The scope and meanings of certain words and terms shall be as
follows:
A.
Unless the context clearly indicates the contrary, words used in
the present tense include the future, the singular number includes
the plural and the plural includes the singular.
B.
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
C.
The word "shall" is mandatory and not directory; the word "may" is
permissive.
D.
The word "lot" includes the word "plot" or "parcel."
E.
Any reference to a building or structure includes any part thereof.
F.
The word "use" refers to any purpose for which a lot or land or part
thereof is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use; and to any purpose for which a
building or structure or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use
or erected, reconstructed, altered, enlarged, moved or rebuilt with
the intention or design of using the same.
G.
The word "used" refers to the actual fact that a lot or land, building
or structure or part thereof is being occupied or maintained for a
particular use.
H.
The masculine includes the feminine, and vice versa.
The meanings of specific words and terms shall be as follows:
The term applied to a building, structure, or use (except
for accessory dwelling unit) that:
Is customarily incidental and subordinate to and serves a principle
building or use;
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]
Contributes to the comfort, convenience, or necessity of occupants
of the principle building or principle use; and
Is located on the same parcel as the principle building or use.
A second subordinate dwelling unit that is:
Contained with the existing primary single dwelling unit;
An addition to the existing primary dwelling unit;
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
Designed into new construction of a single dwelling unit.
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.
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.
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.
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.
A home occupation in an owner-occupied residence wherein
lodging and meals are provided to transient guests for compensation.
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.
The length of a street between two intersections or where
the street terminates.
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.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
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.
A building surrounded by open space on the same lot.
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.
A building in which is conducted the principal or primary
use of the lot on which it is situated.
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.
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.
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.
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.
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.
The maximum horizontal dimension at right angles to the width.
The building height as measured from the lowest level of
such court.
Any court which is not an outer court.
A court extending to a street line or other property lines
or opening upon any front, side or rear yard.
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.
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.
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.
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.
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.
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."
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.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
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.
An attached or detached building designed for or occupied
exclusively by one family, except for a mobile home or mobile home
court.
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."
A person licensed as a professional engineer by the State
of New York.
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.
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.
A lot with two distinct parts:
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.
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).
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.
That maximum area of the floodplain that, on the average,
is likely to be flooded every 100 years (i.e., that has a one-percent
chance of being flooded each year).
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.
A land area adjoining a river, stream, watercourse, ocean,
bay or lake which is likely to be flooded.
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.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
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.
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.
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
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.
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.
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.
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.
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.
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.
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.
The total horizontal area included within lot lines.
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.
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.
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.
The lot line opposite to the front lot line.
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.
A lot at the junction of and fronting on two or more intersecting
streets.
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.
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.
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.
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."
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.
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.
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.
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.
All uses of land and buildings except one-family dwellings
and two-family dwellings.
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.
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.
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."
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.
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.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
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.
Any individual, firm, partnership, corporation, association,
trustee, receiver, assignee or person acting in any other representative
capacity.
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.
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.
The officially designated Planning Board of the Village of
Scottsville in accordance with New York State Law.
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special or accessory use.
See "open space."
A place, area, structure, or other facility used by persons
in the community to carry out recreational activities.
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.
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.
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.
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.
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.
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.
A temporary sign intended for short-term use that directs
attention to a specific noncommercial, real estate, political, or
construction message.
A use in one or more districts for which additional regulations may be required, pursuant to the provisions of Article IX.
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.
Any federal, state, county or municipal highway or road or
any street shown upon a subdivision plat filed in the County Clerk's
office.
The dividing line between a lot and a street right-of-way.
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.
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.
An establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, and saloons.
The specific purpose for which land, a building, or a structure
is designed, intended, arranged, used or maintained.
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.
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.
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.
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.
The elected legislative body of the Village of Scottsville.
The official Village Office of the Village of Scottsville
and its designated employees of the Village of Scottsville.
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.
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.
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.
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.
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."
