[Amended 3-7-1991 by L.L. No. 1-1991; 6-17-1993]
The following zoning districts are established:
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R-1
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Single-Family Residential District
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R-2
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Single-Family Residential District
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R-3
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Single-Family Residential District
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LL
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Large-Lot Single-Family Residential District
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MHR
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Medium-High Residential District
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LMR
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Low-Medium Residential District
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LC-I
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Class I Neighborhood Commercial District
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LC-II
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Class II Low-Intensity Commercial District
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MC
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Medium-Intensity Commercial District
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HC
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High-Intensity Commercial District
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CO
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Commercial Outdoor Storage District
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I-N
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Industrial District
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WD
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Waterfront Development District
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OP
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Core Area North - Office Park
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PDD
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Progressive Development Overlay District
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OS
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Open Space Overlay District
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[Amended 6-17-1993; 7-17-2003]
The aforesaid districts are bounded as shown
on a map entitled "Zoning Map of the Town of Webster," effective February
20, 2003, and certified by the Town Clerk, which accompanies and which,
with all explanatory matter thereon, is hereby made a part of this
chapter.[1] When zoning district boundaries are changed, they shall
be coincident with roadways and lot lines, where practical. The Town
Board shall explore all opportunities to eliminate dual-zoned lots.
[1]
Editor's Note: A copy of the Zoning Map is
available for inspection in the office of the Town Clerk.
[Added 7-17-2003 by L.L. No. 4-2003;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The application for rezoning shall be in the
format of a petition to the Town in a format approved by the Town
Attorney. The petition shall contain the information described in
Subsections A and B below and shall be verified before a person authorized
by law to administer oaths. The number of copies shall be determined
by the Commissioner of Public Works or his/her division head, agent
or designee, who shall approve the content of the petition before
it is accepted for filing by the Town Clerk.
A.
Documents.
(1)
Name, address
and telephone number of the applicant and, if he is not the owner,
his interest in the property.
(2)
Name, address
and telephone number of the owner(s) of the property proposed for
rezoning.
(3)
A legal description
and existing street address of the total site proposed for rezoning.
(4)
A survey of
the total site, prepared by a licensed person.
(5)
Identification
of existing and proposed zoning.
(6)
A statement
of planning objectives to be achieved by the rezoning. This statement
should include a description of the character of the proposed development,
the rationale behind the assumptions and choices made by the applicant
and a statement of how the development meets the objectives of the
Comprehensive Plan.
(7)
A general
statement as to how open space is to be owned and maintained, if relevant.
(8)
A development
schedule indicating the approximate date when construction can be
expected to begin and be completed and any stages thereof.
(9)
A statement
of the applicant's intentions with regard to the future selling or
leasing of all or portions of the proposed development.
(10)
Quantitative
data for the following:
(11)
A development
plan, if required by the Planning Board, in order to assure that the
proposed zoning is consistent with the Comprehensive Plan and the
intent and objectives of this chapter.
B.
Development plan.
The development plan must contain the following minimum information,
unless waived by the Planning Board as not being applicable. Maps
shall be drawn to scale.
(1)
The existing
site conditions, including property lines, contours, water sources,
floodplains, unique natural features and tree cover.
(2)
Proposed land
use arrangement.
(3)
The location
of all existing and proposed structures and other improvements, including
maximum heights, types of dwelling units and location of nonresidential
floor area.
(4)
The location
and size, in acres or square feet, of all use areas and areas to be
conveyed, dedicated or reserved as common open spaces, public parks,
recreational areas, school sites and similar public and semipublic
areas.
(5)
The existing
and proposed circulation system of arterial, collector and local streets,
including off-street parking areas, service areas, loading areas and
major points of access to public rights-of-way, including major points
of ingress and egress to the development. Notations of proposed ownership,
public or private, should be included where appropriate.
(6)
The existing
and proposed pedestrian circulation system, including its interrelationships
with the vehicular circulation system.
(7)
The existing
utilities systems, including sanitary sewers, storm sewers, stormwater
retention areas and water lines.
(8)
Information
on lands owned by the applicant within 500 feet of the perimeter of
the area proposed to be rezoned.
(9)
Sketches or
other representations of typical structures and improvements sufficient
to relay the basic architectural intent of the proposed improvements.
(10)
Any additional
information as might be required by the Planning Board to evaluate
the character and impact of the proposed rezoning.
C.
Town Board action. Upon receipt
of a petition for rezoning, the Town Clerk shall transmit it to the
Town Board. The Town Board shall review the application and may take
one of the following actions:
[Amended 11-5-2009 by L.L. No. 3-2009]
D.
Planning Board
review.
(1)
Upon referral
of a petition for rezoning, the Town Clerk shall transmit it to the
Department of Public Works for distribution to the Planning Board,
and other officials and agencies as it may deem appropriate for their
review, report and recommendation.
(2)
The Planning
Board shall review the petition and development plan and evaluate
reports received from reviewing officials and agencies. Within 60
days following receipt by the Planning Board of the petition, the
Planning Board shall furnish to the Town Board and applicant either
its findings that the proposed rezoning complies with the Comprehensive
Plan and the regulations, standards, intent and objectives of this
chapter or a finding of any failure of such compliance and a recommendation
that the rezoning be approved, disapproved or modified.
(a)
Favorable
report. A favorable report shall be based on the following findings,
which shall be included as a part of the report:
(b)
Conditions.
The Planning Board may include in a favorable report a recommendation
that the Town Board establish conditions as a part of any resolution
approving the application in order to protect the public health, safety,
welfare and environmental quality of the community and to carry out
the intent and objectives of the Comprehensive Plan and this chapter.
(c)
Unfavorable
report. An unfavorable report shall state clearly the reasons therefor
and, if appropriate, point out to the applicant what changes might
be necessary in order to receive a favorable report.
(3)
If the petitioner
does not request a public hearing as provided for by this section
within three months after the Planning Board makes its report, the
petition shall be deemed withdrawn.
E.
Town Board action.
Following completion of Planning Board review, the Town Board may
take one of the following actions:
[Amended 8-3-2006 by L.L. No. 2-2006; 11-5-2009 by L.L. No.
3-2009]
(1)
Take no action.
(2)
Set a date for a public hearing
for the purpose of considering the application and cause notice to
be given as required by law.
(a)
Public hearing.
[1]
Notice; posting of signs.
[Amended 6-3-2021 by L.L. No. 4-2021]
[a]
Proper notice of
a public hearing before any board shall be given by legal notice published
in the official newspaper of the Town of Webster, at least five days
before the date set for a public hearing, as required by Article 16
of the Town Law.
[b]
Those submitting
applications before the Planning Board and Zoning Board of Appeals,
and all special permit and rezoning applications before the Town Board,
shall be required to post a Town-provided sign in a publicly conspicuous
location on or in front of the front property line of the property
affected. Said sign shall notify the public of a pending application
and hearing and shall be posted not less than 10 days prior to and
up to the date of the hearing. Such sign shall be provided by the
Town and/or its designee and shall be removable by the Town and/or
designee within five days after the hearing is concluded.
[2]
The Town Board shall
render a decision within 60 days of the public hearing.
[3]
If the Town Board approves
the amendment, supplement, change or modification to district boundaries
or classifications thereof, the Zoning Map shall be amended after
publication as required by law.
[4]
The Town Board may,
in order to protect the public health, safety, welfare and environmental
quality of the community, attach to its resolution approving an application
additional conditions or requirements consistent with the intent and
objectives of the Comprehensive Plan and this chapter. The notice
of the adoption of the resolution shall not be published, nor shall
the Zoning Map be amended, until the applicant has filed with the
Town Clerk written consent to those conditions, which consent shall
be filed by the applicant or the applicant's authorized representative
within 30 days of the date of the meeting adopting said resolution.
F.
Review of zoning
changes. For property not developed following a zoning classification
change the applicant shall appear before the Town Board annually to
review the zoning change, to determine whether or not the classification
remains appropriate. Following the review, the Town Board may call
a public hearing to consider a further change in classification, as
it deems appropriate using the criteria established in this chapter.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Where district
boundaries are indicated as approximately following the center lines
of street or highways, street lines or highway right-of-way lines,
such center lines, street lines or highway right-of-way lines shall
be construed to be such boundaries.
B.
Where district
boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries.
C.
Where district
boundaries are so indicated that they are approximately parallel to
the center lines or street lines of streets or the center lines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto at such distance therefrom as
indicated on the Zoning Map. If no distance is given, such dimension
shall be determined by the use of the scale shown on said Zoning Map.
D.
Where the boundary
of a district follows a railroad line, such boundary shall be deemed
the nearer line of the right-of-way.
E.
Where the boundary
of a district follows a stream, lake or other body of water, said
boundary line shall be deemed to be at the center line of such stream,
lake or other body of water unless otherwise indicated.
F.
Where a district
boundary line divides a property held in single or joint ownership
of record at the time such line is adopted, the regulations for the
less restricted portion shall extend not more than 50 feet into the
more restricted portion, provided that the property has frontage on
a road in the less restricted district.
G.
For purposes of
determining dimensional requirements for buildings and structures
located on corner lots, the yards included between a right-of-way
and any building line shall be considered front yards, and they yard
between one of the remaining boundary lines and any building line
shall be considered a rear yard, and the other remaining yard shall
be considered a side yard.
[Amended 9-26-1974; 10-12-1978; 12-28-1978]
H.
In their interpretation
and application, the provisions of this chapter shall be held to be
the minimum requirements adopted for the promotion of the public health,
morals, safety and general welfare. Wherever the requirements of this
chapter are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the most restrictive or
that imposing the higher standards shall govern.
A.
Except as herein
provided, no building, structure or land shall hereafter be used or
occupied and no building, structure or part thereof shall be erected,
moved or structurally altered unless permitted by and in conformity
with the regulations herein specified for the district in which it
is erected, structurally altered or removed to. No building or structure
shall hereafter be erected or structurally altered to exceed the height,
length and width, to accommodate or house a greater number of families,
to occupy a greater percentage of lot area or to have narrower or
smaller rear yards, front yards or side yards than specified herein
for the district in which such building is located.
B.
No part of any
yard or other open space required about any building for the purpose
of complying with the provisions of this chapter shall be included
as part of a yard or other open space similarly required for another
building.
