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.Â
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.Â
ALTERATION, STRUCTURAL
AREA, BUILDING
AREA, FLOOR
AREA, LIVABLE FLOOR
AREA, LOT
AREA, NET RESIDENTIAL
AUTO COURT
AUTO WRECKING YARD
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING HEIGHT
BUILDING PERMIT
BUILDING, PRINCIPAL
COURT, INNER
COURT, OUTER
COVERAGE
DEVELOPMENT, PLANNED AREA
DWELLING
DWELLING UNIT
FAMILY
GASOLINE SERVICE STATION
GRADE, FINISHED
HOME OCCUPATION
HOSPITAL
HOTEL
JUNKYARD
LINE, BUILDING
LINE, CURB
LINE, LOT
LINE, STREET
LOT
LOT, CORNER
LOT DEPTH
LOT FRONT
LOT WIDTH
MOTEL
NONCONFORMING BUILDING
NONCONFORMING USE
OCCUPANCY CERTIFICATE
OPEN SPACE
PARKING AREA
PARKING SPACE
PREMISES
ROOF LINE
SECONDHAND SALE
SETBACK
SIGN
SIGN, BILLBOARD ADVERTISING
SIGN, BUSINESS
SIGN, FLASHING
SIGN, IDENTIFICATION OR PROFESSIONAL
SIGN, MOVING
SPECIAL USE
STORY
STREET WIDTH
STRUCTURE
STRUCTURE HEIGHT
TOURIST HOME
TRAILER, HOUSE
USE
USE, ACCESSORY
VALUE, EQUALIZED FULL
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
Any change causing enlargement, whether by extending on a
side or by increasing height, or moving from one location or position
to another.
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.
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.
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.
The total area within lot lines.
The total of areas usable for residential purposes, exclusive
of areas set aside for public use or for nonresidential uses.
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.
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.
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."
Any structure having a roof supported by columns or walls
and intended for a shelter, housing or enclosure of persons or chattel.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
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]
A permit to construct, reconstruct, enlarge or alter any
building or other structure.
A building in which is conducted the main or principal use
of a lot on which said building is situated.
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.
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.
The lot area or percentage of lot area covered by buildings
and other structures.
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]
A building designed or used as the living quarters for one
or more families.
A dwelling or portion thereof providing complete housekeeping
facilities for one 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.
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.
The completed surfaces of lawns, walks and roadways brought
to grade as shown on official plans or design relating thereto.
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."
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.
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.
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.
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.
The line at the edge of the paved portion of a street, whether
or not a stone, concrete or asphalt curb exists thereon.
The line dividing one lot from another or from a public street,
road or alley.
The dividing line between the street and the 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.
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°.
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.
A lot line which is coincident with a street line.
The width of a lot measured along the rear line of the required
front yard.
See "auto court."
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.
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.
A permit to occupy or use any building or plot of land.
Unoccupied space on the same lot with a building or structure.
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.
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]
A lot together will all the buildings and uses thereon.
A horizontal line drawn through the mean point between the
eaves and ridge of a roof.
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.
The distance from the street or lot line to the nearest building
line permitted on a lot.
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.
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.
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.
An illuminated sign on which the lighting is not maintained
stationary or constant in intensity and color at all times while in
use.
A sign showing the name and profession, occupation or pursuit
conducted on the premises.
Any sign which moves in a revolving, rotating or reciprocating
manner.
Any use outside the normal activity regularly allowed within
a given district and for which a special permit is required.
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]
The distance between property lines.
Anything constructed or erected the use of which requires
location on the ground or attachment to something having location
on the ground.[1]
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]
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
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.
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.
A use incidental and subordinate to the principal use and
contained in the same lot therewith.
Shall be determined by dividing the assessed value of a property
by the state equalization rate (expressed as a decimal).
An open, unoccupied space extending the full width of a lot
and lying between the front lot line and the nearest permitted building
line.
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.
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.
