The meanings of specific words and terms shall be as follows:
ACCESSORY
The term applied to a building, structure, or use (except
for accessory dwelling unit) that:
A.
Is customarily incidental and subordinate to and serves a principle
building or use;
B.
Is subordinate in area, bulk, extent, and purpose to the principal
building or use served;
[Amended 12-11-2018 by L.L. No. 4-2018]
C.
Contributes to the comfort, convenience, or necessity of occupants
of the principle building or principle use; and
D.
Is located on the same parcel as the principle building or use.
ACCESSORY DWELLING UNIT
A second subordinate dwelling unit that is:
A.
Contained with the existing primary single dwelling unit;
B.
An addition to the existing primary dwelling unit;
C.
An adaptive reuse of an existing permanent detached accessory
structure such as a barn, carriage house, or garage on the same parcel
as the primary dwelling unit; or
D.
Designed into new construction of a single dwelling unit.
ACTION
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Village
of Scottsville.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another; the term "alter" in its
various modes and tenses and its participial form, refers to the making
of an alteration.
AUDITORIUM or MEETING HALL
A building or structure, together with its lot and accessory
uses, used to provide meeting space for various community activities
wherein more than 25 persons may be accommodated.
BASEMENT
A story partly underground but having more than half of its
clear height below finished grade. A basement shall not be counted
in determining the permissible height of a building in terms of the
number of stories.
BED-AND-BREAKFAST
A home occupation in an owner-occupied residence wherein
lodging and meals are provided to transient guests for compensation.
BILLBOARD
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed or only incidentally
sold, offered or existing upon such lot.
BLOCK
The length of a street between two intersections or where
the street terminates.
BUFFER
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
BUILDING
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
BUILDING LINE
A line parallel to the lot line or a major portion thereof,
tangent to that point in a building face which is closest to such
lot line. The building face includes breezeways and porches, whether
enclosed or unenclosed, but does not include steps or terraces which
are open.
BUILDING, HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front building line to the highest
point of the roof for flat roofs, to the deckline of mansard roofs
and to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the principal or primary
use of the lot on which it is situated.
BULK
The size and scale of buildings and nonbuilding uses and
the physical relationship of their size and scale in relation to the
lot on which they are located, Bulk requirements include building
height, building footprint, and lot coverage.
CAR WASH
A structure or building designed for the washing, waxing,
and simonizing or similar treatment of automotive vehicles as its
principal function. A filling station having portable washing equipment
shall not be deemed to be a car wash where such use is an accessory
service to the principal service of the filling station.
CLUB, NONPROFIT
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business or
enterprise for profit, but this shall not be construed as preventing
the utilization of a club for benefits or performances for a recognized
charity, nor for the meeting of other organizations, nor for educational
and cultural purposes.
CLUB, PRIVATE
A building or use catering exclusively to private club members
and their guests for recreational or athletic purposes, and not operated
primarily for gain or profit.
COURT
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The building height as measured from the lowest level of
such court.
COURT, OUTER
A court extending to a street line or other property lines
or opening upon any front, side or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side
in the case of an outer court and the least horizontal dimension in
the case of an inner court.
DANCE, ART, OR MUSIC STUDIO
Establishments or work space dedicated to artists, artisans,
musicians, dancers, or other individuals practicing one of the fine
or performing arts or skilled in an applied art or craft. Incidental
retail sales of work produced on the premises or related to the studio
may be included in the business's permitted function. This definition
excludes all adult-oriented uses.
DAY CARE, ADULT
The provision of care to individuals over the age of 18 for
periods less than 24 consecutive hours, but not including schools,
provided that such day care conforms to all applicable licensing and/or
registration requirements of New York State.
DAY CARE, CHILD OR YOUTH
Any program or facility caring for children for more than
three hours per day per child in which child day care is provided
by a licensed child day care provider except those programs operating
as a group family day care home, a family day care home, and a school-age
child care program as defined by § 390 of the Social Services
Law of the State of New York.
DRIVE-THROUGH FACILITIES
A building or use which, by design of physical facilities,
a product is sold to or a service performed for, customers while they
are in or near their motor vehicles, including, but not limited to,
fast-food restaurants, drive-up bank tellers, film-processing service
booths, etc.
DRIVEWAY
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
DWELLING
A building, with cooking, sleeping and sanitary facilities,
arranged, intended or designed to be occupied by one or more families
living independently of each other upon the premises. The term "dwelling"
shall not be deemed to include an auto court, rooming house, motel,
tourist home, hotel, hospital, or nursing home.
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
DWELLING, MULTIFAMILY
A building or portion thereof containing more than two dwelling
units. A multifamily dwelling shall not be construed to include mobile
homes or a mobile home court.
DWELLING, ONE-FAMILY
An attached or detached building designed for or occupied
exclusively by one family, except for a mobile home or mobile home
court.
DWELLING, TWO-FAMILY
A building designed or used for residence purposes by not
more than two families and containing two dwelling units that individually
meet the floor area requirements established for single-family dwellings.
Also referred to as a "duplex."
FAMILY
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit.
FENCE
Any fence, brick or stone wall or hedge or other natural
growth located outside of the area bounded by the front building foundation
line and the side and rear setback requirements. The face side of
any fence erected in any district shall face the nearest abutting
property, and all posts shall be on the inside of said fence unless
said posts or supports constitute an integral part of said face side.
FLAG LOT
A lot with two distinct parts:
A.
The flag, which is the only building site; and is located behind
another lot; and
B.
The pole, which connects the flag to the street; provides the
only street frontage for the lot; and at any point is less than the
minimum lot width for the zone.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water; or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
FLOOD, ONE-HUNDRED-YEAR
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
FLOODPLAIN
The land area determined by the Department of Housing and
Urban Development (HUD) map adopted by the Village to be at elevations
below the design flood elevations on the Genesee River and the Oatka
Creek.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and land use and
control measures.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
FLOOR AREA
The sum of the horizontal areas of the floors of a dwelling
unit excluding unenclosed or unheated porches, basement areas and
attached garages, measured from the interior face of the exterior
walls.
FRONTAGE
That portion of a parcel of property that abuts a dedicated
public street or highway. For the purpose of determining yard requirements
on corner lots, all sides of a lot adjacent to streets shall be considered
frontage.
GARAGE, PARKING
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
GASOLINE STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include accessory facilities
for rendering service for motor vehicles, such as lubricating, washing
and minor repairs.
GRADE LEVEL
Finished grade level and shall be not more than three feet
three inches below finished first flood level. Finished grade level
shall be determined at the front line of a building.
HOME OCCUPATION
Any occupation conducted within a dwelling by the residents
thereof that is clearly secondary to the residential use and that
does not change the character of the structure as a residence, provided
that said activity shall not occupy more than 1/2 of the ground floor
area of the dwelling or its equivalent elsewhere in the dwelling if
so used; that no mechanical or electrical equipment is used except
customary household equipment; and that no equipment, device or object
shall be used which will cause line disturbances in the electrical
service so as to interfere with the reception of radio or television
broadcast signals within the neighborhood or will produce offensive
noise, vibration, smoke, dust, odors or glare.
HOTEL
A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by transient
individuals or groups of individuals for compensation. A hotel shall
not provide dwelling units nor shall it include a motel, seasonal
cottage or cabin.
JUNKYARD
Any land or structure or part thereof exceeding 300 square
feet in area or containing two or more automobiles or similar vehicles,
used for collecting, storage or sale of wastepaper, rags, scrap metal
or other scrap or discarded material; or for the collecting, dismantling,
storage or salvage of machinery or vehicles not in running condition;
or for the sale of the parts thereof.
KENNEL
The housing, keeping or boarding for a consideration, of
four or more animals of the same species and/or two or more animals
of different species on a lot or in a structure; provided, however,
that such animals shall be what are commonly designated as house pets
and shall not include horses.
LOT
A parcel of land which is or may be occupied or used by one
main building or use with its accessory buildings and the required
open spaces, but excluding any part thereof within the bounds of a
street.
LOT AREA
The total horizontal area included within lot lines.
LOT COVERAGE
The percentage of the lot area covered by the combined area
of the primary and accessory buildings, and all paved and impermeable
surfaces such as driveways, swimming pools, decks, parking areas and
parking lots, excluding patios, terraces and pedestrian walkways.
LOT LINE
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
LOT WIDTH
The dimension measured from side lot line to side lot line,
along a line parallel to the street line at the required minimum front
yard depth.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
MOBILE HOME COURT
A residential land use designed for the location of one or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
MOTEL
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, with
direct outside access and related office and with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges,
auto courts and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes. A motel
shall not provide dwelling units nor shall it include a seasonal cottage
or cabin.
MOTOR OR MOBILE HOME
A movable single-family dwelling originally equipped with
or having a vehicular chassis and provided with all of the following
mechanical systems and equipment; plumbing, heating, electrical, cooking
and refrigeration.
MULTI-TENANT RETAIL
A group of three or more stores, shops or similar businesses
offering a variety of goods and services, occupying adjoining structures,
whether attached or detached, having a common interrelated parking,
loading and site circulation system with consolidated access to public
roads. Also known as "malls," "retail centers," and "plazas."
NATIONAL REGISTER OF HISTORIC PLACES
The National Register of Historic Places is the official
list of the Nation's historic places worthy of preservation. Authorized
by the National Historic Preservation Act of 1966, the National Park
Service's National Register of Historic Places is part of a national
program to coordinate and support public and private efforts to identify,
evaluate, and protect America's historic and archeological resources.
NONCONFORMING STRUCTURE
A structure lawfully existing prior to the adoption date
of this chapter or any amendment thereto affecting such structure,
which does not conform to the dimensional and bulk regulations of
this chapter for the district in which it is situated, irrespective
of the use to which such structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the dimensional
and bulk regulations of this chapter for the district in which it
is situated.
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light, beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and which does not include any outdoor processing of materials or
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
NONRESIDENTIAL USE
All uses of land and buildings except one-family dwellings
and two-family dwellings.
NURSERY SCHOOL
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized instructional
facility for five or more enrolled children, other than the children
of the resident family, but not provided with customary commercial
public recreation features, such as Ferris wheels or roller coasters,
and not furnishing sleeping quarters except for the resident family.
NYS HISTORIC PRESERVATION OFFICE
New York's State Historic Preservation Office (SHPO) helps
communities identify, evaluate, preserve, and revitalize their historic,
archeological, and cultural resources. The SHPO administers programs
authorized by both the National Historic Preservation Act of 1966
and the New York State Historic Preservation Act of 1980. These programs,
including the Statewide Historic Resources Survey, the New York State
and National Registers of Historic Places, the federal historic rehabilitation
tax credit, the Certified Local Government program, the state historic
preservation grants program, state and federal environmental review,
and a wide range of technical assistance, are provided through a network
of teams assigned to territories across the state.
NYS UNIFORM CODE(S)
The New York State Uniform Fire Prevention and Building Code,
which shall include all subunits (Residential Code, Building Code,
Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code,
and Property Maintenance Code) as currently in effect and as hereafter
amended from time to time. The Uniform Code may also be referred to
as the "NYS Building Code."
OPEN SPACE
That portion of a lot that is open, unobstructed and unoccupied
from the ground upward and includes permeable walkways not used by
vehicles; landscaping, uncovered patios, and uncovered recreation
facilities. Recreation buildings may be included as part of a common
open space.
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
PERMITTED USE
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
specially permitted, special, or accessory use shall be considered
a prohibited use.
PERSON
Any individual, firm, partnership, corporation, association,
trustee, receiver, assignee or person acting in any other representative
capacity.
PLANNED COMMERCIAL OR INDUSTRIAL PARK
A development of land based on an overall development plan
approved by the Planning Board in accordance with the special use
procedures for commercial and industrial uses other than retail stores,
personal service establishments or other uses not indicated as permitted
or special uses in the commercial-industrial park areas of the Village.
Such an overall development plan may provide for a variance of the
dimensional regulations as provided in this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
A residential development of land based on an overall development
plan approved by the Planning Board in accordance with the special
use procedure in which the dimensional regulations of this chapter
and the type of housing may be varied as provided in this chapter
and where certain lands are set apart as permanent open space or common
land.
PLANNING BOARD
The officially designated Planning Board of the Village of
Scottsville in accordance with New York State Law.
PROHIBITED USE
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special or accessory use.
RECREATIONAL FACILITY
A place, area, structure, or other facility used by persons
in the community to carry out recreational activities.
RECREATIONAL FACILITY, INDOOR
Includes a bowling alley, theater, pool hall, skating rink,
gymnasium, health spa, video machine arcade, swimming pool and similar
places of indoor commercial recreation, both public and private, as
well as accessory uses, including user supplies, food service and
sales, service and storage of recreation equipment and accessories.
RECREATIONAL FACILITY, OUTDOOR
Includes a privately or publicly owned marina, golf course
and clubhouse, trap, skeet and archery ranges, swimming pool, skating
rink, park, beach, tennis court, racquetball court, camping area,
picnic area and similar places of outdoor recreation, as well as accessory
uses, including user supplies, food service and sales, service and
storage of recreation equipment and accessories.
RECREATIONAL VEHICLE
A trailer or self-propelled motor vehicle structure without
permanent foundation, which can be towed, hauled or driven, and is
primarily designed as temporary living accommodation for recreation,
camping and travel use and including, but not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and uses accessory thereto; with respect to the
application of this chapter.
SIGN
Any kind of billboard, signboard, pennant or other shape
or device of display, used as an advertisement, announcement or direction,
including any text, symbol, lights, marks, letters or figures painted
thereon or painted on or incorporated in the composition of an exterior
surface of a building or structure, including interior signs visible
from outside the premises. The definition of a sign shall not include
those not visible on site from the public right-of-way.
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto or describing
construction activity or a firm doing work related to construction
on the premises on which the sign is located.
SIGN, TEMPORARY
A temporary sign intended for short-term use that directs
attention to a specific noncommercial, real estate, political, or
construction message.
SPECIAL USE
A use in one or more districts for which additional regulations may be required, pursuant to the provisions of Article
IX.
STORY
That portion of a building between the surface of any floor
and the surface of the floor next above it; if there is no floor above
it, then the space between the floor and the ceiling next above it.
A basement shall not be counted as a story.
STREET
Any federal, state, county or municipal highway or road or
any street shown upon a subdivision plat filed in the County Clerk's
office.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or built, any edifice or building of
any kind or any piece of work artificially built up or composed of
parts joined together in some definite manner, which require location
on the ground or is attached to something having location on the ground,
including, but within limitation, swimming and wading pools, covered
patios, towers, smokestacks, poles, etc., excepting outdoor areas
such as paved areas, walks, tennis courts and similar recreation areas.
SWIMMING POOL
Any artificial body of water or receptacle for water having
a depth at any point of more than 18 inches, used or intended to be
used for swimming or bathing, constructed, installed or maintained
in or above the ground, inside or outside of a building and including
all appurtenant equipment.
TAVERN
An establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, and saloons.
USE
The specific purpose for which land, a building, or a structure
is designed, intended, arranged, used or maintained.
VARIANCE
A modification of the regulations of this chapter granted by the Board of Appeals on the grounds of practical difficulties or unnecessary hardship, not self-imposed or as specifically provided for, pursuant to the provisions of Article
X.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported upon a public street or highway except such
as is operated exclusively by human power. This includes, but is not
limited to, cars, trucks, boats, recreational vehicles, airplanes,
four-wheelers, dirt bikes, or motorcycles.
VEHICLE REPAIR OR SERVICE SHOP
A building, other than a private or a parking garage, used
for adjustment, painting, replacement of parts or other repair of
motor vehicles or parts thereof, whether or not accessory or incidental
to another use.
VETERINARY HOSPITAL
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
VILLAGE BOARD
The elected legislative body of the Village of Scottsville.
VILLAGE OFFICE
The official Village Office of the Village of Scottsville
and its designated employees of the Village of Scottsville.
WALL
A structure of wood, stone or other materials or combination
thereof, intended for security screening or enclosure or for the retention
of earth, stone, fill or other materials as in the cases of retaining
walls or bulkheads.
YARD, FRONT
A space on the same lot with a building, situated, between
the nearest roofed portion of the principal building or buildings
and the front lot line of the lot, and extending from side lot line
to side lot line.
YARD, REAR
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot, and extending from side lot line
to side lot line.
YARD, SIDE
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot, and extending through from the front
yard or from the front lot line where no front yard exists to the
rear yard or to the rear lot line where no rear yard exists.
ZONING BOARD OF APPEALS (ZBA)
The officially established Zoning Board of Appeals of the
Village of Scottsville in accordance with New York State Municipal
Law. Also referred to as the "Zoning Board" or "Board of Appeals."