Somerset Town City Zoning Code
ARTICLE III
General Regulations
§ 205-9 Applicability.
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.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter. See also § 205-23.
§ 205-10 Preservation of natural features.
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.
§ 205-11 Regulations applicable to all zones.
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]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter. See also § 205-23.
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.
Q.
It shall be unlawful to occupy all or any part of a cellar for living purposes.[2]
[2]
Editor's Note: Former Section 203.18, regulating septic tanks and sewerage, which immediately followed this subsection, was deleted 9-10-1996 by L.L. No. 2-1996.
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.
U.
No two-family dwelling shall be permitted on a lot less than 200 feet in width and 200 feet in depth.[3]
[3]
Editor's Note: Former Section 203.23, regulating unsafe, unsightly buildings, which immediately followed this subsection, was deleted 9-10-1996 by L.L. No. 2-1996.
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.