[Amended 1-9-1989 by L.L. No. 1-1989; 5-13-1999 by L.L. No. 3-1999; 4-22-2004 by L.L. No. 1-2004]
A.
Off-street requirements. For each structure hereafter constructed or altered, the following parking spaces shall be provided and maintained on the same lot with the structure, except as set forth in Subsection B:
|
Structures
|
Number of Parking Spaces
|
|---|---|
|
Single- and 2-family dwelling
|
2 for each dwelling unit
|
|
Multiple-family dwellings
|
2 for each dwelling unit
|
|
Motels and hotels
|
1 for each guest room
|
|
Bed-and-breakfast
|
1 per each room plus one for owner
|
|
Churches, auditoriums, theaters, funeral homes and other places
of public assembly
|
1 for each 4 seats at maximum capacity
|
|
Offices
| |
|
General
|
1 for each 300 square feet
|
|
Medical
|
2 for each treatment room, plus 1 for each doctor/dentist and
other employees
|
|
Barbershop and beauty parlor
|
3 per chair
|
|
Stores and shopping centers
| |
|
0 to 5,000 square feet of gross floor area
|
1 for each 250 square feet of gross floor area
|
|
5,000 square feet and over
|
20, plus 1 for each 250 square feet over 5,000
|
|
Laundromat
|
1 for each 3 washing/drying machines
|
|
Industrial, warehousing or manufacturing establishment
|
1 for each 500 square feet of gross floor area
|
|
Restaurants
|
1 for each 60 square feet of gross floor area
|
|
Bowling alleys
|
10 for each alley
|
|
Other commercial enterprises
|
1 for each 300 square feet of gross floor area
|
|
Institutions, hospitals and nursing homes
|
1 for each 2 patients or residents
|
B.
Off-site parking areas. Up to 100% of the parking spaces required for a structure in Subsection A may be otherwise located upon approval of the Zoning Board of Appeals pursuant to Article XIV and upon:
(1)
Finding that there is insufficient available parking on the same
lot with the structure;
(2)
Finding that the required spaces are provided in a permanent and
accessible manner;
(3)
Finding that the off-site parking is within 500 feet of the site
of the structure and within the same or less restricted district;
and
(4)
Such other reasonable restrictions as may be prescribed by the Zoning
Board of Appeals.
C.
Loading berths. Loading berths are required for all industrial, warehousing
or manufacturing establishments in excess of 25,000 square feet in
area. There shall be one berth for each 25,000 square feet of gross
floor area.
D.
Business vehicles. No more than one commercial vehicle with more
than four wheels shall be parked out of doors on any lot in a residential
district.
E.
Unregistered vehicles and machinery may not be parked out of doors on any property within the Village for longer than two weeks except as provided in § 58-4 of this Code. Unregistered recreational vehicles and boats may be stored outdoors for up to six months, provided that the unregistered recreational vehicle or boat is located behind the front line of the nearest structure.
[Amended 12-28-2006 by L.L. No. 3-2006]
F.
A lot in a residential district without a principal structure shall
not be used for parking or storage of vehicles, machinery or similar
equipment.
H.
Parking is prohibited in the front, side or rear yard of any lot improved with a building containing one to six dwelling units, except that parking is permitted on the driveway serving the property. No driveway is permitted in that portion of a front yard lying between the planes of the side walls of the main dwelling extended to the front property line, except as provided in Subsection E of this section. No driveway shall be placed closer than three feet from the property line.
[Amended 6-1-2015 by L.L.
No. 1-2015]
[Amended 10-23-1978 by L.L. No. 2-1978; 11-23-1981 by L.L. No. 4-1981; 3-8-1982 by L.L. No. 1-1982; 6-9-1994 by L.L. No. 2-1994; 5-13-1999 by L.L. No.
2-1999; 4-22-2004 by L.L. No. 1-2004; 6-23-2005 by L.L. No. 4-2005]
A.
Purpose. The purpose of this section is to regulate the quantity,
quality, safety, and maintenance of signs and bulletins consistent
with consideration of the public welfare, improvement of the appearance
of the community and reasonable identification of residences, businesses,
and facilities in the Village of Webster.
B.
General. The following shall apply to all signs and billboards, hereinafter
referred to collectively as "signs":
(1)
A permanent advertising display upon any structure shall be regarded
as a sign subject to this section.
(2)
Sign permits, to be issued by the Building Inspector, shall be required
for all signs.
(3)
The area of a sign shall be measured by the area of its background
frame where such frame has been affected by materials, paint, lighting
or other means. Where a sign consists solely of independent letters
or symbols without frame, its area shall be measured by the rectangular
areas encompassing the letter or symbol groupings.
(4)
No sign attached to a building in any district shall project above
the height of the wall upon which it is attached.
(5)
No illuminated sign shall direct light in a way that would cause
a traffic hazard or be unreasonably detrimental to adjoining or neighboring
residences, and any illuminated sign will be constructed and operated
so as to focus the light upon itself and prevent glare upon the surrounding
areas.
(6)
Other than signs permitted by these regulations, all exterior advertising
devices, such as but not limited to bunting, pennants, streamers or
peripheral lighting, are prohibited. No exterior sign shall be flashing,
revolving, animated, or otherwise in motion except the traditional
barber pole, which may be revolving, and time and temperature signs.
Any parking lot lighting, security lighting or entrance lighting will
be constructed and operated so as to prevent glare or projection of
light upon the surrounding areas.
(7)
No sign shall obstruct any fire escape, window, door or opening used
for fire-fighting purposes, for ventilation or as an exit. No sign
shall be placed on any sidewalk, hydrant, utility pole, fence or on
any other public property except as permitted by other provisions
of this section.
(8)
A nonconforming sign may not be changed, replaced or altered in any
manner unless the resulting sign complies with the current regulations
of this section.
(9)
All signs, conforming or nonconforming, shall be maintained in a
safe and attractive condition and shall be kept clean, neatly painted
and free from all hazards, such as but not limited to faulty wiring
and loose fastenings. In the event of a violation of any of the foregoing
provisions, upon notice sent to the address listed on the sign's permit
application and to the property address, and the failure of the owner
or operator to correct said violation within 30 days, the sign's permit
shall be revoked without need for any further action on the part of
the Village.
(10)
All signs erected or placed after the date of adoption of the
amendments to this section will be in conformity with this section.
Nonconforming signs shall be brought into conformity upon being materially
altered or with a change of ownership, whichever shall occur first.
A sign shall be deemed to be materially altered upon the happening
of any of the following: any change in the text, names or words on
the sign, other than the price of gasoline in the case of gasoline
filling stations or the message on signs approved with space for movable
letters; any change in the symbol or logos from those allowed when
the sign was approved; installation of new or replacement panels on
the sign; modification, alterations, or rebuilding of the structure
support or framing of the sign.
(11)
A single, nonilluminated temporary sign, with not more than
six square feet of area per side in residential districts and 10 square
feet of area per side in all other districts, advertising the sale
or rental of the property upon which it is located may be freestanding
or attached to the building. Such sign must be removed upon the sale
or rental of the property.
(12)
It shall be unlawful for any person, firm or corporation to
erect or maintain any sign, billboard, banner or placard, the total
area of which shall exceed 16 square feet, in, upon and across a street
or streets of the Village of Webster, or from one building to another
therein, without the consent of the Village Board. "Street" is defined
to include the area commonly used for pedestrian and vehicular traffic,
including pavement, curbs, sidewalks and all land included within
the lines of the streets as determined by the terms of the deeds of
dedication where such streets have been dedicated, and all land included
between the sides of the sidewalks nearest to the building lines in
the streets which have not been dedicated.
(13)
No person shall post, affix, print, write, or paint any bill,
advertisement or other notice on any fence, post, railing, tree, or
public building in said Village or upon any private building without
permission from the owner or occupant thereof. Any such notice posted
in violation hereof shall be subject to confiscation by the Village.
(15)
All signs shall be constructed by a professional.
C.
In residential districts, no sign shall be erected or used except:
(1)
A single professional or announcement sign, which may be illuminated
by white light, not more than two square feet in area and no more
than six inches in depth, attached to and parallel to a principal
building facade so that its top shall not extend higher than six feet
above finished grade.
(2)
Signs of duly constituted government bodies, including traffic or
similar regulatory devices, legal notices or location and directional
signs appropriate to public or quasi-public facilities, such as government
offices, schools, hospitals, churches or public parking.
(3)
Signs, posters, flags, plaques or emblems of political, civic, philanthropic,
educational or religious organizations, when such displays are of
a temporary nature, such as signs shall not be erected more than 30
days prior to and be removed within 10 days after the event by the
sponsoring organization.
(4)
Signs not visible off the lot upon which they are situated.
(5)
Nonilluminated resident identification signs not more than 1 1/2
square feet in area.
(6)
Single builders', architects', and engineers' signs not more than
15 square feet in area on a site during construction of a structure
or structures, such sign to be removed within 14 days after issuance
of the certificate of occupancy for the last structure on the site.
(7)
Private parking control signs, up to 1 1/2 square feet per side,
are permitted and shall be subject to the approval of the Zoning Board
of Appeals. No advertising is permitted on these signs.
D.
In all other districts (Central Business, West End Business, Neighborhood
Business, General Industrial and Planned Unit Development), no signs
shall be erected or used except:
(1)
Signs permitted in residential districts.
(2)
No more than one sign for the identification of each business conducted on the premises, except that if the building is located on two or more intersecting streets, one sign for each facade may be permitted. Except as provided in Subsection D(3), (4) and (5), such signs shall be attached to and parallel to the street facade of the principal building, may be illuminated and shall have a total area not greater than 10% of that proportion of the main facade as the floor space of such business bears to the total floor space of the building, but no greater than a total of 75 square feet.
(3)
Where features of grade, setback or adjacent architecture obstruct
or obscure visibility of a facade sign, application may be made to
the Zoning Board of Appeals for permission to erect one freestanding
sign or one off-premises sign if necessary, as deemed by the Zoning
Board of Appeals, in addition to a facade sign, subject to the following
provisions:
(a)
Freestanding signs or off-premises signs, together with the
facade sign, may exceed the maximum requirements by 50%, but may not
exceed 100 square feet in total area. A freestanding sign itself may
not exceed 35 square feet per side; if ground-mounted, may have a
total height of not more than six feet above ground level; if elevated,
must allow at least eight feet of clearance above finished grade and
must be no higher than 20 feet; must be at least 20 feet from a street
line and at least 10 feet from a side line; and may not overhang a
public walkway or roadway.
(b)
The owner(s) of a perpendicular sign or freestanding sign extending
into the public right-of-way must deliver to the Village of Webster
an insurance policy insuring the Village against all loss, liability
or damage suffered by all persons by reason of the construction or
maintenance of such sign, which policy shall be written at limits
of $500,000 minimum for bodily injuries to one person and $1,000,000
minimum for bodily injuries for more than one person as the result
of one accident.
(c)
Off-premises sign standards.
[1]
The sign shall be no more than four inches high by 30 inches
wide for each business.
[2]
The sign shall be mounted on a single standard and shall be
located on the Village right-of-way and be a maximum of six feet high.
[3]
The sign shall consist only of three-inch high white letters
on a green background.
[4]
The sign may be lettered on both sides.
[5]
Two or more businesses may advertise on the same sign. Such a combined sign must meet the standards for each business stated above in Subsection D(3)(c)[1] through [4].
[6]
The sign shall be posted only at a street or parking lot intersection,
and only one sign standard may be erected at each intersection.
[7]
The exact location of the sign post or standard must be approved
by the Building Inspector.
[8]
The Village of Webster shall provide and maintain the sign and
shall charge an installation fee that is sufficient to cover the costs
of such provision and installation. The business or businesses advertised
on the sign shall pay the Village a yearly fee to maintain/replace
the sign if it becomes unsightly because of deterioration or damage.[1]
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
[9]
Fifteen days after the mailing date of a notice from the Building
Inspector to the advertising business, the Village of Webster shall
remove off-premises signs if the advertising business has ceased operation
or if the sign is unsightly because of deterioration or damage.
(d)
The A-frame sign must be located on the business's property
and not within any public right-of-way and can only be displayed during
business hours. The sign must not exceed four feet high by three feet
wide and must be constructed of durable material.
(4)
Where two or more business establishments are located on the same
lot or in the same building, the sign for each shall be considered
a separate sign under the requirements of this section and shall be
of a design compatible in style and color with the sign for each other
establishment on the site. Upon special application to the Zoning
Board of Appeals and with its approval, such signs may be combined
into a single sign, either facade or freestanding as the Zoning Board
of Appeals may direct, after consideration of features of grade, setback
or architecture, equaling in size the combined square footage of the
single signs permitted, but not to exceed 75 square feet.
(5)
Where groupings of buildings of one business or industry or apartment
complex in residential area exceed four in number and the total in
excess of 50,000 square feet of gross floor area, a single freestanding
sign identifying the business or industrial complex may be permitted
exceeding the maximum requirements by 50%. In cases where features
of grade, setback or location make facade sign identification ineffective
and impractical, the Zoning Board of Appeals may approve a single
freestanding sign indicating a group or adjoining businesses of less
than 50,000 square feet of gross floor area. Such signs shall not
exceed 12 feet in height, and if used, each establishment or building
within the group shall be required to reduce its permitted sign area
by 50%. If the design of the complex includes a canopy, individual
establishment signs shall be located beneath it.
E.
Projection signs. In the Central Business District, the owners of businesses not located at intersections of streets and/or driveways may apply to the Zoning Board of Appeals for a projection sign that projects perpendicular to the facade of their business in lieu of a facade sign. The minimum clearance height of the sign above finished grade must be eight feet. The maximum dimensions of the sign including the frame are two feet high by five feet wide. The sign may have advertising on both sides but may not be illuminated internally. The owners of the sign must provide the Village of Webster insurance in accordance with Subsection D(3)(b) of this section.
F.
Temporary signs. All signs of a temporary nature, such as posters,
banners, promotional devices and other signs of a similar nature,
may be granted a temporary permit by the Zoning Board of Appeals for
a period not to exceed 60 days, provided that such signs are not attached
to fences, trees, utility poles or the like, and further provided
that such signs are not placed in a position that will obstruct or
impair vision or traffic or in any manner create a hazard or disturbance
to the health and welfare of the general public. Such signs shall
not be illuminated nor shall any lighting device be used in connection
therewith. Such signs shall not exceed 16 square feet in area and
shall not be located within any highway right-of-way nor on any public
property. A nonrefundable fee, as set by the Village Board in the
annual fee schedule, shall be paid upon the issuance of a permit.
In addition, a cash deposit of $25 shall be made to ensure the removal
of such sign at the expiration of the permit. The Building Inspector,
after five days' written notice to the permit holder to remove such
sign and the failure of the permit holder to do so, shall cause said
sign to be removed, and the cash deposit shall be forfeited to help
defray the cost of removal. Temporary real estate sale and open house
signs are exempt from the fee provision but must conform in all other
respects.
[Amended 8-14-2008 by L.L. No. 9-2008]
(1)
An "open" banner must be no more than three feet by five feet in
size, must have no other word than the word "open" on it, and must
be displayed only during business hours. The banner must be safely
and securely mounted in such a way that it will not impede or be a
hazard to pedestrian or vehicular traffic.
(2)
Decorations or outdoor displays celebrating special days or occasions
including sales are considered temporary signs and as such are limited
to a period of 30 days after such event or occasion. Merchandise that
is for sale shall not be exhibited outdoors in the Central Business
District, West End Business District, and Neighborhood Business District
without prior approval of the Zoning Board of Appeals.
Nothing herein contained shall prevent the projection of an
open fireproof fire escape or stairway into a rear or side yard for
a distance not to exceed eight feet.
[Amended 9-14-1995 by L.L. No. 2-1995]
Nothing herein contained shall be interpreted to limit or restrict
the height of a church spire, belfry, clock tower, chimney flue, water
tank, elevator bulkhead, stage tower, scenery lift or similar structure.
A.
"Use," under this section, is the general purpose for which land
or building is designed and occupied. A use or structure becomes nonconforming
when it lawfully existed prior to the adoption, amendment or revision
of this chapter but fails to conform to the requirements of the district
in which it is located by reason of such adoption, revision or amendment.
[Amended 3-26-1990 by L.L. No. 1-1990; 6-9-1994 by L.L. No. 2-1994]
B.
A nonconforming structure or use may be continued subsequent to adoption
of this chapter, provided that no such structure may be enlarged or
altered in a way which increases its nonconformity, and no such use
shall be enlarged or increased to occupy a greater area of land than
was occupied at the effective date of adoption or amendment of this
chapter.
[Amended 6-9-1994 by L.L. No. 2-1994]
C.
Any nonconforming use may be extended throughout any parts of a structure
which were manifestly arranged or designed for such use at the time
of adoption of this chapter. A nonconforming use may not be changed
to another nonconforming use disallowed by this chapter.
D.
To avoid undue hardship, nothing herein contained shall require any
change of plans, construction or designated use of a structure for
which a building permit was issued more than 30 days prior to the
enactment of this chapter and the construction of which is begun and
diligently prosecuted within three months after the enactment of this
chapter or an amendment hereof.
[Amended 6-9-1994 by L.L. No. 2-1994]
E.
The term "used" or "occupied," as applied to any land or structure,
shall be construed to include the words "intended, arranged or designed
to be used or occupied," except as to nonconforming uses or structures.
[Amended 3-26-1990 by L.L. No. 1-1990]
F.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any Village official charged with protecting
the public safety, upon order of such official.
G.
Reversion of nonconforming structures and uses. A nonconforming structure
or use may not be altered, rebuilt or resumed, except in conformity
with the regulations for the district in which it is located, if:
[Amended 3-26-1990 by L.L. No. 1-1990]
(1)
Either a nonconforming structure or use has once been changed to
a conforming use.
(2)
In any district, whenever a nonconforming use of land, premises,
building or structure or any part or portion thereof has been discontinued
for a period of six months, such nonconforming use shall not thereafter
be reestablished, and all future use shall be in conformity with the
provisions of this chapter. Discontinuance of the active and continuous
operation of such nonconforming use or a part or portion thereof for
such period of six months is hereby construed and considered to be
an abandonment of such nonconforming use, regardless of any reservation
of an intent not to abandon the same or of an intent to resume active
operations.
(3)
Actual abandonment in fact is evidenced by the removal of buildings,
structures, machinery, equipment and other evidences of such nonconforming
use of the land and premises; the abandonment shall be construed and
considered to be completed within a period of less than six months,
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
(4)
A nonconforming structure is destroyed by any means to the extent
of 75% or more of either its value or its bulk. However, any residential
structure nonconforming only as to yard size, if so destroyed, may
be rebuilt upon the same location upon the same foundation size.
H.
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from a district of one classification
to a district of a different classification, the foregoing provisions
shall apply to nonconforming uses created by such transfer.
A.
For all one-story single-family dwellings, the minimum first-floor
area used for living purposes shall be 960 square feet.
B.
For all one-and-one-half-story and split-level single-family dwellings,
the minimum area used for living space shall be 900 square feet.
C.
For all two-story single-family dwellings, the minimum first-floor
area used for living purposes shall be 660 square feet.
D.
Minimum apartment unit size. In addition to areas for common use
of all tenants, such as corridors, stairs, lobbies, storage space
and other incidental space proper for the use of the building as an
apartment, each apartment must have the following minimum area:
E.
Minimum size of a townhouse shall be 1,100 square feet.
[Amended 11-23-1981 by L.L. No. 3-1981]
A.
Private garages and accessory buildings. Notwithstanding the applicable
side or rear yard requirements, on each lot there shall be permitted
in a side yard or a rear yard in any residential district one garage,
either attached or detached, and one accessory building. In all residential
zones, no garage shall be more than 600 square feet in area, and all
accessory buildings shall have a maximum size of 192 square feet or
1% of gross land area, whichever is less. Notwithstanding the foregoing,
in all residential districts, a 120-square-foot accessory structure
shall be allowed regardless of lot size. No detached garage or other
accessory building shall be constructed nearer to the front property
line than the rear of the main building or, in the case of a corner
lot, nearer to the side street line than a distance equal to 1/2 the
width of the lot. The exterior of detached garages shall be finished
with similar siding and roofing as the siding and roofing of the principal
building. In any district, no detached garage or accessory building
shall be placed closer to a side or rear property line than five feet.
[Amended 2-9-1987 by L.L. No. 1-1987; 1-9-2020 by L.L. No. 1-2020; 9-22-2022 by L.L. No. 8-2022]
B.
Wireless communications facilities.
[Added 8-8-2019 by L.L.
No. 1-2019[1]]
(1)
Purposes.
(a)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in the Village of Webster (referred to herein
as the "Village"). While the Village recognizes the importance of
wireless communications facilities in providing high-quality communications
service to its residents, the Village also recognizes that it has
an obligation to protect public safety and to minimize the adverse
effects of such facilities through the standards set forth in the
following provisions.
(b)
By enacting these provisions, the Village intends to:
[1]
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
of necessary services;
[2]
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Village residents and wireless
carriers in accordance with federal and state laws and regulations;
[3]
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Village, including facilities both
inside and outside the public rights-of-way;
[4]
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi,
small WCF and other wireless communications facilities;
[5]
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers where feasible;
[6]
Promote the health, safety and welfare of the Village's residents.
(2)
General and specific requirements for non-tower wireless communications
facilities.
(a)
The following regulations shall apply to all non-tower WCF:
[1]
Permitted in all zones subject to regulations. Non-tower WCF
are permitted in all zones, subject to the restrictions and conditions
prescribed below and applicable permitting by the applicable Village
entity.
[2]
Nonconforming wireless support structures. Non-tower WCF shall
be permitted to co-locate upon existing nonconforming tower-based
WCF and other nonconforming structures. Co-location of WCF upon existing
tower-based WCF is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
[3]
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code, or to the industry standard applicable
to the structure. Any non-tower WCF shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or damage any property in the Village.
[4]
Wind and ice. All non-tower WCF structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
[5]
Aviation safety. Non-tower WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
[6]
Public safety communications. Non-tower WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[7]
Radio frequency emissions. A non-tower WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[8]
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Village of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
[a]
All abandoned or unused WCFs and accessory equipment
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Village Building
Inspector.
[b]
If the WCF or accessory equipment is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Village, the WCF and/or associated
facilities and equipment may be removed by the Village and the cost
of removal assessed against the owner of the WCF.
[9]
Gap in coverage. A WCF applicant for a non-tower WCF must demonstrate
that a significant gap in wireless coverage or capacity exists in
the applicable area and that the type of WCF being proposed is the
least intrusive means by which to fill that gap in wireless coverage.
The existence or nonexistence of a gap in wireless coverage or capacity
shall be a precondition to the Village Board of Trustees' decision
on an application for a non-tower WCF. This condition shall also be
satisfied when the WCF applicant demonstrates that the non-tower WCF
is being proposed to densify an existing wireless network, introduce
new services or otherwise improve service capabilities.
[10]
Timing of approval.
[a]
Within 60 days of receipt of an application for
a non-tower WCF that meets the definition of a small WCF on a preexisting
structure, the Village Building Inspector shall make a final decision
on whether to approve the application and shall notify the WCF applicant
in writing of such decision.
[b]
Within 30 calendar days of the date that an application
for a non-tower WCF that does not meet the definition of a small wireless
facility is filed with the Village, the Village Board of Trustees
shall notify the WCF applicant in writing of any information that
may be required to complete such application. Within 60 calendar days
of receipt of a complete application, the Village shall make its final
decision on whether to approve the application and shall advise the
WCF applicant in writing of such decision. If additional information
was requested by the Village Board of Trustees to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the Village's sixty-day review period.
[11]
Permit fees. The Village may assess appropriate
and reasonable permit fees directly related to the Village's actual
costs in reviewing and processing the application for approval of
a non-tower WCF, as well as related inspection, monitoring and related
costs. Such fees shall comply with the applicable requirements of
the FCC.
[12]
Third-party property. Where the non-tower WCF
is located on a property that is not owned by the WCF applicant, the
WCF applicant shall present documentation to the Board that the owner
of the property has granted an easement or other form of land control,
if necessary, for the proposed WCF and that vehicular access will
be provided to the facility.
[13]
Insurance. Each person that owns or operates a
non-tower WCF shall annually provide the Village with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the non-tower
WCF.
[14]
Indemnification. Each person that owns or operates
a non-tower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Village, its elected and appointed officials,
employees and agents at all times against any and all claims for personal
injury, including death, and property damage arising in whole or in
part from, caused by or connected with any act or omission of the
person, its officers, agents, employees or contractors arising out
of, but not limited to, the construction, installation, operation,
maintenance or removal of the non-tower WCF. Each person that owns
or operates a non-tower WCF shall defend any actions or proceedings
against the Village in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a non-tower WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
[15]
Maintenance. To the extent permitted by law, the
following maintenance requirements shall apply:
[a]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure compliance
with applicable structural safety standards and radio frequency emissions
requirements.
[c]
All maintenance activities shall utilize industry
standard technology for preventing failures and accidents.
(b)
In addition to the requirements in § 175-59B(2)(a) above, the following regulations shall apply to all non-tower WCF that meet the requirements of an eligible facilities request pursuant to 47 CFR § 1.40001:
[1]
Building permit required. WCF applicants proposing the modification
of an existing non-tower WCF that does not substantially change the
dimensions of the WCF shall obtain a building permit from the Village
Building Inspector. In order to be considered for such permit, the
WCF applicant must submit a permit application to the Village Building
Inspector in accordance with applicable permit policies and procedures.
Such application shall designate in writing that the application is
an eligible facilities request.
[2]
Accessory equipment. Ground-mounted accessory equipment shall
not be located within 50 feet of a lot in residential use. If the
WCF applicant proposes that ground-mounted accessory equipment be
located 50 feet or less in distance from a lot in residential use,
the WCF applicant shall be required to obtain special use approval
from the Village Board of Trustees prior to the installation of the
WCF.
(c)
In addition to the requirements in § 175-59B(2)(a) above, the following regulations shall apply to all non-tower WCF that substantially change the wireless support structure to which they are attached:
[1]
Noncommercial usage exemption. Village residents utilizing satellite
dishes, citizen and/or band radios, and antennas for the purpose of
maintaining television, phone, and/or internet connections at their
residences shall be exempt from the regulations enumerated in this
section.
[2]
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached residences, single-family attached
residences, twin-homes, duplexes, or any residential accessory structure.
[3]
Special use permit required. Any WCF applicant proposing the construction of a new non-tower WCF that substantially changes the wireless support structure to which they are attached, or the modification of an existing non-tower WCF, shall first obtain a special use permit from the Village Board of Trustees pursuant to § 175-44. The special use application shall demonstrate that the proposed WCF complies with all applicable provisions in the Village of Webster Zoning Ordinance.
[4]
Small wireless facilities. Any WCF applicant proposing the construction
of a new non-tower WCF that meets the definition of a small WCF shall
first obtain a building permit from the Village Building Inspector.
The permit application shall demonstrate that the proposed WCF complies
with all applicable provisions in the Village of Webster Zoning Ordinance.
[5]
Historic Buildings. No non-tower WCF may be located within 100
feet of any property, or on a building or structure that is listed
on either the National or New York State Register of Historic Places,
or eligible to be so listed, located within an historic district,
or is included in the official historic structures list maintained
by the Village.
[6]
Retention of experts. The Village may hire a qualified consultant(s)
and/or expert(s) necessary to assist the Village in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Village for all costs of the Village's
consultant(s) in providing expert evaluation and consultation in connection
with these activities. Such cost recovery fees shall comply with the
applicable requirements of the FCC.
[7]
Development regulations. Non-tower WCF shall be located or co-located
on existing structures, such as existing buildings or tower-based
WCF, subject to the following conditions:
[a]
The total height of any wireless support structure
and mounted WCF shall not exceed 20 feet above the maximum height
permitted in the underlying zoning district.
[b]
In accordance with industry standards, all non-tower
WCF applicants must submit documentation to the Village Board of Trustees
justifying the total height of the non-tower WCF. Such documentation
shall be analyzed on an individual basis.
[c]
If the WCF applicant proposes to locate accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[d]
A security fence not to exceed eight feet in height
shall surround any separate communications equipment building. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular circulations on the site for the principal
use.
[e]
Any separate communications equipment building
shall also be surrounded by a screen of evergreen trees, each at least
four feet in height, located along the perimeter of the security fence.
Existing vegetation shall be preserved to the maximum extent possible.
[8]
Design regulations.
[a]
Non-tower WCF shall employ stealth technology and
be treated to match the wireless support structure in order to minimize
aesthetic impact where reasonably necessary. The application of the
stealth technology utilized by the WCF applicant shall be subject
to the approval of the Village Board of Trustees.
[9]
Removal, replacement and modification.
[a]
The removal and replacement of non-tower WCF and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not substantially
change the overall height of the WCF or increase the number of antennas.
[b]
Any substantial modification to a WCF shall require
notice to be provided to the Village Building Inspector, and possible
supplemental permit approval to the original permit or authorization
as determined by the Building Inspector.
[10]
Inspection. The Village reserves the right to
inspect the applicable lease/license area of any WCF to ensure compliance
with the provisions of the Zoning Ordinance and any other provisions
found within the Village Code or state or federal law. The Village
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
[11]
Financial security. Prior to receipt of a use
permit for the construction or placement of a non-tower WCF, the WCF
applicant shall provide to the Village financial security sufficient
to guarantee the removal of the non-tower WCF. Said financial security
shall remain in place until the non-tower WCF is removed.
(d)
Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in § 175-59B(2)(a), the following regulations shall apply to non-tower WCF located in the public rights-of-way:
[1]
Location. Non-tower WCF in the ROW shall be co-located on wireless
support structures. If co-location is not technologically feasible,
the WCF applicant shall locate its non-tower WCF on existing poles
or freestanding structures that do not already act as wireless support
structures with the Village Board of Trustees' approval.
[2]
Design requirements.
[a]
WCF installations located above the surface grade
in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the least visibly intrusive equipment feasible.
[b]
Antennas and accessory equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated, to be visually compatible with the support structure
upon which they are mounted.
[3]
Time, place and manner. The Village Building Inspector shall
determine the time, place and manner of construction, maintenance,
repair and/or removal of all non-tower WCF in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations.
[4]
Equipment location. Accessory equipment shall be located underground
or, if undergrounding is demonstrated to be unfeasible, shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the ROW
as determined by the Village. In addition:
[a]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, within four feet of the edge of the roadway, or within an easement
extending onto a privately owned lot;
[b]
Ground-mounted accessory equipment that cannot
be placed underground shall be screened from surrounding views, to
the fullest extent possible, through the use of landscaping or other
decorative features to the satisfaction of the Village Board of Trustees.
Ground-mounted accessory equipment shall be screened, when possible,
by utilizing existing structures. If screening by utilizing existing
structures is not possible, ground-mounted accessory equipment shall
be made architecturally and aesthetically compatible with the surrounding
area through the use of coatings, landscaping, and/or screening walls
or enclosures to the satisfaction of the Village Board of Trustees.
[c]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Village.
[d]
Any graffiti on any wireless support structures
or any accessory equipment shall be removed within 30 days upon notification
by the Village at the sole expense of the owner.
[e]
Any proposed underground vault related to non-tower
WCF shall be reviewed and approved by the Village Board of Trustees.
[f]
Accessory equipment attached to the wireless support
structure shall have a minimum of eight feet of vertical clearance
above finished grade.
[5]
Relocation or removal of facilities. Within 90 days following
written notice from the Village, or such longer period as the Village
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Village, consistent with its police powers, shall
have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Village or other public improvement in the right-of-way;
[b]
The operations of the Village or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Village.
[6]
Reimbursement for ROW use. In addition to permit fees as described
in this section, every non-tower WCF in the ROW is subject to the
Village Board of Trustees' right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Village's actual ROW
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Village. The
owner of each non-tower WCF shall pay an annual fee to the Village
to compensate the Village for the Village's costs incurred in connection
with the activities described above. Such fees shall comply with the
applicable requirements of the FCC.
(3)
General and specific requirements for tower-based wireless communications
facilities.
(a)
The following regulations shall apply to all tower-based wireless
communications facilities.
[1]
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or damage any property in the Village.
[2]
Special use permit required. Tower-based WCF are permitted as a special use in certain zoning districts and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. Prior to the construction of any tower-based WCF, the WCF applicant shall first obtain a special use permit from the Village Board of Trustees pursuant to § 175-44.
[a]
Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 300 feet of the proposed facility advising of the subject matter
and date of such hearing. The WCF applicant shall provide proof of
the notification to the Village Board of Trustees.
[b]
Prior to the Board of Trustees' approval of a special
use permit authorizing the construction and installation of tower-based
WCF, it shall be incumbent upon the WCF applicant to prove to the
reasonable satisfaction of the Board that the WCF applicant cannot
adequately extend or infill its communications system by the use of
equipment such as redoes, repeaters, antennas and other similar equipment
installed on existing structures, such as utility poles or their appurtenances
and other available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no other
viable, less-intrusive alternative location exists. This condition
shall also be satisfied when the WCF applicant demonstrates that the
tower-based WCF is being proposed to densify an existing wireless
network, introduce new services or otherwise improve service capabilities.
[c]
The special use application shall be accompanied
by a propagation study or other technological reports evidencing the
need for the proposed tower or other communication facilities and
equipment, a description of the type and manufacturer of the proposed
transmission/radio equipment, the frequency range (megahertz band)
assigned to the WCF applicant, the power in watts at which the WCF
applicant transmits, and any relevant related tests conducted by the
WCF applicant in determining the need for the proposed site and installation.
[d]
The special use permit application shall also be
accompanied by documentation demonstrating that the proposed tower-based
WCF complies with all state and federal laws and regulations concerning
aviation safety.
[e]
Where the tower-based WCF is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
documentation to the Board that the owner of the property has granted
an easement or other form of land control, if necessary, for the proposed
WCF and that vehicular access will be provided to the facility.
[f]
The special use application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this chapter.
[3]
Engineer inspection. Prior to the Village Board of Trustees'
issuance of a permit authorizing construction and erection of a tower-based
WCF, a professional engineer registered or licensed in New York shall
issue to the Village Board a written certification of the proposed
WCF's ability to meet the structural standards offered by either the
Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the public hearings or at a minimum be made as a condition
attached to any approval given such that the certification be provided
prior to issuance of any building permits.
[4]
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology which may include the tower portion
to be painted a color approved by the Board or have a galvanized finish,
where reasonably necessary. All tower-based WCF and accessory equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible.
[5]
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building. The
Board may deny an application to construct a new tower-based WCF if
the WCF applicant has not made a good faith effort to mount the commercial
communications antenna(s) on an existing structure. The WCF applicant
shall demonstrate that it contacted the owners of appropriate, reasonably
possible co-location candidates in or near the search ring, sought
permission to install an antenna on those structures, buildings, and
towers and was denied for one of the following reasons:
[a]
The proposed antenna and accessory equipment would
exceed the structural capacity of the existing building, structure
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[b]
The proposed antenna and accessory equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
[c]
Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[d]
A commercially reasonable agreement could not be
reached with the owner of such building, structure, or tower.
[6]
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF which increases the
overall height of such WCF shall first obtain a building permit from
the Village Building Inspector. To the extent permissible under law,
nonroutine modifications shall be prohibited without a building permit.
[7]
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists in the applicable area and that the type of WCF being proposed
is the least intrusive means by which to fill that gap in wireless
coverage. The existence or nonexistence of a gap in wireless coverage
or capacity shall be a precondition to the Village's decision on an
application for a tower-based WCF. This condition shall also be satisfied
when the WCF applicant demonstrates that the tower-based WCF is being
proposed to densify an existing wireless network, introduce new services
or otherwise improve service capabilities.
[8]
Additional antennas. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Village with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCF where technically and economically feasible. To the
extent permissible under state and federal law, the owner of a tower-based
WCF shall not install any additional antennas without obtaining the
prior written approval of the Village.
[9]
Wind and ice. Any tower-based WCF structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or the industry standard
applicable to the structure.
[10]
Public safety communications. No tower-based WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[11]
Maintenance. The following maintenance requirements
shall apply:
[a]
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance,
replacement or repairs.
[b]
Such maintenance shall be performed to ensure the
upkeep of the WCF in order to promote the safety and security of the
Village's residents and utilize the best available technology for
preventing failures and accidents.
[12]
Radio frequency emissions. A tower-based WCF shall
not, by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[13]
Historic buildings. No tower-based WCF may be
located within 100 feet of any property, or on a building or structure
that is listed on either the National or New York State Register of
Historic Places, or eligible to be so listed, located within an historic
district, or is included in the official historic structures list
maintained by the Village.
[14]
Signs. All tower-based WCFs shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency. The only other
signage permitted on the WCF shall be those required by the FCC, or
any other federal or state agency.
[15]
Lighting. No tower-based WCF shall be artificially
lighted, except as required by law. If lighting is required, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Village Clerk.
[16]
Noise. Tower-based WCF shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Village Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
[17]
Retention of experts. The Village may hire a qualified
consultant(s) and/or expert(s) necessary to assist the Village in
reviewing and evaluating the application for approval of a special
use permit for the tower-based WCF and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of these provisions. The WCF applicant and/or owner of the WCF shall
reimburse the Village for all costs of the Village's consultant(s)
in providing expert evaluation and consultation regarding these activities.
Such cost recovery fees shall comply with the applicable requirements
of the FCC.
[18]
Timing of approval.
[a]
Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Village Board of Trustees,
the Village Board shall notify the WCF applicant in writing of any
information that may be required to complete such application. All
applications for tower-based WCFs shall be acted upon within 150 days
of the receipt of a fully completed application for the approval of
such tower-based WCF, and the Village Board shall advise the WCF applicant
in writing of its decision. If additional information was requested
by the Village Board of Trustees to complete an application, the time
required by the WCF applicant to provide the information shall not
be counted toward the 150-day review period.
[b]
Within 90 days of receipt of a complete application
for a tower-based WCF that meets the definition of small wireless
communications facility, the Village Board of Trustees shall make
a final decision on whether to approve the application and shall notify
the WCF applicant in writing of such decision.
[19]
Nonconforming uses. Nonconforming tower-based
WCF which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location but must
otherwise comply with the terms and conditions of this section. The
co-location of antennas is permitted on nonconforming structures.
[20]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Village Building Inspector of its intent to discontinue
use and the date when the use shall be discontinued. Unused or abandoned
WCF or portions of WCF shall be removed as follows:
[a]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within 90 days of the cessation of operations
at the site unless a time extension is approved by the Village Building
Inspector.
[b]
If the WCF and/or accessory facility is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Village, the WCF and accessory facilities
and equipment may be removed by the Village Building Inspector and
the cost of removal assessed against the owner of the WCF.
[c]
Any unused portions of tower-based WCF, including
antennas, shall be removed within 90 days of the time of cessation
of operations. The Village must approve all replacements of portions
of a tower-based WCF previously removed.
[21]
Permit fees. The Village may assess appropriate
and reasonable permit fees directly related to the Village's actual
costs in reviewing and processing the application for approval of
a tower-based WCF, as well as related inspection, monitoring, and
related costs.
[22]
FCC license. Each person that owns or operates
a tower-based WCF over 40 feet in height shall submit a copy of its
current FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
[23]
Insurance. Each person that owns or operates a
tower-based WCF greater than 40 feet in height shall provide the Village
with a certificate of insurance evidencing general liability coverage
in the minimum amount of $5,000,000 per occurrence and property damage
coverage in the minimum amount of $5,000,000 per occurrence covering
the tower-based WCF. Each person that owns or operates a tower-based
WCF 40 feet or less in height shall provide the Village with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering each tower-based
WCF.
[24]
Indemnification. Each person that owns or operates
a tower-based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Village, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the tower-based WCF. Each person that owns
or operates a tower-based WCF shall defend any actions or proceedings
against the Village in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
[25]
Engineer signature. All plans and drawings for
a tower-based WCF shall contain a seal and signature of a professional
structural engineer, licensed in the State of New York.
[26]
Financial security. Prior to receipt of a zoning
permit for the construction or placement of a tower-based WCF, the
WCF applicant shall provide to the Village financial security sufficient
to guarantee the removal of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
(b)
In addition to the requirements of § 175-59B(3)(a), the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
[1]
Development regulations.
[a]
Tower-based WCF shall not be located in, or within
50 feet of, an area in which all utilities are located underground.
[c]
Tower-based WCF that meet the definition of a small
WCF are permitted outside the public rights-of-way in all zoning districts
as a special use, subject to the requirements of this chapter.
[d]
Sole use on a lot. A tower-based WCF shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum requirements of the underlying zoning district. The minimum
distance between the base of a tower-based WCF and any adjoining property
line or street right-of-way line shall equal 110% of the proposed
WCF structure's height.
[e]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[i]
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the WCF.
[ii]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the tower-based WCF and guy wires, the equipment building,
security fence, and buffer planting if the proposed WCF is greater
than 40 feet in height.
[iii]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed height of the tower-based
WCF.
[f]
For good cause shown, an applicant may seek a waiver
or variance from the foregoing development regulations or location
and development standards from the Village Board of Trustees. The
Village Board of Trustees may grant said waiver or variance following
a public hearing held on 10 days' notice by publication in the official
newspaper of the Village of Webster.
[2]
Design regulations.
[a]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact where reasonably necessary.
Application of the stealth technology utilized by the WCF applicant
shall be subject to the approval of the Village Board of Trustees.
[b]
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[c]
Any tower-based WCF over 40 feet in height shall
be equipped with an anticlimbing device, as approved by the manufacturer.
[3]
Surrounding environs.
[a]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[b]
The WCF applicant shall submit a soil report to
the Village complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/TIA-222, as amended, to document and verify the
design specifications of the foundation of the tower-based WCF, and
anchors for guy wires, if used.
[4]
Fence/screen.
[a]
A security fence having a height not to exceed
eight feet shall completely surround any tower-based WCF greater than
40 feet in height, as well as guy wires, or any building housing WCF
equipment.
[b]
A screen of evergreen trees planted eight feet
on center, each at least four feet in height, shall surround the tower-based
WCF and security fence. Existing vegetation shall be preserved to
the maximum extent possible.
[5]
Accessory equipment.
[a]
Ground-mounted accessory equipment associated or
connected with a tower-based WCF shall not be located within 50 feet
of a lot in residential use, unless the WCF applicant shows to the
satisfaction of the Village Board of Trustees that locating such accessory
equipment within 50 feet of a lot in residential use is necessary
for the provision of wireless service and that no less intrusive location
is technically feasible.
[b]
Ground-mounted accessory equipment associated,
or connected, with a tower-based WCF shall be placed underground or
screened from public view using stealth technologies, as described
above.
[c]
All accessory equipment, utility buildings and
accessory structures shall be architecturally designed to blend into
the environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
[6]
Height. Tower-based WCFs shall be designed and kept at the minimum
functional height. The maximum total height of a tower-based WCF which
is not located in the public ROW shall not exceed 125 feet, as measured
vertically from the ground level to the highest point on the structure,
including antennas and subsequent alterations. No WCF applicant shall
have the right under these regulations to erect a tower to the maximum
height specified in this section unless it proves the necessity for
such height. The WCF applicant shall demonstrate to the Village Board
of Trustees that the wireless support structure for the tower-based
WCF is the minimum height necessary for the service area.
[7]
Accessory equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
may be located on the site for each unrelated company sharing antenna
space on the tower-based wireless communications facility greater
than 40 feet.
[8]
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road grades shall closely follow
natural contours to assure minimal visual disturbance and minimize
soil erosion. Where applicable, the WCF owner shall present documentation
to the Village Board of Trustees that the property owner has granted
an easement for the proposed facility.
[9]
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be one off-street parking space.
[10]
Inspection. The Village reserves the right to
inspect the applicable lease/license area of any tower-based WCF to
ensure compliance with the Zoning Ordinance and any other provisions
found within the Village Code or state or federal law. The Village
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(c)
In addition to the requirements of § 175-59B(3)(a), the following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.
[1]
Location and development standards.
[a]
Tower-based WCF in the public ROW are prohibited
in public rights-of-way in which all utilities are located underground.
[b]
Tower-based WCF in the public ROW shall not be
located in the front yard area of any structure.
[c]
Tower-based WCF in the public ROW shall be permitted in all zoning districts, subject to the applicable requirements of § 175-59B(3).
[d]
For good cause shown, an applicant may seek a waiver
or variance from the foregoing development regulations or location
and development standards from the Village Board of Trustees. The
Village Board of Trustees may grant said waiver or variance following
a public hearing held on 10 days' notice by publication in the official
newspaper of the Village of Webster.
[2]
Time, place and manner. The Village Building Inspector shall
determine the time, place and manner of construction, maintenance,
repair and/or removal of all tower-based WCF in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Village.
[3]
Equipment location. Tower-based WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Village Board of Trustees. In addition:
[a]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, four feet of the edge of the roadway or within an easement on
a privately owned lot.
[b]
Ground-mounted accessory equipment that cannot
be placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Village Board of Trustees.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Village
Board of Trustees, subject to the approval of the utility provider.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 30 days of
notification.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Village Board of Trustees.
[4]
Design regulations.
[a]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact where reasonably necessary.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Village Board of Trustees.
[b]
Tower-based WCF in the public ROW shall not exceed
40 feet in height.
[c]
To the extent permissible under state and federal
law, any height extensions to an existing tower-based WCF shall require
prior approval of the Village Building Inspector, and shall not increase
the overall height of the tower-based WCF to more than 40 feet.
[d]
Any proposed tower-based WCF shall, to the extent
feasible, be designed structurally, electrically, and in all respects
to accommodate both the WCF applicant's antennas and comparable antennas
for future users.
[5]
Relocation or removal of facilities. Within 90 days following
written notice from the Village, or such longer period as the Village
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Village, consistent with
its police powers, shall determine that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Village or other public improvement in the right-of-way;
[b]
The operations of the Village or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Village.
[6]
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Village's right to fix annually a fair and reasonable fee to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Village's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Village. The owner of each
tower-based WCF shall pay an annual fee to the Village to compensate
the Village for the Village's costs incurred in connection with the
activities described above. Such fees shall comply with the applicable
requirements of the FCC.
[1]
Editor's Note: This local law also repealed former Subsection
B, Communications antennas, added 9-14-1995 by L.L. No. 2-1995.
Any parcel of land with an area or width less than that prescribed
for a lot in the district in which such lot is situated, if any such
parcel was under one ownership on the date of enactment of this chapter
and the owner thereof owned no adjoining land, may be used as a lot
for any purpose permitted in the district, provided that there shall
be compliance with all other regulations prescribed for the district
by this chapter.
[Amended 4-14-1980 by L.L. No. 3-1980]
The Zoning Board of Appeals may authorize the issuance of a
permit for the alteration of a single-family dwelling existing at
the time of adoption of this chapter in any district except a Residential
R-1-13.6 and a Residential R-1-9.6 District for a double-house use,
provided that:
A.
After alteration of the building, the area of the lot upon which
the building is located amounts to not less than 5,000 square feet
for each dwelling unit.
B.
No dwelling unit shall have a total floor area less than 600 square
feet used for living purposes.
C.
No living quarters are placed in a basement or in any other room
or space having less than six feet of ceiling clearance above average
outside ground level.
D.
There is not exterior alteration of the building except as may be
necessary for safety and for improved access to the building.
Every dwelling hereafter built, erected or altered shall have
a clear and unobstructed frontage upon a street.
In any district, except upon approval of the Board of Appeals granted in accordance with Article XV, no person shall strip, excavate or remove topsoil for sale or for use other than on the premises from which the same shall be taken; and, except in industrial districts, no excavation of land shall be permitted which will result in a slope of more than one-foot vertical on two feet horizontal, unless through proper use of retaining walls and fencing an equivalent safety factor to persons and property can be obtained; and no such excavation shall be permitted to cause unreasonable erosion gullies and soil loss.
A.
In the case of a corner lot, each yard abutting a street shall have
a minimum depth equal to the front yard depth of the adjacent lot
on the same street or the front yard depth required in the district
in which such adjacent lot is located, whichever is the lesser and,
if in a residential district, shall be unoccupied except for fences
and/or other decorative or landscaping use.
B.
Each other yard of such corner lot shall have a minimum width of
the site yard which it adjoins or the side yard width of the district
in which such adjoining side yard is located, whichever is the lesser,
and, if such corner lot is in a residential district, shall be unoccupied
adjacent to the boundary of the adjoining yard to such minimum width
except for fences and/or decorative or landscaping use.
[Amended 6-23-2005 by L.L. No. 4-2005]
A.
B.
No fence will be permitted in the front yard without Zoning Board
of Appeals approval.
C.
Fences in excess of four feet in height shall be erected a minimum
of 20 feet from the front setback limit of the property.
D.
Fences in the rear and side setbacks shall be a maximum of six feet
in height.
E.
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.
F.
No barbed wire, razor wire or similar type fences, or electric fences or fencing shall be permitted in any residential lot within the Village of Webster. A temporary fence as defined in Subsection I shall not be used as a permanent fence.
[Amended 6-1-2015 by L.L.
No. 1-2015]
G.
Fences on elevated decks around swimming pools shall be no higher
than four feet.
H.
All fences shall be maintained in a safe and structurally sound condition.
Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or protective covering
or treatment. In the event of a violation to maintain the fence in
a safe and structurally sound condition, written notice shall be sent
to the property owner.
I.
A temporary fence is defined as fencing of a temporary nature such
as a snow fence, construction fence, special event fence, or any other
type of temporary fencing used as a barrier to protect construction,
to prevent public access or is installed in the interest of public
safety for an event.
[Added 6-1-2015 by L.L.
No. 1-2015]
(1)
Construction and event fencing shall be allowed only during the length
of the project or event. A snow fence shall be allowed from October
1 to April 1 of any year.
(2)
All temporary fences shall be adequately maintained and be structurally
sound. No temporary fence shall be placed in the public right-of-way
without permission from the Superintendant of Public Works.
Private swimming pools shall be permitted upon recognition that
the following requirements have been fulfilled:
A.
Any wading pool, play pool or ornamental pool less than 24 inches
in depth may be used subject to the following restrictions:
B.
Pools 24 or more inches deep may be constructed on application to
the Building Inspector, in compliance with all setback restrictions
for structures.
(1)
[1]Fences and or barriers shall be constructed as required
in the New York State Uniform Fire Prevention and Building Code.
[Added 6-9-1994 by L.L. No. 2-1994; amended 12-11-2014 by L.L. No. 2-2014]
(2)
The fencing or barrier provisions of this chapter shall apply to
existing pools as well as to those installed hereafter.
[Amended 12-11-2014 by L.L. No. 2-2014]
(3)
All illumination shall be so directed as to cast no direct light
upon adjoining properties. No overhead electrical wires shall be permitted
within 15 feet of the pool enclosure.
(4)
No wastewater from a swimming pool shall be discharged into a public
sanitary system or permitted to flow in or on a neighboring property
or street.
(5)
Upon the abandonment of any private swimming pool, the surface of
the yard shall be returned to its original grade and its former condition.
(6)
Swimming pools shall not be permitted in front yards.
(7)
A pool wave alarm shall be required in accordance with the provisions
of the New York Stake Uniform Fire Prevention and Building Code.
[Added 12-11-2014 by L.L.
No. 2-2014]
[Added 6-8-2000 by L.L. No. 4-2000]
All structures shall be maintained in a structurally safe and
sound condition, in compliance with fire, electrical and building
codes then in effect. Any structure that is unusable for its intended
purpose on the date of enactment of this amendment, or which thereafter
becomes unusable for its intended purpose due to fire, other casualty
or deterioration, shall be restored to a usable condition in compliance
with fire, electrical and building codes then in effect. In the case
of structures damaged by fire or other casualty, the restoration shall
be completed within 90 days after the casualty. In the case of structures
that are unusable on the date of the adoption of this amendment or
structures becoming unusable due to deterioration, the restoration
shall be completed within 90 days after notice from the Code Enforcement
Officer. Any approval or permit issued in connection with such restoration
shall recite that the restoration is to be completed within that ninety-day
period. The recipient of any such approval or permit may apply to
the Board or official who issued it for an extension of six months
in which to complete the restoration.
[Added 6-8-2000 by L.L. No. 4-2000; amended 6-23-2005 by L.L. No.
4-2005]
A.
Any application for demolition of any building shall be immediately
referred to the Historical Preservation Commission, which may submit
such report and recommendations as it deems proper for consideration
of the Zoning Board of Appeals in its determination of whether the
building is of significant historical value.
B.
Demolition may be permitted only after submission and approval of
plans for the site, including Zoning Board of Appeals approval for
new construction, if any. The Zoning Board of Appeals shall require
a timetable for the proposed project and may require guaranties for
the proposed project and may require guaranties secured by performance
bonds for demolition and completion of the project. In no case shall
the time between demolition and the commencement of new construction
exceed six months.
(1)
No structure may be demolished unless the Zoning Board of Appeals
finds either:
(a)
The structure is not of significant historical value; or
(b)
Where the structure is of significant historical value, the
structure is deteriorating and that the owner has demonstrated that
he cannot economically afford to preserve the structure; has sought
financial assistance under established programs for historic preservation
and failed to obtain sufficient assistance to enable him economically
to preserve the structure; and has offered to sell the parcel upon
which the structure is located and has been unable to find a purchaser
at the fair market value who would agree to preserve the structure
on the parcel. If the Zoning Board of Appeals finds that the structure
should be preserved it may, notwithstanding the demonstration made
by the owner, withhold approval of demolition for a period not exceeding
one year from the date of the application for a demolition permit.
If, during that period, the owner, the Zoning Board of Appeals or
other interested parties are able to obtain sufficient financial assistance
to preserve the structure or a purchaser at the fair market value
who will agree to preserve the structure on the parcel, the Zoning
Board of Appeals shall deny a permit to demolish the structure. For
purposes of this subsection, "economically afford" means, in the case
of a single-family or two-family owner-occupied house, an inability
to preserve the structure without financial hardship; in the case
of rental or commercial property, an inability to earn a reasonable
return on the property if the structure is preserved; in the case
of property owned and used by a nonprofit organization, an inability
to preserve the structure without financial hardship. Preservation
of a structure includes such additions or other alterations as may
exist.
(2)
Moving of structures or buildings may be permitted as an alternative
to demolition.
