The meanings of specific words and terms shall be as follows:
ACCESSORYThe 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 UNITA 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.
ACTIONAny 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.
ALTERATIONAs 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 HALLA 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.
BASEMENTA 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-BREAKFASTA home occupation in an owner-occupied residence wherein lodging and meals are provided to transient guests for compensation.
BILLBOARDA 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.
BLOCKThe length of a street between two intersections or where the street terminates.
BUFFERA 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.
BUILDINGA structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
BUILDING LINEA 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, HEIGHTThe 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, PRINCIPALA building in which is conducted the principal or primary use of the lot on which it is situated.
BULKThe 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 WASHA 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, NONPROFITThe 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, PRIVATEA 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.
COURTAn 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 OFThe maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OFThe building height as measured from the lowest level of such court.
COURT, OUTERA court extending to a street line or other property lines or opening upon any front, side or rear yard.
COURT, WIDTH OFThe 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 STUDIOEstablishments 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, ADULTThe 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 YOUTHAny 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 FACILITIESA 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.
DRIVEWAYA 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."
DWELLINGA 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 UNITOne or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
DWELLING, MULTIFAMILYA 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-FAMILYAn attached or detached building designed for or occupied exclusively by one family, except for a mobile home or mobile home court.
DWELLING, TWO-FAMILYA 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."
FAMILYOne 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.
FENCEAny 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 LOTA 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 FLOODINGA 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-YEARThe 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).
FLOODPLAINThe 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 MANAGEMENTThe 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.
FLOODPROOFINGAny 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.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
FLOOR AREAThe 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.
FRONTAGEThat 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, PARKINGA building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.
GARAGE, PRIVATEAn enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
GASOLINE STATIONA 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 LEVELFinished 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 OCCUPATIONAny 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.
HOTELA 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.
JUNKYARDAny 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.
KENNELThe 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.
LOTA 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 AREAThe total horizontal area included within lot lines.
LOT COVERAGEThe 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 LINEAny 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, FRONTThe 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 WIDTHThe 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, CORNERA lot at the junction of and fronting on two or more intersecting streets.
MOBILE HOME COURTA 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.
MOTELA 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 HOMEA 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 RETAILA 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 PLACESThe 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 STRUCTUREA 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 USEAny 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 INDUSTRYAny 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 USEAll uses of land and buildings except one-family dwellings and two-family dwellings.
NURSERY SCHOOLA 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 OFFICENew 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 SPACEThat 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 AREAA 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 SPACEA stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PERMITTED USEA 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.
PERSONAny individual, firm, partnership, corporation, association, trustee, receiver, assignee or person acting in any other representative capacity.
PLANNED COMMERCIAL OR INDUSTRIAL PARKA 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 DEVELOPMENTA 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 BOARDThe officially designated Planning Board of the Village of Scottsville in accordance with New York State Law.
PROHIBITED USEA use of a building, structure, lot or land or part thereof which is not listed as a permitted, special or accessory use.
RECREATIONAL FACILITYA place, area, structure, or other facility used by persons in the community to carry out recreational activities.
RECREATIONAL FACILITY, INDOORIncludes 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, OUTDOORIncludes 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 VEHICLEA 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 LABORATORYA 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.
SIGNAny 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 CONSTRUCTIONA 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, TEMPORARYA temporary sign intended for short-term use that directs attention to a specific noncommercial, real estate, political, or construction message.
SPECIAL USEA use in one or more districts for which additional regulations may be required, pursuant to the provisions of Article
IX.
STORYThat 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.
STREETAny federal, state, county or municipal highway or road or any street shown upon a subdivision plat filed in the County Clerk's office.
STREET LINEThe dividing line between a lot and a street right-of-way.
STRUCTUREAnything 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 POOLAny 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.
TAVERNAn establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, and saloons.
USEThe specific purpose for which land, a building, or a structure is designed, intended, arranged, used or maintained.
VARIANCEA 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.
VEHICLEAny 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 SHOPA 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 HOSPITALA 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 BOARDThe elected legislative body of the Village of Scottsville.
VILLAGE OFFICEThe official Village Office of the Village of Scottsville and its designated employees of the Village of Scottsville.
WALLA 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, FRONTA 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, REARA 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, SIDEA 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."