Webster Town City Zoning Code
ARTICLE I
General Provisions
§ 350-1 Legislative authority; title.
The Town Board of the Town of Webster, Monroe County, New York, acting under authority of the Town Law of the State of New York, hereby adopts and enacts this chapter as a comprehensive amendment of the Zoning Ordinance of the Town of Webster, New York, adopted March 10, 1938, and all subsequent amendments thereto, which are hereby repealed.
This chapter shall be known and may be cited as the "Webster Zoning Ordinance."
§ 350-2 Purpose.
The Town Board enacts this chapter for the purpose of promoting the public health, safety, morals and general welfare of the Town of Webster, in accordance with the general intent of a Comprehensive Plan designed to lessen congestion in the streets; to secure safety from fire, flood, panic or other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and guided by the character of the district and its peculiar suitability for particular uses, with a view to conserving real property values and encouraging the most appropriate use of land throughout the Town.
§ 350-3 Definitions.
[Amended 5-4-1972; 1-16-1986; 7-2-1987; 6-21-1990; 7-17-1991; 8-1-1991; 12-3-1992; 6-17-1993; 2-2-1995]; 11-16-1995; 5-16-1996; 5-17-2001 by L.L. No. 1-2001; 8-2-2001 by L.L. No. 5-2001; 12-20-2001 by L.L. No. 7-2001; 7-18-2002 by L.L. No. 2-2002; 11-21-2002 by L.L. No. 6-2002; 9-1-2005 by L.L. No. 2-2005; 8-3-2006 by L.L. No. 2-2006; 11-6-2008 by L.L. No. 4-2008; 9-3-2009 by L.L. No. 2-2009; 1-7-2010 by L.L. No. 1-2010; 6-17-2010 by L.L. No. 5-2010; 7-22-2010 by L.L. No. 7-2010; 5-19-2011 by L.L. No. 2-2011; 9-5-2013 by L.L. No. 5-2013; 3-3-2016 by L.L. No. 1-2016; 10-6-2022 by L.L. No. 3-2022; 10-16-2025 by L.L. No. 1-2025]
As used in this chapter, the following terms shall have the meanings indicated:
A separate living unit, containing both a bathroom, with sink, toilet and tub or shower, and a kitchen unit, with stove, sink and refrigerator, limited to one bedroom and one sitting area, created within single-family residential structure, barn, garage or other detached building on a residential property, which is subordinate to the single-family residence in terms of size and appearance.
A detached building or structure, the use of which is incidental to that of a main or principal building or structure and located on the same lot therewith.
A structure customarily incidental and subordinate to the principal building and located on the same lot.
A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
The use of land and buildings in the raising of or production of agricultural products and nursery stock, flowers and greenhouse products, but which shall not include the raising of pigeons, swine, goats or foxes, minks, skunks and other like fur-bearing animals, except domestic animals, nor shall it include retail sales of any products not grown upon the premises, such as garden or flower equipment, tools or supplies. (See § 350-75).
The land in the floodplain subject to a 1% or greater chance of flooding in any given year.
The total area within the property lines, excluding external streets.
The flood having a 1% chance of being equaled or exceeded in any given year.
An owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities within the building serving food and drink prepared within the building to preregistered transient guests which meets the requirements of § 350-71.
The keeping of any horse on the premises that is not owned by the owner or lessee of said premises, whether for a fee or otherwise.
A strip of land where no building or structure may be located and which is covered with grass, vegetation, trees, embankments, berms or other landscape elements. Ingress, egress and sidewalks may be permitted. Where the property abuts a right-of-way, the buffer area shall be measured from the right-of-way.
A buffer area that exists between different zoning districts.
An open space landscaped area.
Any structure or series of connected structures having a roof or roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
The line of the building most nearly facing the front, rear or side line of the lot. Such "building lines" shall include sun parlors, garages, covered porches and covered walks, terraces, entrances and balconies, whether enclosed or unenclosed, but shall not include steps or overhanging eaves under two feet in width.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
An individual employed by the Town and authorized to enforce the provisions of the Code.
Any licensed vehicle or trailer used in conjunction with any business or trade, with the exception of the automobile of a salesman, professional person or the like.
The installation, assembly, or demolition of structure, or other real property asset; the addition, expansion, improvement, or replacement of an existing real property asset; or the relocation of a real property asset.
A commercial vehicle or trailer customarily used in the construction trades, including but not limited to vehicles used for excavation and moving of earth and vehicles used for hauling construction materials.
That percentage of the lot or district area covered by the building area.
A building surrounded by open space on the same lot.
The area situated within a zoning district.
The perimeter of a zoning district.
An area on private property that leads from a private road or a public road, where vehicles are operated or allowed to stand.
A lot or land or part thereof used for the disposal by dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A large, open top container used for temporary waste disposal, often for construction projects or home clean outs.
Strong, flexible bag designed to hold up to three cubic yards or 3,300 pounds of waste and debris, making it suitable for smaller to medium sized projects like renovations, remodeling and landscaping.
A building designed or used as the living quarters for one or more families. The terms "dwelling," "single-family dwelling" or "multiple-family dwelling" shall not be deemed to include a motel, hotel, boardinghouse or mobile home.
A building or portion thereof providing housekeeping facilities for a single family.
A dwelling unit contained within a multiple-family dwelling, whether or not such dwelling unit is individually owned or rented or is located on an individually owned and separately recorded and assessed lot. A townhouse shall not be deemed to be a "multiple-family dwelling unit."
A house accommodating but a single family and having two side yards.
A one-family house having one party wall and one side yard and located on a separate lot from the dwelling to which it is attached.
A building having two side yards and accommodating but two families, with one family living either over the other or side by side, and situate on a single lot.
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
Any parcel of land containing at least five acres upon which is located an enterprise which is operated principally for financial gain in the raising of agricultural products, livestock, poultry and dairy products. It excludes the raising of fur-bearing animals, riding academies and livery or boarding stables.
Retail outlet consisting of permanent structure(s) for the display and sale of agricultural and nursery products grown principally by the operator.
Anything other than living plants, trees or shrubs designed to or which in fact does divide, enclose or screen a parcel of land or portion thereof and which does not support any roof structure or enclose any covered living space.
The completed surfaces of lawns, walks and roads brought to grade, as shown on official plans or designs relating thereto.
A lot, shaped similar to that of a flag on a pole, wherein the width of that portion of the lot upon which the driveway or right-of-way is located is significantly less than the width of the remaining portion of the lot. The flag portion of the lot is that area whereupon the building or structure is to be placed, and the pole portion is that which is to be used for ingress and/or egress only.
In the case of a lot configuration commonly known as a "flag lot," wherein the width of the lot upon which is located the driveway or right-of-way to the lot is significantly less than the width of the remaining portion of the lot, the setback or buffer area shall be measured from the structure line to the side, rear or front lot line, exclusive of that portion of the lot upon which the driveway or right-of-way is located.
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report entitled "Flood Insurance Study, Town of Webster, New York, Monroe County," in which the Federal Insurance Administration has provided flood profiles as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood.
The highest level of flood that, on the average, is likely to occur once every 10 years, as determined in the United States Department of Housing and Urban Development Federal Insurance Administration Flood Insurance Study for the Town of Webster.
The highest level of flood that, on the average, is likely to occur once every 100 years, as determined in the United States Department of Housing and Urban Development Federal Insurance Administration Flood Insurance Study for the Town of Webster.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
A land area, adjoining a river, stream, watercourse, bay or lake, which is likely to be flooded, as designated in the Flood Insurance Study.
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
A development consisting of 10 or more acres in an MHR District wherein a number of single-family residential dwellings may be grouped into at least two, but not more than four, homes. Each home will be on a separate lot and will not be connected to the adjacent home in the group. The homes within the group are allowed a minimum separation of six feet between structures. Groups must be separated by a minimum of 30 feet.
The sum of the gross horizontal area of the several floors of a building designed and intended as a dwelling unit, excluding basements, unheated breezeways, garages and porches. All dimensions shall be measured between interior faces of walls.
An occupation, business or profession which is carried on wholly within a dwelling unit or in a building or other structure accessory to a dwelling unit.
Any home occupation which is not a minor home occupation.
Any home occupation which:
Involves no persons other than persons residing on the premises;
Shows no visible evidence from the exterior of the dwelling unit of the conduct of the occupation;
Generates no additional traffic nor the need for off-street parking beyond the customary needs of the occupants of the dwelling unit;
Uses no equipment which would not customarily be used by the occupants of a dwelling unit;
Is not advertised by address; and
Is conducted entirely inside of the principal dwelling unit or other structure on the premises.
Applies to either a male or female horse or pony. It shall exclude a foal under the age of one year.
Includes sanitarium, sanatorium, preventorium, clinic and any other place for the diagnosis, treatment or other care of ailments, licensed and approved by the State of New York, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
A building with a minimum of two stories, with a public elevator, in which temporary lodging is provided and offered to the public for compensation in which ingress and egress to and from the rooms is made from a common area which includes a lobby or reception area, containing 25 or more separate and distinct sleeping rooms.
Any place of storage or deposit of wastepaper, rags, scrap iron or steel, whether in connection with another business or not, or where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposits for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in weight two or more such vehicles.
A property or structure used for the boarding, breeding, or day care of six or more domesticated animals from which a profit is derived.
A business premises equipped with individual clothes-washing and -drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
The dividing line between the street right-of-way and the lot.
Applies to the rental of horses or carriages to persons other than the owner of the horse or carriage.
Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot having the use for which such lot is used in the district in which such land is situated.
Any line dividing one lot from another.
A parcel of land at the junction of and fronting on two or more intersecting streets or within an interior angle of less than 135° on a single street. For purposes of determining dimensional requirements for buildings and structures located on corner lots, the yards included between a right-of-way and any building line shall be considered front yards, and the yard between one of the remaining boundary lines and any building line shall be considered a rear yard, and the other remaining yard shall be considered a side yard.
The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot. For the purposes of this chapter, in any flag lot, the pole portion of the lot shall be excluded.
The mean width measured at right angles to its depth. For the purposes of this chapter, in any flag lot, the pole portion of the lot shall be excluded.
To cut, trim or remove brush, grass, rubbish or weeds or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon lands on a regular basis so as to prevent excessive overgrowth, maintain safe conditions and uniform appearance. Established lawn areas must be cut and maintained on a regular basis so that ground cover does not exceed eight inches in height.
All state and county roads plus all town roads indicated on the Town of Webster Major Highway List.
See "home occupation, major."
Any waterfront facility which provides accommodations or services for vessels engaging in any of the following:
The sale of marine products or services.
The sale, lease, rental or charter of vessels of any type.
The sale, lease, rental or any other provision of storage, wharf space or mooring for vessels not registered to the owner of said facility, a member of the owner's immediate family or an overnight guest on said property.
247.3 feet above sea level, International Great Lakes Datum (IGLD) 1985.
243.3 feet above sea level, International Great Lakes Datum (IGLD) 1985.
See "self-service storage facility" below in this section.
See "home occupation, minor."
A device, anchoring, float or buoy used for the berthing or securing of boats or other floating crafts, which such device is not affixed to the adjacent littoral parcel or a dock projecting from the adjacent littoral parcel.
A building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers, without food storage or cooking facilities, and providing accessory off-street parking facilities.
Premises arranged, intended or designed to be used for the sale of gasoline and oil and for minor repairs to motor vehicles.
A building containing three or more dwelling units.
See "nonconforming structure."
A structure which, at the time of its original construction, conformed to the dimensional regulations in the district in which it was located but does not conform to the dimensional regulations in the district at the time of adoption of this chapter or any amendment to this chapter.
The lawful use of any structure, building or land existing at the time of the adoption of this chapter or any amendment to this chapter may be continued although such use does not conform to the provisions of this chapter for the district in which it is located.
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
Any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing or custodial care for hire.
An unoccupied space open to the sky on the same lot with the building.
Applies to an enclosure near a stable in which horses are exercised and shall include a training ring and corral.
Applies to any portion of grassy land suitable for grazing.
A freestanding single-family home with an attached two-car garage, managed by a homeowners' association, which home is subject to the dimensions set forth in § 296-27 of the Webster Town Code.
A parcel of at least 20 contiguous acres devoted exclusively to patio homes, which shall be allowed in all residential districts except LL Large-Lot Single-Family Residential.
Any container, storage unit, shed-like container or other portable structure, excluding vehicles, that can be used for the storage of personal property or construction materials of any kind and which is located for such purposes outside an enclosed building or accessory building.
A building in which is conducted the main or principal use of the lot on which said building is situated.
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain. Except as required generally for the membership and purposes of such club, vending stands, merchandising or commercial activities shall be prohibited.
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
An abandoned property is hereby defined as one that has not been occupied as a residence or a business for a period of one month and meets one of the following criteria:
The property is in need of rehabilitation and has not been rehabilitated during the unoccupied period;
Construction has been initiated on the property in the past, but not within the previous three-month period;
The property has been determined to be a nuisance by the Code Enforcement Official (nuisance includes a finding that the property is unfit for human habitation and/or is determined to be a fire hazard or potential health and safety hazard);
Where vandalism at the property has gone unrepaired;
Where there exists a lack of maintenance of the yard area as defined above; or
A public utility (gas, electric, or water) has been shut off by the utility company.
Any garage other than a private garage, available to the public, operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other self-propelled or drawn motorized vehicles or equipment.
A building or property which constitutes a menace to the public health, welfare, or safety, or which is structurally unsafe, unsanitary, or not provided with adequate and safe ingress and egress, or which constitutes a fire hazard, or which may otherwise be dangerous to human safety, or which in relation to existing uses constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
Any vehicle used for recreational purposes, including but not limited to all-terrain vehicles, boats, trailers, boat trailers and camper trailers, motor homes, and snowmobiles.
Use of a building or land for a church, temple, parish house, convent, seminary or retreat house.
The process of restoring and improving a structure to a good state of repair or modernizing it.
A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
A restaurant having seating capacity of 35 people to 21 people.
A restaurant having seating capacity of 20 people or fewer.
A restaurant that must include table service, and where there is no drive-through ordering or drive-through pickup.
A restaurant where food and beverage are sold to the public for consumption off the premises.
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment or where riding lessons are given.
A public or private way used to carry persons or vehicles from one point to another.
The common line between a parcel and a highway or other right-of-way.
Any real property or a portion thereof that is designed, designated and used for the purpose of occupying storage space by occupants who are to have access thereto for the purpose of storing and removing personal property.
A person as defined by the management of the private corporation or in the applicable homeowners association document as required under the definition of "senior housing."
A development including any one or a mixture of the following: freestanding, single-family home(s); multiple housing unit(s); patio home(s); townhouse(s), which development is designed and intended to provide for the specialized living needs of senior citizens and which development is managed by a private corporation or homeowners association subject to deed restrictions.
The least distance from the side, rear or front lot line of a lot to the side, rear or front building line of any building located or to be located thereon.
The least distance from the side line of an area in which docks are to be located to any portion of a dock therein, the side lines being those lines projecting from the property lines of the littoral parcel.
An area that extends the full width of the lot and is situated between the right-of-way line and the nearest point of the closest structure.
An area that extends the full width of the lot and is situated between the rear lot line and the nearest point of the closest structure.
An area that extends the full length of the lot and is situated between the side lot lines and the nearest point of the closest structure.
A building or structure designed or used for sheltering or housing horses. This term shall specifically exclude shipping containers or crates, truck bodies, cars or any similar enclosures at any time used or designed for a use other than the sheltering or housing of horses.
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
A building in which any horses are kept or used for remuneration, hire or sale.
That portion of a building above the grade level included between the surface of any floor and the surface of the floor next above it; the space between any floor and the ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
The vertical distance from the top surface of the floor to the top surface of the floor next above. The "height" of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.
A public or private way which affords the principal means of access to more than one abutting property.
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, but not to include light posts, mailboxes, flagpoles, fences and swing sets. Such structures shall include sun parlors, garages, covered porches and covered walks, terraces, entrances and balconies, whether enclosed or unenclosed, but shall not include steps, chimneys less than 30 inches or overhanging eaves or cantilevers under two feet in width.
See "accessory structure."
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Any structure not permanently affixed to the ground.
Any non-permanent structure used for private or (most commonly) commercial storage.
A dwelling unit which makes provisions for living and sleeping facilities for one family and which is one of a series of two or more units having a common party wall between each adjacent unit, each with a private outside entrance and separate utilities and located on a separate lot from the dwelling(s) to which it is attached.
A structure consisting of not more than eight townhouse dwelling units.
Rental of a dwelling unit for a period of less than 28 continuous days.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
See "accessory use."
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
A wall, floor or other barrier between two adjoining dwelling units to be offered for sale, built of masonry and having a two-hour fire rating. Any vertical "party wall" shall be continuous and extend from the foundation through or to the roof.
Any natural or man-made channel in which a flow of water occurs.
An open space on the same lot with a main building and unoccupied except for those structures specifically permitted.
A yard extending the full width of the lot and situated between the right-of-way line and the front of the building projected to the side lines of the lot.
A yard extending the full width of the lot and situated between the rear line of the lot and the rear building line projected to the side lines of the lot.
A yard situated between the side line, building line and adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.