[Added 4-17-2003 by L.L. No. 2-2003;
amended 9-1-2005 by L.L. No. 2-2005; 8-3-2006 by L.L. No. 2-2006]
A.
One accessory building, as defined in § 350-3, shall be permitted on any lot in the Town of Webster, with the following limitations and under the following conditions:
(1)
The placement
of any such building shall conform to all setback requirements applicable
to other buildings in the district.
(2)
No such building
shall be placed nearer to the front property line than the rear line
or footprint of the main building or residence upon such lot.
(3)
No such building
shall be larger than 25% of the square footage of the main building
or habitable floor area of the residence upon such lot, or 2% of the
lot size, whichever is larger. In no case shall the accessory building
exceeded 2,500 square feet in size.
(5)
No accessory
building shall be higher than the main structure. In no circumstances
shall the zoning district maximum height be exceeded. The height,
as defined by the Webster Town Code, will be determined at the location
of the accessory structure. [In no circumstance (or event) shall such
building exceed 20 feet in height. Agricultural buildings on working
farms shall comply with the height requirement of the Town of Webster
zoning district in which they are being constructed.]
B.
Each application
for a building permit to construct, build or erect an accessory building
shall be accompanied by plans in sufficient detail to show:
(1)
A plot plan
of the property showing the location of the accessory building in
reference to side lines, rear lines and other buildings of the lot.
(2)
Accessory
building dimensions, depth and area.
(4)
An estimate
of the cost of the accessory building.
(5)
A plan that
shows any changes to the grading of the lot and the impacts on drainage.
C.
No more than
one accessory structure, and one shed, will be allowed on any lot
within the Town of Webster.
[Added 6-17-1993; amended 10-21-2010 by L.L. No. 10-2010]
It is the intent of this article to allow a
variety of business pursuits as permitted special uses in residential
districts while recognizing the substantial governmental goal of preserving
and maintaining the residential atmosphere, appearance and character
of residential districts. It must be recognized that, while business
pursuits are allowed under the conditions provided for in this article,
its primary purpose is to preserve and maintain the residential atmosphere,
appearance and character of residential districts. It is the intent
that the business be always second, subordinate and incidental to
the principal residential use and that it will not harm other residential
users of the property or premises. Under no circumstances should a
business use become so extensive that it predominates the residential
uses. It is the further intent of this article to set forth general
and specific performance standards and controls to limit home occupations.
These standards and controls have as their purpose the minimization
of adverse impacts a home occupation might have on a neighborhood
or district and to assure that it does not become the predominant
use of the property.
A.
Permit requirements.
(1)
No permit
shall be required for a minor home occupation.
(2)
No person shall commence a major home occupation without first obtaining a special use permit from the Zoning Board of Appeals in accordance with § 350-103. The applicant for a major home occupation special permit shall meet the following standards and conditions:
(b)
It is
incidental, secondary and/or subordinate to the use of the dwelling
unit for residential purposes.
(c)
No other
major home occupation is conducted on the premises.
(d)
It is
carried on by a person residing in the dwelling unit as principal
residence.
(e)
It has
no more than one employee, whether full-time or part-time and whether
paid or unpaid, who is not a resident residing on the premises.
(f)
The floor
area devoted or used for a home occupation shall be not more than
25% of the ground area of the principal structure, excluding any accessory
building or structure, or 500 square feet, whichever is less.
(g)
There
shall be no exterior display or storage of goods, materials, equipment
or inventory.
(h)
Except for one permitted identification or advertising sign not exceeding two square feet in area and not more than five feet above grade or ground level, which otherwise is in full compliance with the provision of Webster Town Code Chapter 265, there shall be no identification of the home occupation or advertising sign.
(i)
It generates
no additional need for additional off-street parking.
(j)
It uses
no equipment which would not customarily be used by the occupants
of a dwelling unit.
B.
C.
Revocation of
major home occupation permit. A major home occupation permit shall
be deemed revoked upon the occurrence of any of the following events:
(1)
A subsequent
permit is issued.
(2)
There is
a substantial change in the nature of the occupation, business or
profession carried out on the premises.
(3)
The home
occupation is not commenced within six months of the issuance of a
permit.
(4)
The home
occupation ceases or is discontinued for a period of three months
for any reason.
(5)
The person
carrying on the home occupation no longer resides on the premises.
D.
Inspections. The Fire Marshall and/or the Building Inspector of the Town of Webster shall conduct periodic inspection of all premises for which a major home occupation permit has been issued for compliance with the New York State Uniform Fire Prevention and Building Code, Code of the Town of Webster Chapter 165 and this article. Such inspections shall be made at any reasonable time. An inspection shall be performed at any other time upon:
(1)
The request
of the owner or authorized agent;
(2)
The receipt of a written statement specifying the grounds upon which the subscriber believes a violation of the New York State Uniform Fire Prevention and Building Code, Code of the Town of Webster Chapter 165 and this article to exist; or
(3)
The receipt
of other reasonable and reliable information that such a violation
exists.
[Added 6-17-1993]
Notwithstanding the applicable rear setback
requirements, there shall be permitted in a rear yard in any residential
district a deck which shall be allowed to encroach into the rear setback
a distance equal to 20% of the required rear setback as set forth
in the district in which the property is located. Such encroachment
will not be permitted into a buffer or district buffer area.
No structure of a temporary nature, basement,
tenement, shack, garage, camp trailer, barn or other building shall
be used at any time on any lot as a residence.
No lot may be used or occupied and no structure
may be erected, maintained or used for the harboring or raising of
pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink,
skunks or other nondomestic animals. Notwithstanding the foregoing,
nothing herein contained shall prohibit the raising of domestic animals
or poultry on any farm in the Town of Webster.
No farm animal may be stabled nor storage of
manure or other odor- or dust-producing substance allowed nearer than
75 feet to any lot line of any farm located in or adjoining any residential
district.[1]
Not more than one single-family detached dwelling
may be constructed on any residential lot.
[Amended 8-10-1978]
A.
In all residential
districts the finished grade line of all lots at the foundation wall
shall be 18 inches above the crown of the road.
B.
In the residential
districts, in the event that the setback is reduced, the required
grade line may be reduced proportionately.
C.
The Building
Inspector is hereby granted authority to vary the above grade-line
requirements depending upon the nature of the topography involved
in all instances. There shall be no grading allowed which would cause
drainage problems to a road or adjacent property. In the event that
drainage problems are indicated, the Building Inspector, before the
issuance of a building permit, may make specific requirements as to
grading and drainage, including the installation of drainage tile,
if required in his opinion.
D.
The Planning
Board may review, modify or change, upon application, the decision
of the Building Inspector herein as to grading and drainage requirements.
[Amended 1-7-2010 by L.L. No. 1-2010; 2-16-2017 by L.L. No. 2-2017]
A.
No commercial or construction
vehicle of any length shall be parked outside on any public property
within the Town unless used in conjunction with construction on said
property.
B.
No commercial vehicle or trailer
shall be parked on any private property in any residential district
unless used in conjunction with construction on said property.
C.
No commercial vehicle having
an overall length in excess of 21 feet, nor any semitractor, semitractor
trailer, or semitrailer of any length shall be parked on any public
or private property in a residential district unless temporarily in
connection with a permitted commercial or construction service, sales,
or delivery to such property.
D.
A commercial vehicle which is
not a semitractor, semitractor trailer, semitrailer or construction
vehicle having an overall length of 21 feet or less may be parked
outside on private property in a residential district subject to the
following conditions:
(1)
Only one such vehicle may
be parked on any lot containing the dwelling of the resident vehicle
owner or operator.
(2)
Such vehicle shall only be
parked on the driveway or in the garage.
(4)
Such vehicle shall be owned
or operated by the resident owner or occupant of the premises upon
which it is being parked.
[Amended 1-7-2010 by L.L. No. 1-2010]
A.
Unless otherwise permitted, no recreational vehicle
shall be parked outside on public property or a Town highway or street
for more than 12 hours in any twenty-four-hour period.
B.
One recreational vehicle, less than 13 feet in height
and less than 40 feet in length, may be parked on the driveway no
closer than 20 feet from the public street, however, no parking is
permitted in the rest of the front yard area.
C.
One recreational vehicle may be parked in the side
yard.
D.
One recreational vehicle may be parked in the rear
yard.
F.
For the purpose of this section, "parked" shall
mean the standing of a vehicle, whether occupied or not, other than
temporarily for the purpose of and while actually engaged in the loading
or unloading of merchandise or passengers.
G.
Such recreational vehicle or vehicles shall be owned
or operated by an owner or occupant of the premises upon which such
vehicle or vehicles are being parked.
[Added 4-23-1970; amended 7-18-2002 by L.L. No. 2-2002]
Any other provision of this chapter to the contrary notwithstanding, a private swimming pool which is an accessory use in an R-1, R-2, R-3, LL or WD District, and any deck or platform erected in connection therewith more than one foot above grade level, may be erected in a side or rear yard not closer than 15 feet to any lot line. A fence or railing erected in connection with any swimming pool shall comply with § 350-79 of this chapter. The height of such fence or railing shall be measured from the grade level to the top of the fence or railing.
[Added 10-12-1978; amended 12-14-1978; 6-17-1993; 5-16-1996; 1-7-2010 by L.L. No. 1-2010; 2-16-2017 by L.L. No. 1-2017; 5-5-2022 by L.L. No. 2-2022]
Notwithstanding the applicable side or rear yard requirements,
there shall be permitted in a side yard or a rear yard in any residential
district one utility shed no closer to any boundary line than 5 feet.
In no case shall a shed be erected, structurally altered or relocated
to any lot or parcel of land if any portion of such shed is within
the allowable front setback. No more than one utility shed shall be
permitted on any lot or parcel, and no utility shed shall be constructed
in excess the applicable lot coverage requirements. The longest outside
dimension of a utility shed shall not exceed a maximum of 20 feet
of length. The maximum building area shall not exceed 200 square feet.
The maximum average building height of the utility shed shall not
exceed 10 feet in height, as measured from the roof peak to the highest
eave. Such utility shed shall be used solely as accessory to the residential
use of the lot or parcel on which it is constructed, and its contents
shall be limited to lawn and garden tools and equipment, snow blowers,
bicycles, swimming pool equipment and supplies, and other tools and
equipment as are solely used in maintaining the lot or parcel on which
it is constructed. No utility shed shall be used at any time for a
dwelling or sleeping purposes.
[Added 1-7-2010 by L.L. No. 1-2010]
A.
No PSCs may be used on any property
within the Town of Webster unless a PSC permit has been issued by
the Town of Webster Building Division in accordance with this section.
B.
A PSC permit may be obtained
for the following purposes and time limits:
(1)
Temporary storage for a period
not to exceed seven days. No more than two permits may be issued per
calendar year for this purpose.
(2)
When a building permit has
been issued and the PSC is used to store construction materials or
household goods. The PSC must be removed within 14 days of the issuance
of the certificate of occupancy, certificate of compliance, or expiration
of permit, whichever is soonest.
(3)
When interior or exterior
renovations are taking place that do not require a building permit,
a PSC may be used to store construction materials or household goods.
A PSC permit may be issued for up to six months. One extension of
up to three months may be granted.
C.
Location of PSC. PSCs may be
located in the side or rear yard. A PSC located in the front yard
must be placed in the driveway, outside of the right-of-way, with
the approval of the Zoning Board of Appeals.
D.
The total number of PSCs shall
not exceed three per parcel, and the total square footage of all PSCs
per parcel shall not exceed 320 square feet.
E.
Applications for a PSC permit
may be obtained from the Town of Webster Building Division. The application
shall include a copy of the instrument survey or a sketch of the property
showing the proposed location of the PSC, the estimated time on property,
and size and number of units.
[Added 6-21-1990; amended 4-17-2003 by L.L. No. 2-2003; 8-6-2015 by L.L. No. 1-2015]
A.
Purpose. It is the purpose of
this section to provide for and permit the recreational keeping of
horses within residential districts of the Town of Webster and to
prohibit the keeping of horses in such a manner or in such location
as to be offensive to occupants of adjoining or neighboring properties.
The provisions of this section are to, in no manner, affect or prohibit
any validly existing or nonconforming uses of lands or buildings,
any previously granted use or area variance for lands or buildings,
nor to restrict normal agricultural uses.
B.
Regulations.
(1)
General. The recreational
keeping of horses shall only be permitted within the setbacks defined
per the residential district regulations in which the facility is
located.
(2)
Dimensional requirements
shall be as follows:
(a)
Minimum lot area. The
minimum lot area necessary for parcels involving the recreational
keeping of horses shall be three contiguous acres.
(b)
Number of horses. The
number of horses that may be present on a residentially zoned property
shall be in accordance with the following schedule:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Minimum Acreage
|
Maximum Number of Horses
|
|---|---|
|
Less than 3
|
None
|
|
3 to 4
|
2 or less
|
|
5 to 6
|
4 or less
|
|
More than 6
|
5, plus 1 for each additional acre
|
(c)
Setbacks. The location
of the stable, storage of manure, or other odor- and/or dust-producing
activity shall not be located nearer than 75 feet from any lot line
or nearer than 100 feet from any well, watercourse, floodplain, steep
slope, or regulated wetlands.
(d)
Fencing. There shall be erected and maintained a fence around all paddock areas, pasture areas, stables, or any other area where a horse is allowed. Such fence shall be a minimum of four feet high. All fences shall comply with the requirements of § 350-79 of this chapter, except that, regardless of the height of the fence, no fence shall be located closer than 10 feet from any adjoining property line. Such fence shall be of sufficient strength to prevent collapse and may be either a three- or four-board wooden rail fence, a smooth wire fence, a combination thereof, or a two-strand electrical fence, and shall be adequately secured to the interior of each post. All electrical fencing shall include signage facing the exterior of the paddock. All openings in said fence shall have a gate of sufficient strength and width for animals and equipment.
(e)
The owner of at least
50% of the number of horses allowed on any parcel shall reside in
the dwelling located on the parcel.
C.
Maintenance standards.
(1)
The stables, paddocks, pastures,
facilities, and property where horses are kept shall be maintained
in a clean, safe, and sanitary condition so as not to create any sustained
condition or odor that may be objectionable to neighboring properties.
(2)
Manure management. Adequate
storage of manure for the number of horses shall be provided in accordance
with the Best Management Practices for Horses, as published by the
U.S. Department of Agriculture and/or the Natural Resources Conservation
Service.
(3)
Manure shall be stored in
a location where runoff will not allow nutrients and pathogens to
enter waterways, floodways, or regulated wetlands.
(4)
Approved manure management
practices shall include composting, land application, or site removal
by an approved solid waste disposal operation.
(5)
Land application of manure
shall be completed in thin layers and shall not be applied to wet
or frozen soils.
(6)
All deceased animals in excess
of 200 pounds shall not be buried on site. Deceased animals shall
be disposed by an approved rendering company to prevent contamination.
(7)
Rotational grazing areas
shall be utilized to preserve adequate ground cover for the prevention
of soil erosion and the transport of pollutants to waterways.
D.
Stabling requirements.
(1)
The stabling or keeping of
horses shall be allowed on parcels where such use is secondary and
subordinate to the residential use only if there exists on said parcel
a single-family dwelling.
(2)
Adequate shelter facilities
shall be provided for all horses within the paddock. Shelters shall
have a minimum of three sides, with a waterproof roof to protect horses
from wind, rain, snow, and any other inclement weather. The shelter
shall be of sufficient height to allow all animals to stand upright
in their normal position.
(3)
Animals shall have adequate
and safe access to clean water to maintain normal hydration and cleaning
purposes. Grazing within watercourses shall not be permitted.[1]
(4)
The floor shall be dry and
suitable for the animals to lie down.
(5)
shall be stored in a location
where runoff cannot allow nutrients and pathogens to enter waterways
or floodwaters.
E.
Nonpermitted uses. Uses not permitted
in a residentially zoned area:
[Added 2-2-1995]
A.
Intent and purpose.
It is the specific purpose and intent of this section to permit accessory
apartments in single-family detached dwellings in single-family residential
districts in the Town of Webster in order to meet the diverse housing
needs of persons living in the Town of Webster. It is a further purpose
of this section to allow the more efficient use of the Town's existing
housing stock. It is also the intent of these provisions to assure
that the single-family detached dwelling character of the property
will be maintained and the accessory apartment remains subordinate
to the primary residence.
B.
Eligibility.
Accessory apartments may be located in single-family detached dwellings
located on properties in R-1 Single-Family Residential Districts,
R-2 Single-Family Residential Districts, R-3 Single-Family Residential
Districts and LL Large-Lot Single-Family Residential Districts.
C.
Standards.
(1)
Location
of unit.
(a)
Any accessory
apartment must be located in the principal dwelling unit on the premises.
No accessory apartment shall be located in a detached accessory building
or structure, except as follows:
(b)
Where
the lot area is at least twice the required minimum lot area for the
district in which it is located, an accessory apartment may also be
established, as described above, in a barn, garage or other detached
building on a residential property.
(2)
Number of
units. There shall be no more than one accessory apartment permitted
for each building lot.
(3)
Size. The
accessory apartment shall be limited to a maximum of 35% of the gross
floor area of the principal dwelling, excluding the floor area of
the accessory apartment, or 750 square feet, whichever is less, if
located in the same building as the principal dwelling; and 35% of
the total floor area of the detached building, excluding the floor
area of the accessory apartment or 500 square feet, whichever is less,
if located in a detached building.
(4)
Occupancy.
The principal dwelling unit in which an accessory apartment is located
must be occupied by one or more of the owners of record of property
on which the principal dwelling unit is located.
(5)
Construction
standards. The principal structure and the accessory apartment shall
comply with the New York State Uniform Building and Construction Code
requirements.
(6)
Utility service.
The principal dwelling unit and the accessory apartment shall have
only one service and one meter for each utility servicing the property.
There shall be only one sanitary sewer service, one water line service,
one electricity service and one natural gas service.
(7)
Special benefit
charges. All special benefits district or improvement district charges
assessed and levied shall be levied on the basis that the property
is a single-family residential property.
(8)
Exterior.
The structure in which the principle dwelling unit and accessory apartment
is located shall maintain the appearance of a single-family detached
dwelling.
(9)
Interior
access. When located in the principal dwelling, there must be at least
one unobstructed passageway between the principal dwelling unit and
the accessory apartment.
(10)
Access
to structure. Separate exterior access to the accessory apartment
is permitted; however, no separate exterior access to the accessory
apartment shall be located at the front of the structure.
(11)
Access
to parcel. Access to the parcel shall be limited to one point of ingress
and egress or curb cut at the parcel's right-of-way lines regardless
of the number of right-of-way lines of the parcel.
(12)
Recorded
restrictions. Prior to issuance of a certificate of occupancy, the
property owner(s) shall deliver to the Town Building Inspector an
agreement, in form and substance acceptable to the Town and suitable
for recording in the Monroe County Clerk's Office, acknowledging the
property's eligibility and the applicable standards for the property's
accessory apartment.
E.
Variances; waivers. The Planning Board may waive, subject to appropriate conditions, the requirements of this section relative to the size, utility service, exterior design and/or access of the accessory apartment. The Planning Board may grant such waivers in special circumstances where it determines that these requirements are not necessary to protect the interest of public health, safety and general welfare of the Town and is constructed in such a manner that it maintains the character and scale of the adjoining residences and blends into the existing neighborhood. Notwithstanding the foregoing, any application for waivers requested for accessory apartments that exist under Subsection D(2) shall be made to the Town Board.
F.
Effective date.
This section shall take effect as provided by law.
[Added 5-19-2011 by L.L. No. 2-2011]
B.
Dimensional requirements:
(1)
Minimum lot size: five acres.
(2)
Shelters for animals within
kennels must be behind the rear building line of the principal structure
and shall be no closer than 50 feet to all lot lines. This shall include
all outdoor areas enclosed by fences.
(3)
Each animal must be provided
a minimum of 50 square feet of space.
(4)
Off-street parking shall
be provided for customer parking.
C.
Additional requirements:
(1)
A noise and visual barrier
consisting of suitable fence or dense vegetative planting shall be
provided, fully encircling all kennel areas not enclosed in a building.
(2)
All animals must be confined
to an individual crate or cage within a building between 11:00 p.m.
and 6:30 a.m.
(3)
All dogs must be licensed
where required by state law.
(4)
No offensive odors shall
be emitted by the site.
(5)
No storage, composting, or
incineration of waste shall be allowed on the site.
