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.

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:

An agency, board or person having jurisdiction over the review of and decision upon a specific permit application as provided for in this chapter.

A series of arches supported by columns or piers.

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.

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.

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).

The Building Inspector of the Town of Somers, New York.

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.

Any sign attached to any part of a building, as contrasted with a freestanding sign.

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.

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.

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.

A flexibly designed subdivision plat planned pursuant to the Town Board authorization as set forth in § 170-13.2 of this chapter and intended to achieve one or more of the purposes as set forth in § 170-13.1 of this chapter.

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.

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.

A standard measurement of trees made at 4 1/2 feet above ground level on the uphill side.

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.

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.

Any artificial means of illumination that is intended to be directed at a sign from a source outside the sign.

An extremely steep slope as defined in Chapter 148 of the Code of the Town of Somers.

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.

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.

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."

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.

A boundary line establishing an area in which there exists or is likely to exist a fire hazard requiring special fire protection.

The gross floor area of all principal buildings on a lot, exclusive of parking structures, divided by the area of such lot.

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.

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.

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.

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.

An indoor facility including such uses as court games, exercise equipment, locker rooms, jacuzzi and/or sauna and pro shop.

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.

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.

Any sign that is illuminated by an artificial source.

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.

Any artificial means of illumination that is contained within a sign.

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.

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.

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.

The processing, fabrication, assembly, treatment, packaging, incidental storage, incidental sales and distribution of such products, using electrical power only but excluding basic industrial processing.

At the time it starts to crow.

A moderately steep slope as defined in Chapter 148 of the Code of the Town of Somers.

A building containing three or more dwelling units.

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.

Shall be synonymous with "site coverage."

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.

A daytime care service establishment for dogs, cats, and occasionally other small household pets. This facility may also provide overnight boarding and hygiene/grooming services. In contrast to breeding or boarding kennels, these facilities focus on delivering amenity-rich services geared towards pets and their owners and may include a retail space offering an assortment of associated pet care products. The breeding and/or selling of animals at these facilities is not permitted.

The Planning Board of the Town of Somers.

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.

Any freestanding sign, other than a directional sign, that is supported by one or more poles with no guy wires or bracing.

A covered platform, usually with its own roof, attached to a building and serving as a covered entryway or as a covered living area.

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.

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."

Any garage other than a private garage or a private commercial garage.

Any person, firm, corporation or governmental agency duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage disposal and treatment, steam, cable or communication service. This definition shall not bestow any special status or standing not already provided by state or federal law. This definition does not include battery energy storage systems or similar facilities.

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.

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.

A retail store for the sale of food, including delicatessen, mini market, bakery, specialty food product or products shop and/or sandwich shop, but not including a restaurant, fast-food eating establishment, drive-in, open-front or curb-service eating establishment, tavern, bar, nightclub or discotheque.

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.

A fully enclosed commercial and/or business establishment providing varying sizes of individual compartmentalized and/or controlled access to stalls or lockers for the storage of business or personal property.

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.

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.

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.

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.

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.

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.

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.

The Town Board of the Town of Somers.

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.

The Town Engineer of the Town of Somers.

The Town Planner of the Town of Somers.

The rental or leasing of a room, rooms or home for dwelling, lodging or sleeping by the owner of the premises for a period of 30 consecutive calendar days or less, with a portion of a day counting as a full calendar day.

A very steep slope and an extremely steep slope as defined in Chapter 148 of the Code of the Town of Somers.

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.

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.

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.

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.