This chapter shall be known as the "1976 Zoning Local Law of
the Village of Webster, New York."
In the interpretation of this chapter, the following rules shall
apply:
A.
Words used in the present tense shall include future tense.
B.
The singular includes the plural.
C.
The word "person" includes a corporation as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
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 6-9-1994 by L.L. No. 2-1994]
F.
The word "shall" is mandatory; "may" is permissive.
[Added 6-9-1994 by L.L. No. 2-1994]
As used in this chapter, the following terms shall have the
meanings indicated:
A building the use of which is customarily incidental to
that of the main building and which is located on the same lot as
that occupied by the main building.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 8-8-2019 by L.L.
No. 1-2019]
A use, not otherwise contrary to law, customarily incidental
to the use of a building for dwelling purposes and including:
The office or studio of a physician or surgeon, dentist, artist,
musician, lawyer, architect, teacher or other like professional persons
residing on the premises. There shall be no more than four paid employees
or assistants. This "accessory use" shall not apply to Residential
R-1-13.6 and Residential R-1-9.6 Districts.
[Amended 4-14-1980 by L.L. No. 3-1980]
Home workshops which do not constitute a nuisance by reason
of smoke, odor, vibration, dust or noise. There shall be no paid employees
or assistants.
Customary home occupations such as millinery and dressmaking
conducted by a person residing on the premises, with no paid employees
or assistants. The foregoing does not include tailor shops, barbershops
or hairdressing shops. This "accessory use" shall not apply to Residential
R-1-13.6 and Residential R-1-9.6 Districts.
[Amended 4-14-1980 by L.L. No. 3-1980]
An "accessory use" may be conducted in the main building or in an accessory building, but in the case of uses provided for in Subsection A(1) and (3) above, such use shall not occupy a floor area greater than 300 square feet. There shall be no commercial display visible from the street or advertising, except for a small professional nameplate or announcement sign not larger than two square feet in area.
[Amended 1-9-1989 by L.L. No. 1-1989]
Any change in supporting members of a building, except such
change as may be required for its safety; any addition to a building;
any change in use from one district classification to another; or
removal of a building from one location to another.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of personal wireless
service and any commingled information services. For purposes of this
definition, the term "antenna" does not include an unintentional radiator,
mobile station, or device authorized under 47 CFR Part 15.
[Added 8-8-2019 by L.L.
No. 1-2019]
A room or suite of two or more rooms designed or used solely
as a residence in a building not used as a hotel, rooming house or
boardinghouse or for other transient occupancy. The terms "apartment"
and "apartment building" shall not be deemed to include a hotel, motel,
automobile court, bed-and-breakfast, tourist home, furnished rooming
house, dormitory, boarding home, convalescent home, rest home, nursing
home or other accommodation used for transient occupancy.
[Added 10-11-2012 by L.L. No. 5-2012]
Any structure divided into four or more individual apartments
which share common entry, internal circulation or parking facilities,
and the totality of said structure is contained within a single parcel
with a single tax account identification number.
[Added 10-11-2012 by L.L. No. 5-2012]
More than one apartment building, each divided into three
or more apartments, designed or used solely for residential purposes
detached and grouped together on a single parcel.
[Added 10-11-2012 by L.L. No. 5-2012]
A multifamily dwelling or a building consisting of more than
two apartments.
A prominent or significant part or element of a building,
structure or site. Architectural features include, but are not limited
to, the following:
[Added 10-11-2012 by L.L. No. 5-2012]
ARCADEPassage or walkway covered over by a succession of arches or vaults supported by columns.
AWNINGA movable ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the facade of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics. An awning shall not be considered a "building overhang" (see below). Also referred to as a "canopy."[1]
CORNICEThe uppermost section of moldings along the top of a wall or just below a roof.
FASCIAAny horizontal surface which spans across the top of columns or across the top of a wall. Specifically, used to describe the horizontal "fascia board" which caps the end of rafters outside a building.
PROJECTIONA vertical or horizontal break in a building facade which moves the wall surface outward.
RECESSA vertical or horizontal break in a building facade which moves the wall surface inward
The minimum first-floor area used for living purposes shall
be the horizontal area of a building measured at the ground level
along the exterior foundation walls, excluding accessory buildings,
open porches, terraces, steps and garages, whether attached or unattached.
A building or structure where groups or individuals voluntarily
meet to pursue their common social, educational, religious, recreational,
or other interests, but not including an association or group organized
to render, purchase or otherwise make use of a service customarily
carried on as a commercial enterprise. For the purposes of this definition,
assembly uses do not include temporary festivals, animal shows and
similar outdoor events, or conference centers/convention centers.
[Added 10-11-2012 by L.L. No. 5-2012]
An area of open land with accessory buildings, used for the
display, sale or rental of new or used automobiles and where no repair
work is done.
[Added 10-11-2012 by L.L. No.
5-2012]
General definition. Uses that provide direct services to motor
vehicles where the driver or passengers generally wait in the car
or nearby while the service is performed. Incidental uses may include
auto repair and tire sales.
Examples. This classification includes the following types of
specific uses:
CAR WASHAny building, land or other premises, the principal use and primary revenue generating activity of which is the washing, waxing or cleaning (detailing) of automobiles or similar light vehicles. The retail dispensing or sales of vehicular fuels and convenience retail are permitted as accessory uses.
QUICK LUBRICATION SERVICESAny building used for minor servicing and repair of automobiles and light trucks, with an emphasis on the sale and installation of lubricants. Body and fender work or repair of heavy trucks or vehicles and retail dispensing or sales of vehicular fuels are excluded from this use classification.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food, light fare or snacks shall not
entitle such a use to be considered a restaurant under other provisions
of this chapter. Also, the periodic provision of musical, theatrical
or other forms of live or prerecorded entertainment shall not entitle
such a use to be considered a theatre or cultural use facility under
other provisions of this chapter. Synonyms include "pub" or "tavern."
[Added 10-11-2012 by L.L. No. 5-2012]
A private residence in which no more than five rooms are
set aside for overnight guests whose paid accommodations include breakfast.
The operator shall live on the premises or in adjacent premises.
[Added 8-23-2001 by L.L. 3-2001; amended 10-11-2012 by L.L. No. 5-2012]
An earthen construct designed to provide visual interest,
screen undesirable views and/or decrease noise.
[Added 10-11-2012 by L.L. No. 5-2012]
The length of a street between two street intersections.
[Amended 10-11-2012 by L.L. No. 5-2012]
The front, rear and side lines enclosing a lot or parcel
of land as described in the owner's deed or as shown on the Village
of Webster Tax Map or other authentic map if there is sufficient deed
description.
[Amended 10-11-2012 by L.L. No. 5-2012]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
The primary location from which patrons, tenants, visitors
and the general public may enter or exit the building. Utility and
loading doors shall not be constituted as principal entrances unless
they serve a dual purpose as such.
[Added 10-11-2012 by L.L. No. 5-2012]
Any entry point with restricted access and not utilized as
a primary means to access habitable or leasable space within a building.
[Added 10-11-2012 by L.L. No. 5-2012]
An entrance utilized by multiple building tenants or occupants
to access common areas and internal corridors within the building.
[Added 10-11-2012 by L.L. No. 5-2012]
Any building frontage:
[Added 10-11-2012 by L.L. No. 5-2012]
All other building frontages not defined as a primary building
facade.
[Added 10-11-2012 by L.L. No. 5-2012]
That part of a building, either partially exposed or completely
subterranean, which supports the structure and connects the above
structure with the land below.
[Added 10-11-2012 by L.L. No. 5-2012]
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking areas; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
[Added 10-11-2012 by L.L. No. 5-2012]
Glass windows that provide transparency into the building
or structure.
[Added 10-11-2012 by L.L. No. 5-2012]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
[Amended 10-11-2012 by L.L. No. 5-2012]
A permanent component of the building facade which extends
beyond the plane of the building, typically to provide shelter for
entrances, dining areas, or windows. A building overhang differs from
an awning (defined herein), in that overhangs are typically clad in
solid surface materials.
[Added 10-11-2012 by L.L. No. 5-2012]
Multistory buildings which include both residential and commercial
uses, integrated in a compatible fashion, generally with residential
uses located on upper stories.
[Added 10-11-2012 by L.L. No. 5-2012]
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile,
retail or manufacturing purposes where merchandise is on display and
offered for sale. Offices used for a professional business, in part
or in whole, will be classed as an office building.
[Added 10-11-2012 by L.L. No. 5-2012]
Any building in which is conducted the main or principal
use of the lot on which such building is located.
[Added 10-11-2012 by L.L. No. 5-2012]
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes not used for enterprise.
[Added 10-11-2012 by L.L. No. 5-2012]
An establishment where one conducts an occupation, trade
or profession.
[Added 8-23-2001 by L.L. No. 3-2001]
An establishment which by design of physical facilities or
by packaging procedures permits or encourages the purchase of prepared,
ready-to-eat foods intended to be consumed off premises and where
the consumption of foods in motor vehicles on premises is neither
permitted nor encouraged.
[Added 8-23-2001 by L.L. No. 3-2001]
A building to house a club or social organization not conducted
for private profit and which is not an adjunct to or operated by or
in connection with a public tavern, cafe or other public place.
The mounting or installing of a WCF on a preexisting structure,
and/or modifying a structure for the purpose of mounting or installing
a WCF on that structure.
[Added 8-8-2019 by L.L.
No. 1-2019]
A property subdivided into individual units for occupancy
as single-family dwellings, in which each unit owner holds fee simple
title to the individual unit, retains an individual interest as a
tenant in common in common facilities and common areas of the building
and grounds which are used by all the unit owners and in which an
agreement exists among the unit owners regulating the administration
and maintenance of the property. Condominiums are governed under Article
9-B of the Real Property Law, also known as the "Condominium Act."
[Added 11-23-1981 by L.L. No. 3-1981]
Any building, room or area designed or utilized primarily
for the presentation to the general public of live theater, dance
performances, musical concerts, cinema, lectures, exhibits of various
art forms or exhibits of cultural, historic, academic or scientific
material.
[Added 10-11-2012 by L.L. No. 5-2012]
A facility duly permitted by the New York State Department
of Social Welfare providing or designed to provide daycare for five
or more persons on a regularly scheduled basis. Also see § 390
of the Social Services Law of the State of New York.
[Added 10-11-2012 by L.L. No. 5-2012]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 8-8-2019 by L.L.
No. 1-2019]
The keeping of more than two dogs that are more than six
months old.
A use or portion of a use which by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product via a motor vehicle which
may be consumed or used on or off the premises. Such drive-through
facilities include, but are not limited to, banking teller windows,
automatic teller machines, restaurant order and pickup windows, and
other pickup, delivery or transaction services deemed inclusive by
the Zoning Board of Appeals. "Drive-through," "drive-in," or "drive-up"
shall be considered synonymous terms.
On residential properties, a graveled or paved area from
the street to a garage, or to an area on which a conforming garage
could be built, no more than 12 feet wide on properties where there
is no garage, or 12 feet wide for each garage stall up to a total
of 36 feet. A residence with a single stall garage may have an additional
apron of 12 feet by 36 feet to facilitate two-car parking.
[Added 5-13-1999 by L.L. No. 3-1999]
An establishment used to collect and distribute articles
or goods of fabric to be subjected to the process of dry cleaning,
dyeing or stain removal, at an off-site dry cleaning facility location.
[Added 10-11-2012 by L.L. No. 5-2012]
A residence designed for or occupied by three or more families,
with separate housekeeping and cooking facilities for each. Apartment
houses are considered to be multiple-family dwellings.
A building designated or used exclusively as the living quarters
for one or more families.
A detached residence designed for or occupied by one family
only.
A residence designed for or occupied by two families only,
with separate housekeeping and cooking facilities for each.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 8-8-2019 by L.L.
No. 1-2019]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 8-8-2019 by L.L.
No. 1-2019]
That exterior wall and roof of a building facing the front
line of the lot.
[Added 8-23-2001 by L.L. No. 3-2001]
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[3]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A temporary or permanent accessory structure, wagon or trailer,
not exceeding 240 square feet in size, for the purpose of retail sale
of produce, baked goods, and other farm products to the public.
[Added 10-11-2012 by L.L. No. 5-2012]
A public market at which multiple farmers and often other
vendors sell produce directly to public consumers.
[Added 10-11-2012 by L.L. No. 5-2012]
Federal Communications Commission.
[Added 8-8-2019 by L.L.
No. 1-2019]
Anything other than living plants, trees or shrubs designed
to or which in fact does divide, enclose or screen a parcel of land
or portion thereof and which does not support any roof structure or
enclose any covered living space.
[Added 6-23-2005 by L.L. No. 4-2005]
A building or premises, or portion thereof, used for the
retail sale of fuel for motor vehicles.
[Amended 10-11-2012 by L.L. No. 5-2012[4]]
An establishment with facilities for the preparation of the
deceased for burial or cremation, for the viewing of the body and
for the observances held for the deceased as an incident to burial
or cremation.
[Added 10-11-2012 by L.L. No. 5-2012]
A garage having a wall or a portion thereof common to a principal
building.
[Added 1-9-1989 by L.L. No. 1-1989[5]]
Any building, structure or lot which is used for the repair,
maintenance or equipping of automobiles.
[Added 6-9-1994 by L.L. No. 2-1994]
A building or enclosed space not available to the public
that is used for the storage of automobiles, provided that no business,
occupation or service is conducted for profit therein. Storage space
is to be provided primarily for the residents on the premises. However,
space may be rented for not more than two vehicles of other than the
occupants of the building to which such garage is accessory.
Any building or enclosed space available to the public for
the storage, repair, rental, greasing, washing and servicing of motor
vehicles.
A building, structure or tract of land used for the storage
and sale of gasoline, motor fuels, lubricants, accessories, supplies
and any other materials related to the maintenance or equipment of
automobiles or in which repairs, adjustments, maintenance or equipping
of automobiles is conducted. The term shall include, without limitation,
the rendering of the following services: fueling, changing oil, water,
batteries or tires; replacing fan belts, air filters or oil filters;
installing windshield wiper blades or light bulbs. The term shall
not include any such establishment which renders such services or
stores such materials for a single commercial or industrial establishment
rather than offering such services and materials to the public.
[Added 6-9-1994 by L.L. No. 2-1994]
Establishments or places of business primarily engaged in
retail sales from the premises, including trees, shrubs, seeds, fertilizers,
pesticides, plants and plant materials. Such establishments typically
sell products purchased from others, but may sell material which they
grow themselves. Also referred to as a "garden center" or "commercial
nursery."
[Added 10-11-2012 by L.L. No. 5-2012[6]]
A structure, primarily of glass, in which temperature and
humidity can be controlled for the cultivation or protection of plants,
fruits or vegetables which is accessory to the main use of the property.
Personal greenhouses are not to exceed 6,000 square feet in area,
or 15% of the parcel, whichever is lesser.
[Added 10-11-2012 by L.L. No. 5-2012]
An establishment engaged in the growing of trees, shrubs,
seeds, fertilizers, pesticides, plants and plant materials for the
sole purpose of offering for wholesale purchase. A wholesale greenhouse
is considered an agricultural operation, not offering direct-to-consumer
sales.
[Added 10-11-2012 by L.L. No. 5-2012]
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length, width and
number of stories of the facility.
[Added 10-11-2012 by L.L. No. 5-2012]
The gross size of the floor area of a commercial/retail facility
which is leased.
[Added 10-11-2012 by L.L. No. 5-2012]
A facility providing medical care, treatment and minor surgical
procedures for non-life-threatening injuries. Such facilities typically
operate for extended hours throughout the day and are utilized as
an alternative to traditional emergency departments at hospitals.
These facilities are not coincident with primary medical care providers
and are not considered medical offices.
[Added 10-11-2012 by L.L. No. 5-2012]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances but excluding
any lightning rod.
[Added 8-8-2019 by L.L.
No. 1-2019]
Any use customarily conducted entirely within a dwelling,
provided that such use is carried on solely by the residents of the
dwelling and is clearly incidental and secondary to the use of the
dwelling for dwelling purposes, with no paid employees or assistants.
A building used for the diagnosis, treatment or other care
of human ailments, which term includes a sanatorium, clinic, rest
home, nursing home and convalescent home.
A building used primarily to provide sleeping accommodations
for the transient public in which more than six rooms are available
for hire.
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including
but not limited to concrete, oil and stone, tar or asphalt pavement,
or compacted gravel. Regardless of the construction materials, any
area which is used for driveway or parking purposes, including disturbed
grass, ground cover or dirt shall be considered impermeable.
[Added 10-11-2012 by L.L. No. 5-2012]
The ratio between impermeable surface and total land area
of a lot expressed as the percentage of land covered by impermeable
surfaces.
[Added 10-11-2012 by L.L. No. 5-2012]
A commercial facility for the housing and feeding of transients,
containing more than four rooms and less than 15 rooms. The facility
may have accessory uses such as a restaurant or a bar.
[Added 10-11-2012 by L.L. No. 5-2012]
A lot or part thereof, whether inside or outside a building,
used primarily for the collecting, storing and sale of wastepaper,
rags, scrap metal or discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
[Added 10-11-2012 by L.L. No. 5-2012]
A business that cleans clothing or which is equipped with
individual clothes washing and drying and/or cleaning machines for
the principal use of retail customers. Use may or may not include
a dry cleaning outlet.
[Added 10-11-2012 by L.L. No. 5-2012]
An off-street space not less than 12 feet in width and 33
feet in length, adjacent to a building and accessible from the street,
for the purpose of loading and unloading trucks.
A parcel of land occupied by, or which may be occupied by,
a building and accessory building, and including the yards and other
open spaces required by this chapter or the land shown as a separate
lot or parcel on the records of Monroe County. Any portion of a lot
which is within the street right-of-way shall be excluded from any
determination of density, lot area or setback requirements of this
chapter. The street right-of-way lines shall be considered the boundary
of the lot in determining density, lot area or setback requirements.
[Amended 3-22-1982 by L.L. No. 2-1982]
A lot fronting on two streets at their intersection.
The aggregate area of the lot covered by principal buildings
plus each accessory building.
The mean horizontal distance from the front lot line to the
rear lot line, measured in the general direction of the side lot lines.
The lot's mean width measured at right angles to its depth.
A development or redevelopment that allows for the vertical
and horizontal integration of a diverse range of complementary uses
in a single structure or lot, including but not limited to residential,
commercial and industry uses. A typical mixed-use structure would
have commercial retail or office uses on the first floor, and commercial
office or residential uses on the upper floors.
[Added 10-11-2012 by L.L. No. 5-2012]
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 8-8-2019 by L.L.
No. 1-2019]
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 8-8-2019 by L.L.
No. 1-2019]
A building or group of buildings not more than two stories
in height having direct convenient access to a main traveled road,
intended or designed to provide a series of sleeping units for the
accommodation of transients. Each sleeping unit will consist of a
minimum of a bedroom and a bathroom, and convenient access to a parking
space for each unit's occupants will be provided.
Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music shall not be considered as a form of entertainment for the purposes of this definition. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater. Nightclubs are subject to the regulations found in Chapter 85.
[Added 10-11-2012 by L.L. No. 5-2012[7]]
Wireless communications facilities located or co-located
on existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles and other similar structures that
do not require the installation of a new tower. This term includes
the replacement of an existing structure with a similar structure
that is required to support the weight of the proposed WCF.
[Added 8-8-2019 by L.L.
No. 1-2019]
Any use which is continuously or regularly offensive or injurious
by reason of the emission of excessive amounts of dust, smoke, refuse
matter, odor, gas, fumes, noise or vibration.
[Added 10-11-2012 by L.L. No. 5-2012]
A porch open on three sides except for wire screening. A
porch shall not be considered "open" if enclosed by either permanent
or detachable glass sash.
An arrangement that utilizes parking lot medians to break
up the massing of parking lots into smaller components with a predetermined
maximum number of parking spaces each. The maximum number of parking
spaces in a parking room may vary between zoning districts.
[Added 10-11-2012 by L.L. No. 5-2012]
A legally binding agreement between two or more property
owners to provide for the shared utilization of an aggregate number
of parking spaces that collectively meets the parking needs of each
party.
[Added 10-11-2012 by L.L. No. 5-2012]
An area for the temporary parking of a motor vehicle, capable
of containing a rectangle 10 feet wide and 20 feet long and clear
to a height of seven feet, together with access aisles for maneuvering
and passage to and from the public street. The minimum width of the
aisle, whether serving spaces on one or both sides, shall be 24 feet.
Such parking spaces and such access aisles shall be surfaced with
concrete, asphalt, crushed stone or gravel and shall in no instance
be on bare earth or grass areas.
An improved pathway at least five feet in width devoid of
obstructions or hazards and intended for use by pedestrians to commute
between destinations, including but not limited to buildings, structures,
parks and open spaces, parking areas, the sidewalk system or other
walkways.
[Added 10-11-2012 by L.L. No. 5-2012]
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the State of New York, provided that "person" does not include or
apply to the Village, or to any department or agency of the Village.
[Added 8-8-2019 by L.L.
No. 1-2019]
An establishment primarily engaged in providing services
involving the care of a person or his or her apparel, such as a barbershop
or beauty parlor, shoe repair, dry cleaning, tailoring or dressmaking,
optician, health club, clothing, rental shop, photographic studio
and other similar services.
[Added 6-9-1994 by L.L. No. 2-1994]
A building in which is conducted the main or principal use
of the lot on which said building is located.
An establishment primarily engaged in providing professional
services which are licensed by either the federal government, state
government, or professional society such as doctors, dentists, lawyers,
accountants, engineers, architects and other similar services. Electricians
and plumbers are excluded from this definition.
[Added 8-23-2001 by L.L. No. 3-2001]
A multiple residence within which there is nursing care,
supervisory care and medical care and treatment of the aged and infirm.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
[Added 10-11-2012 by L.L. No. 5-2012]
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys and parks, as well
as the interior and areas surrounding public buildings.
[Added 10-11-2012 by L.L. No. 5-2012]
Structures or improvements open to the general public and
intended to strengthen the urban fabric and enhance the pedestrian
experience, such as but not limited to sidewalks, landscaped open
spaces, public seating, public art, gathering spaces and crossing
aids.
[Added 10-11-2012 by L.L. No. 5-2012]
Includes facilities for activities, such as bowling, movies, theatres, pool halls and physical fitness facilities, but does not include those activities included under § 93-5 of this Code.
[Added 8-23-2001 by L.L. No. 3-2001]
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities. Business primarily devoted to the amusement of the general
public such as golf courses and driving ranges, bowling alleys, indoor
amusement arcades and health clubs. Incidental food service is also
included.
[Added 10-11-2012 by L.L. No. 5-2012]
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 8-8-2019 by L.L.
No. 1-2019]
See "dwelling."
Those uses which are intended and designed to provide one
or more dwellings.
[Added 10-11-2012 by L.L. No. 5-2012]
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
[Added 10-11-2012 by L.L. No. 5-2012]
A specific type of restaurant characterized both by its cuisine
and minimal table service. Food is offered from a limited menu; is
cooked in bulk in advance and kept hot; is finished and packaged to
order; and is usually available ready to take away. Typically, these
establishments also include a drive-through facility.
[Added 10-11-2012 by L.L. No. 5-2012]
Small commercial establishments, less than 3,000 square feet
in gross building area, catering primarily to residents of nearby
areas, providing frequently needed retail goods and personal services,
which may include ready-to-order and prepared foods, such as but not
limited to sandwiches, pizza, and beverages. The sale or dispensing
of petroleum-based fuels and lubricants for motor vehicles shall be
limited to two pump islands. May include the sale of prefilled propane
fuel tanks 40 pounds and smaller, yet does not include the refilling
of any sized propane tank. See "automotive service, limited" for motor
vehicle refueling stations.
[Added 10-11-2012 by L.L. No. 5-2012[8]]
Small retail establishment not to exceed 8,000 square feet
in gross building area, specializing in the sale of articles such
as food products, over-the-counter or prescription drugs, tobacco
products, magazines, candy, beverages and similar convenience items.
The sale of petroleum-based products shall be limited to over-the-counter
goods prepackaged by unit for retail sale, and shall exclude the dispensing
of bulk petroleum-based products. Neighborhood markets differ from
small retail by the volume of vehicular traffic generated, typically
exceeding 750 vehicle trips per day.
[Added 10-11-2012 by L.L. No. 5-2012]
Any building or structure larger than 8,000 square feet in
gross building area in which one or more articles of merchandise,
commerce or services are provided, including but not limited to department
stores, furniture stores, appliance sales, home goods, food markets,
clothing and accessory stores, and pharmacies. Such uses may include
an individual business, a building with multiple businesses, or a
parcel with multiple retail buildings.
[Added 10-11-2012 by L.L. No. 5-2012]
Any building or structure less than 8,000 square feet in
gross building area in which a limited range of merchandise or services
are provided for sale, including but not limited to salons, clothing
and accessory stores, banks, insurance sales, small-scale grocery
or nutritional goods stores, or proprietary goods manufactured or
assembled on-site. Small retail generates the lowest level of traffic
compared to other retail operations, typically below 750 vehicle trips
per day.
[Added 10-11-2012 by L.L. No. 5-2012]
NY Route 404, NY Route 104, and NY Route 250.
[Added 10-11-2012 by L.L. No. 5-2012]
All roads not defined as primary roads.
[Added 10-11-2012 by L.L. No. 5-2012]
The exterior covering on the uppermost part of a building,
with the primary purpose to protect the building and its contents
from the effects of weather. The following additional definitions
also apply:
[Added 10-11-2012 by L.L. No. 5-2012]
ROOF EAVEThe extension of the roof beyond the structural building wall.
ROOF, FALSEA structure utilized to screen the appearance of rooftop mechanical equipment, having the appearance of a roof structure that is integrated and appropriate to the architecture of the building.
ROOF, GABLEA roof section with a single break at the center of the roof structure which creates a triangular portion of wall below the sloping roof.
ROOF, GAMBRELA usually symmetrical two-sided roof with two slopes of either side, with the upper slope positioned at a shallow angle, and the lower slope having the steeper pitch.
ROOF, HIPA roof where all sides slope downwards to the walls, usually with a fairly gentle slope.
ROOF, MANSARDA roof with a double pitch on all four sides, the lower slope having the steeper pitch.
ROOF, SHEDA roof that slopes only in one direction, having a side wall that is higher than the other.
A school established by a nongovernmental organization supported
by private funds for the purposes of providing education.
[Added 10-11-2012 by L.L. No. 5-2012]
Any elementary or secondary school supported by public funds
and providing free education for children of a community or district.
[Added 10-11-2012 by L.L. No. 5-2012]
A method of reducing the adverse impacts associated with
noise, glare and unsightly visual intrusions with less offensive or
more harmonious elements, such as vegetation, berms, fences, walls
or any appropriate combination thereof. A screen shall be opaque and
shall obscure 100% of such views to the extent prescribed herein.
[Added 10-11-2012 by L.L. No. 5-2012]
The primary purpose of this use is the provision for the
storage of personal or commercial goods in which the owner of the
facility does not have care, custody or control of the customers'
goods. The facility is typically a one-story building with an overhead
door in the front or on all sides in some cases. It may also be multiple
stories and may or may not include climate-controlled buildings. Each
door will service a storage compartment. A site plan will be required
that provides for the ability to drive up to the building. This definition
does not include temporary portable storage units. Truck rentals are
considered to be an ancillary use that is incidental to the principal
use; however, the minimum lot size requirement must be increased to
1.5 acres.
[Added 10-11-2012 by L.L. No. 5-2012]
The creation of a built environment that is unique within
its surroundings and appropriate within the local or regional context,
and evokes a positive pedestrian or user experience.
[Added 10-11-2012 by L.L. No. 5-2012]
See "automotive service, limited."
[Added 10-11-2012 by L.L. No. 5-2012]
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed, when used out-of-doors or on the exterior of any
building, which shall display or include any letter, word, model,
banner, flag, pennant, insignia, device or representation used as,
or which is in the nature of, an announcement, direction or advertisement.
A two-sided, freestanding, ground-mounted, nonpermanent sign shaped like an inverted V(/\), of no more than 12 square feet for each side, used for business identification as provided for in § 175-54D(3) and F of the Code of the Village of Webster; or for the announcement of temporary events as provided for in § 175-54B(11), C(3), and F of the Code of the Village of Webster.
[Added 5-13-1999 by L.L. No. 2-1999; amended 9-11-2008 by L.L. No.
10-2008]
A wireless communications facility, including but not limited
to DAS and microcells, that meets each of the following conditions:
[Added 8-8-2019 by L.L.
No. 1-2019]
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Privately held space that is only accessible to the public
upon invitation or upon the granting of permission to enter the space.
[Added 10-11-2012 by L.L. No. 5-2012]
A publicly controlled space that is typically available and
open to the public.
[Added 10-11-2012 by L.L. No. 5-2012]
A privately held space that is made available to the public
for public and private use, such as parking lots, interior and exterior
circulation spaces and other common areas.
[Added 10-11-2012 by L.L. No. 5-2012]
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and therefore
is subject to special standards and conditions set forth for such
use subject to approval by the Village of Webster Zoning Board of
Appeals.
[Added 10-11-2012 by L.L. No. 5-2012]
The process through which an applicant applies for final
site plan approval for a special use. The requirements of the special
use permit process are in addition to requirements for the underlying
zoning district and all other requirements of this chapter, unless
expressly stated otherwise.
[Added 10-11-2012 by L.L. No. 5-2012]
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 8-8-2019 by L.L.
No. 1-2019]
A thoroughfare publicly or privately owned, open to general
public use and having a right-of-way width of 21 feet or more.
The right-of-way or established property line of a street
as indicated by dedication or by deed of record.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Structures include buildings, walls, fences, billboards, poster
panels and pools 24 inches deep or more. However, a child's playhouse
is not included in this definition.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
[Added 8-8-2019 by L.L.
No. 1-2019]
Any receptacle for water having a depth at any point of more than two feet, or having a surface area exceeding 250 square feet, which is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory. Private swimming pools are subject to the regulations found in § 175-66 and shall be considered a structure.
[Added 10-11-2012 by L.L. No. 5-2012]
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
[Added 10-11-2012 by L.L. No. 5-2012]
See "cultural use facility."
[Added 10-11-2012 by L.L. No. 5-2012]
A private residence in which overnight sleeping accommodations
are provided for overnight transient paying guests.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
[Added 8-8-2019 by L.L.
No. 1-2019]
Single-family dwellings attached to each other by a common
or party wall in groups of not fewer than three nor more than eight,
each located on a separate lot with no side yards except on the exterior
face of the two end units.
A structure consisting of not fewer than three nor more than
eight townhouse units.
[Added 1-9-1989 by L.L. No. 1-1989]
A dwelling unit, individually owned, which makes provision
for living and sleeping facilities for one family, which is one of
a series of three or more units, having a common party wall between
each adjacent unit, each with a private outside entrance and separate
utilities and located on a separate lot with no side yards except
on the exterior face of an end unit.
[Added 1-9-1989 by L.L. No. 1-1989]
Any plot of ground upon which two or more occupied trailer
coaches are located.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
One or more persons who pay for temporary lodging for not
to exceed a period of 15 days.
[Added 8-23-2001 by L.L. No. 3-2001]
Compliance with all of the following requirements regarding
repair of damage and/or deterioration to structures and properties:
[Added 3-9-2000 by L.L. No. 2-2000]
Roofs. Roofs shall be repaired to prevent damage to the structure.
Repairs may be accomplished by replacing the roof or by patching the
problem area. When a roof is repaired by patching, the material used
shall be similar to the existing roof in texture, size and color.
Structures. The various parts of a structure (walls, stairs,
beams, floors, ceilings, joists, rafters, etc.) shall be repaired
with material of equal or better strength to be structurally sound.
Foundations. Cracks in the foundation walls shall be repaired
with material that will adhere well and prevent further deterioration.
Plumbing. Plumbing systems, including supply systems and waste
systems, shall be in safe, sanitary working condition. All sinks,
tubs, showers and toilets shall drain properly without leaking. Hot
and cold water systems shall provide sanitary water without leaking.
Potable hot water heating systems shall be restored to a usable, safe
operating condition. All nonworking fixtures shall be repaired or
replaced.
Siding. Outside siding (wood, shingles, brick, vinyl siding,
etc.) shall be in a sound condition to protect the internal structure
from damage. Repair may be accomplished by entirely replacing the
surface of an entire wall, residing the entire structure or repairing
a damaged area. When repairing a damaged area, the material shall
be similar to the original surface material used in kind, texture,
size, shape and color. Wood surfaces shall be painted or stained to
match the original surface color.
Windows and doors. Window and door openings, which may have
been initially covered by wood or other material to protect against
additional damage, shall be made to function as they were initially
designed. Windows will have the glass replaced and all covering (plywood,
etc.) removed. All exterior doors shall be restored to a working condition
so that they will open and close securely. All temporary protective
covering (plywood, etc.) shall be removed. Door locks and handles
shall be in good working order.
Exterior stairs, porches, decks, entrance platforms, fire escapes
and railings shall be repaired to be structurally sound and shall
be painted/treated with a protective coating.
Heating systems. Heating systems, including combustion chambers,
and exhaust systems shall be restored to a safe, functional condition
to meet codes regarding safe ventilation and fire protection.
Junk/scrap material. All junk or scrap material shall be removed
from the premises.
Electrical. Electrical fixtures, devices, wiring and systems
shall be in a safe working condition to prevent potential ignition
or shock. All nonworking electrical fixtures and wiring shall be replaced.
[Added 4-13-2000 by L.L. No. 3-2000]
The general purpose for which land or a building is designed
or for which it may be occupied or used.
The placing of vehicles in an area for an indeterminate period,
but in any case longer than two weeks. No use may be made of the vehicles
during storage, nor may they be attached to utilities of any kind.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 8-8-2019 by L.L.
No. 1-2019]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. Wireless communications facilities
shall include distributed antenna systems.
[Added 8-8-2019 by L.L.
No. 1-2019]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Village-owned land or property.
[Added 8-8-2019 by L.L.
No. 1-2019]
A freestanding structure, including the replacement of an
existing structure in-kind, such as a tower-based wireless communications
facility or any other support structure that could support the placement
or installation of a wireless communications facility if approved
by the Village.
[Added 8-8-2019 by L.L.
No. 1-2019]
An open space on a lot unoccupied and unobstructed from the
ground upwards, except as otherwise permitted.
Open and unoccupied space between the building line or front
main wall of a building and the front property line. In all cases
where the front property line cannot be established, 1/2 of the width
of the street or road shall be added to the front yard requirement,
and the "front yard" shall be measured from the center of the street
or road pavement.
An open space on the same lot with a building, between the
rear wall of the building and the rear line of the lot and unoccupied
except for parking spaces, fences and accessory buildings, including,
among others, either attached or detached garages and open porches,
which in the aggregate shall occupy not more than 30% of the area.
In the case of a corner lot, the owner may designate any interior
lot line as the rear lot line.
An open unobstructed space on the same lot with a building,
between the building and the side line of the lot and extending through
from the front to the rear yard, which space shall be unoccupied from
the ground to the sky, except for driveways, parking space, fences
and landscaping, and into which there is no extension of building
parts other than eaves with an overhang of not more than two feet,
rainwater leaders, window sills and other fixtures, open steps, and
bay windows not more than 12 feet wide, at one floor level only and
for a distance not to exceed two feet.
[2]
Editor's Note: The former definition of "drive-thru," added
8-23-2001 by L.L. No. 3-2001, which immediately followed this definition,
was repealed 10-11-2012 by L.L. No. 5-2012.
