No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth in the appended Schedule.[1] No open space contiguous to any building shall be encroached
upon or reduced in any manner, except in conformity with the area
and bulk requirements, off-street parking requirements and all other
regulations designated in the Schedule and this chapter for the zone
district in which such building or space is located. In the event
of any such unlawful encroachment or reduction, such building or use
shall be deemed to be in violation of this chapter, and the certificate
of occupancy shall become void.
A.
No structure shall be built within 50 feet of the bed of a stream
carrying water on an average of six months of the year or on land
subject to periodic overflow.
B.
Before any excavation is commenced to remove from the ground topsoil,
earth, sand, gravel, rock or other substance, the owner of lessee
of the premises or agent of either shall obtain a written permit therefor
from the Planning Board.
(1)
Before issuing such a permit, the Planning Board shall require the
submission of a property plan drawn to scale giving location and dimensions
of the premises upon which it is proposed to excavate, including location
of existing buildings, also the sworn consent in writing of the owner
of the premises, including his address and mortgages, if any. Proof
of the existence of no lax liens against the property shall also be
submitted.
(2)
The Planning Board shall also require the submission of a plan for
the future care or restoration of the area to be excavated, including
the preparation of a seed bedding, liming, fertilization and seed.
(3)
Nothing contained in this chapter shall require a person to obtain
a permit or prevent a person from removing topsoil from one part of
the lands to another part of the same premises or other premises owned
by him in the Town when removal is necessary as an accessory use or
is made for the purpose of improving said property.
C.
Topsoil, earth, sand, gravel, rock or other substance deposited on
land in the R-1, R-2 and RLS Districts in the Town shall not be stored
more than 45 days before used for its intended purpose, unless permitted
by the Zoning Board of Appeals after a public hearing.
[Added 6-10-1980]
D.
Existing natural features such as trees, brooks, drainage channels
and views shall be retained. Whenever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
A.
No lot shall have erected upon it more than one principal building.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other building.
B.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building and,
if located in a side yard area, shall conform to side yard requirements
of the schedule.[1]
C.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the Town's requirements.
D.
At the intersection of two or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above curb level, nor any obstruction to vision, shall be permitted
in the triangular area formed by the intersection street lines and
a line joining each 30 feet distant from said intersection along said
street line.
E.
Where a building lot has frontage on a street which is proposed for
right-of-way widening, the required front yard area shall be measured
from such proposed right-of-way line.
F.
Unsightly property.
(1)
Consistent with the purpose and intent as described in § 205-3, this section specifically addresses the need to prevent and/or eliminate unsightly property. Therefore, it shall be unlawful for a property owner and/or resident of the Town of Somerset to have on his or her property at one time, for 30 days or more, two or more unhoused, unregistered vehicles without obtaining a special use permit or building permit from the Code Enforcement Officer for the operation of a commercial sales and service, motor vehicle repair shop, junkyard or other appropriate business as determined by the Planning Board.
[Amended 6-10-1980; 9-8-1998 by L.L. No. 3-1998]
(2)
When implementing this chapter, the following shall apply:
(a)
Thirty days will be counted as either consecutive days or a
total of 30 days in any sixty-consecutive day period.
(b)
Current registration by New York State will be required.
(c)
The same or different vehicles of the following type will be
counted: motor vehicles, trailers, motor homes, snowmobiles, motorcycles
and/or similar vehicles.
G.
Business structures or uses shall not display goods for sale purposes
or coin-operated vending machines of any type in any location which
would infringe upon the required yard areas specified in this chapter.
H.
All yards, open space, off-street parking and required landscaping
must be contained within the zone in which the use is permitted.
I.
No commercial vehicle of over one ton's load capacity shall be parked
out-of-doors overnight or on Sunday in conjunction with a residential
property in a residential zone. No display vehicles for commercial
purposes shall be parked in any district for display purposes.
J.
For the purpose of regulating the locations of accessory buildings
on corner lots, and on lots extending through between two parallel
streets, all portions of a corner lot or a through lot which fronts
on a public street shall be subject to the front yard requirements
of the zone district in which said corner or through lot is located.
K.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use.
L.
Nothing in this chapter shall restrict the construction, use or maintenance
of public buildings, structures or facilities, parks or other publicly
owned properties nor the installation and maintenance of such public
utilities as may be required to service any district. All facilities
will be subject to the yard requirements of this chapter and to Town
Planning Board site plan review.
M.
Junkyards. 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 operations shall not, for the purposes
of this chapter, constitute a junkyard.
N.
The limitations on signs as set forth by this chapter for the various
zones shall not apply to any sign or directional device erected by
the federal, state, county or local government or agency thereof.
O.
The limitations on sign areas as set forth by this chapter for the
business and industrial zones shall not apply to parking lot markers,
directional signs, entrances and exit signs and other such signs which
are erected on the premises, provided that such signs do not exceed
two square feet in area on any one side and do not contain any advertising
of the use on the premises.
P.
Fences.
(1)
Any fences erected in the Town shall adhere to the following:
(a)
Fences may be erected, altered or reconstructed to a height
not to exceed three feet above ground level when located within 25
feet of the street right-of-way line.
(b)
Fences may be erected, altered or reconstructed to a height
not to exceed six feet above ground level when located more than 25
feet from the street line, except when such fence protects a swimming
pool, in which event a height of eight feet is allowed.
(2)
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth, except if within the
highway right-of-way when permission of the Highway Superintendent
is required.
(3)
These restrictions shall not be applied to restrict the erection,
alteration or reconstruction of fences used in connection with farms
except insofar as such fences might affect the public safety.
(4)
Fences used for agricultural purposes in the A District shall be
exempt from these provisions.
R.
Any structure or excavation in the Town of Somerset that, in the
unanimous opinion of the quorum of the Town Board, is a source of
danger or which constitutes a nuisance or for which a temporary permit
has expired shall be repaired, removed, demolished or filled as directed
by the Town Board.
S.
Slope of yards. Proper grading and drainage of any improved lot shall
be provided to the reasonable satisfaction of the Code Enforcement
Officer so as to adequately direct storm runoff away from the building
foundation, avoid excessive draining of waters onto abutting properties
and minimize risk of flood damage where flood hazard exists. As a
guideline only, the surface grade of the front yard at the front wall
of a principal building shall not be less than 18 inches above the
elevation of the center line of the traveled way of the street or
highway measured at the midpoint between the side lines of the lot.
[Amended 11-7-2011 by L.L. No. 7-2011]
T.
Motor vehicle storage and parking. There shall be provided with every
dwelling, storage space for motor vehicles in an amount of not less
than one parking area for each family unit in the dwelling. For all
other permitted uses, there shall be provided sufficient off-street
parking area to accommodate the normal number of vehicles which may
simultaneously congregate in the course of the normal use of such
building, structure or premises.
V.
Unsafe, unsightly buildings.
(1)
Any unoccupied structure which has been unoccupied for one year or
more and which has had any utility service disconnected may not be
used for residential purposes without obtaining a new certificate
of occupancy.
(2)
Any structure completely or partially destroyed by fire shall require
a building permit before any reconstruction as well as a new certificate
of occupancy before premises may be occupied.
[Added 6-10-1980]
(3)
Any structure partially destroyed by fire or natural cause shall
be secured.
[Added 9-10-1996 by L.L. No. 2-1996]
(a)
All openings shall be covered with outdoor building material
of at least 1/2 inch thickness being plywood, aspenite or equivalent
material.
(b)
Doors need not be covered additionally if securely locked and
if the door is of substantial material and in good condition.
(c)
Cover material is to be cut to size to completely cover openings
and must be of neat and acceptable appearance.
(d)
Cover material is to be fastened with two-inch nails or screws
spaced no more than 12 inches apart.
(e)
Cover material must be securely fastened so that it cannot be
removed or displaced by hand pressure.
(f)
All covering material and methods of securing must meet the
satisfaction of the Code Enforcement Officer or deputy.
W.
The New York State Uniform Fire Prevention and Building Code, as
amended, shall be made a part of this chapter and shall be in full
force and effect in the Town of Somerset, and any construction within
the Town of Somerset must be subject to the requirements of such code.
[Amended 9-10-1996 by L.L. No. 2-1996]
X.
All structures damaged by fire are to be reconstructed by removing
all burned wood and materials and replacing with materials meeting
state and Town Building Codes.
[Added 6-10-1980]
Y.
Exterior walls of all structures shall be completed by finishing
with wood, stone, brick, stucco, vinyl, aluminum, cement or similar
permanent material.
[Added 6-10-1980]
Z.
Notwithstanding the provisions of Chapter 96, there shall be no lot, structure or use that allows for the storage of waste, debris, garbage or hazardous material so as to constitute a landfill in any district. Such landfill shall be prohibited in all districts.
[Added 6-13-2000 by L.L. No. 2-2000]
AA.
New cemeteries.
[Added 4-9-2002 by L.L. No. 3-2002]
(1)
No person shall cause the remains of a human being to be buried
or establish a burial ground for such purpose, by disposal or burial
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle within the Town of Somerset outside the Village of Barker
not set apart and recognized as a municipal, religious or not-for-profit
corporation cemetery, without the consent of the Town Board after
a public hearing and having deposited adequate and appropriate funds
for perpetual maintenance of said grounds.
(2)
The Town Board shall consider availability of suitable and appropriate
approved sites; the health and safety of the community; the character
of the site under consideration as appropriate for a burial site;
the likelihood of the site becoming a public charge as well as considerations
raised under the New York State Environmental Quality Review Act (SEQRA).
(3)
A bond shall be deposited with the Town of Somerset to insure
adequate and appropriate funds are available for the maintenance of
said burial grounds. The amount of the maintenance fund shall be determined
annually by the Town Board.
(4)
"Adequate and appropriate funds" is a relative term to be determined
by the Town Board of the Town of Somerset in each instance in order
to establish an adequate trust fund for the perpetual maintenance
of said ground, however in no event shall it be less than $10,000;
and
(5)
Any person who shall be found to violate any provision of this
subsection shall be served by the Town Code Enforcement Officer with
written notice providing a reasonable time limit for the exhumation
of the buried remains. The offender shall, within the period of time
stated in such notice, permanently cease all violations. Any person
who shall continue any violations beyond said time limit shall be
guilty of an offense and upon conviction thereof shall be fined in
an amount not exceeding $250 for each violation. Each day in which
any violation shall continue shall be deemed a separate offense. The
provisions of this subsection shall be in addition to and shall not
preclude the enforcement of this chapter by application to the New
York Supreme Court for injunction or by any other lawful remedy. Any
person violating any of the provisions of this subsection shall become
liable to the Town for any expense, loss or damage, including attorney's
fees, occasioned by it by reason of such violation.
BB.
Restrictions on industrial wind system.
[Added 1-29-2018 by L.L.
No. 1-2018]
(1)
"Industrial wind energy conversion system" shall mean any machine
or wind facility that converts the kinetic energy in the wind into
electricity and where the electricity is primarily produced for commercial
sale.
(2)
Industrial wind energy conversion systems shall be prohibited
in all districts other than Industrial (I).
(3)
If this law is found to be illegal, void, or is otherwise waived,
or not applied, by any court or government body, then all other substantive
requirements of the Somerset Town Code relating to the siting of wind
energy conversion systems and/or tall structures shall be applied.
