Town of Webb, NY Article III Regulations and Standards

§ 480-10 Interpretation of district boundaries.

The following rules shall apply in determining and interpreting the location of boundaries of the zoning districts, including subdistricts, shown on the Zoning Maps:[1]

A. Whenever district boundaries follow streets or highways, the center lines of the right-of-way of such streets and highways shall be considered to be the district boundaries. Whenever district boundaries follow or intersect rivers, streams, lakes, ponds or other navigable bodies of water, the district boundaries shall follow or extend to the shoreline as herein defined, without limiting the use of such bodies of water as may otherwise be permitted by this chapter and by the State of New York or other agencies having jurisdiction therein.

B. Whenever district boundaries are so indicated that they apparently follow individual or great lot lines, such lot lines shall be considered to be the district boundaries.

C. Where a district boundary line does not follow any above lines, its position shall be as shown on the Zoning Map(s) by a dimension expressing its distance in feet from a street or other line as indicated, by other identifying information, or by use of the scale appearing on the Zoning Map(s).

D. Where a district boundary line divides a lot in single ownership on the effective date of this chapter, or any amendment of this chapter resulting in such division of a lot, the standards for the less restricted portion of such lot shall extend not more than 50 feet into the more restricted portion, provided the lot has frontage on a street or shoreline in the less restricted district.

E. Where private land in RV, RS, RS-1, RS-2, RR, CB, OS, and PD Districts adjoins New York State land in W, WF and I Districts, the common property line is the district boundary. When private land is acquired by New York State, the district boundary shall automatically be adjusted to the new limits of state ownership.

F. CO Conservation Overlay District.

(1) CO (Conservation Overlay) Districts are imposed as a second additional district over certain private lands in the Town. Boundaries of CO Districts are as follows:

(a) Along rivers navigable by boat designated to be studied as or designated as wild, scenic, or recreational rivers in accordance with the Environmental Conservation Law during the period of such designation: within 1/4 mile of the mean high-water lines.

(b) Along New York State forest preserve land now or hereafter classified as "wilderness," "primitive," or "canoe" in the Master Plan for Management of State Lands: within 1/8 mile of the New York State property line.

(c) Along federal or state highways or county highways designated by the Adirondack Park Agency or by the Town of Webb as major travel corridors: within 150 feet of the right-of-way lines where such highways are in Adirondack Park Agency Act rural use areas, or within 300 feet of right-of-way lines where such highways are in Adirondack Park Agency Act resource management areas.

(2) Such CO Districts shall be in effect within the above-described areas, whether or not fully shown on Attachment 2, Zoning Maps 1 through 16.[2] The CO District boundary shall automatically be adjusted as lines and limits of applicable state-owned land or natural and man-made features may change from time to time. CO Districts are not applicable to state-owned land.

[2] Editor's Note: Attachment 2 is included as an attachment to this chapter.

G. In case of any uncertainty as to the true location of a district boundary line, the Board of Appeals, upon application, shall render a determination with respect thereto, including reference to Town maps and records which define and describe prior district boundary establishment or amendment, lot lines, right-of-way lines, or other lines and features defining district boundaries.

[1] Editor's Note: See Attachment 2, Zoning Maps, included as an attachment to this chapter.

§ 480-11 General regulations.

A. Regulations governing minimum lot area and lot width; required front (streetfront and shoreline), side and rear yard dimensions; and maximum building coverage and building height are specified in Attachment 1,[1] subject to such additional standards as may be set forth elsewhere in this chapter.

[1] Editor's Note: Attachment 1 is included as an attachment to this chapter.

B. Except as otherwise provided in this chapter:

(1) No building shall be erected, constructed, reconstructed or altered and no land or building or part thereof shall be used for any purpose or in any manner except as permitted for the district in which such land or building is located as set forth in the lists of permitted standards and conditional uses in Attachment 1.

(2) Boundary line adjustment. No existing lot of record on the effective date of this chapter shall be subdivided or otherwise reduced in size or changed in configuration so as to make it nonconforming or to expand or exaggerate an existing nonconformity under this chapter, except that the Planning Board may, upon application, consider a waiver of this requirement where an existing undeveloped lot is proposed to be subdivided for purposes of transfer and joining of each subdivided portion to adjoining lots; or where a common lot line of adjoining developed lots is to be adjusted through transfer and joining of a portion of one lot to the other. The Planning Board may grant such a waiver where it creates a more appropriate subdivision and use of land and otherwise serves the purposes of this chapter.

[Amended 10-10-2007 by Ord. No. 2-2007]

(3) No building shall be erected, reconstructed or altered, nor shall any open space surrounding any building be encroached upon or reduced in any way, except in accordance with the lot, yard and building requirements of this chapter for the district in which such building is or is proposed to be located or where such open space is located.

(4) No required yard or other open space surrounding any building located in conformance with this chapter shall be considered as providing such yard or open space for another building on the same lot or on any other lot.

(5) The regulations and standards listed for each district are hereby adopted and prescribed for such district, subject to other provisions of this chapter, and unless otherwise indicated, such regulations and standards shall be deemed to be the minimum requirements in every instance of their application.

(6) Nothing in this chapter shall be interpreted or construed to prevent the legal transfer of property so long as such transfer does not create or increase in magnitude a nonconforming lot, except as may be waived by the Planning Board in accordance with Subsection B(2) above.

§ 480-12 Additional lot and building regulations; modifications.

A. Only one principal structure shall be permitted on any one residential lot, except:

[Amended 10-10-2007 by Ord. No. 2-2007]

(1) More than one residential structure may be permitted on a single lot, provided that the structures are situated such that if the property were to be subdivided in the future, each structure would be situated on a lot that complies with all lot size, lot dimension, setback and other requirements of Attachment 1[1] herein.

[1] Editor's Note: Attachment 1 is included as an attachment to this chapter.

(2) As may be approved in a planned district or through other Planning Board waivers as permitted by this chapter.

B. On a corner lot in any district where a streetfront yard is required, a yard shall be provided along each street equal to the required front yard. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard in his application for a permit.

C. Where a single lot under individual ownership extends from one street to a parallel or nearly parallel street or shoreline, the principal structure shall be erected to front on the street or shoreline on which adjoining structures front.

D. When a vacant lot in any district, other than the Commercial Business Subdistrict CB-4, is situated between two improved lots, the front yard of the vacant lot shall have a minimum depth equal to the average depth of the front yards of the two adjoining improved lots, but not less than 20 feet from the streetfront or shoreline. When a vacant lot in a CB-4 Subdistrict is situated between or adjacent to improved lots, the front yard depth of the vacant lot may be reduced to the lesser front yard depth of the improved adjacent lots.

E. Where a residential district abuts a nonresidential district, there shall be provided in the nonresidential district, for a distance of 50 feet from the district boundary line, a front yard at least equal in depth to that required in the residential district. Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district, the side or rear yard along such abutting line in the nonresidential district shall be at least equal in depth to that required in the residential district. In no case, however, shall the abutting nonresidential district side or rear yard be less than 10 feet.

F. Projections into required yards shall be permitted only as follows:

(1) The space in any required yard shall be open and unobstructed except for accessory buildings and structures permitted in a side or rear yard and except for the ordinary projections of window sills, eaves, and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.

(2) A paved terrace, patio or similar paved area installed at the elevation of surrounding ground surfaces shall not be considered to be part of a building in the determination of yard dimensions or lot coverage, provided that such area is unroofed and not otherwise covered with a trellis, screening, or other structure and is without walls or other forms of enclosure exceeding six feet in height.

(3) Enclosed, open, roofed or unroofed porches and decks attached to any principal structure shall be considered to be a part of the building in determining the percentage of lot coverage and shall meet all front, rear, and side yard dimension requirements prescribed by this chapter for the district in which located.

(4) Enclosed, open, roofed or unroofed porches and decks not attached to a principal structure shall be considered to be accessory structures and shall conform to all of the regulations governing such structures established by this chapter.

(5) An open fire escape may extend into any required yard not more than five feet, provided that such fire escape shall not be closer than five feet at any point to any lot line.

(6) Entrance steps or stairways providing access to the first story, cellar or basement of a building may extend into any required yard a distance not to exceed five feet. Unenclosed steps and walkways not attached to a principal structure may be constructed in any required yard, provided that such structures are required to provide safe access to or egress from part of the property and provided that such structures do not exceed four feet in total width, including any handrails or attached fences. Construction of such steps and walkways shall require a permit.

G. A building or structure shall not have an aggregate height in feet greater than is permitted in Attachment 1[2] for the district in which such building or structure is located, except that such height limitations shall not apply to church spires, chimneys, water tanks and necessary mechanical appurtenances usually carried above the roof level, nor to flagpoles, sport facilities, transmission towers and cables, radio and television antennas or towers and similar structures, except where a height limitation is imposed elsewhere in this chapter. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No sign of any kind whatsoever shall be inscribed upon or attached to that part of any roof above or other structure which extends above the permitted building height.[3]

[2] Editor's Note: Attachment 1 is included as an attachment to this chapter.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. Unless expressly approved by the Planning Board, all retail and wholesale sales of merchandise, goods and services or other permitted commercial activities shall be conducted from a permanent structure located on the same lot upon which the commercial activity is conducted. Except as may otherwise be permitted by the Planning Board, outside display of merchandise shall be limited to an area not to exceed 10% of the floor area of the structure from which the sale is conducted and shall be located within 15 feet of the structure for which the permit for commercial use has been issued. In its consideration of exceptions to these provisions, the Planning Board shall be limited by the following:

[Amended 8-13-1997]

(1) Such exceptions shall be granted to commercial businesses clearly requiring such exceptions, as part of the consideration of a conditional use; or

(2) Such exception shall be granted for a limited time only, not to exceed five consecutive days in any year.

I. Modifications.

(1) The Planning Board, in accordance with the provisions of § 278 of the Town Law, as amended, may, with respect to new residential subdivisions of five or more acres, permit as part of its review of a proposed subdivision an application for modification of minimum lot area and width and streetfront, side, and rear yard dimension requirements and related clustering of buildings, so as to enable and encourage flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands, provided that the number of lots resulting from said subdivision shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were to be subdivided in strict compliance with the standard yard and lot area and other requirements applicable to the district in which located. Permitted uses and shoreline yard dimensions shall not be modified.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) In the course of its review of a request for modification, the Planning Board may require such information as is necessary to render a determination with respect thereto and shall examine the following considerations:

(a) Location, size and nature of the subdivision;

(b) Record of past subdivision of the property or lands contiguous thereto and their potential for future subdivision and development;

(c) Anticipated impacts of the proposed subdivision with respect to the objectives, standards and requirements of this chapter and Chapter 410, Subdivision of Land, of the Code of the Town of Webb and the Sanitary Code;

(d) Justification for modifications in terms of property dimensions, topographic, vegetative, soils, drainage and other conditions and natural resources which may influence the layout and design of the subdivision and the requested modification of standard requirements.

(3) If the Planning Board determines, on the basis of above considerations, that the purpose and intent of this chapter will be served by such modifications, approval of the residential subdivision shall include identification of those lots for which a waiver has been granted as part of the approval procedure. The final plat to be filed in the County Clerk's office shall be consistent in all respects with the waiver granted by the Planning Board.

§ 480-13 Accessory buildings and uses.

On any lot, accessory buildings and uses may be constructed and located, subject to the following:

A. All accessory buildings or uses shall require a permit prior to construction. Such permit shall be issued only with or after issuance of a permit for the principal building or use. If a certificate of compliance is not issued for the principal building or use within two years from the date of issuance of the permit for the accessory building or use, the conditions upon which said permit were issued shall be deemed not to have been complied with, and the accessory building or use shall be considered in violation of this chapter, unless an application for an extension of time is made to the Board of Appeals and the Board, by resolution, authorizes an extension of such time as it may deem appropriate to allow for compliance with the conditions under which the permit was issued.

B. No more than two accessory buildings occupying more than 150 square feet of the lot, such as a garage, home workshop, or boathouse, in addition to a boat dock, shall be permitted on any one-family or two-family residential lot. Accessory buildings occupying 150 square feet or less shall be limited to two in number, in addition to those permitted above. Permitted accessory buildings and uses on other residential or nonresidential lots shall be determined by the Planning Board in accordance with criteria for review of any proposed conditional use or planned district. See § 480-31, Shoreline requirements, for additional requirements for shoreline lots.

C. Accessory buildings to a residential use which are not attached to a principal building shall be located in accordance with the following requirements:

(1) In a side or rear yard, the building setback shall be at least 10 feet from both side and rear lot lines, except that the setback for any accessory building occupying more than 600 square feet of the lot measured at its exterior dimensions shall be the same as required for the principal building.

(2) In yards along the streetfronts of a corner lot, the setback along each streetfront shall be the same as required for the principal building.

(3) An accessory building shall be no closer to a principal or other accessory building than 10 feet.

D. An accessory building attached to a principal residential building or an accessory building to a nonresidential use, whether or not attached to the principal building, shall comply in all respects with the requirements of this chapter applicable to the principal building.

E. No accessory building, structure, or other enclosure shall be constructed or located to house livestock, other than a domestic household pet, on any lot less than three acres in size. Front, side and rear yard dimensions for any such building, structure, or other enclosure designed to house livestock shall be a minimum of 100 feet from streetfront, shoreline, and all other lot lines.

F. Maximum height of any accessory building shall be 1 1/2 stories or 18 feet, whichever is less, except that it shall not exceed the height of the principal building.

G. Swimming pools.

(1) A private outdoor swimming pool shall be permitted as an accessory use on a residential lot only in accordance with the following requirements:

(a) Such pool shall be accessory to a principal residential use and shall be erected only on the same lot as the principal structure.

(b) Such pool may be erected or constructed only in the side or rear yard of the lot, shall conform with the minimum side and rear yard requirements for the district in which located and shall be not less than 15 feet from any principal or accessory structure.

(c) Such pool shall be adequately fenced in order to assure that it will be used only by those persons having approved entrance to the pool.

(d) Such pool shall be situated and visually screened on the lot so as not to be visually obtrusive from the public right-of-way or any adjoining use or to present a nuisance to any adjoining use.

(e) Such pool shall not adversely affect the character of any residential neighborhood, and all lighting or other appurtenances shall be arranged so as to not interfere with or present a nuisance to any adjoining use.

(2) A swimming pool which is to be constructed or installed as an accessory use to a resort club, lodge, hotel, motel, tourist cabin, or similar commercial or private accommodation shall be permitted, subject to issuance of a permit. Such pool shall be situated and visually screened on the lot so as not to be visually obtrusive from the public right-of-way or any adjoining use or to present a nuisance to any adjoining use and shall be otherwise designed and sited in accordance with acceptable engineering standards so as not to cause erosion, subsidence, excessive drainage or impairment of drainage, or other adverse disturbance of surrounding ground surfaces and in accordance with any applicable county and state regulations and codes.

H. Visual screening.

(1) The yard requirements of this chapter shall not prohibit any retaining wall or any other wall, fence, or hedge or other solid planting mass, except as follows:

(a) On a corner lot in any district where a streetfront yard is required, no structure or planting shall be erected, placed or maintained which obstructs visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 30 feet distant from the point of intersection, measured along said lines. In general, a structure or planting which does not exceed three feet in height may be permitted but may be denied if such visibility is impaired, in the opinion of the Planning Board, in consultation with the Town Police Department.

(b) In any residential district, a wall, fence, or hedge shall be no closer to any streetfront lot line than two feet.

(c) In any district, a wall or solid fence located within a shoreline yard shall not exceed 100 square feet in surface area.

(d) Any use required to be visually screened shall provide a fence, hedge or other planting or combination thereof sufficient to obscure such uses from view from abutting properties, public rights-of-way and shorelines as is considered appropriate by the Planning Board.

(2) Site plans for the installation of visual screening required by this chapter for a conditional use or a planned district shall be reviewed and approved by the Board prior to authorization of a permit. Any fence or planting installed for visual screening shall be maintained in good condition; failure to maintain fencing or to replace dead or diseased plant materials shall be considered a violation of this chapter.

I. A building, mobile home, trailer or other structure accessory to a construction project and intended for temporary office, storage or related construction use may be permitted upon issuance of a temporary permit. Such installation is to be continued only for the duration of the construction project to which it is accessory, shall not be designed or used for living accommodations except for the temporary accommodation of a Clerk-of-the-works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the enforcement officer. Upon notice from the enforcement officer, the temporary permit shall expire, and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after such notice shall be considered a violation of this chapter.

§ 480-14 Nonconforming lots, structures and uses.

A. Nonconforming lots. In any district, a permitted standard use may be located and constructed on a lot which does not conform to either or both minimum lot area and minimum lot width requirements for said use, if the lot existed on the effective date of this chapter or on the date of any amendment of this chapter which resulted in such nonconforming lot condition, further provided that:

(1) If the owner of said nonconforming lot owns any adjoining undeveloped lot(s), the nonconforming lot shall be joined with all or subdivided portions of such adjoining lot(s) to create a conforming lot or to mitigate the nonconforming condition; and

(2) Any structure or use located on a nonconforming lot shall have yards conforming to the minimum requirements of the district in which it is located.

B. Nonconforming structures. Any nonconforming structure which existed on the effective date of this chapter may be retained. Any nonconforming structure or any structure which becomes nonconforming as a result of any amendment to this chapter may only be enlarged, expanded, replaced, or modified as follows:

(1) A nonconforming structure may be replaced by a structure which conforms to the standards applicable to the district in which it is located.

(2) A nonconforming structure shall not be added to or enlarged in any way that will increase the extent of any nonconforming feature, such as by decreasing the extent of any nonconforming yard, increasing the height beyond that permitted for structures in that district, or increasing lot coverage beyond that permitted in that district.

(3) A nonconforming structure other than a mobile home may be enlarged, expanded, replaced, or modified, whether in successive stages or at one time, including up to a 25% increase in floor area, except that any nonconforming one-family dwelling may be enlarged, expanded, reconstructed, or replaced up to twice the existing floor area for continued one-family use. Such enlargement, expansion, modification, replacement, or other change in a nonconforming structure shall be subject to review and approval of the Planning Board. The Board shall consider any such change in a nonconforming structure in terms of the review criteria contained in § 480-15D of this chapter and such other considerations as may be appropriate to the situation.

(4) A nonconforming structure may be repaired or a portion of such a structure may be replaced or reconstructed to an extent not to exceed 50% of its floor area during any single year without requiring Planning Board approval, provided that any such reconstruction or repair does not involve increasing the extent of any nonconforming feature.

(5) A nonconforming mobile home shall not be replaced or reconstructed in its entirety. This is not intended to prevent repair and replacement of existing mobile home components for maintenance purposes.

(6) A nonconforming sign shall not be reconstructed or replaced in its entirety so as to continue any nonconforming condition. If reconstructed or replaced, such signs shall be made to comply with the provisions of this chapter.

(7) Any structure for which a permit has been granted and on which construction or installation has commenced prior to any amendment of this chapter which results in a nonconforming condition may be completed.

C. Nonconforming uses. Any lawful use which existed on the effective date of this chapter may be continued. Any nonconforming use, or any use which becomes nonconforming as a result of any amendment to this chapter, may only be replaced, modified, or expanded as follows:

(1) A nonconforming use may be changed to a use permitted in the district in which it is located.

(2) A nonconforming use may not be changed to another nonconforming use, nor may additional nonconforming uses be established.

(3) Whenever a nonconforming use has been abandoned or removed for a period of two years, including a situation resulting from damage or destruction by fire, explosion or other disaster, the nonconforming use shall not thereafter be continued or reestablished, and any subsequent use of the lot shall be in conformity with the provisions of this chapter.

(4) A nonconforming use may be enlarged, expanded, replaced, or modified, whether in successive stages or at one time, including up to a 25% increase in floor area. In the case of enlargement or expansion of nonconforming resort club, lodge and lodging facility and hotel/motel/tourist cabin accommodation uses, the number of existing sleeping units shall not be increased by more than 25%. Any such enlargement, expansion, modification, replacement, or other change in a nonconforming use shall be subject to review and approval of the Planning Board as a conditional use. The Board shall consider any such change in a nonconforming use in terms of the review criteria contained in § 480-15D through F of this chapter and related considerations and standards as may be appropriate to the situation, with emphasis on assuring that adjoining uses, undeveloped land areas and natural resources will not be subjected to excessive density or overcrowding; denial of light or air; limitations to access; increased traffic or noise; or other effects to the extent that public health, safety, and general welfare, property and natural resource values and community character are impaired.

(5) A structure containing a nonconforming use may be repaired or a portion of such a structure may be replaced or reconstructed to an extent not to exceed 50% of its floor area during any single year without requiring Planning Board approval, provided that such reconstruction or repair does not involve increasing the floor area of the structure or any decrease in existing yard dimensions.

(6) A structure accessory to any nonconforming use shall not be enlarged, expanded, replaced, or modified, except as provided for in this subsection.

(7) Any nonconforming use enlarged, expanded, modified, replaced, or changed in accordance with this subsection shall conform to the minimum yard dimensions, building height, and lot coverage requirements applicable to the most restrictive use in the district in which the nonconforming use is located.

(8) A use for which a permit has been granted and on which construction or installation has commenced prior to any amendment to this chapter which results in a nonconforming situation may be continued.

D. Boundary line adjustment. A boundary line of a conforming or nonconforming lot may be adjusted in accordance with § 480-11B(2).

[Added 10-10-2007 by Ord. No. 2-2007]