[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 § 225-3, 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 § 225-110. 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 178, 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 124 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 124 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]:
Editor's Note: Former § 225-42, Fences, as amended, was repealed 8-3-2006 by L.L. No. 2-2006. See now § 225-77.
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 Official 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
Official, 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 Official herein as to grading
and drainage requirements.
[Amended 1-7-2010 by L.L. No. 1-2010]
A.
No commercial
or construction vehicle of any length shall be parked outside on any
public property within the Town, for a period exceeding two hours,
unless used in conjunction with construction on said property.
B.
No commercial
vehicle or trailer loaded with equipment or machinery shall be parked
on any private property in any residential district for a period exceeding
two consecutive hours, 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 bona fide 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 regulations:
[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 § 225-42 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]
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 15 feet. In no case shall a shed be erected, structurally
altered or removed 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 of the applicable lot coverage
requirements. The outside dimensions of a utility shed shall not exceed
a maximum of 20 feet of length. The maximum building area shall be
no greater than 192 square feet. The maximum building height of the
structure shall not exceed eight feet. 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, snowblowers and other snow removal
equipment, bicycles, children’s play equipment, swimming pool
equipment and such other tools and equipment as are solely used in
maintaining the lot or parcel on which it is constructed as a residence.
No utility shed shall be used at any time for 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 Department
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 Department. 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]
A.
Purpose. It is the purpose of this section to provide
for and permit the recreational keeping of horses within the Town
of Webster and to prohibit the keeping of horses in such a manner
or in such locations as to be offensive to occupants of adjoining
property or persons residing in the vicinity. The provisions of this
section are to in no manner affect any validly existing, preexisting
nonconforming uses of land or buildings, any previously granted use
or area variances for land or buildings nor to restrict farming uses.
B.
Regulations.
(1)
General. There shall be permitted in a rear yard in
any residential district one stable, provided that the parcel meets
the requirements set forth in this section.
(2)
Dimensional regulations shall be as follows:
(a)
Minimum lot area. The minimum lot area necessary
for parcels involving the stabling or keeping of horses shall be three
acres.
(b)
Number of horses. The number of horses that
may be stabled on any parcel of land shall be in accordance with the
following schedule:
| Minimum Acreage (acres) | Number of Horses | |
|---|---|---|
| Less than 3 | None | |
| 3 | 2 | |
| 5 | 5 | |
| 5 or more | 5, plus 1 for each acre in excess of 5 acres |
(c)
Setback.
[1]
No stable nor storage of manure or other odor-
or dust-producing substance is allowed nearer than 75 feet to any
lot line or watercourse.
[2]
Any stable or paddock must be located behind
the rear line of any dwelling house located on the same parcel of
land as the stable or paddock. No stable or paddock may be located
in any front yard.
[Amended 4-17-2003 by L.L. No. 2-2003]
(3)
Fencing. There shall be erected and maintained a fence around any paddock area, pasture area or any other area outside of the stable where a horse is allowed. Such fence shall be a minimum of four feet high. All fences shall comply with the requirements of § 225-42 of this chapter, except that, regardless of the height of the fence, no fence shall be located closer than 10 feet to any adjoining property line. Such fence shall be of sufficient strength and may be either a three- or four-board wooden rail fence or a wire fence or a combination thereof or a two-strand electrical fence and shall be strongly secured to each post. Any opening in said fence shall have a gate of sufficient strength.
C.
Maintenance standards. The stables, vans, trailers,
paddocks, pastures and the property where horses are kept shall be
maintained in a clean and sanitary condition so as not to create any
condition or odor which would be objectionable to persons occupying
adjoining property.
D.
Dwelling requirements.
(1)
The stabling or keeping of horses shall be allowed
on parcels herein provided as a use secondary and subordinate to the
residential use only if there exists on such parcel a single-family
detached dwelling.
(2)
The owner of at least one-half (1/2) the number of
horses allowed on any parcel shall reside in the dwelling located
on the parcel.
E.
Uses not permitted. The permitted use does not include:
(1)
Livery of horses.
(2)
Boarding of horses in excess of one-half (1/2) of
the total number of horses allowed.
(3)
Sale or rental of horse equipment.
(4)
Sale of rides on horses to the public.
(5)
Rental of horse vans or trailers.
(6)
Riding lessons to the public.
(7)
Commercial boarding of horses.
(8)
Commercial training of horses.
[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 official 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.
