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Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[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.
(4) 
Where the accessory building is more than 500 square feet in area, the Planning Board shall review the application therefor under Chapter 228, except that the provisions of § 228-4, Sketch plan review, will not be required.
(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.
(3) 
That the requirements of the New York State Uniform Fire Prevention and Building Code have been met.[1]
[1]:
Editor's Note: See Ch. 86, Building Construction.
(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.
D. 
The proscriptions of Subsection A(3), A(4) and B above in this section shall not apply to farms as defined in § 225-3 of this Code.
[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:
(a) 
The property is in full compliance with the provisions of Webster Town Code Chapter 225.
(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.
(k) 
The Fire Marshall and Building Inspector certify that the structures and proposed use comply with the New York State Uniform Fire Prevention and Building Code as applicable to the Town of Webster (Code of the Town of Webster Chapter 124).
B. 
Application.
(1) 
Each application for a major home occupation permit shall be:
(a) 
On a form provided by the Building and Zoning Office (approved by the Town Board).
(b) 
Accompanied by a complete plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation will be carried out, and;
(2) 
An application fee in the amount established by resolution of the Webster Town Board.
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:
(1) 
Only one such vehicle per family may be parked on any lot containing the dwelling of such family.
(2) 
Such vehicle shall only be parked on the driveway or in the garage.
(3) 
The parking or storage of such vehicle shall be in full compliance with requirements of Chapter 225, Zoning, § 225-72, of this Code and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4) 
Such vehicle shall be owned or operated by an owner or occupant of the premises upon which it is being parked.
[Amended 1-7-2010 by L.L. No. 1-2010]
A. 
Unless otherwise permitted, no recreational vehicle shall be parked outside on public property or a Town highway or street for more than 12 hours in any twenty-four-hour period.
B. 
One recreational vehicle, less than 13 feet in height and less than 40 feet in length, may be parked on the driveway no closer than 20 feet from the public street, however, no parking is permitted in the rest of the front yard area.
C. 
One recreational vehicle may be parked in the side yard.
D. 
One recreational vehicle may be parked in the rear yard.
E. 
A special permit may be granted by the Zoning Board of Appeals in accordance with Chapter 225, Zoning, § 225-110, to allow relief from the requirements found in § 225-46B, C and D above. These permits may be granted for a defined time period, as determined by the Zoning Board of Appeals.
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.
F. 
Vans and trailers. Only one horse van or trailer may be kept on the property. The parking, storage or keeping of such van or trailer shall comply with the provisions of § 225-46 of this chapter.
[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.
D. 
Permits and certificates of occupancy.
(1) 
Building permits and certificates of occupancy for accessory apartments in compliance with Chapter 86, Article II, of the Code of the Town of Webster shall be required and issued.
(2) 
All accessory apartments in existence prior to the effective date of this section shall obtain a certificate of occupancy within one year after the effective date of this section, provided that the accessory apartment complies with the provisions of Subsection C above.
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]
A. 
Kennels may be permitted as special uses in Residential Districts upon the issuance of a special use permit by the Town Board under Chapter 228, Article III.
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.
D. 
Kennels shall comply with the requirements of Chapter 101, Dogs and Other Animals.
E. 
Fences shall comply with § 225-77, Fences.
F. 
In reviewing an application for a kennel special use permit, in addition to the criteria in Chapter 228, Article III, the Town Board may also consider:
(1) 
Provisions for controlling odors and noise.
(2) 
Waste disposal plan.
(3) 
Supervision of animals.
(4) 
Adequacy of outdoor areas.
(5) 
Visual buffering.
(6) 
Soundproofing for buildings
(7) 
Maximum number of animals to be maintained.
(8) 
Hours of operation.