a story. (See Figure 2-9 at the end of this chapter.)

An existing state, county or Town road or a road shown upon a subdivision plat duly filed and recorded in the Office of the Nassau County Clerk.

Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, including buildings, fences, walls, tennis courts, pools and decks.

A sign that is rigid and is suspended from the underside of a horizontal plane surface and is supported by such surface.

Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designated to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools; semi-inground pools; indoor pools; hot tubs; spas and wading pools.

A nonilluminated sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign or is intended to remain on the location where it is erected or placed for a period as specified in § 246-11 of this chapter. If such sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as "temporary."

Any premises normally used for spectator presentations, such as a cinema, playhouse or concert hall, but not including a cabaret, dance hall, discotheque or nightclub.

A device for recording the intensity of any vibration in three mutually perpendicular directions.

See "dwelling unit, attached."

Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to cause injury to the well-being of persons or damage to property.

A use which is customarily incidental and subordinate to the principal use on a lot, and located on the same lot therewith, except that where specifically permitted by this chapter, accessory off-street parking need not be located on the same lot. An accessory use may not be accessory to another accessory use.

The specific purpose for which land, water, a building or a structure is designed, arranged, intended or for which it is or may reasonably be expected to be occupied or maintained.

An establishment used for the medical and surgical treatment of domestic animals, excluding the overnight boarding of animals.

Earth-borne oscillations occurring in discrete pulses at or less than 100 times per minute.

Continuous earth-borne oscillations occurring in discrete at more than 100 times per minute.

Any sign either attached parallel to and maintained within six inches of a wall, painted on the wall surface or forming a portion of any outside wall of a building or structure, which sign displays only one sign surface. For the purposes of regulation in this section, a canopy sign shall be considered a wall sign.

An establishment which requires direct access to tidal surface waters as an integral part of its operation. A water-dependent use shall be construed to include such uses as; marinas, boatyards, yacht basins and similar facilities which provide dockage/berthing for watercraft; fishing piers; boat launching ramps; boat services; boat and kayak rentals; mariculture, marine educational institutions; public swimming beaches; and the like.

An establishment that does not require a waterfront location in order to function, but which contributes to the economic viability of water-dependent uses or which increases the public's use and enjoyment of the waterfront. A water-related use shall be construed to include: small marine-related offices or marine-retail and services; marine-related not-for-profit, philanthropic, fraternal, or scientific research organizations; compatible recreational uses; museums, restaurants; and delicatessens.

A horizontal geographic area of at least 1,000 square feet which is under water, including water bodies and watercourses, or is covered with shallow and sometimes temporary or intermittent waters commonly referred to as "swamps," "marshes," "bogs," or "vernal pools," "including all areas of hydric soils and all areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which under normal circumstances do support, a prevalence of hydrophytic vegetation, all as defined by the Federal Manual For Identifying and Delineating Jurisdictional Wetlands (1989), as such may, from time to time, be amended.

Any sign, picture or symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the windowpane or glass and is readily visible at any point three or more feet from the exterior of the window.

Includes a telecommunications site and personal wireless facility. It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes, without limit, towers of all types and kinds and structures, including, but not limited to, buildings, church steeples, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.

A method of landscaping that results in low water usage through selection of plants with cultural requirements that are appropriate to the local climate and avoidance of wasting water to evaporation and runoff. The seven principles guiding the method are creative planning and design; soil improvement; limiting of turf areas; appropriate plant selection; efficient irrigation; use of mulches; and regular maintenance.

A yard extending across the full width of the lot and lying between the front lot line and the nearest point of the building. (See Figure 2-10 at the end of this chapter.)

A yard extending across the full width of the lot and lying between the rear lot line and the nearest point of the building. (See Figure 2-10 at the end of this chapter.)

A yard between a side lot line and the nearest point of the principal building on that lot and extending from the front yard to the rear yard. (See Figure 2-10 at the end of this chapter.)