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:
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]
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.
The keeping, grazing, feeding and care of animals other than
household pets.
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.
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.
A building or buildings, in which is conducted the main or
principal use of the lot on which said building is situated.
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.
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.
A sign listing the name and location of all tenants in a
structure.
[Added 9-10-1996 by L.L. No. 2-1996]
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.
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.
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]
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.
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.
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.
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.
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.
The officially established Code Enforcement Officer for the
Town of Somerset.[1]
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]
The officially established grade of the curb in front of
the midpoint of the lot.
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]
A building containing three or more dwelling units.
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]
A building containing two dwelling units.
One or more rooms providing living facilities for one family,
including equipment for cooking and provisions for the same.
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]
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
Any parcel of land which is used for gain in the raising
of agricultural products, including crops, livestock, poultry or dairy
products.
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."
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.
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.
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]
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]
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.
[Amended 9-10-1996 by L.L. No. 2-1996]
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:
Examples of home occupations include the sale of firewood, fruits,
vegetables, books, hand crafts, catalog sales (Avon, etc.), antiques
and similar activities.
Those activities which exhibit characteristics which are inconsistent
with the conditions described herein shall require a commercial or
other appropriate permit or a variance.
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]]
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]
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.
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."
That percentage of the lot area which is devoted to building
area.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
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]
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]
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]
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]
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]
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]
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.
Commercial mobile services, unlicensed wireless services
and common carrier exchange access services.
[Added 2-11-1997 by L.L. No. 2-1997]
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]
The Town of Somerset Planning Board.
The main use to which a building or lot is to be used.
See the definition of "recreational vehicle" in Chapter 80, Campgrounds.
[Added 9-10-1996 by L.L. No. 2-1996]
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.
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.
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.
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.
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.
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]
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.
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.
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.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
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.
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]
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]
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]
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.
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]
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]
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]
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.
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.
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]
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]
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."
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.
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.
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.
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.
