Webster Town City Zoning Code
ARTICLE V
Supplementary Regulations for All Residential Districts and Uses
§ 350-36 Accessory buildings.
[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 § 350-3, shall be permitted on any lot in the Town of Webster, with the following limitations and under the following conditions:
(1)
The placement of any such building shall conform to all setback requirements applicable to other buildings in the district.
(2)
No such building shall be placed nearer to the front property line than the rear line or footprint of the main building or residence upon such lot.
(3)
No such building shall be larger than 25% of the square footage of the main building or habitable floor area of the residence upon such lot, or 2% of the lot size, whichever is larger. In no case shall the accessory building exceeded 2,500 square feet in size.
(5)
No accessory building shall be higher than the main structure. In no circumstances shall the zoning district maximum height be exceeded. The height, as defined by the Webster Town Code, will be determined at the location of the accessory structure. [In no circumstance (or event) shall such building exceed 20 feet in height. Agricultural buildings on working farms shall comply with the height requirement of the Town of Webster zoning district in which they are being constructed.]
B.
Each application for a building permit to construct, build or erect an accessory building shall be accompanied by plans in sufficient detail to show:
(1)
A plot plan of the property showing the location of the accessory building in reference to side lines, rear lines and other buildings of the lot.
(2)
Accessory building dimensions, depth and area.
(4)
An estimate of the cost of the accessory building.
(5)
A plan that shows any changes to the grading of the lot and the impacts on drainage.
C.
No more than one accessory structure, and one shed, will be allowed on any lot within the Town of Webster.
§ 350-37 Home occupation.
[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 § 350-103. The applicant for a major home occupation special permit shall meet the following standards and conditions:
(b)
It is incidental, secondary and/or subordinate to the use of the dwelling unit for residential purposes.
(c)
No other major home occupation is conducted on the premises.
(d)
It is carried on by a person residing in the dwelling unit as principal residence.
(e)
It has no more than one employee, whether full-time or part-time and whether paid or unpaid, who is not a resident residing on the premises.
(f)
The floor area devoted or used for a home occupation shall be not more than 25% of the ground area of the principal structure, excluding any accessory building or structure, or 500 square feet, whichever is less.
(g)
There shall be no exterior display or storage of goods, materials, equipment or inventory.
(h)
Except for one permitted identification or advertising sign not exceeding two square feet in area and not more than five feet above grade or ground level, which otherwise is in full compliance with the provision of Webster Town Code Chapter 265, there shall be no identification of the home occupation or advertising sign.
(i)
It generates no additional need for additional off-street parking.
(j)
It uses no equipment which would not customarily be used by the occupants of a dwelling unit.
B.
C.
Revocation of major home occupation permit. A major home occupation permit shall be deemed revoked upon the occurrence of any of the following events:
(1)
A subsequent permit is issued.
(2)
There is a substantial change in the nature of the occupation, business or profession carried out on the premises.
(3)
The home occupation is not commenced within six months of the issuance of a permit.
(4)
The home occupation ceases or is discontinued for a period of three months for any reason.
(5)
The person carrying on the home occupation no longer resides on the premises.
D.
Inspections. The Fire Marshall and/or the Building Inspector of the Town of Webster shall conduct periodic inspection of all premises for which a major home occupation permit has been issued for compliance with the New York State Uniform Fire Prevention and Building Code, Code of the Town of Webster Chapter 165 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 165 and this article to exist; or
(3)
The receipt of other reasonable and reliable information that such a violation exists.
§ 350-38 Decks.
[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.
§ 350-39 Temporary structures.
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.
§ 350-40 Livestock.
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.
§ 350-41 Stabling of farm animals; manure storage.
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]
§ 350-42 Limitation on number of single-family detached dwellings on lot.
Not more than one single-family detached dwelling may be constructed on any residential lot.
§ 350-43 Grade lines.
[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 Inspector 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 Inspector, 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 Inspector herein as to grading and drainage requirements.
§ 350-44 Dumpster or dumpster bag.
[Amended 1-7-2010 by L.L. No. 1-2010; 2-16-2017 by L.L. No. 2-2017; 10-16-2025 by L.L. No. 1-2025]
A.
A dumpster or dumpster bag may be utilized for the following purposes and time limits:
(1)
When a building permit for renovation or construction has been issued, the dumpster or dumpster bag is used to dispose of construction materials or household goods. The dumpster or dumpster bag must be removed within 14 days of the issuance of the certificate of occupancy, certificate of compliance, or expiration of permit, whichever is soonest.
(2)
When interior or exterior renovations are taking place that do not require a building permit, a dumpster or dumpster bag may be used to dispose of construction materials or household goods for a period not to exceed seven days.
B.
Location of dumpster or dumpster bag. Dumpsters or dumpster bags may be located in the side or rear yard. A dumpster or dumpster bag located in the front yard must be placed in the driveway 15 feet from any structure and outside of the right-of-way.
C.
The total number of dumpster or dumpster bags shall not exceed one per parcel at any one time.
§ 350-45 (Reserved) [1]
[1]
Editor's Note: Former § 350-45, Outside parking of recreational vehicles, was repealed 10-16-2025 by L.L. No. 1-2025.
§ 350-46 Swimming pools.
[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 § 350-79 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.
§ 350-47 Utility sheds.
[Added 10-12-1978; amended 12-14-1978; 6-17-1993; 5-16-1996; 1-7-2010 by L.L. No. 1-2010; 2-16-2017 by L.L. No. 1-2017; 5-5-2022 by L.L. No. 2-2022]
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 5 feet. In no case shall a shed be erected, structurally altered or relocated 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 the applicable lot coverage requirements. The longest outside dimension of a utility shed shall not exceed a maximum of 20 feet of length. The maximum building area shall not exceed 200 square feet. The maximum average building height of the utility shed shall not exceed 10 feet in height, as measured from the roof peak to the highest eave. 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, snow blowers, bicycles, swimming pool equipment and supplies, and other tools and equipment as are solely used in maintaining the lot or parcel on which it is constructed. No utility shed shall be used at any time for a dwelling or sleeping purposes.
§ 350-48 Portable storage containers (PSCs).
[Added 1-7-2010 by L.L. No. 1-2010; amended 10-16-2025 by L.L. No. 1-2025]
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 Division 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)
The use of a PSC on commercial properties. When a building permit for renovation or construction has been issued, and the PSC is used to store construction materials or goods, the PSC must be removed within 14 days of the issuance of the certificate of occupancy, certificate of compliance, or expiration of the building permit, whichever is soonest.
(3)
The use of a PSC on commercial properties. 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 goods, the PSC permit may be issued for up to six months. One extension of up to three months may be granted.
(4)
The use of PSC on residential properties is limited to a duration of 30 days, or for 45 days if there is an active building permit on the property. The location is required to be at the rear or sides of the building, if at all possible. Only one portable storage container (PSCs) shall be located on a residential property at a time.
C.
Location of PSC. A PSC may be located in the side or rear yard. A PSC located in the front yard must be placed on the driveway, 15 feet from any structure, outside of the right-of-way.
D.
The total number of PSCs on commercial properties 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 Division. 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.
§ 350-49 Recreational keeping of horses.
[Added 6-21-1990; amended 4-17-2003 by L.L. No. 2-2003; 8-6-2015 by L.L. No. 1-2015]
A.
Purpose. It is the purpose of this section to provide for and permit the recreational keeping of horses within residential districts of the Town of Webster and to prohibit the keeping of horses in such a manner or in such location as to be offensive to occupants of adjoining or neighboring properties. The provisions of this section are to, in no manner, affect or prohibit any validly existing or nonconforming uses of lands or buildings, any previously granted use or area variance for lands or buildings, nor to restrict normal agricultural uses.
B.
Regulations.
(1)
General. The recreational keeping of horses shall only be permitted within the setbacks defined per the residential district regulations in which the facility is located.
(2)
Dimensional requirements shall be as follows:
(a)
Minimum lot area. The minimum lot area necessary for parcels involving the recreational keeping of horses shall be three contiguous acres.
(b)
Number of horses. The number of horses that may be present on a residentially zoned property shall be in accordance with the following schedule:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Minimum Acreage | Maximum Number of Horses |
|---|---|
Less than 3 | None |
3 to 4 | 2 or less |
5 to 6 | 4 or less |
More than 6 | 5, plus 1 for each additional acre |
(c)
Setbacks. The location of the stable, storage of manure, or other odor- and/or dust-producing activity shall not be located nearer than 75 feet from any lot line or nearer than 100 feet from any well, watercourse, floodplain, steep slope, or regulated wetlands.
(d)
Fencing. There shall be erected and maintained a fence around all paddock areas, pasture areas, stables, or any other area where a horse is allowed. Such fence shall be a minimum of four feet high. All fences shall comply with the requirements of § 350-79 of this chapter, except that, regardless of the height of the fence, no fence shall be located closer than 10 feet from any adjoining property line. Such fence shall be of sufficient strength to prevent collapse and may be either a three- or four-board wooden rail fence, a smooth wire fence, a combination thereof, or a two-strand electrical fence, and shall be adequately secured to the interior of each post. All electrical fencing shall include signage facing the exterior of the paddock. All openings in said fence shall have a gate of sufficient strength and width for animals and equipment.
(e)
The owner of at least 50% of the number of horses allowed on any parcel shall reside in the dwelling located on the parcel.
C.
Maintenance standards.
(1)
The stables, paddocks, pastures, facilities, and property where horses are kept shall be maintained in a clean, safe, and sanitary condition so as not to create any sustained condition or odor that may be objectionable to neighboring properties.
(2)
Manure management. Adequate storage of manure for the number of horses shall be provided in accordance with the Best Management Practices for Horses, as published by the U.S. Department of Agriculture and/or the Natural Resources Conservation Service.
(3)
Manure shall be stored in a location where runoff will not allow nutrients and pathogens to enter waterways, floodways, or regulated wetlands.
(4)
Approved manure management practices shall include composting, land application, or site removal by an approved solid waste disposal operation.
(5)
Land application of manure shall be completed in thin layers and shall not be applied to wet or frozen soils.
(6)
All deceased animals in excess of 200 pounds shall not be buried on site. Deceased animals shall be disposed by an approved rendering company to prevent contamination.
(7)
Rotational grazing areas shall be utilized to preserve adequate ground cover for the prevention of soil erosion and the transport of pollutants to waterways.
D.
Stabling requirements.
(1)
The stabling or keeping of horses shall be allowed on parcels where such use is secondary and subordinate to the residential use only if there exists on said parcel a single-family dwelling.
(2)
Adequate shelter facilities shall be provided for all horses within the paddock. Shelters shall have a minimum of three sides, with a waterproof roof to protect horses from wind, rain, snow, and any other inclement weather. The shelter shall be of sufficient height to allow all animals to stand upright in their normal position.
(3)
Animals shall have adequate and safe access to clean water to maintain normal hydration and cleaning purposes. Grazing within watercourses shall not be permitted.[1]
(4)
The floor shall be dry and suitable for the animals to lie down.
(5)
shall be stored in a location where runoff cannot allow nutrients and pathogens to enter waterways or floodwaters.
E.
Nonpermitted uses. Uses not permitted in a residentially zoned area:
§ 350-50 Accessory apartments.
[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 Inspector an agreement, in form and substance acceptable to the Town and suitable for recording in the Monroe County Clerk's Office, acknowledging the property's eligibility and the applicable standards for the property's accessory apartment.
E.
Variances; waivers. The Planning Board may waive, subject to appropriate conditions, the requirements of this section relative to the size, utility service, exterior design and/or access of the accessory apartment. The Planning Board may grant such waivers in special circumstances where it determines that these requirements are not necessary to protect the interest of public health, safety and general welfare of the Town and is constructed in such a manner that it maintains the character and scale of the adjoining residences and blends into the existing neighborhood. Notwithstanding the foregoing, any application for waivers requested for accessory apartments that exist under Subsection D(2) shall be made to the Town Board.
F.
Effective date. This section shall take effect as provided by law.
§ 350-51 Kennels.
[Added 5-19-2011 by L.L. No. 2-2011]
B.
Dimensional requirements:
(1)
Minimum lot size: five acres.
(2)
Shelters for animals within kennels must be behind the rear building line of the principal structure and shall be no closer than 50 feet to all lot lines. This shall include all outdoor areas enclosed by fences.
(3)
Each animal must be provided a minimum of 50 square feet of space.
(4)
Off-street parking shall be provided for customer parking.
C.
Additional requirements:
(1)
A noise and visual barrier consisting of suitable fence or dense vegetative planting shall be provided, fully encircling all kennel areas not enclosed in a building.
(2)
All animals must be confined to an individual crate or cage within a building between 11:00 p.m. and 6:30 a.m.
(3)
All dogs must be licensed where required by state law.
(4)
No offensive odors shall be emitted by the site.
(5)
No storage, composting, or incineration of waste shall be allowed on the site.