This chapter shall be known as the "1976 Zoning Local Law of the Village of Webster, New York."
In the interpretation of this chapter, the following rules shall apply:
A. 
Words used in the present tense shall include future tense.
B. 
The singular includes the plural.
C. 
The word "person" includes a corporation as well as an individual.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The term "used" or "occupied," as applied to any land or structure, shall be construed to include the words "intended, arranged or designed to be used or occupied," except as to nonconforming uses or structures.
[Amended 6-9-1994 by L.L. No. 2-1994]
F. 
The word "shall" is mandatory; "may" is permissive.
[Added 6-9-1994 by L.L. No. 2-1994]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building the use of which is customarily incidental to that of the main building and which is located on the same lot as that occupied by the main building.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
[Added 8-8-2019 by L.L. No. 1-2019]
ACCESSORY USE
A. 
A use, not otherwise contrary to law, customarily incidental to the use of a building for dwelling purposes and including:
(1) 
The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher or other like professional persons residing on the premises. There shall be no more than four paid employees or assistants. This "accessory use" shall not apply to Residential R-1-13.6 and Residential R-1-9.6 Districts.
[Amended 4-14-1980 by L.L. No. 3-1980]
(2) 
Home workshops which do not constitute a nuisance by reason of smoke, odor, vibration, dust or noise. There shall be no paid employees or assistants.
(3) 
Customary home occupations such as millinery and dressmaking conducted by a person residing on the premises, with no paid employees or assistants. The foregoing does not include tailor shops, barbershops or hairdressing shops. This "accessory use" shall not apply to Residential R-1-13.6 and Residential R-1-9.6 Districts.
[Amended 4-14-1980 by L.L. No. 3-1980]
B. 
An "accessory use" may be conducted in the main building or in an accessory building, but in the case of uses provided for in Subsection A(1) and (3) above, such use shall not occupy a floor area greater than 300 square feet. There shall be no commercial display visible from the street or advertising, except for a small professional nameplate or announcement sign not larger than two square feet in area.
[Amended 1-9-1989 by L.L. No. 1-1989]
ALTERATION OF BUILDING
Any change in supporting members of a building, except such change as may be required for its safety; any addition to a building; any change in use from one district classification to another; or removal of a building from one location to another.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
[Added 8-8-2019 by L.L. No. 1-2019]
APARTMENT
A room or suite of two or more rooms designed or used solely as a residence in a building not used as a hotel, rooming house or boardinghouse or for other transient occupancy. The terms "apartment" and "apartment building" shall not be deemed to include a hotel, motel, automobile court, bed-and-breakfast, tourist home, furnished rooming house, dormitory, boarding home, convalescent home, rest home, nursing home or other accommodation used for transient occupancy.
[Added 10-11-2012 by L.L. No. 5-2012]
APARTMENT BUILDING
Any structure divided into four or more individual apartments which share common entry, internal circulation or parking facilities, and the totality of said structure is contained within a single parcel with a single tax account identification number.
[Added 10-11-2012 by L.L. No. 5-2012]
APARTMENT COMPLEX
More than one apartment building, each divided into three or more apartments, designed or used solely for residential purposes detached and grouped together on a single parcel.
[Added 10-11-2012 by L.L. No. 5-2012]
APARTMENT HOUSE
A multifamily dwelling or a building consisting of more than two apartments.
ARCHITECTURAL DESIGN FEATURES
A prominent or significant part or element of a building, structure or site. Architectural features include, but are not limited to, the following:
[Added 10-11-2012 by L.L. No. 5-2012]
A. 
ARCADEPassage or walkway covered over by a succession of arches or vaults supported by columns.
B. 
AWNINGA movable ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the facade of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics. An awning shall not be considered a "building overhang" (see below). Also referred to as a "canopy."[1]
C. 
CORNICEThe uppermost section of moldings along the top of a wall or just below a roof.
D. 
FASCIAAny horizontal surface which spans across the top of columns or across the top of a wall. Specifically, used to describe the horizontal "fascia board" which caps the end of rafters outside a building.
E. 
PROJECTIONA vertical or horizontal break in a building facade which moves the wall surface outward.
F. 
RECESSA vertical or horizontal break in a building facade which moves the wall surface inward
AREA, BUILDING
The minimum first-floor area used for living purposes shall be the horizontal area of a building measured at the ground level along the exterior foundation walls, excluding accessory buildings, open porches, terraces, steps and garages, whether attached or unattached.
ASSEMBLY USE
A building or structure where groups or individuals voluntarily meet to pursue their common social, educational, religious, recreational, or other interests, but not including an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. For the purposes of this definition, assembly uses do not include temporary festivals, animal shows and similar outdoor events, or conference centers/convention centers.
[Added 10-11-2012 by L.L. No. 5-2012]
AUTOMOBILE SALES AREA
An area of open land with accessory buildings, used for the display, sale or rental of new or used automobiles and where no repair work is done.
AUTOMOTIVE SERVICE, LIMITED
[Added 10-11-2012 by L.L. No. 5-2012]
A. 
General definition. Uses that provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed. Incidental uses may include auto repair and tire sales.
B. 
Examples. This classification includes the following types of specific uses:
(1) 
CAR WASHAny building, land or other premises, the principal use and primary revenue generating activity of which is the washing, waxing or cleaning (detailing) of automobiles or similar light vehicles. The retail dispensing or sales of vehicular fuels and convenience retail are permitted as accessory uses.
(2) 
QUICK LUBRICATION SERVICESAny building used for minor servicing and repair of automobiles and light trucks, with an emphasis on the sale and installation of lubricants. Body and fender work or repair of heavy trucks or vehicles and retail dispensing or sales of vehicular fuels are excluded from this use classification.
BAR
An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption during any period of the day as permitted by law. Such an establishment is subject to the regulatory authority of the New York State Liquor Authority. The incidental sale or provision of food, light fare or snacks shall not entitle such a use to be considered a restaurant under other provisions of this chapter. Also, the periodic provision of musical, theatrical or other forms of live or prerecorded entertainment shall not entitle such a use to be considered a theatre or cultural use facility under other provisions of this chapter. Synonyms include "pub" or "tavern."
[Added 10-11-2012 by L.L. No. 5-2012]
BED-AND-BREAKFAST
A private residence in which no more than five rooms are set aside for overnight guests whose paid accommodations include breakfast. The operator shall live on the premises or in adjacent premises.
[Added 8-23-2001 by L.L. 3-2001; amended 10-11-2012 by L.L. No. 5-2012]
BERM
An earthen construct designed to provide visual interest, screen undesirable views and/or decrease noise.
[Added 10-11-2012 by L.L. No. 5-2012]
BLOCK
The length of a street between two street intersections.
[Amended 10-11-2012 by L.L. No. 5-2012]
BOUNDARY LINE
The front, rear and side lines enclosing a lot or parcel of land as described in the owner's deed or as shown on the Village of Webster Tax Map or other authentic map if there is sufficient deed description.
[Amended 10-11-2012 by L.L. No. 5-2012]
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING ENTRY, PRIMARY
The primary location from which patrons, tenants, visitors and the general public may enter or exit the building. Utility and loading doors shall not be constituted as principal entrances unless they serve a dual purpose as such.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING ENTRY, SECONDARY
Any entry point with restricted access and not utilized as a primary means to access habitable or leasable space within a building.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING ENTRY, SHARED
An entrance utilized by multiple building tenants or occupants to access common areas and internal corridors within the building.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING FACADE, PRIMARY
Any building frontage:
[Added 10-11-2012 by L.L. No. 5-2012]
A. 
Facing public streets and/or any drive, parking lot, public or semipublic space, with or without a primary building entry;
B. 
Greater than three feet from any adjacent structure in side yards; or
C. 
Within 50 feet of any rear property boundary.
BUILDING FACADE, SECONDARY
All other building frontages not defined as a primary building facade.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING FOUNDATION
That part of a building, either partially exposed or completely subterranean, which supports the structure and connects the above structure with the land below.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING FRONTAGE
The width of a building facing a street or public parking lot; in the case of a corner lot, it may be either frontage at the option of the applicant. Where a mall exists, "building frontage" shall mean that portion of the building perimeter facing a street or designated parking areas; in the case of two such perimeters, it may be either frontage at the option of the applicant.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING GLAZING
Glass windows that provide transparency into the building or structure.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
[Amended 10-11-2012 by L.L. No. 5-2012]
BUILDING OVERHANG
A permanent component of the building facade which extends beyond the plane of the building, typically to provide shelter for entrances, dining areas, or windows. A building overhang differs from an awning (defined herein), in that overhangs are typically clad in solid surface materials.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING, MIXED-USE
Multistory buildings which include both residential and commercial uses, integrated in a compatible fashion, generally with residential uses located on upper stories.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING, OFFICE
A building that is divided into offices, either single or suites, for the transaction of business other than for mercantile, retail or manufacturing purposes where merchandise is on display and offered for sale. Offices used for a professional business, in part or in whole, will be classed as an office building.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING, PRINCIPAL
Any building in which is conducted the main or principal use of the lot on which such building is located.
[Added 10-11-2012 by L.L. No. 5-2012]
BUILDING, PUBLIC
Any building or structure used for municipal, civic, ecclesiastical, recreational or other purposes not used for enterprise.
[Added 10-11-2012 by L.L. No. 5-2012]
BUSINESS OFFICE
An establishment where one conducts an occupation, trade or profession.
[Added 8-23-2001 by L.L. No. 3-2001]
CARRY-OUT OR DELIVERY RESTAURANT
An establishment which by design of physical facilities or by packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off premises and where the consumption of foods in motor vehicles on premises is neither permitted nor encouraged.
[Added 8-23-2001 by L.L. No. 3-2001]
CLUBHOUSE
A building to house a club or social organization not conducted for private profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CO-LOCATION
The mounting or installing of a WCF on a preexisting structure, and/or modifying a structure for the purpose of mounting or installing a WCF on that structure.
[Added 8-8-2019 by L.L. No. 1-2019]
CONDOMINIUM
A property subdivided into individual units for occupancy as single-family dwellings, in which each unit owner holds fee simple title to the individual unit, retains an individual interest as a tenant in common in common facilities and common areas of the building and grounds which are used by all the unit owners and in which an agreement exists among the unit owners regulating the administration and maintenance of the property. Condominiums are governed under Article 9-B of the Real Property Law, also known as the "Condominium Act."
[Added 11-23-1981 by L.L. No. 3-1981]
CULTURAL USE FACILITY or MUSEUM
Any building, room or area designed or utilized primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits of various art forms or exhibits of cultural, historic, academic or scientific material.
[Added 10-11-2012 by L.L. No. 5-2012]
DAY-CARE FACILITY
A facility duly permitted by the New York State Department of Social Welfare providing or designed to provide daycare for five or more persons on a regularly scheduled basis. Also see § 390 of the Social Services Law of the State of New York.
[Added 10-11-2012 by L.L. No. 5-2012]
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 8-8-2019 by L.L. No. 1-2019]
DOG KENNEL
The keeping of more than two dogs that are more than six months old.
DRIVE-IN ESTABLISHMENT
A use or portion of a use which by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product via a motor vehicle which may be consumed or used on or off the premises. Such drive-through facilities include, but are not limited to, banking teller windows, automatic teller machines, restaurant order and pickup windows, and other pickup, delivery or transaction services deemed inclusive by the Zoning Board of Appeals. "Drive-through," "drive-in," or "drive-up" shall be considered synonymous terms.
[Added 8-23-2001 by L.L. No. 3-2001; amended 10-11-2012 by L.L. No. 5-2012][2]
DRIVEWAY
On residential properties, a graveled or paved area from the street to a garage, or to an area on which a conforming garage could be built, no more than 12 feet wide on properties where there is no garage, or 12 feet wide for each garage stall up to a total of 36 feet. A residence with a single stall garage may have an additional apron of 12 feet by 36 feet to facilitate two-car parking.
[Added 5-13-1999 by L.L. No. 3-1999]
DRY-CLEANING OUTLET
An establishment used to collect and distribute articles or goods of fabric to be subjected to the process of dry cleaning, dyeing or stain removal, at an off-site dry cleaning facility location.
[Added 10-11-2012 by L.L. No. 5-2012]
DWELLING, MULTIPLE-FAMILY
A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each. Apartment houses are considered to be multiple-family dwellings.
DWELLING or RESIDENCE
A building designated or used exclusively as the living quarters for one or more families.
DWELLING, SINGLE-FAMILY
A detached residence designed for or occupied by one family only.
DWELLING, TWO-FAMILY
A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
EMERGENCY
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Added 8-8-2019 by L.L. No. 1-2019]
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
[Added 8-8-2019 by L.L. No. 1-2019]
FACADE
That exterior wall and roof of a building facing the front line of the lot.
[Added 8-23-2001 by L.L. No. 3-2001]
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:[3]
A. 
The group shares the entire dwelling unit.
B. 
The group lives and cooks together as a single housekeeping unit.
C. 
The group shares expenses for food, rent, utilities or other household expenses.
D. 
The group is permanent and stable, and not transient or temporary in nature.
E. 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARM STAND
A temporary or permanent accessory structure, wagon or trailer, not exceeding 240 square feet in size, for the purpose of retail sale of produce, baked goods, and other farm products to the public.
[Added 10-11-2012 by L.L. No. 5-2012]
FARMERS' MARKET
A public market at which multiple farmers and often other vendors sell produce directly to public consumers.
[Added 10-11-2012 by L.L. No. 5-2012]
FCC
Federal Communications Commission.
[Added 8-8-2019 by L.L. No. 1-2019]
FENCE
Anything other than living plants, trees or shrubs designed to or which in fact does divide, enclose or screen a parcel of land or portion thereof and which does not support any roof structure or enclose any covered living space.
[Added 6-23-2005 by L.L. No. 4-2005]
FILLING STATION
A building or premises, or portion thereof, used for the retail sale of fuel for motor vehicles.
[Amended 10-11-2012 by L.L. No. 5-2012[4]]
FUNERAL HOME
An establishment with facilities for the preparation of the deceased for burial or cremation, for the viewing of the body and for the observances held for the deceased as an incident to burial or cremation.
[Added 10-11-2012 by L.L. No. 5-2012]
GARAGE, ATTACHED
A garage having a wall or a portion thereof common to a principal building.
[Added 1-9-1989 by L.L. No. 1-1989[5]]
GARAGE, COMMERCIAL
Any building, structure or lot which is used for the repair, maintenance or equipping of automobiles.
[Added 6-9-1994 by L.L. No. 2-1994]
GARAGE, PRIVATE
A building or enclosed space not available to the public that is used for the storage of automobiles, provided that no business, occupation or service is conducted for profit therein. Storage space is to be provided primarily for the residents on the premises. However, space may be rented for not more than two vehicles of other than the occupants of the building to which such garage is accessory.
GARAGE, PUBLIC
Any building or enclosed space available to the public for the storage, repair, rental, greasing, washing and servicing of motor vehicles.
GASOLINE SERVICE STATION
A building, structure or tract of land used for the storage and sale of gasoline, motor fuels, lubricants, accessories, supplies and any other materials related to the maintenance or equipment of automobiles or in which repairs, adjustments, maintenance or equipping of automobiles is conducted. The term shall include, without limitation, the rendering of the following services: fueling, changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; installing windshield wiper blades or light bulbs. The term shall not include any such establishment which renders such services or stores such materials for a single commercial or industrial establishment rather than offering such services and materials to the public.
[Added 6-9-1994 by L.L. No. 2-1994]
GREENHOUSE, COMMERCIAL
Establishments or places of business primarily engaged in retail sales from the premises, including trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials. Such establishments typically sell products purchased from others, but may sell material which they grow themselves. Also referred to as a "garden center" or "commercial nursery."
[Added 10-11-2012 by L.L. No. 5-2012[6]]
GREENHOUSE, PERSONAL
A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants, fruits or vegetables which is accessory to the main use of the property. Personal greenhouses are not to exceed 6,000 square feet in area, or 15% of the parcel, whichever is lesser.
[Added 10-11-2012 by L.L. No. 5-2012]
GREENHOUSE, WHOLESALE
An establishment engaged in the growing of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials for the sole purpose of offering for wholesale purchase. A wholesale greenhouse is considered an agricultural operation, not offering direct-to-consumer sales.
[Added 10-11-2012 by L.L. No. 5-2012]
GROSS FLOOR AREA (GFA)
The gross size of the total floor area of the outside dimensions of a building. These dimensions shall include the length, width and number of stories of the facility.
[Added 10-11-2012 by L.L. No. 5-2012]
GROSS LEASABLE AREA (GLA)
The gross size of the floor area of a commercial/retail facility which is leased.
[Added 10-11-2012 by L.L. No. 5-2012]
HEALTHCARE FACILITY, OUTPATIENT
A facility providing medical care, treatment and minor surgical procedures for non-life-threatening injuries. Such facilities typically operate for extended hours throughout the day and are utilized as an alternative to traditional emergency departments at hospitals. These facilities are not coincident with primary medical care providers and are not considered medical offices.
[Added 10-11-2012 by L.L. No. 5-2012]
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances but excluding any lightning rod.
[Added 8-8-2019 by L.L. No. 1-2019]
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by the residents of the dwelling and is clearly incidental and secondary to the use of the dwelling for dwelling purposes, with no paid employees or assistants.
HOSPITAL
A building used for the diagnosis, treatment or other care of human ailments, which term includes a sanatorium, clinic, rest home, nursing home and convalescent home.
HOTEL
A building used primarily to provide sleeping accommodations for the transient public in which more than six rooms are available for hire.
IMPERVIOUS SURFACE
Any roofed or other solid structure or material covering the ground through which water does not readily penetrate, including but not limited to concrete, oil and stone, tar or asphalt pavement, or compacted gravel. Regardless of the construction materials, any area which is used for driveway or parking purposes, including disturbed grass, ground cover or dirt shall be considered impermeable.
[Added 10-11-2012 by L.L. No. 5-2012]
IMPERVIOUS SURFACE COVERAGE
The ratio between impermeable surface and total land area of a lot expressed as the percentage of land covered by impermeable surfaces.
[Added 10-11-2012 by L.L. No. 5-2012]
INN
A commercial facility for the housing and feeding of transients, containing more than four rooms and less than 15 rooms. The facility may have accessory uses such as a restaurant or a bar.
[Added 10-11-2012 by L.L. No. 5-2012]
JUNKYARD
A lot or part thereof, whether inside or outside a building, used primarily for the collecting, storing and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
[Added 10-11-2012 by L.L. No. 5-2012]
LAUNDRY, SELF-SERVE
A business that cleans clothing or which is equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers. Use may or may not include a dry cleaning outlet.
[Added 10-11-2012 by L.L. No. 5-2012]
LOADING BERTH
An off-street space not less than 12 feet in width and 33 feet in length, adjacent to a building and accessible from the street, for the purpose of loading and unloading trucks.
LOT
A parcel of land occupied by, or which may be occupied by, a building and accessory building, and including the yards and other open spaces required by this chapter or the land shown as a separate lot or parcel on the records of Monroe County. Any portion of a lot which is within the street right-of-way shall be excluded from any determination of density, lot area or setback requirements of this chapter. The street right-of-way lines shall be considered the boundary of the lot in determining density, lot area or setback requirements.
[Amended 3-22-1982 by L.L. No. 2-1982]
LOT, CORNER
A lot fronting on two streets at their intersection.
LOT COVERAGE
The aggregate area of the lot covered by principal buildings plus each accessory building.
LOT DEPTH
The mean horizontal distance from the front lot line to the rear lot line, measured in the general direction of the side lot lines.
LOT WIDTH
The lot's mean width measured at right angles to its depth.
MIXED USE
A development or redevelopment that allows for the vertical and horizontal integration of a diverse range of complementary uses in a single structure or lot, including but not limited to residential, commercial and industry uses. A typical mixed-use structure would have commercial retail or office uses on the first floor, and commercial office or residential uses on the upper floors.
[Added 10-11-2012 by L.L. No. 5-2012]
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added 8-8-2019 by L.L. No. 1-2019]
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added 8-8-2019 by L.L. No. 1-2019]
MOTEL
A building or group of buildings not more than two stories in height having direct convenient access to a main traveled road, intended or designed to provide a series of sleeping units for the accommodation of transients. Each sleeping unit will consist of a minimum of a bedroom and a bathroom, and convenient access to a parking space for each unit's occupants will be provided.
NIGHTCLUB
Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music shall not be considered as a form of entertainment for the purposes of this definition. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater. Nightclubs are subject to the regulations found in Chapter 85.
[Added 10-11-2012 by L.L. No. 5-2012[7]]
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
Wireless communications facilities located or co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
[Added 8-8-2019 by L.L. No. 1-2019]
NOXIOUS USE
Any use which is continuously or regularly offensive or injurious by reason of the emission of excessive amounts of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration.
[Added 10-11-2012 by L.L. No. 5-2012]
OPEN PORCH
A porch open on three sides except for wire screening. A porch shall not be considered "open" if enclosed by either permanent or detachable glass sash.
PARKING ROOM
An arrangement that utilizes parking lot medians to break up the massing of parking lots into smaller components with a predetermined maximum number of parking spaces each. The maximum number of parking spaces in a parking room may vary between zoning districts.
[Added 10-11-2012 by L.L. No. 5-2012]
PARKING, SHARED
A legally binding agreement between two or more property owners to provide for the shared utilization of an aggregate number of parking spaces that collectively meets the parking needs of each party.
[Added 10-11-2012 by L.L. No. 5-2012]
PARKING SPACE
An area for the temporary parking of a motor vehicle, capable of containing a rectangle 10 feet wide and 20 feet long and clear to a height of seven feet, together with access aisles for maneuvering and passage to and from the public street. The minimum width of the aisle, whether serving spaces on one or both sides, shall be 24 feet. Such parking spaces and such access aisles shall be surfaced with concrete, asphalt, crushed stone or gravel and shall in no instance be on bare earth or grass areas.
PEDESTRIAN CONNECTION OR ACCOMMODATION
An improved pathway at least five feet in width devoid of obstructions or hazards and intended for use by pedestrians to commute between destinations, including but not limited to buildings, structures, parks and open spaces, parking areas, the sidewalk system or other walkways.
[Added 10-11-2012 by L.L. No. 5-2012]
PERSON
Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the State of New York, provided that "person" does not include or apply to the Village, or to any department or agency of the Village.
[Added 8-8-2019 by L.L. No. 1-2019]
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services involving the care of a person or his or her apparel, such as a barbershop or beauty parlor, shoe repair, dry cleaning, tailoring or dressmaking, optician, health club, clothing, rental shop, photographic studio and other similar services.
[Added 6-9-1994 by L.L. No. 2-1994]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is located.
PROFESSIONAL OFFICE
An establishment primarily engaged in providing professional services which are licensed by either the federal government, state government, or professional society such as doctors, dentists, lawyers, accountants, engineers, architects and other similar services. Electricians and plumbers are excluded from this definition.
[Added 8-23-2001 by L.L. No. 3-2001]
PROPRIETARY HOME
A multiple residence within which there is nursing care, supervisory care and medical care and treatment of the aged and infirm.
PUBLIC AND SEMIPUBLIC FACILITY
Any one or more of the following uses, including grounds and accessory buildings necessary for their use:
[Added 10-11-2012 by L.L. No. 5-2012]
A. 
Religious institutions.
B. 
Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. 
Schools.
D. 
Public libraries.
E. 
Not-for-profit fire, ambulance and public safety buildings.
F. 
Day-care centers.
PUBLIC REALM
All areas legally open to public use, such as public streets, sidewalks, roadways, highways, parkways, alleys and parks, as well as the interior and areas surrounding public buildings.
[Added 10-11-2012 by L.L. No. 5-2012]
PUBLIC REALM AMENITY
Structures or improvements open to the general public and intended to strengthen the urban fabric and enhance the pedestrian experience, such as but not limited to sidewalks, landscaped open spaces, public seating, public art, gathering spaces and crossing aids.
[Added 10-11-2012 by L.L. No. 5-2012]
RECREATIONAL FACILITIES
Includes facilities for activities, such as bowling, movies, theatres, pool halls and physical fitness facilities, but does not include those activities included under § 93-5 of this Code.
[Added 8-23-2001 by L.L. No. 3-2001]
RECREATIONAL FACILITY, COMMERCIAL
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities. Business primarily devoted to the amusement of the general public such as golf courses and driving ranges, bowling alleys, indoor amusement arcades and health clubs. Incidental food service is also included.
[Added 10-11-2012 by L.L. No. 5-2012]
REPLACEMENT
The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
[Added 8-8-2019 by L.L. No. 1-2019]
RESIDENCE
See "dwelling."
RESIDENTIAL USE
Those uses which are intended and designed to provide one or more dwellings.
[Added 10-11-2012 by L.L. No. 5-2012]
RESTAURANT
A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
[Added 10-11-2012 by L.L. No. 5-2012]
RESTAURANT, FAST-FOOD
A specific type of restaurant characterized both by its cuisine and minimal table service. Food is offered from a limited menu; is cooked in bulk in advance and kept hot; is finished and packaged to order; and is usually available ready to take away. Typically, these establishments also include a drive-through facility.
[Added 10-11-2012 by L.L. No. 5-2012]
RETAIL, CONVENIENCE
Small commercial establishments, less than 3,000 square feet in gross building area, catering primarily to residents of nearby areas, providing frequently needed retail goods and personal services, which may include ready-to-order and prepared foods, such as but not limited to sandwiches, pizza, and beverages. The sale or dispensing of petroleum-based fuels and lubricants for motor vehicles shall be limited to two pump islands. May include the sale of prefilled propane fuel tanks 40 pounds and smaller, yet does not include the refilling of any sized propane tank. See "automotive service, limited" for motor vehicle refueling stations.
[Added 10-11-2012 by L.L. No. 5-2012[8]]
RETAIL, NEIGHBORHOOD MARKET
Small retail establishment not to exceed 8,000 square feet in gross building area, specializing in the sale of articles such as food products, over-the-counter or prescription drugs, tobacco products, magazines, candy, beverages and similar convenience items. The sale of petroleum-based products shall be limited to over-the-counter goods prepackaged by unit for retail sale, and shall exclude the dispensing of bulk petroleum-based products. Neighborhood markets differ from small retail by the volume of vehicular traffic generated, typically exceeding 750 vehicle trips per day.
[Added 10-11-2012 by L.L. No. 5-2012]
RETAIL, SHOPPING CENTER
Any building or structure larger than 8,000 square feet in gross building area in which one or more articles of merchandise, commerce or services are provided, including but not limited to department stores, furniture stores, appliance sales, home goods, food markets, clothing and accessory stores, and pharmacies. Such uses may include an individual business, a building with multiple businesses, or a parcel with multiple retail buildings.
[Added 10-11-2012 by L.L. No. 5-2012]
RETAIL, SMALL
Any building or structure less than 8,000 square feet in gross building area in which a limited range of merchandise or services are provided for sale, including but not limited to salons, clothing and accessory stores, banks, insurance sales, small-scale grocery or nutritional goods stores, or proprietary goods manufactured or assembled on-site. Small retail generates the lowest level of traffic compared to other retail operations, typically below 750 vehicle trips per day.
[Added 10-11-2012 by L.L. No. 5-2012]
ROAD, PRIMARY
NY Route 404, NY Route 104, and NY Route 250.
[Added 10-11-2012 by L.L. No. 5-2012]
ROAD, SECONDARY
All roads not defined as primary roads.
[Added 10-11-2012 by L.L. No. 5-2012]
ROOF
The exterior covering on the uppermost part of a building, with the primary purpose to protect the building and its contents from the effects of weather. The following additional definitions also apply:
[Added 10-11-2012 by L.L. No. 5-2012]
A. 
ROOF EAVEThe extension of the roof beyond the structural building wall.
B. 
ROOF, FALSEA structure utilized to screen the appearance of rooftop mechanical equipment, having the appearance of a roof structure that is integrated and appropriate to the architecture of the building.
C. 
ROOF, GABLEA roof section with a single break at the center of the roof structure which creates a triangular portion of wall below the sloping roof.
D. 
ROOF, GAMBRELA usually symmetrical two-sided roof with two slopes of either side, with the upper slope positioned at a shallow angle, and the lower slope having the steeper pitch.
E. 
ROOF, HIPA roof where all sides slope downwards to the walls, usually with a fairly gentle slope.
F. 
ROOF, MANSARDA roof with a double pitch on all four sides, the lower slope having the steeper pitch.
G. 
ROOF, SHEDA roof that slopes only in one direction, having a side wall that is higher than the other.
SCHOOL, PRIVATE
A school established by a nongovernmental organization supported by private funds for the purposes of providing education.
[Added 10-11-2012 by L.L. No. 5-2012]
SCHOOL, PUBLIC
Any elementary or secondary school supported by public funds and providing free education for children of a community or district.
[Added 10-11-2012 by L.L. No. 5-2012]
SCREEN or SCREENING DEVICE
A method of reducing the adverse impacts associated with noise, glare and unsightly visual intrusions with less offensive or more harmonious elements, such as vegetation, berms, fences, walls or any appropriate combination thereof. A screen shall be opaque and shall obscure 100% of such views to the extent prescribed herein.
[Added 10-11-2012 by L.L. No. 5-2012]
SELF-STORAGE FACILITY
The primary purpose of this use is the provision for the storage of personal or commercial goods in which the owner of the facility does not have care, custody or control of the customers' goods. The facility is typically a one-story building with an overhead door in the front or on all sides in some cases. It may also be multiple stories and may or may not include climate-controlled buildings. Each door will service a storage compartment. A site plan will be required that provides for the ability to drive up to the building. This definition does not include temporary portable storage units. Truck rentals are considered to be an ancillary use that is incidental to the principal use; however, the minimum lot size requirement must be increased to 1.5 acres.
[Added 10-11-2012 by L.L. No. 5-2012]
SENSE OF PLACE
The creation of a built environment that is unique within its surroundings and appropriate within the local or regional context, and evokes a positive pedestrian or user experience.
[Added 10-11-2012 by L.L. No. 5-2012]
SERVICE STATION
See "automotive service, limited."
[Added 10-11-2012 by L.L. No. 5-2012]
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed, when used out-of-doors or on the exterior of any building, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.
SIGN, A-FRAME (SANDWICH SIGN)
A two-sided, freestanding, ground-mounted, nonpermanent sign shaped like an inverted V(/\), of no more than 12 square feet for each side, used for business identification as provided for in § 175-54D(3) and F of the Code of the Village of Webster; or for the announcement of temporary events as provided for in § 175-54B(11), C(3), and F of the Code of the Village of Webster.
[Added 5-13-1999 by L.L. No. 2-1999; amended 9-11-2008 by L.L. No. 10-2008]
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility, including but not limited to DAS and microcells, that meets each of the following conditions:
[Added 8-8-2019 by L.L. No. 1-2019]
A. 
The structure on which antenna facilities are mounted:
(1) 
Is 50 feet or less in height; or
(2) 
Is no more than 10% taller than other adjacent structures; or
(3) 
Is not extended to a height of more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and
B. 
Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
C. 
All antenna equipment associated with the facility (excluding antennas) is cumulatively no more than 28 cubic feet in volume;
D. 
The facilities do not require antenna structure registration under 47 CFR Part 17;
E. 
The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
F. 
The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
SPACE, PRIVATE
Privately held space that is only accessible to the public upon invitation or upon the granting of permission to enter the space.
[Added 10-11-2012 by L.L. No. 5-2012]
SPACE, PUBLIC
A publicly controlled space that is typically available and open to the public.
[Added 10-11-2012 by L.L. No. 5-2012]
SPACE, SEMIPUBLIC
A privately held space that is made available to the public for public and private use, such as parking lots, interior and exterior circulation spaces and other common areas.
[Added 10-11-2012 by L.L. No. 5-2012]
SPECIAL USE
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and therefore is subject to special standards and conditions set forth for such use subject to approval by the Village of Webster Zoning Board of Appeals.
[Added 10-11-2012 by L.L. No. 5-2012]
SPECIAL USE PERMIT
The process through which an applicant applies for final site plan approval for a special use. The requirements of the special use permit process are in addition to requirements for the underlying zoning district and all other requirements of this chapter, unless expressly stated otherwise.
[Added 10-11-2012 by L.L. No. 5-2012]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
[Added 8-8-2019 by L.L. No. 1-2019]
STREET
A thoroughfare publicly or privately owned, open to general public use and having a right-of-way width of 21 feet or more.
STREET LINE
The right-of-way or established property line of a street as indicated by dedication or by deed of record.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include buildings, walls, fences, billboards, poster panels and pools 24 inches deep or more. However, a child's playhouse is not included in this definition.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
[Added 8-8-2019 by L.L. No. 1-2019]
SWIMMING POOL, PRIVATE
Any receptacle for water having a depth at any point of more than two feet, or having a surface area exceeding 250 square feet, which is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory. Private swimming pools are subject to the regulations found in § 175-66 and shall be considered a structure.
[Added 10-11-2012 by L.L. No. 5-2012]
SWIMMING POOL, PUBLIC
A publicly or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
[Added 10-11-2012 by L.L. No. 5-2012]
THEATRE
See "cultural use facility."
[Added 10-11-2012 by L.L. No. 5-2012]
TOURIST HOME
A private residence in which overnight sleeping accommodations are provided for overnight transient paying guests.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles.
[Added 8-8-2019 by L.L. No. 1-2019]
TOWNHOUSE
Single-family dwellings attached to each other by a common or party wall in groups of not fewer than three nor more than eight, each located on a separate lot with no side yards except on the exterior face of the two end units.
TOWNHOUSE BUILDING
A structure consisting of not fewer than three nor more than eight townhouse units.
[Added 1-9-1989 by L.L. No. 1-1989]
TOWNHOUSE UNIT
A dwelling unit, individually owned, which makes provision for living and sleeping facilities for one family, which is one of a series of three or more units, having a common party wall between each adjacent unit, each with a private outside entrance and separate utilities and located on a separate lot with no side yards except on the exterior face of an end unit.
[Added 1-9-1989 by L.L. No. 1-1989]
TRAILER COURT
Any plot of ground upon which two or more occupied trailer coaches are located.
TRAILER HOUSE
A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.
TRANSIENT PUBLIC/TRANSIENT PAYING GUESTS
One or more persons who pay for temporary lodging for not to exceed a period of 15 days.
[Added 8-23-2001 by L.L. No. 3-2001]
USABLE CONDITION
Compliance with all of the following requirements regarding repair of damage and/or deterioration to structures and properties:
[Added 3-9-2000 by L.L. No. 2-2000]
A. 
Roofs. Roofs shall be repaired to prevent damage to the structure. Repairs may be accomplished by replacing the roof or by patching the problem area. When a roof is repaired by patching, the material used shall be similar to the existing roof in texture, size and color.
B. 
Structures. The various parts of a structure (walls, stairs, beams, floors, ceilings, joists, rafters, etc.) shall be repaired with material of equal or better strength to be structurally sound.
C. 
Foundations. Cracks in the foundation walls shall be repaired with material that will adhere well and prevent further deterioration.
D. 
Plumbing. Plumbing systems, including supply systems and waste systems, shall be in safe, sanitary working condition. All sinks, tubs, showers and toilets shall drain properly without leaking. Hot and cold water systems shall provide sanitary water without leaking. Potable hot water heating systems shall be restored to a usable, safe operating condition. All nonworking fixtures shall be repaired or replaced.
E. 
Siding. Outside siding (wood, shingles, brick, vinyl siding, etc.) shall be in a sound condition to protect the internal structure from damage. Repair may be accomplished by entirely replacing the surface of an entire wall, residing the entire structure or repairing a damaged area. When repairing a damaged area, the material shall be similar to the original surface material used in kind, texture, size, shape and color. Wood surfaces shall be painted or stained to match the original surface color.
F. 
Windows and doors. Window and door openings, which may have been initially covered by wood or other material to protect against additional damage, shall be made to function as they were initially designed. Windows will have the glass replaced and all covering (plywood, etc.) removed. All exterior doors shall be restored to a working condition so that they will open and close securely. All temporary protective covering (plywood, etc.) shall be removed. Door locks and handles shall be in good working order.
G. 
Exterior stairs, porches, decks, entrance platforms, fire escapes and railings shall be repaired to be structurally sound and shall be painted/treated with a protective coating.
H. 
Heating systems. Heating systems, including combustion chambers, and exhaust systems shall be restored to a safe, functional condition to meet codes regarding safe ventilation and fire protection.
I. 
Junk/scrap material. All junk or scrap material shall be removed from the premises.
J. 
Electrical. Electrical fixtures, devices, wiring and systems shall be in a safe working condition to prevent potential ignition or shock. All nonworking electrical fixtures and wiring shall be replaced.
[Added 4-13-2000 by L.L. No. 3-2000]
USE
The general purpose for which land or a building is designed or for which it may be occupied or used.
VEHICLE STORAGE
The placing of vehicles in an area for an indeterminate period, but in any case longer than two weeks. No use may be made of the vehicles during storage, nor may they be attached to utilities of any kind.
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 8-8-2019 by L.L. No. 1-2019]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. Wireless communications facilities shall include distributed antenna systems.
[Added 8-8-2019 by L.L. No. 1-2019]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Village-owned land or property.
[Added 8-8-2019 by L.L. No. 1-2019]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, including the replacement of an existing structure in-kind, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Village.
[Added 8-8-2019 by L.L. No. 1-2019]
YARD
An open space on a lot unoccupied and unobstructed from the ground upwards, except as otherwise permitted.
YARD, FRONT
Open and unoccupied space between the building line or front main wall of a building and the front property line. In all cases where the front property line cannot be established, 1/2 of the width of the street or road shall be added to the front yard requirement, and the "front yard" shall be measured from the center of the street or road pavement.
YARD, REAR
An open space on the same lot with a building, between the rear wall of the building and the rear line of the lot and unoccupied except for parking spaces, fences and accessory buildings, including, among others, either attached or detached garages and open porches, which in the aggregate shall occupy not more than 30% of the area. In the case of a corner lot, the owner may designate any interior lot line as the rear lot line.
YARD, SIDE
An open unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front to the rear yard, which space shall be unoccupied from the ground to the sky, except for driveways, parking space, fences and landscaping, and into which there is no extension of building parts other than eaves with an overhang of not more than two feet, rainwater leaders, window sills and other fixtures, open steps, and bay windows not more than 12 feet wide, at one floor level only and for a distance not to exceed two feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The former definition of "drive-thru," added 8-23-2001 by L.L. No. 3-2001, which immediately followed this definition, was repealed 10-11-2012 by L.L. No. 5-2012.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).