Webb City Zoning Code
ARTICLE V
Supplemental Regulations
§ 480-16 Adult use and entertainment establishments.
B.
The adult use shall be conducted entirely within an enclosed building. No specified anatomical area or specified sexual activity (see definitions[1]) shall be visible at any time from outside the building. This requirement shall also apply to any signs or displays.
[1]
Editor's Note: See Appendix D, Definitions, included as an attachment to this chapter.
C.
No outside displays or advertising, other than an approved sign, shall be permitted.
D.
The serving of alcoholic beverages shall be prohibited, unless specifically permitted by the Planning Board in its conditional use review and approval.
§ 480-17 Bed-and-breakfast establishments.
A.
The business shall be conducted within the principal residence of the operator.
B.
No more than five rooms shall be used as bedrooms for paying guests.
C.
If meals are offered, they shall be offered only to registered lodgers.
D.
Facilities and services shall be offered solely to registered lodgers and not to the general public.
E.
Banquets, parties, weddings, or meeting rooms are prohibited, except that banquets, parties and weddings may be conducted if prior approval is obtained from the Planning Board.
F.
No apartment or rental units shall be permitted other than the residents living quarters and the bed-and-breakfast rooms.
G.
Building permits are required for the conversion of any owner-occupied single-family dwelling to a bed-and-breakfast facility.
§ 480-18 Bunkhouses.
A.
The intent of this regulation is to permit the establishment of bunkhouses for the purpose of housing nonpaying household guests or visitors on a temporary basis and to prohibit the use of such structures as seasonal rental units.
B.
A bunkhouse:
(1)
Shall contain no kitchen or other area intended for food preparation. For the purpose of this section, a "kitchen or other area intended for food preparation" shall mean any room or combination of rooms or space that contain(s) any appliance intended for the storage or preparation of food.
(2)
Shall contain no plumbing facilities other than one toilet and one lavatory.
(3)
Shall not be used as a rental unit or for any commercial purpose.
(4)
Shall occupy an area no larger than 25% of the gross floor area of the principal dwelling on the lot or no larger than 1,000 square feet, whichever is less.
C.
A bunkhouse may be established only on a property where there is an existing principal dwelling. Each such property shall be permitted one bunkhouse for each legally existing principal structure.
D.
There shall be allowed only one bunkhouse for each single-family dwelling.
§ 480-19 Commercial excavation; mineral extraction.
Except where incidental to the construction of a building on the same lot, the excavation, extraction, processing or sale of topsoil, earth, sand, gravel, clay or other natural deposits and the collection and bottling of spring or other water products are subject to the following standards:
A.
Such activity shall not endanger the stability of adjacent land structures, streets, waterways or other property, nor constitute a hazard to public health, safety and general welfare by reason of excessive levels of dust, noise, traffic, stormwater erosion or sedimentation or other conditions. The Board shall specify any reasonable requirements to safeguard the public health, safety and general welfare in granting such permit.
B.
Excavated or stockpiled slopes shall not exceed the normal angle of repose of such material. All operations shall be planned and conducted to avoid any sliding, undermining, or other movement or subsidence of material within the lot or on adjoining land or of the land itself.
C.
Neither the top nor the base of such slopes shall be nearer than 100 feet to any property line.
D.
A plan for reclamation and restoration of any excavation or extraction area shall accompany the application for a permit to avoid any long-term adverse impacts on public health, safety and general welfare. The Board, upon approval of such plan, may require a performance bond to assure rehabilitation of sites in conformity with the plan. Any permits required to be issued by the New York State Department of Environmental Conservation shall precede Board action.
E.
Any accompanying structures or processing facilities shall be so located as not to interfere with the visual qualities or open space character of the land or any adjoining uses.
§ 480-20 Convenience stores in gasoline stations.
A.
Same criteria and standards as a gasoline station use.
B.
Off-street parking for convenience store customer use shall be in addition to all other required gasoline station parking. Such parking shall be located and accessible from adjoining streets without conflict with vehicle movement and stacking at gasoline pump islands.
§ 480-21 Drive-in facilities.
A.
Provision shall be made for off-street stacking of at least four vehicles waiting for service for each drive-in bay, station or other unit and for adequate stacking movement of vehicles from such drive-in units to the street. Any facility which may regularly generate stacking of vehicles on travel lanes of access streets so as to impede either public vehicle or pedestrian traffic shall be denied.
B.
All vehicle movements required by the facility shall observe all reasonable sight distance and other safety standards, and such movements shall be properly controlled with signs and other devices.
C.
Drive-in traffic shall not interfere with access to required off-street parking spaces.
§ 480-22 Eating and drinking establishments.
A.
Ingress and egress shall be designed to minimize traffic congestion and hazards, and the number and location of driveways shall be subject to the approval of the Board.
B.
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from all adjacent properties and streets.
§ 480-23 Gasoline stations; sales, service and storage of certain items; light manufacturing/assembly; research facilities; storage facilities; warehouses.
Gasoline stations; automobile and vehicle sales, rental, service and washing; boat sales and service; snowmobile sales, service and storage; building materials sales and storage; fuel sales and storage; heavy equipment sales and storage; light manufacturing/assembly; manufactured housing sales and service; research/scientific/technological facilities; self-service storage facilities; and warehouses shall be subject to the following:
A.
Ingress and egress shall be designed to minimize traffic congestion and hazards, and the number and location of driveways shall be subject to the approval of the Board. Gasoline station and automobile and vehicle wash uses shall provide at least four off-street stacking spaces per bay or pump island, and all uses shall be designed to avoid any stacking of entering vehicles in travel lanes of adjoining streets.
B.
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent properties and streets.
C.
The minimum distance between gasoline or other fuel pump islands, between a building and any pump islands and between the street line and any pump islands, shall be 20 feet.
D.
No vehicle wash water, other wastewater, oil or other waste liquids or particulate wastes in stormwater shall drain onto adjoining streets or lots or otherwise create hazardous, contaminated or unsightly conditions because of surface drainage.
E.
At a gasoline station use, limited exterior storage of dismantled or disabled motor vehicles, parts or salvage material may be permitted with the approval of the Planning Board.
§ 480-24 Home occupations.
A.
A home occupation must be conducted within a dwelling that is a bona fide residence of the principal practitioner or within an accessory building on the residential property, such as the garage.
B.
Such use shall clearly be incidental and secondary to the use of the dwelling unit for residential purposes and shall not utilize or occupy more than 20% of the gross floor area of the dwelling and its accessory buildings.
C.
There shall be no outdoor display of goods or products, nor shall there be any outdoor storage of materials used in the home occupation, without prior review and approval by the Planning Board.
E.
Off-street parking shall be provided for expected average peak weekday numbers of clients, customers, patients or other visitors in the side or rear yard, in addition to parking required for the dwelling. Such off-street parking shall be located at least 10 feet from any side or rear property line, shall be surfaced, screened or fenced as directed by the Board, and shall be so lighted that there will be no direct light into adjacent properties or streets.
F.
No dwelling shall include more than one home occupation.
G.
Not more than one person other than a resident of the dwelling shall be employed as part of the home occupation.
H.
In no way shall the appearance of the structure be altered or the operation within the residence be conducted in a manner which would cause the residence to differ from its residential character either by use of colors, materials, construction, lighting, or the emission of sounds, noises or vibrations.
I.
No use shall create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance any greater or more frequent than usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
J.
Not more than one truck or trailer greater than 24 feet in length used in connection with the home occupation shall be parked or stored on the property at any time, except for temporary, but not overnight, parking for purposes of pickup or delivery of merchandise.
K.
A home occupation shall not include any of the following: garages and shops for the repair or maintenance of motor vehicles; commercial stables and kennels; restaurants; tourist homes; rooming houses or boardinghouses; clinics; musical and dancing instruction to groups exceeding four pupils; or other trades and businesses of a similar nature.
L.
A home occupation shall not include any trucking business, construction business, well-drilling business, excavation business or similar business that involves parking or storing on the property at any time any truck or trailer greater than 24 feet in length, any piece of earthmoving equipment, any well-drilling rig, or any other similar heavy equipment or vehicle used in the conduct of the business.
M.
No home occupation shall cause an increase in traffic or parking that creates an adverse impact upon the character of the neighborhood.
N.
No home occupation shall be conducted without a conditional use permit authorized and approved by the Planning Board.
§ 480-25 Lodging facilities; motels; hotels; tourist cabins; bed-and-breakfasts; tourist homes; lodging houses; group camps; resort clubs and lodges; fishing/hunting clubs and lodges; dormitories.
A.
The use shall be compatible with the character of the district, particularly surrounding dwelling uses, open space uses and natural resource features. Review criteria listed under § 480-37, Two-family dwellings; multiple-family dwellings, at Subsections B through E, inclusive, shall be applicable to such use.
B.
The proposed number of guests, members or other visitors or occupants and the scale and size of accommodations shall be consistent with the density of existing uses in the district and with the capacity of the land to accommodate such use without adverse impact on the basic character of the district.
§ 480-26 Mobile home courts; recreational campsites.
A.
The minimum mobile home site within a court shall be 5,000 square feet in area.
B.
The minimum recreational living unit site within a campsite shall be 2,500 square feet in area.
C.
All water supply and sewage disposal systems shall comply with all applicable standards of this chapter and the Town Sanitary Code and of the State Department of Health and Environmental Conservation before any permit is issued.
D.
Additional requirements may be stipulated by the Board in its review of a specific project.
§ 480-27 Mobile homes.
A.
Regulations for all mobile homes (in mobile home courts or not in mobile home courts).
(1)
A permit shall be required for any mobile home located and installed in the Town, in accordance with § 480-39, Building and use permits.
(2)
A permit shall also be required for any and each building or other structure addition or alteration to a mobile home, and such permit shall include a provision for removing the addition at such time as the mobile home may be removed or relocated, unless a certificate of compliance is granted therefor.
(3)
All mobile homes shall be in compliance with standards equal to or more stringent than the United States Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR Part 3280 (1976), and any amendments and revisions thereto. The permit applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the mobile home by the manufacturer shall be presumptive evidence that the construction of a mobile home is in compliance with such standards.
(4)
An approved metal, wood or other suitable skirting or framing, properly ventilated and attached, shall enclose that area from the bottom of the floor line of the mobile home to the ground for any mobile home hereafter located and installed in the Town. Such skirting shall be installed within 90 days of occupancy.
(5)
Each mobile home shall be provided with anchors or tie-downs capable of securing the stability of the mobile home, in conformance with the manufacturer's recommendations or State Building Code, whichever is greater.
(6)
Tires, pieces of metal, boards, cement blocks, bricks and similar loose objects shall not be placed upon a roof of a mobile home.
(7)
No mobile home may be used for any purpose other than for a single-family residence. A mobile home shall not be used as a storage building.
B.
Additional regulations for mobile homes not in mobile home courts.
C.
Exceptions. None of the provisions of this section shall be applicable to any mobile home located on the site of a construction project, survey project or other similar work project, provided such mobile home is removed from the site within 30 days after completion of such project, and provided permission of the enforcement officer is obtained before said mobile home is brought into the Town of Webb.
§ 480-28 Off-street parking and loading.
A.
Off-street parking spaces shall be provided as required herein for all principal uses on a lot in all zoning districts, except as follows within certain subdistricts of the Commercial Business (CB) District:
(1)
Lots located within a portion of Subdistrict CB-4 shall be exempt from off-street parking requirements. This exempted area is identified on Zoning Map No. 15.[1] Parking spaces provided within this area at the discretion of the owner shall comply with other applicable off-street parking requirements.
[1]
Editor's Note: See Attachment 2, Zoning Maps, included as an attachment to this chapter.
(2)
Commercial uses of lots located within another portion of Subdistrict CB-4 and within portions of Subdistrict CB-3 may be partially exempted from off-street parking requirements in accordance with the procedures identified in Subsection J below. These areas of possible exemption are identified on Zoning Map No. 15.
B.
Each off-street parking space shall be at least 200 square feet in area with a minimum width of 10 feet. In addition, space necessary for aisles, maneuvering and drives shall be provided and shall be arranged so as not to interfere with pedestrian or motor vehicle traffic on adjoining public streets.
C.
Off-street parking spaces standards. Parking spaces shall be provided and maintained as follows:
Use | Minimum Spaces Required | |
|---|---|---|
One-family, two-family and multiple-family dwellings; mobile home court | 1 per dwelling unit, except 1.5 per dwelling unit in P-R District or in multiple-family dwellings | |
Retail sales; personal service; laundromat; convenience store; office; bank; financial institution; shopping center | 1 per 20 square feet of sales and service floor area; 1 per 300 square feet of office floor area; 1 per employee | |
Clinic, medical/dental facility; animal hospital, veterinarian's office | 1 per 200 square feet of office floor area; 1 per employee | |
Lodging facility; resort club, lodge | 2 per bedroom for motel/hotel; 1 per bedroom other uses; 1 per employee; 1 per 100 square feet of restaurant customer area | |
Eating, drinking establishment | 1 per 100 square feet of customer area; 1 per employee | |
Commercial recreation, tourist attraction | 1 per 3 customers, patrons and other visitors that the facility is designed to accommodate when used to maximum capacity; 1 per employee | |
Nursing home | 1 per 2 beds; 1 per employee | |
All other commercial uses | 1 per 200 square feet of sales and office floor area; 1 per employee; 1 per marina boat slip |
(1)
Minimum spaces shall be the cumulative total of spaces required under each above standard applicable to the use.
(2)
Sales and service floor area shall include all floor area used for product display.
(3)
Employee count shall be based on maximum number of employees on the lot during peak shifts or other periods of maximum activity.
(4)
Customer area in eating and drinking establishments shall include all floor area used for customer seating.
(6)
In addition to the above required spaces for any commercial use, one space shall be provided for each motor vehicle used in the business which is regularly parked on the lot, unless the owner demonstrates to the Planning Board's satisfaction that such vehicles are not on the lot during peak periods of activity.
(7)
In calculating parking requirements, areas of outdoor display shall be considered as floor area.
D.
Parking space requirements for all uses not listed above shall comply with requirements for similar uses listed above. The Planning Board shall verify such requirements. In all cases, the basic objective and requirement of this chapter shall be to provide sufficient off-street parking to reasonably accommodate the parking needs of anticipated and projected residents, customers, employees, visitors, and other users during peak traffic and parking demand and accumulation periods, taking into account likely turnover, seasonal use, other available off-street and on-street parking, and other considerations.
E.
Parking space in residential districts shall be for resident parking only and shall not be located in any required front yard.
F.
No unlicensed motor vehicle shall be parked or stored out-of-doors or other than in a fully enclosed structure in any residential district.
G.
No recreational vehicle or living unit, boat, or other utility or service vehicle or equipment shall be stored in any required front yard or within 10 feet of any lot line.
H.
Off-street parking for gasoline stations and service garages shall be limited to employee and customer cars which are licensed and in running condition and shall not be used for repair or sale of new or used motor vehicles or parts therefrom, unless approved by the Planning Board.
I.
For any building or group of buildings having more than one use, parking space requirements shall be the total of spaces required for each use. For the purposes of computing parking requirements based on building floor area, each such floor area shall be the sum of the horizontal area within exterior walls of the floor space on all floors devoted to the use or activity indicated.
J.
Possible partial parking exemption in Subdistricts CB-3 and CB-4.
(1)
Within portions of Subdistrict CB-3 and Subdistrict CB-4 where commercial uses may be partially exempted from off-street parking requirements, the intent is to require as many parking spaces as can reasonably be provided on each lot, consistent with the above standards and other provisions of this chapter, but with the added objective of also preserving and maintaining the existing land use and building scale and character of these CB District areas.
(2)
These areas generally contain small lots with a mix of residential and commercial uses in buildings that are predominately residential in character. The intent of a possible parking exemption is to avoid severe changes in the visual character and quality of these hamlet areas by overcrowded development of lots and excessive conversion and paving of existing yards and other open spaces in order to comply with off-street parking standards.
(3)
On application, a partial exemption from off-street parking requirements may be granted by the Planning Board for either a standard use or a conditional use. An exemption for a conditional use shall be considered by the Board as part of the § 480-15 conditional use review procedures; an exemption for a standard use shall also require Board review as if the use were a conditional use, provided that a public hearing shall not be required and that the Board shall limit its review to the matter of the parking exemption.
(4)
Any application for an exemption shall include site plan and related documentation illustrating the number of parking spaces able to be provided on the lot as compared to the number required under the above standards. It shall reasonably demonstrate that additional spaces required to comply with the standard are not able to be provided due to limitations in lot size, dimension, access or other lot conditions and/or that such additional spaces would require removal or disturbance of open space, trees and other features or introduce difficult, hazardous or excessive traffic movements along New York State Route 28 and adjoining residences which may not be desirable. The applicant may also demonstrate that parking demands of the use will be served by existing on-street parking, that firm arrangements will be made for sharing off-street parking with other uses and/or that the use will not generate typical parking demands. The applicant shall also verify that any adjoining lot is not owned by the applicant and able to be joined with the lot identified in the permit in order to comply with the above parking standards.
(5)
The Board shall determine the appropriateness of the exemption based on a balance of all above and other objectives of this chapter and may approve, approve with modifications or disapprove the exemption. Nothing herein shall be construed to entitle an applicant to a parking exemption unless expressly authorized by the Planning Board. A parking exemption shall not create a nonconforming use.
K.
Off-street loading and servicing facilities shall be provided for each commercial use hereafter erected or substantially altered to have a gross floor area in excess of 1,500 square feet and shall be so arranged as not to interfere with pedestrian or motor vehicle traffic on the public street or highway. Any required off-street loading space shall have a clear area of not less than 12 feet in width by 25 feet in length. Off-street parking areas may be used to satisfy this requirement, provided that the use of such parking areas is controlled by the owner to permit access and use for loading and servicing as required. An off-street loading space may occupy any part of any required side or rear yard, except that such space shall not be located closer than 100 feet to any lot in any residential district unless wholly within a building or other enclosed area.
§ 480-29 Public/semipublic structures; public utility structures.
A.
Such uses shall not be located on streets which are predominately residential use, unless no other site is available, and shall be located and installed so as to generate a minimum of vehicular traffic to and through such streets.
B.
The location, design, height, and operation of such use shall not adversely affect the character of surrounding dwellings and the neighborhood.
C.
Off-street parking, loading and service areas and other accessory requirements of the use shall be satisfactory to the Board.
D.
Adequate fences, barriers and other safety devices shall be provided, and the facility shall be visually screened where appropriate to the type of use in relation to adjoining uses and as otherwise determined by the Planning Board.
§ 480-30 Recreational vehicles not in recreational vehicle parks.
A.
No recreational vehicle shall be occupied or used as a residence for more than a thirty-day period in any calendar year.
B.
Recreational vehicles shall only be occupied by the owner of the lot or property in which it is placed upon. The owner of the lot or property shall not rent or lease the lot or property for the placement of a recreational vehicle to others.
C.
No recreational vehicle shall be occupied or used as a residence unless all sewer, water and electrical connections are approved by the Code Enforcement Officer by the issuance of a permit as required in this section. Portable electrical generators are only allowed for emergency power and shall not be used as the normal source of electrical power.
D.
The placement of all recreational vehicles shall meet all required yard setback requirements of the zoning district in which they are located.
E.
Permit fees shall be fixed by the Town Board.
§ 480-31 Shoreline requirements.
In addition to all other requirements of this chapter, the following requirements shall apply to all lots fronting on, containing, or having access to the shoreline of any lake, pond, river or stream navigable by a boat:
A.
Setbacks.
(1)
The minimum setback (yard dimension) from the shoreline of all principal and accessory buildings or structures occupying a lot in excess of 100 square feet, other than docks and boathouses, shall be shown on Attachment 1[1] of this chapter for the respective districts, as follows:
RV, RS, CB | 50 feet | ||
RS-1, RS-2 | 75 feet | ||
RR | 100 feet | ||
OS: | |||
One-family dwelling | 100 feet | ||
Other uses | 125 feet | ||
[1]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
(2)
Accessory structures such as lean-tos, gazebos and similar structures occupying a lot area of less than 100 square feet within the above shoreline setbacks shall be subject to review and approval by the Planning Board.
(3)
Shoreline setbacks in a planned district shall not be less than the setbacks required within the district prior to designation of the area as a planned district.
(4)
In all districts, in accordance with the Town's Sanitary Code, the minimum setback of any on-site sewage disposal field, seepage pit, or other leaching facility shall be 100 feet from the shoreline of any body of water, whether navigable or non-navigable, including intermittent streams with defined beds and banks.
B.
Removal of vegetation. The cutting and removal of vegetation, including trees, will be permitted on shoreline lots, provided the following standards are met:
(1)
Within 35 feet of the shoreline, no more than 30% of the trees in excess of six inches in diameter at breast height existing at any time may be cut over any ten-year period; and, in addition, no vegetation may be removed within six feet of the shoreline, except that a maximum of 30% of the shoreline frontage, but not exceeding 100 feet of frontage, may be cleared of vegetation.
(2)
The above will not be deemed to prevent the removal of diseased vegetation or of rotten or damaged trees that present safety or health hazards or cutting of grass and pruning of shrubs or trees as part of continuing property maintenance.
C.
Minimum lot frontage and other requirements for contractual access lots.
(1)
Contractual access generally prohibited. Contractual access use of a shoreline lot by other lots not having shoreline frontage, for purposes of boating, swimming, or other water-related access and activity by such other lots, is prohibited in any district, except in the case of the following:
(2)
Minimum shoreline frontage of contractual access lot where permitted. Except as may be approved by the Planning Board for marinas in accordance with § 480-15 and Subsection E of this section, the following minimum frontages will be required in all districts for lots providing contractual access to any body of water for existing and future dwelling units not having separate and distinct ownership of shoreline frontage for purposes of boating, swimming, or other similar water-related recreation activities:
(a)
Two to five dwelling units: at least 100 feet of frontage.
(b)
More than five and not more than 20 dwelling units: 100 feet, plus at least 10 feet of shoreline frontage for each dwelling unit in excess of five units.
(c)
In no case may the number of dwelling units granted contractual access exceed 20 units on any single parcel.
(3)
Other standards.
(a)
Notwithstanding compliance with minimum shoreline frontages above, a shoreline lot intended to be developed for any contractual access shall have a minimum lot depth of 100 feet between the streetfront or other front line and the shoreline.
(b)
Existing undeveloped shoreline lots already granting contractual access to other lots, or new shoreline lots where contractual access may be permitted, may be improved and developed for such contractual access, subject to the issuance of a permit, if authorized by the Planning Board following site plan review in accordance with Appendix B.[2] Proposed site plans shall be submitted to the Planning Board clearly identifying and delineating all areas and facilities to be developed for swimming, boating and other recreation activity; supporting services; vehicular and pedestrian access and parking; and other features. The proposed extent of removal of vegetation and grading and other disturbance of natural surfaces shall be identified. Dwelling units and lots having or to be granted contractual access shall be identified; a document identifying and explaining the proposed form of granting of contractual access shall be provided. In reviewing and determining whether or not to authorize a permit, the Planning Board shall review such documentation in terms of these shoreline requirements and other provisions of this chapter and shall also consider whether or not such use will unreasonably impair the natural character and appearance of the lot, overcrowd the lot or the adjacent water surface, produce unreasonable noise and other disturbance of surrounding lots, or is likely to pose any substantial environmental hazards or other adverse effects to persons, property, navigation, or natural resources, including damage to the environment due to leakage or spills of fuels, lubricants, and other waste products and pollutants.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(c)
No buildings or structures other than docks, toilet and changing facilities, public shelters and similar structures accessory to the primary use of the lot shall be constructed or placed on the shoreline lot. Boathouses for contractual access use are not permitted. Buildings, structures and other facilities shall meet all other requirements of this chapter. Use of all facilities on the lot shall be based only on prior granting of contractual access to such users. This shall not be construed to prohibit maintenance or other charges and fees for such use where such fees are part of contractual access arrangements.
(d)
Maximum natural vegetation shall be maintained on the lot; proposed clearing of existing vegetation beyond limits reasonably necessary for access and other facilities shall be a basis for disapproval of a permit by the Planning Board. Where a beach or docks are planned, an adequate natural or planted vegetation buffer behind the beach or docks shall be established to effectively screen any parking areas and buildings from the water. Any parking areas shall be set back from the shoreline a minimum of 100 feet.
(e)
For-profit food or other business activities of any kind are prohibited on the lot.
(f)
Nothing herein shall serve to permit any such use, activity, or other public assembly on a shoreline lot except in full compliance with all other applicable laws, regulations and codes.
(4)
Contractual access shall not be interpreted to mean recreation use of a shoreline lot by the owners and occupants of dwellings on lots adjoining the shoreline lot and in the same ownership as the shoreline lot, including a lot separated from the shoreline lot by a street.
D.
Accessory boathouse, docks, and other waterfront structures and facilities.
(1)
Number of docks and boathouses.
(a)
One boathouse and one dock shall be permitted on any shoreline lot containing at least one residential structure, including any shoreline lot separated by a street from the dwelling lot in the same ownership.
(b)
Additional docks may be permitted after review and approval by the Planning Board, subject to the following limitations. Said limitations shall also apply where contractual access to the shoreline is involved.
Shoreline Frontage (feet) | Maximum Total Number of Docks and Boathouses | |
|---|---|---|
Less than 200 | 1 dock, plus 1 boathouse | |
200 to 299 | 2 docks, plus 1 boathouse | |
300 to 499 | 3 docks, plus 1 boathouse | |
500 or more | 4 docks, plus 1 boathouse |
(c)
Any type of unroofed walkway or deck over the water and attached to a boathouse shall be deemed to constitute a dock.
(2)
Boathouses and docks shall not extend more than 40 feet into the water or to a six-foot depth of water, whichever comes first, measured from the shoreline, except that such structures shall in no case extend into the water to any distance which interferes with navigation or with access to adjoining lots. All boathouses and docks shall conform to the required side yard setback applying to a principal building in the district.
(3)
No component of a dock shall exceed eight feet in width; the surface area of a dock, including all finger docks or similar components, shall not exceed 300 feet in area.
(4)
Boathouses or docks shall not be constructed to dam, deflect, or impede the flow of water at the mean high-water elevation.
(5)
One mooring buoy and one swimming float of not more than 100 square feet of surface area shall be permitted in the waters adjacent to and within the boundaries of the extensions of the side lot lines of a lot; provided, however, that such objects and boats secured to such objects shall not extend more than 100 feet from the shoreline or beyond the boundaries of the extension of side lot lines; further provided that such objects may in no case be placed in a navigable channel or in any location in which they might pose navigation hazards or interfere with navigation or with access to adjoining lots.
E.
Marina. Where permitted in a district, all marina buildings and other structures and facilities comprising such use shall be subject to all provisions of Subsection D above, except limitations in surface area of a dock, and all provisions of Attachment 1[3] and § 480-15, Conditional use standards and procedures.
[3]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
F.
Nothing herein provided shall waive or otherwise serve to modify any requirements of the New York State Department of Environmental Conservation under Article 15, Title 5, of the Environmental Conservation Law, any shoreline restrictions of the Adirondack Park Agency Act, nor any other provisions of state or federal law or regulation controlling or affecting any waters within the Adirondack Park. Any permitted shoreline uses shall also comply with all such state and federal regulations.
§ 480-32 Signs.
A.
General regulations. The following regulations shall apply to all signs:
(1)
No new or additional sign shall be erected without a permit, except for an exempt sign as defined in Subsection A(2) of this section.
(a)
For the purposes of this section, "sign" shall mean any device affixed to, painted upon, or represented directly or indirectly upon a building, structure, or land which directs attention to an object, product, place, activity, person, institution, organization, or business. The meaning of "sign" shall not include:
[1]
Any sign erected by the federal, state, or local government or agency thereof;
[2]
Any poster placed temporarily to advertise a civic event or an event sponsored by a house of worship, school, library, museum, veteran or community service organization;
[3]
Any patriotic flag or banner not used for commercial advertising purposes;
(b)
For purposes of this section, "erect" shall mean to build, construct, alter, enlarge, relocate, attach, place or hand any sign, and includes the painting of wall signs.
(c)
For the purposes of this section, "sign area" shall mean the total area of all faces or surfaces of a sign upon which any writing, illustration, or expressive matter appears. The sign area of a sign having more than one face or surface shall be the total area of all such faces or surfaces, except where a sign consists of two faces back-to-back, in which case the sign area of the sign having the greater area shall constitute the total sign area. The sign area of a group of connected or related signs shall be the sum of the sign areas of the signs belonging to it.
(2)
Exempt signs. The following signs are exempted from the permit requirement of this section, provided that all of the stated conditions are met, and provided that all other provisions of this section are met:
(a)
Nameplate or identification signs not exceeding six square feet of sign area, showing the name and/or address of the resident or the name of a residence. One nameplate or identification sign shall be permitted per residence.
(b)
Nonilluminated sale or rental signs not to exceed six square feet of sign area during and pertaining to the sale, lease, or rental of the land or building on which the sign is located. Such signs shall be of a temporary nature and shall be removed by the property owner or his agent when the circumstances leading to its erection no longer apply. In no case shall such a sign remain on such property longer than 10 days after the property has been sold, leased, or rented.
(c)
One institutional or religious sign not to exceed 16 square feet of sign area shall be permitted for approved public/semipublic structures or uses.
(d)
Signs not exceeding a total of three square feet in sign area and used to mark property boundaries; give directions regarding trails or roads; exclude hunting, fishing, or other activities; or to warn of any hazard or condition.
(e)
One contractor or artisan sign not to exceed six square feet of sign area during and pertaining to construction, repairs, or alterations on the property. Such signs shall be of a temporary nature and shall be removed upon completion of the work.
(f)
Directional signs not exceeding a total of six square feet of sign area, located on the same property as a principal activity, and limited to such texts as "Office," "Entrance," "Exit," "Parking," and "No Parking" or similar wording.
(g)
Signs not exceeding 12 square feet of sign area and advocating the political candidacy of an individual, party, group, proposition, referendum, or similar concept. Such signs shall be located on private property with the consent of the individual property owner and shall be removed within 15 days following the date of the specified election to which the advertisement is directed.
(h)
Any sign erected in conformity with any local law regulating garage sales.
(i)
Any sign erected in conformity with any local law requiring the activities of transient merchants or solicitors.
(j)
Any sign displaying outside temperature or time of day, provided all other provisions of § 480-32 of this chapter are met.
(k)
One flag with the word "open" only, not exceeding 12 square feet, provided it is only displayed during open hours of operation for any business.
(l)
One A-frame temporary sign, provided it is only displayed during open hours of operation, and not to exceed six square feet as measured on the largest face.
(3)
Signs shall be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. The following sign elements shall be preferred:
(4)
Signs, other than official traffic signs, shall not be erected within the right-of-way of any street or highway and shall not project beyond the property lines of the lot on which the sign is located. No sign shall project more than three feet from any wall of any building, nor shall any sign project from the roof of any building or onto any public way. Exceptions to this regulation shall be made only where no other provision is possible, in which case the Board of Appeals, in accordance with the variance procedures elsewhere provided for in this chapter, shall make a determination relative thereto.
(5)
No motor vehicle or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
(6)
No sign shall be placed upon or be supported by any water body or any tree, rock or other natural object other than the ground.
(7)
No sign shall be erected upon the roof of any building or structure.
(8)
No sign or part thereof shall contain or consist of any banner, pendant, ribbon, streamer, spinner, or other similar moving, fluttering, or revolving devise. These devises shall not be used for advertising or for attracting attention, whether or not they are part of any sign. No sign or part thereof may rotate or move back and forth. This shall not include any legal "open" flag displayed as per Subsection A(2)(k).
(9)
No sign shall be internally illuminated by or contain flashing, intermittent, rotating, or moving lights. Indirectly illuminated signs and lighting devises shall employ only lights emitting light of constant intensity. This shall not include any legal display of outdoor temperature and/or time of day as per Subsection B(2)(e).
(10)
No sign or exterior lighting shall physically or visually impair vehicular or pedestrian traffic by design, illumination, color or placement. All signs shall have sufficient clearance so as to provide clear and unobstructed visibility for vehicles entering and leaving the road or highway, and, if illuminated, the light shall not be directed toward any public highway or adjacent residential use.
(11)
No sign, whether freestanding or attached to a building or structure, shall exceed 20 feet in height at the highest level of natural ground immediately beneath the sign to the highest point of the sign or its supporting structures.
B.
Regulations governing the number and sizes of signs.
(1)
In RV, RS, RS-1, or RR Districts, the following signs are permitted, subject to the review and approval of the Planning Board:
(a)
Except signs as defined in Subsection A(2) of this section, provided that all of the conditions stated in that section and all other requirements are met.
(b)
Except for signs located on the same lot as a principal activity, limited to six square feet of sign area, and limited to such texts as "Office," "Entrance," "Exit," "Parking," and "No Parking" or similar wording, a maximum of two advance notice or directional signs relating to any single business may be erected, provided that either such signs are:
[1]
Located on private property, in which case they shall not exceed eight square feet of sign area and shall comply with all other requirements of this section; or
[2]
Located on state lands, in which case they shall conform with and have been authorized under the sign provisions of the Environmental Conservation Law.
(c)
One nameplate, identification, or professional sign not to exceed six square feet of sign area, showing a permitted home occupation of the resident of the premises.
(d)
A sign advertising the sale or development of a tract of land may be erected upon the tract by the developer, builder, contractor, or owner. The size of such signs shall not exceed 16 square feet of sign area, and not more than two such signs may be placed on any tract along any highway frontage. Such signs must be at least 50 feet from the streetfront.
(e)
One principal and one accessory business sign directly related to any existing or permitted business may be erected in the above-identified residential districts, subject to the review and approval of the Planning Board.
(2)
In CB Districts, the applicable signs listed above in Subsection B(1) are permitted, and in lieu of the principal and accessory business signs provided for, the following shall apply:
(a)
On lots with one principal activity, one principal and one accessory business sign shall be permitted. The sign area of any sign in any CB District shall not exceed two square feet of sign area per linear foot of building frontage for nonilluminated signs or one square foot of sign area per linear foot of building frontage for illuminated signs. Principal signs shall in no case exceed 48 square feet of sign area. Accessory signs shall not exceed 24 square feet of sign area. In addition, the sum of the sign areas of the principal and accessory business signs shall not exceed 60 square feet.
(b)
Alternately, the owner or operator of a business may present a comprehensive sign plan for the review of the Planning Board. Number, size, and design of all signs will then be subject to review and approval of the Planning Board.
(c)
Where more than one principal activity is proposed or conducted on a single lot in a CB District, such as in the case of a shopping center or multiple commercial facility, the following standards shall apply:
[1]
The overall sign plan for such a center or facility shall be subject to the review and approval of the Planning Board.
[2]
A single freestanding sign not to exceed 40 feet of sign area and 20 feet in height may be erected to identify the center or facility as a whole. Such sign shall not contain advertising matter but may incorporate the names of the individual businesses in the center.
[3]
One individual sign, not to exceed 30 square feet of sign area, may be erected for each separate principal activity such as a shop or store.
(d)
No business sign shall project onto a public street or right-of-way, nor shall such signs be closer than 10 feet to any lot line, unless otherwise approved by the Planning Board. In the case of a corner lot, such signs shall front on the street on which the building fronts. No sign, attached or unattached, shall be higher than the principal building to which it is accessory. All signs shall have sufficient clearance to provide clear and unobstructed visibility for vehicles entering or exiting the street.
§ 480-33 Ski centers; golf courses; clubhouses; commercial recreation and tourist attractions; marinas; aviation facilities.
A.
Sufficient and suitably located and arranged off-street parking shall be provided in accordance with both minimum parking standards and any additional parking needs determined by the Board based upon potential peak generation of customer, patron and other visitor parking demand when the facility is used to maximum capacity. The applicant shall be required to provide evidence of parking demand generated at similar facilities elsewhere; minimum parking standards shall not be considered adequate where such evidence and other data compiled by the Board indicates a need for parking in excess of such standards, particularly where the lot does not provide opportunity for future parking expansion.
B.
The use shall not require substantial removal, modification or disturbance of natural resource features, characteristics and values.
C.
Marina use shall comply with removal of vegetation and other applicable provisions of § 480-31, Shoreline requirements, and shall not overcrowd the shoreline or the adjacent water surface, produce unreasonable noise and other disturbance of surrounding lots, or pose any substantial environmental hazards or other adverse impacts on persons, property, navigation, or natural resources, including impairment of water quality and clarity due to leakage or spills of fuels, lubricants, and other waste products and pollutants, or erosion or sedimentation. The degree, nature, and visual effect of any proposed shoreline filling, grading, lagooning, dredging, and excavating, as well as installation of proposed retaining walls, docks, and other shoreline structures and other facilities, shall be expressly subject to additional standards imposed at the discretion of the Board, including consultation as the Board may direct with the Adirondack Park Agency and the New York State Department of Environmental Conservation.
D.
Aviation facility use shall be subject to standards imposed by the Board based on the specific location and surrounding land uses and natural land and water resources affected by such a facility, including clearance of vegetation, noise, hazards, and other impacts within the lot and necessary approach zones and other flight patterns affecting land surrounding the lot or body of water on which such a facility is to be located. The Board may direct that consultation with the Adirondack Park Agency and the Federal Aviation Administration be arranged to aid in evaluation of the likely impact of the facility.
§ 480-34 Telecommunications facilities.
A.
General standards. No telecommunications facility shall be approved as a conditional use by the Planning Board unless it finds that such facility:
(1)
Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities.
(2)
Conforms to all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies.
(3)
Will be designed and constructed in a manner which minimizes visual impact to the extent practical.
(4)
Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility.
B.
Co-location. The shared use of an existing telecommunications tower or other structure shall be preferred to the construction of new facilities. Any application, renewal, or modification thereof shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:
(1)
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities.
(2)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented.
(3)
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably.
(4)
Other technical reasons make it impractical to place the equipment proposed by the applicant on existing facilities or structures.
(5)
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location or requests an unreasonably high fee for such co-location compared to current industry rates.
C.
Fall zones. Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that if the facility should fall, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications facilities.
D.
Setbacks. Telecommunications facilities shall be set back from side and rear property lines a minimum of 50 feet, plus the height of the tower; and from the front property line a minimum of 100 feet, plus the height of the tower.
E.
Lighting. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Notwithstanding, an applicant may be compelled to add FAA-style lighting and marking if, in the judgment of the Planning Board, such a requirement would be of direct benefit or for public safety. The Board may choose the most appropriate lighting and marking plan from the options acceptable by the FAA at that location. The applicant must provide both standard and alternate lighting and marking plans for the Board's review.
F.
Visibility and aesthetics.
(1)
The maximum height for the telecommunications towers permitted under this article, including any antennas or other devises extending above the tower, shall be in keeping with the goal of achieving substantial invisibility. Accordingly, maximum tower height shall be 10 feet above the tree line of the surrounding area.
(2)
Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line, unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Accessory uses shall maximize use of building materials, colors, and textures designed to blend with the natural surroundings.
(3)
The project shall be designed to blend with natural and/or man-made surroundings to the maximum extent practicable.
(4)
Structures offering slender silhouettes (i.e., monopole or guyed tower) may be preferable to freestanding lattice structures, except where such freestanding structures offer capacity for future shared use. The Planning Board may consider the type of structure being proposed and the surrounding area.
(5)
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities.
G.
Vegetation and screening.
(1)
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter shall take place prior to approval of the zoning permit. Clear-cutting of all trees in a single contiguous area shall be minimized to the extent possible.
(2)
The Planning Board may require appropriate vegetative buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.
H.
Security.
(1)
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height.
(2)
There shall be no permanent climbing pegs within 15 feet of the ground.
(3)
Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site.
(4)
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles.
I.
Engineering standards. All telecommunications facilities shall be built, operated and maintained to acceptable industry standards. Each application must contain a site plan for the facility containing the signature of an engineer licensed by the State of New York.
J.
Abandonment and removal. At the time of submission of the application for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility, if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. Further, the owner or operator of the tower and/or antenna may be required to post security, in a form acceptable to the Town of Webb, favoring the Town of Webb, in an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Town in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within six months of notification by the Code Enforcement Officer.
K.
Submission requirements. In addition to the submission requirements for site plan approvals required by this chapter, the Planning Board, at its discretion, may require that a visual impact assessment be prepared consisting of a map showing all areas from which a proposed telecommunications tower could be seen.
L.
Proof of license. No building permit shall be issued until the applicant provides proof that space on the facility has been leased or will be operated by a provider licensed by the FCC to provide service in the area.
M.
Waivers. The Planning Board may waive any or all of the requirements for approval for applicants:
N.
Conditional use permit. The construction of any telecommunications tower requires conditional use approval by the Planning Board. Telecommunications antenna placed on existing towers or on existing structures shall not require conditional use approval unless the existing tower or structure will be modified in such a way as to increase its height, or a new accessory structure would be built.
§ 480-35 Tree preservation and landscaping.
A.
Purpose. The purposes of this section are to preserve the forested character of the Town of Webb, to prevent soil erosion and to establish a Town-wide policy of no clear-cutting of any lot or parcel within the Town of Webb.
B.
Applicability.
(2)
A conditional use review or site plan review affecting only a portion of a site triggers the tree preservation requirements of this section for the entire site. No trees shall be removed until the application is approved and a permit is issued. On any lot of any size, cutting or clearing of trees 20% or more of the lot shall be subject to a conditional use permit approved by the Planning Board.
C.
Affected trees. This section shall apply to all existing trees six or more inches in diameter at breast height.
F.
Landscaping plan.
(1)
This subsection shall apply to any application for any property upon which trees have been cleared in anticipation of future development and where such clearance violates one or more of the standards stated above.
(2)
A landscaping plan shall be submitted that shows the location, type and size of species to be planted or to be retained on the site. The Planning Board may require that such a plan be prepared by a professional architect, engineer, landscaper, or planner. Said plan shall include the replacing of any trees that may have been removed in anticipation of future development.
G.
Waivers. The Planning Board may waive any or all of the requirements of this section at its discretion at the time of conditional use review or site plan review.
§ 480-36 Two-family dwelling by conversion.
A.
Floor area, health, safety and sanitary conditions shall be adequate to insure livability and in particular will provide a minimum floor area of 600 square feet per dwelling unit.
B.
Conversion shall not physically alter the structure so that it is inconsistent with the size, scale and character of surrounding dwellings; the size of the lot and available yards shall be sufficient to provide reasonable outdoor space and privacy for the two households and the numbers of persons to be housed.
§ 480-37 Two-family dwellings; multiple-family dwellings.
A.
The intent of such conditional uses which may be permitted in RV and CB Districts in the Thendara, Old Forge, Big Moose Station and Eagle Bay areas is to accommodate the need for a variety of dwellings in the Town, including but not limited to rental dwellings, dwellings provided by commercial uses for seasonal employees, and attached one-family owner-occupied dwellings, without disrupting or otherwise adversely impacting on the integrity, harmony, scale and character of existing concentrations of detached one-family dwellings. Accordingly, a basic standard for any two-family dwellings and multiple-family dwelling conditional use is that such use shall generally not be permitted in portions of RV and CB Districts located within or adjoining commercial uses or mixed commercial and residential use areas or elsewhere along the fringes of existing detached one-family dwelling areas, in vacant or marginally developed areas which may be relatively separated or isolated by distance, topography or other natural conditions, highways, or other features from concentrations of such one-family dwellings, or in growth areas extending from existing one-family dwelling areas.
B.
The location of such use shall not attract or generate additional vehicular traffic through existing one-family dwelling areas to the extent that such traffic will exceed the capacity of the roadway system and shall not produce other adverse effects on sewer, water, or other services or the community and environmental setting of such one-family dwellings.
C.
The architectural scale and character of such use shall be consistent and harmonious with the existing dwellings and the neighborhood.
D.
In general, the lot area and yards provided for such use shall exceed minimum requirements and/or otherwise provide liberal separation from existing uses through clustering, screening or other development techniques.
E.
Development of such use shall not entail substantial removal, modification, or disruption of natural resource features, characteristics and values.
§ 480-38 Wind-power-generating facilities.
A.
Maximum tower height shall be 40 feet. However, this requirement may be relaxed by the Planning Board if the wind-generating facility is deemed to be substantially invisible from public highways and from neighboring properties. For purposes of this section, height of tower shall be measured from the ground to the top of the fixed portion of the tower, excluding the wind turbine blades. Also for purposes of this section, a wind-power facility shall be deemed to be substantially invisible if it extrudes no more than 20 feet above the tree line as viewed from neighboring properties and public highways.
B.
To the extent practicable, the tower shall be located to minimize visual impact upon surrounding properties.