This chapter shall be known and may be cited as the "Zoning Ordinance of the Village of Scotia, New York."
[Amended 7-11-1973]
A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular; the word "person" includes a corporation as well as an individual; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered to include "intended, arranged or designed to be occupied or used."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION, STRUCTURAL
Any change causing enlargement, whether by extending on a side or by increasing height, or moving from one location or position to another.
AREA, BUILDING
The total areas, taken on a horizontal plane at the main grade level, of the principal and all accessory buildings, exclusive of open porches, terraces and steps.
AREA, FLOOR
The sum of the area of the several floors of a building, measured from the outside faces of exterior walls surrounding each floor, but excluding areas used as a garage, a cellar below ground, attics, open porches, patios and breezeways.
AREA, LIVABLE FLOOR
The sum of the gross horizontal areas designed for the exclusive use of occupants of a single dwelling unit, but excluding hallways, stairwells, elevator areas, storage and laundry space and other areas intended for the common use of all tenants or occupants.
AREA, LOT
The total area within lot lines.
AREA, NET RESIDENTIAL
The total of areas usable for residential purposes, exclusive of areas set aside for public use or for nonresidential uses.
AUTO COURT
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and similar appellations.
AUTO WRECKING YARD
Any area or portion of any lot or plot, whether inside or outside of a building, for the temporary storage of automobiles awaiting dismantling or the dismantled parts of automobiles or for the dismantling, cutting or demolition of automobiles.
BOARDINGHOUSE
A private dwelling in which at least three but not more than six rooms are offered for rent and meals are furnished only to roomers therein and in which no transients are accommodated. A rooming house or a furnished room house shall be deemed a "boardinghouse."
BUILDING
Any structure having a roof supported by columns or walls and intended for a shelter, housing or enclosure of persons or chattel.
BUILDING, ACCESSORY
A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
BUILDING HEIGHT
The vertical distance measured from the elevation of the finished grade at the front of the building to the highest point of the building.
[Amended 9-13-2006 by L.L. No. 7-2006]
BUILDING PERMIT
A permit to construct, reconstruct, enlarge or alter any building or other structure.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of a lot on which said building is situated.
COURT, INNER
An unoccupied open space enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
An unoccupied space, enclosed on three sides by exterior walls of a building or by interior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway or yard.
COVERAGE
The lot area or percentage of lot area covered by buildings and other structures.
DEVELOPMENT, PLANNED AREA
A planned area which includes buildings, streets, easements, utility services, etc., and where such plan has been filed with the Village Clerk-Treasurer, approved by the Planning Board and authorized by the Village Board of Trustees.
[Amended 10-13-1993 by L.L. No. 4-1993]
DWELLING
A building designed or used as the living quarters for one or more families.
DWELLING UNIT
A dwelling or portion thereof providing complete housekeeping facilities for one family.
FAMILY
Consists of one person or more than one person related by blood, marriage or adoption who live together in a single dwelling unit and maintain a common household or not more than five persons not related by blood, marriage or adoption and, in addition, any domestic servants or gratuitous guests.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles.
GRADE, FINISHED
The completed surfaces of lawns, walks and roadways brought to grade as shown on official plans or design relating thereto.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Use by physicians, surgeons, dentists and other professional persons who offer services to clients but are not engaged in the purchase or sale of economic goods or property is deemed to be a "home occupation." The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital or any other similar use shall not be deemed to be a "home occupation."
HOSPITAL
Unless otherwise specified, includes a sanitarium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
JUNKYARD
Any area or portion of any lot or plot, whether inside or outside of a building, for the storage, keeping or abandonment of junk or scrap materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
LINE, BUILDING
The line of an exterior face of a building wall, including sun parlors and enclosed porches, but excluding open porches, steps and other permitted building projections.
LINE, CURB
The line at the edge of the paved portion of a street, whether or not a stone, concrete or asphalt curb exists thereon.
LINE, LOT
The line dividing one lot from another or from a public street, road or alley.
LINE, STREET
The dividing line between the street and the lot.
LOT
A parcel of land occupied or designed to be occupied by one building and the accessory building or uses customarily incident to it, including such open spaces as are required by this chapter, and having frontage on a public street or other suitable means of access thereto.
LOT, CORNER
A lot situated at the junction of and adjacent to two or more intersecting streets, when the interior angle of intersection does not exceed 120°.
LOT DEPTH
The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT FRONT
A lot line which is coincident with a street line.
LOT WIDTH
The width of a lot measured along the rear line of the required front yard.
MOTEL
See "auto court."
NONCONFORMING BUILDING
That part of a building or structure which does not conform to one or more of the applicable height, bulk or yard regulations of this chapter, either at its original effective date or as a result of subsequent amendments hereto.
NONCONFORMING USE
Any use of a building or land lawfully established but which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendments hereto.
OCCUPANCY CERTIFICATE
A permit to occupy or use any building or plot of land.
OPEN SPACE
Unoccupied space on the same lot with a building or structure.
PARKING AREA
An off-street area reserved for the parking of motor vehicles, including necessary passageways and driveways giving direct access to a public street or alley.
PARKING SPACE
An off-street space, adequate for the parking of one motor vehicle, having dimensions of not less than nine feet by 18 feet, except for compact cars, exclusive of passageways and driveways appurtenant thereto and giving direct access to a public street or alley.
[Amended 9-14-2016 by L.L. No. 6-2016]
PREMISES
A lot together will all the buildings and uses thereon.
ROOF LINE
A horizontal line drawn through the mean point between the eaves and ridge of a roof.
SECONDHAND SALE
A sale of goods of every name and nature belonging to the family conducting the same and which were acquired by said family for its own use, whether or not such goods were actually used by such family. Such sales may not include goods, new or used, specifically acquired by the family for resale. A period of up to four consecutive days or two consecutive weekends shall constitute a single secondhand sale.
SETBACK
The distance from the street or lot line to the nearest building line permitted on a lot.
SIGN
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flag, badge or insignia of any government or government agency or of any civic, religious, patriotic, fraternal or similar organization.
SIGN, BILLBOARD ADVERTISING
An advertising sign which directs attention to an idea, product, business, service or entertainment which is sold or offered elsewhere than upon the premises on which such sign is situated.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted or to products sold upon the premises. A "for sale" or "to let" sign related to the lot on which it is displayed should be deemed a business sign.
SIGN, FLASHING
An illuminated sign on which the lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, IDENTIFICATION OR PROFESSIONAL
A sign showing the name and profession, occupation or pursuit conducted on the premises.
SIGN, MOVING
Any sign which moves in a revolving, rotating or reciprocating manner.
SPECIAL USE
Any use outside the normal activity regularly allowed within a given district and for which a special permit is required.
STORY
That portion of a building included between the surface of any floor and the bottom of any floor, ceiling or roof next above it, and any crawl space, basement or cellar that has a floor, ceiling or roof above it that is more than five feet above the level from which the building height is measured. Unheated and uninhabitable attics shall not be considered a story.
[Amended 9-13-2006 by L.L. No. 7-2006]
STREET WIDTH
The distance between property lines.
STRUCTURE
Anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.[1]
STRUCTURE HEIGHT
The vertical distance measured from the elevation of the finished grade at the front of a structure to the highest point of the structure.
[Added 9-13-2006 by L.L. No. 7-2006]
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER, HOUSE
A vehicle which is used or designed to be used for living or sleeping purposes and which is capable of standing on wheels, rigid supports or a permanent foundation.
USE
The specific purpose for which land or a building is intended, designed or arranged or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use incidental and subordinate to the principal use and contained in the same lot therewith.
VALUE, EQUALIZED FULL
Shall be determined by dividing the assessed value of a property by the state equalization rate (expressed as a decimal).
YARD, FRONT
An open, unoccupied space extending the full width of a lot and lying between the front lot line and the nearest permitted building line.
YARD, REAR
An open space, unoccupied except by permitted accessory buildings and uses, extending the full width of a lot and lying between the rear lot line and the nearest permitted principal building line.
YARD, SIDE
An open, unoccupied space lying between a side lot line and the nearest permitted principal building line and extending from the front yard area to the rear yard area.
[1]
Editor's Note: Definitions relating to swimming pools, which had been a part of former Section 10-16.01, were moved at time of publication to Ch. 222, Swimming Pools.