Webster Town City Zoning Code
ARTICLE VIII
Supplementary Regulations for All Districts
§ 350-71 Bed-and-breakfast inns. [1]
[Added 5-17-2001 by L.L. No. 1-2001; amended 1-7-2010 by L.L. No. 1-2010]
No single-family residential building may be used or occupied as a bed-and-breakfast without compliance with all of the regulations established in this section and the issuance of a special use permit by the Planning Board as per Chapter 269 of this Code.
A.
The owner(s) of the bed-and-breakfast must be the owner(s) of the property and must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide the following information to the Code Enforcement Official on an annual basis commencing with the issuance of a certificate of occupancy:
[Amended 6-17-2010 by L.L. No. 5-2010]
B.
The number of guest rooms for transient accommodation shall not exceed three in any building having a habitable floor area of 3,000 square feet or less. One additional guest room may be added for each additional 600 square feet of habitable floor area up to a maximum total number of six guest rooms, and a maximum of 4,800 square feet of floor area. No more than the maximum permitted number of rooms may be advertised for rent.
C.
No more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether or not paid.
D.
E.
No guest may be registered for a period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection at any time by the Zoning Official, as referred to and described in § 225-114 herein.[2]
[2]
Editor's Note: Original § 225-114, Complaints, amended 8-10-1978, which immediately followed this section, was repealed 6-17-1993.
F.
Any meals provided and any amenities connected with the guest rooms, such as a swimming pool or tennis court, shall be solely for the use of the owner, the owner's family and the owner's registered guest.
G.
The bed-and-breakfast shall be maintained and operated at all times so as to comply with all applicable laws and ordinances of the State of New York, County of Monroe, Town of Webster, and all rules and regulations promulgated thereunder.
H.
One sign shall be permitted identifying the property as a bed-and-breakfast. The sign shall not exceed three square feet in area, and shall contain no information other than identification of the premises as the named bed-and-breakfast. The setback and other distinguishing features shall be in accordance with terms as established by the Planning Board during site plan review.
I.
Each bedroom occupied by a paying guest shall be equipped with a properly installed and functioning smoke detector. Further, a smoke detector shall be properly installed and functioning on or near the ceiling in the room or hallway from which each bedroom rented to paying guests exists.
J.
Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area when the facility is established in a residential district as provided in the Code.
K.
No other uses are permitted while the bed-and-breakfast special use permit is in effect. Whole house rentals are prohibited.
L.
The Zoning Official as referred to and described in § 225-114[3] shall be given such access to the dwelling as he or she deems necessary from time to time for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code.[4] Such inspections may be made with or without prior notice thereof.
M.
The Planning Board shall have the right to impose and include other and additional conditions as it may deem necessary to effectuate the purpose of this chapter.
N.
Any language to the contrary not withstanding, this article shall supersede any other article or chapter herein in regard to any building used and occupied as a bed-and-breakfast, and the enforcement and penalty provisions of § 225-114[5] shall apply hereto.
[5]
Editor's Note: Original § 225-114, Complaints, amended 8-10-1978, which immediately followed this section, was repealed 6-17-1993.
O.
This section shall take effect immediately upon the proper filings as prescribed by law.
[1]
Editor's Note: Original § 225-69, Dwelling or garages on nonconforming lots, was repealed 7-17-1991.
§ 350-72 Seasonal roadside stands and farm markets.
[Amended 5-16-1996; 11-6-2008 by L.L. No. 4-2008]
A.
Roadside stands. Any person in any district may erect a temporary roadside stand and sell agricultural products produced on the premises. No products other than homegrown fruits, vegetables, dairy products and nursery stock may be sold by the owner. Any such stand of temporary construction may be located outside of the right-of-way, a minimum of 25 feet from the pavement line and shall have side setbacks equivalent to the side yard dimensional requirement of the district in which the stand is located. Such stand may be erected and maintained between April 1 and November 30 of any year but must be removed on or before the latter date of the same year. There must be provided an off-street parking area sufficient to accommodate vehicles of customers and to eliminate traffic hazards.
B.
Farm markets. Any farm in any district may erect and operate a farm market and sell agricultural products, subject to the following restrictions:
(1)
Not more than 40% of the total sales floor area shall be for the display and sale of products produced off site and not less than 60% sale floor area for products produced on site. These products must be produced by the farm market owner.
(2)
The farm market must be located on the farm and must be accessory to a residential use. The farmer must reside on the property where the farm market is located.
(3)
The farm market may be operated between April 1 and November 30 of each year and may operate only during daylight hours.
(4)
Incidental uses shall include the sale of jams, jellies and baked items, as well as accessory items with a demonstrable tie to agricultural products sold. These products must be non-brand-name cottage products with a non-brand packaging.
(5)
Subject to a special use permit being issued by the Planning Board in accordance with Chapter 269, Article IV. This special use permit shall be renewable on a yearly basis by applying to the Commissioner of Public Works or his/her division head, agent or designee. The application for renewal will include a copy of the special use permit and a certification by the owner that it is in full compliance with the requirements of this section and the conditions of said permit. The application for renewal must be submitted prior to the opening of the farm market each year. The fee for such application shall be as set forth in the Town of Webster Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
One freestanding sign may be erected on the premises, not exceeding 16 square feet in size, identifying the business, which sign shall not have more than two sides; shall not exceed six feet in height; and shall not be closer than 10 feet to any lot line or road right-of-way nor obstruct vehicular or pedestrian visibility. One additional sign may be erected on the building facade, not exceeding 16 square feet in size, identifying the business.
§ 350-73 Dumping of waste materials.
Dumping of waste materials and other substances is absolutely prohibited in all districts except for the purpose of filling to establish grades, and then upon the approval of the Town Board in accordance with the provisions of the Town of Webster Dumping Ordinance.[1]
[1]
Editor's Note: See Ch. 147, Landfilling.
§ 350-74 Off-street parking.
[Amended 6-17-1993]
A.
General requirements. Off-street parking spaces shall be provided as hereinafter specified at the time a building or structure is erected or at the time a new use of open land or building is established. In the case of an enlargement of any existing building, structure or use after the effective date thereof, off-street parking spaces shall be provided as hereinafter specified for the enlarged building, structure or use. No existing off-street parking area shall be reduced in capacity so as to be less than required by this chapter, or, if such parking capacity is already less than herein required, such parking area shall not be further reduced. In the case of a change of use which would result in a requirement for greater parking area than is provided, the Planning Board shall determine the number of additional spaces to be required.
B.
Dwelling.
(1)
Single-family, single-family semidetached, townhouse or two-family dwellings. There shall be at least three parking spaces for each dwelling unit.
(2)
Multiple-family dwelling. There shall be at least two parking spaces for each dwelling unit.
(3)
Tourist homes, hotels and motels. There shall be one and one-half (1 1/2) spaces per room or suite, plus one space per three employees on the maximum shift, plus one space per three persons to the maximum capacity of public meeting rooms, plus 50% of the space otherwise required for restaurants, accessory uses, etc.
(4)
Townhouses. There shall be three parking spaces for each unit.
(5)
Overflow parking for townhouse and multifamily dwellings shall be at the rate of one space per four units.
D.
Places of assembly.
(1)
Schools. There shall be one parking space for each classroom, plus one space for each five seats in an auditorium or room used for such purpose.
(2)
Churches, principal or accessory auditoriums, theaters, stadiums or sports arenas. There shall be one parking space for each five seats.
(3)
Libraries or art galleries. There shall be one parking space for each 300 square feet of gross floor area.
(4)
Bowling alleys. There shall be 10 parking spaces per alley.
(5)
Restaurants.
(a)
Fast-food types. There shall be two parking spaces for each 25 square feet of gross floor area.
(b)
Sit-down types. There shall be one space per three patron seats or one space per 100 square feet of floor area, whichever is greater, plus one space per 1.5 employees on the maximum shift.
(c)
Other types. There shall be one parking space for each 60 square feet of gross floor area.
(6)
Private clubs. There shall be one parking space for every three persons to the maximum capacity of meeting rooms.
(7)
Swimming pools other than as accessory uses to single-family residences. There shall be one parking space for each 25 square feet of pool area.
(8)
Mortuaries or funeral parlors. There shall be 10 parking spaces minimum, plus 10 spaces for each parlor over one.
E.
Business or industrial uses.
(1)
Motor vehicle service stations or public garages.There shall be three parking spaces for each service bay.
(2)
Food stores, shopping centers or groups of stores covering 20,000 square feet or more of gross floor area. There shall be two square feet of parking area for every one square foot of gross floor area.
(3)
Other uses first permitted in commercial district. There shall be one parking space for each 175 square feet of gross floor area.
(4)
Manufacturing, storage or other industrial floor area. Parking shall be provided in such amount that no employee or visitor need park on a public street.
F.
All other uses not above enumerated. There shall be one parking space for each 175 square feet of gross floor area.
G.
Mixed uses. Except as otherwise provided, where a building or lot is occupied by two or more uses having different parking requirements, the parking requirements for each use shall be computed separately to determine the total off-street parking requirements.
H.
Units of measurement.
(1)
Size of parking space. The size of a parking space shall not be less than 20 feet long and nine feet wide, exclusive of access or maneuvering area.
(2)
Traffic lanes within parking areas shall be at least 25 feet in width.
(3)
Gross floor area. Gross floor area shall include all areas of a building or use occupied by any activity designed to generate traffic except those portions of a building designed exclusively for building services.
(4)
Seats. In places of assembly where seats can be provided, each 20 linear inches of seating space shall be considered as one seat for the purpose of determining off-street parking requirements.
(5)
Fractional units. When application of the units of measurement to determine required off-street parking spaces results in a fractional parking space of one-half (1/2) or more, one additional parking space shall be required.
(6)
Handicapped spaces. All handicapped parking shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
I.
Modification of required off-street parking spaces.
(1)
In the case of a church and school on the same lot, the highest parking requirement shall apply.
(2)
Where places of assembly specified are located on the same lot with other uses, the Planning Board may permit a reduction in the number of required off-street parking spaces for such places of assembly.
(3)
Where feasible the Planning Board may require shared parking between adjacent owners. The shared parking shall be protected by permanent easements, between owners, which may not be removed without the approval of the Planning Board.
[Added 3-18-2010 by L.L. No. 4-2010]
J.
Modification of requirements. Whenever the strict application of the regulations would result in parking requirements grossly in excess of the actual requirements of the anticipated use of the property or prove to be inadequate for the actual use, such requirements may be varied by the Zoning Board of Appeals. In making its determination under this section, the Zoning Board of Appeals shall consider the following:
(1)
The arrangement of land uses or uses within buildings that may tend to make a prospective use differ from similar uses in the actual parking requirements thereof.
(2)
The requirements of the prospective use for storage or accessory manufacturing which would tend to diminish the volume of traffic generated per square foot of floor area.
(3)
Evidence of overflow parking.
K.
Site requirements for off-street parking.
(1)
Location of required spaces.
(a)
General provision. All required off-street parking spaces shall be provided on the same or adjoining lot with the building or use they serve, except as otherwise provided.
(b)
Group facilities. In any commercial or industrial district, required off-street parking spaces may be provided in group parking facilities designed to serve two or more buildings or uses on different adjoining lots, provided that:
(2)
All areas counted as required off-street parking shall be unobstructed and free of other uses except off-street loading or unloading.
(3)
In any case where required off-street parking spaces are not provided on the same lot with the building or use they serve, such off-street parking spaces shall be subject to deed, lease or contract restrictions acceptable to the Town Attorney binding the owner, his heirs or assigns to maintain the required number of spaces available throughout the life of such use.
L.
Parking areas for uses not specifically enumerated herein shall be regulated with regard to such matters as size, traffic pattern and flow, location, curbing, lighting and drainage in accordance with sound engineering, design and planning standards to ensure the welfare of the users thereof.
§ 350-75 Agricultural uses.
A.
Required lot area. The lot area of any lands devoted to agricultural use or farming shall be not less than five acres with a frontage of 250 feet at the front setback lines.
B.
Yards. There shall be a front setback of not less than 50 feet from the highway line and side yards not less than 15 feet from the lot line.
C.
The owner of a farm lot may build separate residences for his farm laborers, farmhands or family actually engaged in working on the farm in accordance with the foregoing provisions, but such residences may not be sold as separate residential units on lots of less than five acres.
D.
Except as hereinabove provided, all zoning provisions and restrictions as to single-dwelling units of Residential District R-3 shall apply.
E.
Any farm building not used for residential purposes may be constructed anywhere on the land back of the setback line for the district in which it is located, provided that it shall not be nearer to the side lines than 50 feet nor to the rear line than 50 feet. In the event that a side line is on an existing highway, the provisions above for front yard line will apply.
F.
Customary agricultural operations or farming may be conducted in all zones.
§ 350-76 Sand and gravel pits; mining and quarrying.
Commercial sand and gravel pits and mining and quarrying operations shall be prohibited in the Town of Webster.
§ 350-77 Clear sight at intersections.
There shall be no obstruction to the view in excess of three feet in height, as measured perpendicularly from the street grade, on any lot in the angle formed by intersecting streets so as to interfere with the view of traffic approaching the intersection within the distance of 100 feet measured along the street center lines.
§ 350-78 Commercial airports.
There shall be no commercial airports allowed in the Town of Webster.
§ 350-79 Fences. [1]
[Added 8-3-2006 by L.L. No. 2-2006; amended 5-5-2022 by L.L. No. 2-2022]
A.
Fence permit required. The Building Division shall issue a fence permit to any applicant who has:
B.
No stockade or other solid fence or chain-link fences are permitted in the front setback of any residential lot. No fence in excess of four feet in height shall be erected in the front setback of any residential lot.
C.
Fences in the rear and side setbacks for residential uses shall conform to the following standards:
Fence Height (feet) | Minimum Setback from Property Line (feet) |
|---|---|
6 and under | 0 |
7 | 10 |
8 and over | 15 |
D.
The face side of any fence erected in any district shall face the nearest abutting property, and all posts or supports shall be on the inside of the fence unless the posts or supports constitute an integral part of the face side of the fence.
E.
No barbed-wire, razor wire or similar type of fences, or electric fences or fencing shall be permitted in any residential lot within the Town of Webster. However, in conformance with the other provisions and requirements of this chapter, barbed-wire or electric fences or fencing may be permitted on farms and to enclose horse paddocks.
F.
In no case shall a fence be located in a buffer area nor in any Town easements without prior Town Board Approval and filing of a licensing agreement.
[1]
Editor's Note: Original § 225-77, Landscaping, was repealed 6-17-1993.
§ 350-80 Performance standards.
[Amended 11-3-1994 by L.L. No. 2-1994]
In all districts, uses are not permitted which exceed any of the following standards, measured at the individual property line:
A.
Those which emit any odor which is considered offensive.
B.
Those which emit dust or dirt which is considered offensive.
C.
Those which emit any smoke in excess of Ringelmann Chart No. 2.
D.
Those which emit any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation.
E.
Those which cause, as a result of normal operations, a vibration which creates displacement of three-thousandths (0.003) inch.
F.
Lighting or signs which create glare which could impair the vision of a driver of any other motor vehicle.
G.
Those which cause a fire, explosion or safety hazard.
§ 350-81 Signs.
§ 350-82 Rentals. [1]
[Added 7-22-2010 by L.L. No. 7-2010]
A.
The following shall apply to rentals of all/any dwellings, including single-family detached dwellings, single-family semidetached dwellings, two-family dwellings, multiple-family dwelling units, or any other dwelling units as defined in § 350-3 of this chapter, in the Town of Webster, except motels, hotels, bed-and-breakfasts and recreational vehicles.
B.
No such dwelling unit shall be rented, leased or otherwise given over to a person other than an owner thereof for rent or other consideration for a period of less than 28 continuous days. Transient rentals are specifically prohibited.
[1]
Editor's Note: Original § 225-80, Mixed occupancy, was repealed 5-16-1996.
§ 350-83 Waterfront properties.
[Added 7-2-1987]
A.
Scope. This section refers to all properties with at least 15 feet of frontage on Irondequoit Bay or Lake Ontario.
B.
Minimum setback from water's edge. Any principal building, parking area or accessory structure, excluding such facilities as docks, piers, wharves and boat ramps, that is to be developed on property that contains at least 15 feet of frontage on Irondequoit Bay or Lake Ontario shall be required to maintain a minimum setback of 25 feet inland from the high-water's edge in order to maintain adequate access to the shore zone. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet based on due consideration by the Board of the preservation and protection of sensitive environmental features and the maintenance of the wooded character of the shore zone area as well as scenic views and vistas.
C.
Accessory uses.
(1)
Signage for any development that contains at least 15 feet of frontage on Irondequoit Bay or Lake Ontario shall be subject to the following restrictions:
(a)
Signs oriented towards the water shall be building-mounted, permitted for identification purposes only, and shall not exceed 25 square feet in surface area. Rooftop signs are expressly prohibited.
(2)
Fishing piers, docks, wharves and boat launching ramps.
[Amended 6-17-1993]
(3)
Mooring buoys or facilities shall be in compliance with the permit conditions, laws, rules and regulations of the United States Army Corps of Engineers and New York State Department of Environmental Conservation.
§ 350-84 Abandoned property.
[Added 6-17-2010 by L.L. No. 5-2010]
A.
The intent of this regulation is protect the health, safety and welfare of the residents of the Town of Webster by establishing a process to identify abandoned properties and provide a means by which the Town may remedy conditions that threaten public health, safety and welfare.
B.
Order to comply. Should the Code Enforcement Official, after inspection and investigation, find that a property is an abandoned property as defined in § 350-3 of this chapter, he or she shall cause to be issued a written notification, served personally or by regular and certified mail, return receipt requested, addressed to the property owners as their names and addresses are shown upon the records of the Assessor. The notification shall declare the property to be an abandoned property and shall cite the conditions found constituting the determination. Notification shall order the property owner to abate the conditions cited. The notice shall allow the property owner a specific and reasonable period of time to comply, as determined by the Code Enforcement Official, but not to exceed 10 days. Should the Code Enforcement Official not effect personal service or not receive confirmation of the receipt of a written certified notification within 10 days of the mailing, notification shall be served in the following manner:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
By personal service of a copy thereof upon the executors, legal representatives, agents, lessees or any other person having a vested or continued interest in the premises as shown by the last preceding completed assessment roll of the Town or, if no such person can be reasonably found, by mailing to said person by certified mail, return receipt requested, a copy of said notice directed to his/her last known address; and
(2)
By personal service of a copy of said notice upon any adult person occupying the premises on which said special permit use is conducted, or, if no such person can be reasonably found, by mailing to said occupant by certified mail, return receipt requested, a copy of said notice directed to the address of the premises on which the conditions constituting said nuisance exists, or by securely affixing a copy of said notice upon any building or structure which is located on the premises on which the conditions constituting said nuisance exists.
C.
Compliance or appeal by the property owner. The property owner shall, after notice as stated above, complete all actions required to abate any condition as determined by the Code Enforcement Official within the time period prescribed. Should the property owner contest the decision of the Code Enforcement Official, an appeal in writing may be filed with the Town Supervisor at any time prior to the expiration of 10 days from the date of mailing of the notice as specified above. A hearing on such appeal shall be conducted as set forth below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Hearing procedure. A property owner shall have a right to representation at any hearing conducted pursuant to this section. He or she shall be notified in advance, in writing, of such right. If representation is requested, the property owner shall have no more than (or up to) two weeks to obtain such representation. In any event, the hearing officer, as appointed herein, will call and conduct the hearing after that opportunity, if requested, has passed. A person against whom abatement, compliance or any penalty under this section is being sought or proposed shall have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least eight days for answering the same in writing. If no such written response is received, the charges will be deemed denied. The hearing upon such charges shall be held by the Town Supervisor or the Town Board sitting en banc, or by a deputy or other person designated by such Town Supervisor or Town Board. In case a deputy or other person is so designated, he or she shall make a record of such hearing, which shall, with the hearing officer's recommendations, be referred to such Supervisor or Town Board for review and decision. The person or persons holding such hearing shall, upon the request of the property owner against whom charges are preferred, permit such property owner to be represented by counsel, and shall allow him or her to summon witnesses in his or her behalf. The burden of proving the nuisance or abandonment shall be upon the person alleging the same or the Code Enforcement Officer. Compliance with technical rules of evidence shall not be required.
D.
Upon failure of the owner of the premises found in violation of this section to remedy the conditions existing in violation of the requirements hereof within 10 days after mailing or personal service of notice to do so, then the Code Enforcement Official shall proceed to have such conditions remedied, and all the costs and disbursements thereof shall be and become a lien against such property to the same extent and character as a lien for real estate taxes and with the same penalties and interest and with the same rights of collection, foreclosure, sale and forfeiture as obtained for tax liens.
E.
Upon completion of the required work by the Town as provided above, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violation and the same assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the Town Board prior to the expiration of such thirty-day period.