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 "district" includes the plural "districts"; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; the words "occupied" or "used" shall be construed as though followed by the words "or intended, arranged or designed to be used or occupied"; and the words "occupancy" or "use" shall be construed as similarly qualified. All minimum measurements pertaining to lots or spaces shall be exclusive of the rights-of-way of any and all highways, streets or roadways.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR USE
A subordinate use or building, the purpose of which is incidental to that of the principal use or building and on the same lot. Before there can be any accessory building or accessory use there must first be a principal use or principal building on the lot.
[Amended 12-12-2006 by L.L. No. 6-2006]
ALTERATIONS
As applied to a building or a structure, a change or rearrangement in the structural parts or an enlargement, whether by extending on a side, increasing in height or the moving from one location or position to another.
ANIMAL HUSBANDRY
The keeping, grazing, feeding and care of animals other than household pets.
AUTO COURT
A building or a group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. A restaurant, tearoom or similar establishment located on the same premises as an "auto court" shall be considered as an accessory use. The term "auto court" includes facilities designed as tourist courts, motor lodges, motels and similar accommodations.
BASEMENT
A story partly underground and having half or more than 1/2 of its height above the average level of the finished grade at the front of the building.
BUILDING, PRINCIPAL
A building or buildings, in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING DIRECTORY SIGN
A sign listing the name and location of all tenants in a structure.
[Added 9-10-1996 by L.L. No. 2-1996]
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of roof for flat roofs, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING PERMIT
A permit issued by the Code Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located. Use arrangement or construction not in compliance with this chapter or other applicable laws shall be a violation of this chapter.
[Amended 9-8-1998 by L.L. No. 3-1998]
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of camping trailers, tents or movable temporary dwellings, rooms or sleeping quarters of any kind.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the finished grade at the front of the building.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
CLUBHOUSE
A building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs and maintaining a minimum amount of open space.
CODE ENFORCEMENT OFFICER
The officially established Code Enforcement Officer for the Town of Somerset.[1]
COMMERCIAL WIND-ENERGY SYSTEM
A wind-energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics, which has a rated capacity greater than 250 kilowatts, and a total height of more than 150 feet, and is intended to solely supply electrical power into a power grid for sale.
[Added 7-11-2006 by L.L. No. 1-2006]
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DUMP or LANDFILL
A place for the disposal, by abandonment, dumping, burial, burning, or by any other means, and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste materials of any kind.
[Added 6-13-2000 by L.L. No. 2-2000]
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, ONE-FAMILY
A building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit, but said dwelling shall not include mobile/manufactured homes.
[Amended 1-13-1998 by L.L. No. 2-1998]
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking and provisions for the same.
FACTORY MANUFACTURED HOME
A factory manufactured home which incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. The structure and/or components shall bear the insignia of approval issued by the New York State Fire Prevention and Building Code Council, which certifies that the home or component is in compliance with the requirements of Subchapter B of the New York State Uniform Fire Prevention and Building Code.
[Added 9-10-1996 by L.L. No. 2-1996; amended 1-13-1998 by L.L. No. 2-1998]
FAMILY
One or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single nonprofit housekeeping unit.
FARM
Any parcel of land which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this section. The term "farm building" shall not include "farm dwelling."
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FLOOR AREA TOTAL
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory space.
FREESTANDING SIGN
A single-faced or multi-faced sign affixed to a supporting structure or embedded in and extending from the ground or detached from the building. Any support structure shall be included in the sign area to the extent that it is larger than that necessary to support the sign.
[Added 9-10-1996 by L.L. No. 2-1996]
GARAGE, PRIVATE
A secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.[2]
GRADE, STREET
The officially established grade of the street upon which the lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint of the lot shall be taken as the street grade.
HOME OCCUPATION
[Amended 9-10-1996 by L.L. No. 2-1996]
A. 
A casual activity which is not intended to be the principal or sole source of income of the occupant. Such occupations shall include only those activities which will not exert an unsightly impact on the landscape and/or impact or change the character of the neighborhood. The following conditions are examples (noninclusive) of noncompliance with this chapter:
(1) 
Vehicular traffic entering and leaving the premises for commercial/retail purposes regularly or on a daily basis.
(2) 
The parking of two or more vehicles (motor vehicles, trailers, etc.) not owned by the occupant for the purpose of commercial/retail trade.
(3) 
The hiring of employees.
B. 
Examples of home occupations include the sale of firewood, fruits, vegetables, books, hand crafts, catalog sales (Avon, etc.), antiques and similar activities.
C. 
Those activities which exhibit characteristics which are inconsistent with the conditions described herein shall require a commercial or other appropriate permit or a variance.
HOME PROFESSIONAL OCCUPATION
The office of a member of a recognized profession when conducted on residential property. Such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons.
[Amended 9-10-1996 by L.L. No. 2-1996[3]]
JUNKYARD
Two or more abandoned, disabled, dismantled or partly dismantled vehicles allowed to remain on a premises for a period of more than 30 days shall constitute a "junkyard." Also the storage, sale or abandonment of wastepaper, rags, scrap metal or discarded materials or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a "junkyard" and is a violation of this chapter. When located in an A District, the storage of agricultural equipment, machinery and vehicles which are being used in farm operation shall not, for the purposes of this chapter, constitute a "junkyard."
[Amended 9-10-1996 by L.L. No. 2-1996]
LOT
A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating "lot area."
LOT COVERAGE
That percentage of the lot area which is devoted to building area.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to its depth at the building line.
MAJOR MODIFICATION OF PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES
A modification of the height, silhouette and/or ground area of any telecommunications tower or telecommunications accessory structure and/or the addition of telecommunications antennas of a new provider to an existing tower.
[Added 2-11-1997 by L.L. No. 2-1997]
MOBILE/MANUFACTURED HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The unit shall meet the requirements of manufactured home construction and safety standards as listed in the Code of Federal Regulations Housing and Urban Development, but not bear the insignia of approval issued by the New York State Fire Prevention and Building Code Council.
[Added 9-10-1996 by L.L. No. 2-1996; amended 1-13-1998 by L.L. No. 2-1998]
MOBILE/MANUFACTURED HOME PARK
Any site, lot, field, plot, parcel or tract of land on which two or more mobile homes are parked or located and for which use said premises are offered to the public or to any person for a fee of any type, including cost sharing.
[Amended 1-13-1998 by L.L. No. 2-1998]
MOTOR VEHICLE SERVICE STATION
Any building or land used to disperse, sell or offer automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning, and the replacement or installation of minor parts and accessories, major mechanical repair, body repair or painting.
[Added 9-10-1996 by L.L. No. 2-1996]
NONCOMMERCIAL WIND-ENERGY SYSTEM
A wind-energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity of not more than 250 kilowatts and a total height less than 150 feet.
[Added 7-11-2006 by L.L. No. 1-2006]
NONCONFORMING USE, NONCONFORMING STRUCTURE or NONCONFORMING LOT
A use or lot which was lawful or a building or structure which was lawfully situated on a lot prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zone in which it is taking place or located by reason of such adoption, revision or amendment.
[Added 9-10-1996 by L.L. No. 2-1996]
PARKING SPACE
An off-street space available for the parking of one or more motor vehicles and having an area of not less than 200 square feet per vehicle, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or public way.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES
Commercial mobile services, unlicensed wireless services and common carrier exchange access services.
[Added 2-11-1997 by L.L. No. 2-1997]
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Persons, firms or corporations supplying personal wireless telecommunications service, including all equipment, apparatus, facilities and devices used in the supplying of personal wireless telecommunications service.
[Added 2-11-1997 by L.L. No. 2-1997]
PLANNING BOARD
The Town of Somerset Planning Board.
PRINCIPAL USE
The main use to which a building or lot is to be used.
RECREATIONAL VEHICLE
See the definition of "recreational vehicle" in Chapter 80, Campgrounds.
[Added 9-10-1996 by L.L. No. 2-1996]
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
ROOMING HOUSE
A dwelling in which three or more persons, either individually or as families, are housed for hire with or without meals. A lodging house or boardinghouse shall be deemed a rooming house.
SIGN
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereto to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups.
SIGN AREA
The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SPECIAL PERMIT
The written authorization by the Planning Board to permit, in a given district, a property use which, because of its nature, location or effect on the surrounding neighborhood, warrants special evaluation of each individual case.
[Added 9-10-1996 by L.L. No. 2-1996]
STREET
A public thoroughfare which has been dedicated or deeded to the public for public use and which has been improved in accordance with municipal standards.
STREET LINE
The dividing line between the street right-of-way and the lot. For the purposes of this chapter, where the street line is not readily determinable, the center line of the improvement or of the traveled way shall be used to compute the location of the street line.
STRUCTURE
A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, signs, swimming pools and fences which are more than 50% solid.
SWIMMING POOL, PRIVATE
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
SWIMMING POOL, PUBLIC
A public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking areas.
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations, designed and used to shelter telecommunications equipment and/or to support personal wireless telecommunications facilities.
[Added 2-11-1997 by L.L. No. 2-1997]
TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). Design examples of telecommunications antennas are described as follows: whip; panel; and dish.
[Added 2-11-1997 by L.L. No. 2-1997]
TELECOMMUNICATIONS TOWER
A tower greater than 35 feet in height and which does not exceed 300 feet in height (including antenna) and which supports communication (transmission or receiving) equipment. The term "telecommunications tower" shall not include amateur radio operators' equipment as licensed by the FCC. Design examples of telecommunications towers are described as follows: self-supporting lattice; guyed; and monopole.
[Added 2-11-1997 by L.L. No. 2-1997]
TEMPORARY USE
An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
TOTAL HEIGHT (also MAXIMUM OVERALL HEIGHT)
The height of the wind-energy conversion system measured from the ground elevation to the top of the tip of the blade in the vertical position.
[Added 7-11-2006 by L.L. No. 1-2006]
TOWER
The support structure, including guyed, monopole and lattice types, upon which a wind turbine or other mechanical device is mounted.
[Added 7-11-2006 by L.L. No. 1-2006]
TOWER HEIGHT
The height above grade of the uppermost fixed portion of the tower, excluding the length of any axial rotating turbine blades.
[Added 7-11-2006 by L.L. No. 1-2006]
TOWNHOUSE
One of a series of attached one-family dwelling units, each having a common wall between adjacent sections and having direct access to a private, individual and/or front yard designed as an integral part of each one-family dwelling unit.
USE
The specific purposes for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
WIND-ENERGY SYSTEM
The equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, substation, maintenance or control facilities or other component used in the system.
[Added 7-11-2006 by L.L. No. 1-2006]
WIND-ENERGY CONVERSION SYSTEMS
One or more mechanical devices, such as wind chargers, windmills or wind turbines, which are designed and used to convert wind energy into a form of useful energy for sale or redistribution to others.
[Added 7-11-2006 by L.L. No. 1-2006]
WINDOW
An opening in a building to the outside other than a door which provides all or part of the required natural light or natural ventilation, or both, to an interior space. The glass portion of a door in an exterior wall may be considered to be a "window."
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of the building. It shall extend from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
YARD AREA, FRONT
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. "Setback line" shall be synonymous with the rear limit of the required front yard area.
ZONING BOARD
The officially established Zoning Board of Appeals of the Town of Somerset.[4]
[1]
Editor's Note: The definitions of "construction standards," added 9-10-1996 by L.L. No. 2-1996, as amended, was repealed 8-8-2000 by L.L. No. 3-2000.
[2]
Editor's Note: The former definition of "public garages," which immediately followed this definition, was repealed 9-10-1996 by L.L. No. 2-1996.
[3]
Editor's Note: The former definition of "house trailer," which immediately followed this definition, was deleted 9-10-1996 by L.L. No. 2-1996.
[4]
Editor's Note: The former definition of "zoning permit," which followed this definition, was changed to "building permit" 9-8-1998 by L.L. No. 3-1998. Additionally, the former definition of "Zoning Enforcement Officer," which also followed this definition, was deleted 9-10-1996 by L.L. No. 2-1996.