This chapter shall be known and may be cited
as the "Zoning Ordinance of the Town of Somers."
Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense include the future and the plural includes
the singular. The word "building" includes the word "structure"; the
word "shall" is intended to be mandatory; and the words "occupied"
or "used" shall be construed as though followed by the words "or intended,
arranged or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit which is incidental and subordinate to a
permitted principal one-family residence use and located on the same
lot therewith, where either unit is occupied by the owner of the premises.
[Added 8-12-1982]
A use or building, as the case may be, customarily incident
to the principal use or building and located on the same lot with
the original use or building, except where specifically permitted
on a separate lot.
Dwelling units limited in occupancy to households whose annual
income does not exceed 80% of the actual Westchester County median
income (not capped), as defined and periodically updated by the United
States Department of Housing and Urban Development, and the annual
rental cost of which does not exceed 30% of said income or, for homeowners,
the annual ownership cost of which [the sum of principal, interest,
taxes and insurance (PITI) and common charges, if any] does not exceed
30% of said income. For example, for the year 2001, those dollar numbers
are as follows:
|
Persons in
Household
|
1
|
2
|
3
|
4
|
5
|
6
|
|---|---|---|---|---|---|---|
|
Maximum income (80% of county median
income)
|
$48,080
|
$54,880
|
$61,760
|
$68,640
|
$74,160
|
$79,600
|
|
Maximum housing cost (30%
of income)
| ||||||
|
Annually
|
$14,424
|
$16,464
|
$18,528
|
$20,592
|
$22,248
|
$23,880
|
|
Monthly
|
$1,202
|
$1,372
|
$1,544
|
$1,716
|
$1,854
|
$1,990
|
An agency, board or person having jurisdiction over the review
of and decision upon a specific permit application as provided for
in this chapter.
[Added 10-11-1990 by L.L. No. 3-1990]
A series of arches supported by columns or piers.
[Added 12-19-2003 by L.L. No. 12-2003]
As used in connection with gasoline filling stations, a portion
of the building sufficient to cover and fully or partially enclose
one full-sized passenger vehicle. Said vehicle may enter and depart
by a single opening not exceeding 12 feet in width and 10 feet in
height or by two such openings on the line of opposite walls and aligned
to a common center line. Each single "bay" shall not exceed 500 square
feet and each additional "bay" permitted shall not exceed 350 square
feet of covered area, as measured within the lines of permanent walls
or to the edge of roof projections in the case of "bays" which are
partially enclosed.
[Added 7-8-1969]
A building, or portion thereof, containing more than two,
but fewer than six, guest rooms without individual kitchen facilities,
where short-term lodging with food and drink are provided or offered
to transient guests for compensation.
[Added 12-19-2003 by L.L. No. 12-2003]
That percentage of the lot area covered by the combined area
of all buildings and/or impervious structures on the lot, excluding
pools, carports, and sheds (i.e., building area divided by site area).
[Added 12-19-2003 by L.L. No. 12-2003; amended 1-13-2022 by L.L. No. 3-2022]
The Building Inspector of the Town of Somers, New York.
[Added 11-13-2003 by L.L. No. 11-2003]
Any sign attached to a building indicating the name of a
building and the date and incidental information about its construction
and history, which sign is cut or etched into masonry, bronze or similar
permanent material.
[Added 12-19-2003 by L.L. No. 12-2003]
Any sign attached to any part of a building, as contrasted
with a freestanding sign.
[Added 12-19-2003 by L.L. No. 12-2003]
A sign which advertises, directs or attracts attention to
or announces a business establishment or profession conducted upon
the same lot, including a place where services, entertainment, commodities,
merchandise or products are offered, conducted or sold at retail upon
said lot.
An establishment licensed by the State of New York that is
engaged in the care of infants, children or the elderly, where medical
care or delinquency correction is not the principal service provided
and where overnight accommodations are not included in the services
provided.
[Added 8-8-1996 by L.L. No. 16-1996]
An organization incorporated under the Membership Corporations
Law or such other statute of the State of New York as may authorize
its incorporation as a bona fide nonprofit corporation. The term "club"
shall include the building or buildings or parts thereof respectively
occupied by such "club" as owner or lessee, provided that such establishment
is operated solely for a recreational, social, political or athletic
purpose and not for pecuniary gain, and provided further that the
membership thereof consists only of persons who:
A dwelling unit within a congregate housing facility not
occupied by more than two persons, where at least one is age 65 or
older, and physically designed for either independent or assisted
living. Residents shall not be dependent on long-term skilled nursing
care, including regular medical and rehabilitative services. The minimum
floor area for each "congregate dwelling unit" shall be 500 square
feet. Each unit may have one or two bedrooms and shall be equipped
with an individual kitchen.
[Added 7-9-1992 by L.L. No. 12-1992]
A multifamily residence building or buildings consisting
of congregate dwelling units for the elderly, shared spaces for dining
and socializing, recreation rooms, operation offices and other services
such as beauty shops, laundries and general stores limited to use
of the residents. Such facilities, which must qualify as enriched
housing programs or adult homes as defined under New York State law
subject to limitations herein, shall provide an array of services
designed to aid a resident's independence and shall require residents
to contract for a minimum of one of the following services: one or
more daily meals in a central dining area, housekeeping and certified
home health care. Such facilities may provide assisted living services
as defined under New York State law (i.e., help in one or more normal
daily living activities, including dressing, personal hygiene, eating
and mobility) but not full medical care, and any such services are
subject to applicable government regulations.
[Added 7-9-1992 by L.L. No. 12-1992]
A retail store generally containing less than 4,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages, and other household supplies to customers. It is
designed to attract a large volume of stop-and-go traffic and is oftentimes
associated with a gasoline filling operation.
[Added 7-7-2011 by L.L. No. 3-2011]
A lot at the junction of and abutting on two intersecting
streets when the interior angle of intersection does not exceed 135º.
An open, unoccupied area bounded on two or more sides by
the walls of a building. A "court" not extending to the street or
a front, side or rear yard is an inner court. A "court" extending
to the street or a front, side or rear yard is an outer court.
The area encircling a tree and having a dimension equal to
one foot of radius from the center of the tree for each one inch of
tree diameter.
[Added 12-19-2003 by L.L. No. 12-2003]
A standard measurement of trees made at 4 1/2 feet above
ground level on the uphill side.
[Added 12-19-2003 by L.L. No. 12-2003]
Any sign identifying information for the purpose of facilitating
vehicular and pedestrian circulation on the property on which it is
located, and which contains no commercial message of any sort.[1]
[Added 12-19-2003 by L.L. No. 12-2003]
A building or portion thereof providing complete housekeeping
facilities for a family.
A dwelling unit having a common wall with only one other
dwelling unit in a building containing two dwelling units, with at
least one story of such common wall located above the finished grade
adjacent to such wall.
[Added 12-19-2003 by L.L. No. 12-2003]
Any artificial means of illumination that is intended to
be directed at a sign from a source outside the sign.
[Added 12-19-2003 by L.L. No. 12-2003]
An extremely steep slope as defined in Chapter 148 of the Code of the Town of Somers.
[Added 11-13-2003 by L.L. No. 11-2003]
Any number of individuals living together and doing their
cooking as a single housekeeping unit on the premises, as distinguished
from a group occupying a boarding room, boardinghouse, hotel or motel,
or renting the premises or part thereof on a daily or transient basis.
[Amended 1-13-2022 by L.L. No. 2-2022]
Any parcel of land containing 50 acres or more, which is used for gain in the raising of field, fruit, or garden crops or nursery stock, including the keeping of livestock customarily kept on a farm and poultry not exceeding 200 head, regardless of kind, and the necessary buildings thereof. No mature cockerels shall be permitted on such premises. The housing or rearing of fur-bearing animals for profit shall not be permitted. Uses not customarily identified with a farm shall not be permitted, including riding academies, livery and boarding stables, dog kennels and other uses of animals, to the extent that this does not conflict with state agricultural laws. No farm building shall exceed 25 feet in height or be nearer than 100 feet to any street or property line. No roadside stand or structure for sale of produce shall be constructed or operated except under a special exception use as provided in § 170-72.
[Amended 4-29-1965; 8-12-1976; 11-13-2003 by L.L. No.
11-2003]
Any parcel of land containing five acres or more but less
than 50 acres which is used for gain in the raising of field, fruit
or garden crops or nursery stock and not to exceed 50 head of poultry,
regardless of kind, provided that none shall be mature cockerels.
No retail sales shall be made on the premises except produce grown
on the premises. No use not permitted on a farm shall be permitted
on a "small farm." Not more than three in the aggregate of horses,
cows or sheep shall be permitted. The requirements as to buildings
or structures on farms shall apply to "small farms."
[Amended 4-29-1965]
A business primarily engaged in the rapid retail sale of
pre-prepared or quickly prepared food and beverages served in disposable
containers and where a substantial portion of sales is by customers
ordering and picking up food at a counter with limited table service.
"Fast-food establishment" shall not include bakeries, food markets,
delicatessens or other nonrestaurant businesses engaged in the sale
of food that have a seating capacity, as defined by the Building Inspector
in accordance with applicable codes, of not more than 10.
[Added 5-13-1993 by L.L. No. 2-1993]
A boundary line establishing an area in which there exists
or is likely to exist a fire hazard requiring special fire protection.
[Added 11-12-1981]
The gross floor area of all principal buildings on a lot,
exclusive of parking structures, divided by the area of such lot.
[Added 3-30-1982]
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure. For purposes of this chapter, a "freestanding
sign" shall not include a cemetery headstone.
[Added 12-19-2003 by L.L. No. 12-2003]
Shall be synonymous, except where the lot has no frontage
on a street and abuts property of the City of New York fronting on
a street over which such lot has access, in which latter event the
"front lot line" shall be the lot line so abutting said city property.
A yard extending the full width of the lot unoccupied except
as permitted under this chapter and lying between the front lot line
or the line of the street upon which the lot fronts, as shown on the
Official Map, and a line parallel thereto, tangent to the nearest
part of the front of the principal building.
Includes a private garage, a private commercial garage or
a public garage, as hereinafter defined.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, and motor fuels.
[Added 7-7-2011 by L.L. No. 3-2011]
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aids, and minor automobile
accessories. In addition, such facility must provide minor vehicle
servicing, minor repairs, and maintenance and may provide engine rebuilding.
[Added 7-7-2011 by L.L. No. 3-2011]
The sum of the horizontal areas of all floors of the building
or buildings, measured to the exterior face of the outside walls of
such building or buildings, excluding garages, courts, terraces and
below-grade basement areas reserved for storage and mechanical equipment
purposes only.
[Added 3-9-1978]
An indoor facility including such uses as court games, exercise
equipment, locker rooms, jacuzzi and/or sauna and pro shop.
[Added 8-8-1996 by L.L. No. 16-1996]
The vertical distance from the mean level of the land immediately
adjacent to the building to the level of the highest point of the
roof beams, except that, in the case of pitched roofs, it is the vertical
distance from such level of the land to the mean height level of the
gable or roof above the highest wall.
An area used for the landing and takeoff of passenger helicopters
only, but not including any auxiliary or related helicopter services,
such as refueling, maintenance, storage or cargo-loading facilities,
except for emergency servicing and outdoor tie-down space.
[Added 3-9-1978]
Any use customarily conducted in the office or studio of
a physician, surgeon, doctor, chiropractor, dentist, lawyer, accountant,
engineer, architect, artist, musician, teacher or agricultural specialist
or other occupation normally conducted from such residence, by a person
residing on the premises and incidental to such residence. The conduct
of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist
home or the business of boarding or treating animals or that of embalming,
interring or cremating the dead shall not be deemed to be a "home
occupation."
A building for the diagnosis and treatment of human ailments
through provision of medical care, with overnight accommodations for
patients, including a sanatorium.
[Amended 7-9-1992 by L.L. No. 12-1992]
Any sign that is illuminated by an artificial source.
[Added 12-19-2003 by L.L. No. 12-2003]
Partitions, enclosures, stairways, hoistways, shafts, other
vertical openings and corridors and construction separating tenant
spaces are to have a minimum fire-resistance rating of one hour.
[Added 11-12-1981]
Any artificial means of illumination that is contained within
a sign.
[Added 12-19-2003 by L.L. No. 12-2003]
The total floor area of the full or half stories of a dwelling
unit as measured around the outside walls of the dwelling unit for
full stories and the outside limits of the half story, excluding,
however, garages, cellars, heater rooms, basements, porches and breezeways.
A local society or branch having a charter from a duly organized
fraternal order, incorporated under the Benevolent Orders Law. The
term "lodge" shall include the building or part thereof occupied by
such body as owner or lessee, provided that such establishment is
operated solely for a social or benevolent purpose and not for pecuniary
gain, and provided further that the membership thereof consists only
of persons who:
A pillared gallery or porch open on at least one side that
is typically an integral part of the building's mass rather than an
appended porch.
[Added 12-19-2003 by L.L. No. 12-2003]
A parcel or plot of land which is or may be occupied by a
building and accessory buildings, including the open spaces required
by this chapter, and which has access to a street, as provided in
the definition of "front lot line" above.
The total horizontal area included within reasonably regular
lot lines, excluding all area contained in any street or right-of-way
and excluding any part of less in width than 1/3 of the required minimum
lot width for the district in which the lot is located.
[Amended 10-11-1990 by L.L. No. 3-1990]
The lot width shall be measured along the front lot line
and shall be maintained at all points between the front lot line and
a line parallel thereto, tangent to the nearest part of the front
of the principal building.[2]
[Amended 11-27-1962; 10-11-1990 by L.L. No.
3-1990; 11-13-2003 by L.L. No. 11-2003]
The processing, fabrication, assembly, treatment, packaging,
incidental storage, incidental sales and distribution of such products,
using electrical power only but excluding basic industrial processing.
[Added 8-8-1996 by L.L. No. 16-1996]
At the time it starts to crow.
[Added 2-14-2019 by L.L. No. 1-2019]
A moderately steep slope as defined in Chapter 148 of the Code of the Town of Somers.
[Added 11-13-2003 by L.L. No. 11-2003]
A building containing three or more dwelling units.
[Added 11-12-1981]
Livable space under a sloping roof, having a clear height
of seven feet six inches from finished floor to ceiling, accessible
from the lower story by a permanent stairway. A half story must be
under a sloping roof, the rafters of which intersect the face of the
outside walls below midheight of the story.
The highest level of flood that on average is likely to occur
once every one hundred years as determined in the U.S. Department
of Housing and Urban Development Federal Insurance Administration
Flood Insurance Study for the Town of Somers.
[Added 11-13-2003 by L.L. No. 11-2003]
Shall be synonymous with "site coverage."
[Added 12-19-2003 by L.L. No. 12-2003]
An establishment or place of business primarily engaged in
the provision of frequent or recurrent needed services of a personal
nature. Typical uses include, but are not limited to, beauty shops
and barbershops, shoe repair shops, and tailor shops.
[Added 7-7-2011 by L.L. No. 3-2011]
The Planning Board of the Town of Somers.
[Added 1-18-1996 by L.L. No. 3-1996]
The professional staff responsible for providing technical
assistance to the Planning Board, which shall include the Town Engineer;
the Town Planner; the consulting engineer; the consulting planner;
and/or any other certified or licensed professional who may be retained
by the Town Board from time to time to assist the Planning Board.
[Added 1-18-1996 by L.L. No. 3-1996; amended 11-13-2003 by L.L. No. 11-2003]
Any freestanding sign, other than a directional sign, that
is supported by one or more poles with no guy wires or bracing.
[Added 12-19-2003 by L.L. No. 12-2003]
A covered platform, usually with its own roof, attached to
a building and serving as a covered entryway or as a covered living
area.
[Added 12-19-2003 by L.L. No. 12-2003]
A roofed building entrance, usually with columns. Any portico
that extends more than two feet beyond either side of a door or has
a width of more than six feet measured across the building facade
shall be considered a porch for purposes of this chapter.
[Added 12-19-2003 by L.L. No. 12-2003]
A building in which is conducted the principal use of the
lot on which it is situated.
The specific purpose for which land is used or a building
is designed or used or for which it is or may be occupied or maintained.
One used only for the storage, maintenance and repair of
commercial vehicles owned or operated by the owner or leaseholder
of such garage.
Except as provided in § 170-11B(7) for "private garages" on farms under cultivation, in a residence district, one designed for the storage of not more than four vehicles owned and used by the owners or occupants of the premises and in which no business or commercial service is carried on, except that one of such four spaces may be occupied by a commercial vehicle of not more than 1 1/2 tons' capacity, and one may be rented to a nonresident of the premises for storage of a private passenger car.
Of or pertaining to the learned professions and the rendering
of personal services as distinguished from the practice of a trade
or business.
Any sign attached to a building or wall with brackets in
such a manner that its leading edge extends more than eight inches
beyond the surface of such building or wall, and provided that the
sign face is constructed of wood. For the purposes of this chapter,
the term "projecting sign" shall not include the term "suspended sign."
[Added 12-19-2003 by L.L. No. 12-2003]
Any garage other than a private garage or a private commercial
garage.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet long or the lot comes to a point, the
"rear lot line" shall be deemed to be a line within the lot not less
than 10 feet long parallel to and the farthest from the street line.
A yard extending the full width of the lot unoccupied except
as permitted under this chapter, lying between the rear lot line and
a line parallel thereto and tangent to the nearest part of the rear
of the principal building.
Any sign located on a lot used for residential purposes that contains no commercial message except advertising for goods or services legally offered on the premises where such sign is located, if offering such goods and services at such location conforms with all applicable requirements of Chapter 170, Zoning, of the Code of the Town of Somers. For the purposes of this chapter, a "residential sign" shall not include the term "building marker" or any sign that is otherwise prohibited in accordance with the provisions of this chapter.
[Added 12-19-2003 by L.L. No. 12-2003]
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
establishment.
[Added 5-13-1993 by L.L. No. 2-1993]
A business having as its primary function the supply of merchandise
or wares to the end consumer. Such sales constitute the "primary function"
of the business when such sales equal at least 80% of the gross sales
of the business.
[Added 7-7-2011 by L.L. No. 3-2011]
A dwelling unit which is designated for and specifically
limited in its occupancy to persons aged 55 or older, but not excluding
spouses under 55, children and grandchildren over the age of 19 and
adults under 55 if their presence is essential for the physical care
or economic support of eligible older persons.
[Added 11-12-1981]
A line connecting the street line of the lot with the rear
lot line and running along the side of the lot.
A yard unoccupied except as permitted under this chapter,
extending from the inner line of the front yard to the inner line
of the rear yard and lying between a side lot line and a line parallel
thereto and tangent to the nearest part of the principal building.
Any specimen tree regulated under Chapter 156, Tree Preservation, of the Code of the Town of Somers, or any living tree with a diameter at breast height (DBH) of at least 18 inches, whichever is smaller.
[Added 12-19-2003 by L.L. No. 12-2003]
That percentage of the site area covered by the combined
area of all buildings, structures and impervious surfaces, including
impervious driveways, pools, carports, patios and walkways.
[Added 7-9-1992 by L.L. No. 12-1992; amended 12-19-2003 by L.L. No. 12-2003; 1-13-2022 by L.L. No. 3-2022]
A New York State licensed facility commonly known as a "nursing
home," including residence for adults as defined under New York State
law, which provides round-the-clock nursing care for convalescent
patients, including restorative, physical, occupational and other
therapy.
[Added 7-9-1992 by L.L. No. 12-1992]
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is none, between
the surface of the floor and the ceiling above it. A basement shall
be counted as a "story" if its ceiling is more than five feet above
the average elevation of the ground adjacent thereto and if it is
used either for business purposes other than storage or dwelling purposes
other than for a janitor or watchman.
A thoroughfare which has been placed and designated on the
Official Map as a street and which affords the principal means of
access to abutting property.
The line of the lot coinciding with the line of the street
on which it fronts and, for purposes of this chapter, disregarding
any lines showing lands in the same ownership lying within the bed
of a street.
Anything which is constructed or erected which requires a
location on or under the ground or attachment to something having
such location, including but not limited to the following: any building,
shed, garage, carport, elevated deck, communications tower, tennis
court, pool; but not anything which is less than 64 square feet in
area and eight feet in height.
[Added 1-13-2022 by L.L. No. 3-2022]
Any sign that is affixed to the exterior of the roof of a
porch, portico or other structural protective cover over a door, entrance,
window or outdoor service area and is hung from the underside of a
horizontal plane surface and is supported by such surface, whether
the information displayed is located in the plane parallel to the
building to which such porch or portico roof or other structural cover
is attached or is located in the plane(s) perpendicular to the building
to which such porch or portico roof or other structural cover is attached,
or both. For the purposes of this chapter, the term "suspended sign"
shall include only those signs that are attached to the vertical face
of the porch or portico roof or other structural cover, whether such
face is parallel or perpendicular to the building to which such porch
or portico roof or other structural cover is attached.
[Added 12-19-2003 by L.L. No. 12-2003]
Any sign used in connection with a circumstance, situation
or event that either is designed, intended or expected to take place
or to be completed within a reasonably short period of time after
the erection of such sign and is intended to remain on the location
where it is erected or placed for a period of time not to exceed 14
days within any six-month period.
[Added 12-19-2003 by L.L. No. 12-2003]
The Town Board of the Town of Somers.
[Added 1-18-1996 by L.L. No. 3-1996]
A plan prepared in accordance with § 272-a of the
Town Law which identifies the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town of Somers, together with any and all amendments thereto.
[Added 1-18-1996 by L.L. No. 3-1996]
The Town Engineer of the Town of Somers.
[Added 1-18-1996 by L.L. No. 3-1996]
The Town Planner of the Town of Somers.
[Added 11-13-2003 by L.L. No. 11-2003]
A very steep slope and an extremely steep slope as defined in Chapter 148 of the Code of the Town of Somers.
[Added 10-11-1990 by L.L. No. 3-1990; amended 11-13-2003 by L.L. No. 11-2003]
A facility for the medical and surgical treatment of domestic
animals, including the overnight boarding of such animals in indoor
cages or pens while under medical care.
[Added 8-8-1996 by L.L. No. 16-1996]
Any sign attached parallel to and within eight inches of
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall, and which displays only one sign surface.
[Added 12-19-2003 by L.L. No. 12-2003]
A wetland/freshwater wetland as defined in Chapter 167 of the Code of the Town of Somers. In addition, all lands and waters indicated on the official freshwater wetland map promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 24-0301, Subdivision 5, of the New York State Freshwater Wetlands Act and otherwise subject to regulation by New York State shall be encompassed under the term "wetland" as used in this chapter.
[Added 10-11-1990 by L.L. No. 3-1990; amended 11-13-2003 by L.L. No. 11-2003]
An open space, unoccupied except as permitted under this
chapter, lying between a lot line and a line parallel to such line
and tangent to the nearest part of the principal building.
The Zoning Board of Appeals of the Town of Somers.
[Added 1-18-1996 by L.L. No. 3-1996]
[1]
Editor's Note: The former definition of “Director
of Planning Building and Environmental Services,” added 1-18-1996
by L.L. No. 3-1996, which immediately followed this definition, was
repealed 11-13-2003 by L.L. No. 11-2003.
[2]
Editor's Note: The definitions of "low/moderate
income dwelling unit" and "low/moderate income family," added 11-12-1981,
which immediately followed this definition, were repealed 5-9-2002
by L.L. No. 4-2002. See now the definition of "affordable dwelling
units."
