[Added 5-17-2001 by L.L. No. 1-2001;
amended 1-7-2010 by L.L. No. 1-2010]
No single-family residential building may be used or occupied as a bed-and-breakfast without compliance with all of the regulations established in this section and the issuance of a special use permit by the Planning Board as per Chapter 269 of this Code.
A.
The owner(s) of the bed-and-breakfast
must be the owner(s) of the property and must reside in and continue
to reside in the dwelling as his/her/their principal residence. The
owner will provide the following information to the Code Enforcement
Official on an annual basis commencing with the issuance of a certificate
of occupancy:
[Amended 6-17-2010 by L.L. No. 5-2010]
B.
The number of guest rooms for
transient accommodation shall not exceed three in any building having
a habitable floor area of 3,000 square feet or less. One additional
guest room may be added for each additional 600 square feet of habitable
floor area up to a maximum total number of six guest rooms, and a
maximum of 4,800 square feet of floor area. No more than the maximum
permitted number of rooms may be advertised for rent.
C.
No more than one employee shall
be permitted to work on the premises at any time, and none shall be
present between the hours of 11:00 p.m. and 6:00 a.m. Members of the
owner's immediate family who are residents on the premises shall not
be considered employees, whether or not paid.
D.
E.
No guest may be registered for
a period in excess of seven consecutive nights. The owner shall maintain
a guest register and shall preserve registration records for a minimum
of three years. The register and all records shall be made available
for inspection at any time by the Zoning Official, as referred to
and described in § 225-114 herein.[2]
[2]
Editor's Note: Original § 225-114,
Complaints, amended 8-10-1978, which immediately followed this section,
was repealed 6-17-1993.
F.
Any meals provided and any amenities
connected with the guest rooms, such as a swimming pool or tennis
court, shall be solely for the use of the owner, the owner's family
and the owner's registered guest.
G.
The bed-and-breakfast shall be
maintained and operated at all times so as to comply with all applicable
laws and ordinances of the State of New York, County of Monroe, Town
of Webster, and all rules and regulations promulgated thereunder.
H.
One sign shall be permitted identifying
the property as a bed-and-breakfast. The sign shall not exceed three
square feet in area, and shall contain no information other than identification
of the premises as the named bed-and-breakfast. The setback and other
distinguishing features shall be in accordance with terms as established
by the Planning Board during site plan review.
I.
Each bedroom occupied by a paying
guest shall be equipped with a properly installed and functioning
smoke detector. Further, a smoke detector shall be properly installed
and functioning on or near the ceiling in the room or hallway from
which each bedroom rented to paying guests exists.
J.
Each bed-and-breakfast shall
be established, maintained and operated so as to preserve and complement
the residential character and integrity of the surrounding area when
the facility is established in a residential district as provided
in the Code.
K.
No other uses are permitted while
the bed-and-breakfast special use permit is in effect. Whole house
rentals are prohibited.
L.
The Zoning Official as referred
to and described in § 225-114[3] shall be given such access to the dwelling as he or she
deems necessary from time to time for the purpose of making inspections
to ensure compliance with all federal, state and local codes, rules
and regulations, including the New York State Uniform Fire Prevention
and Building Code.[4] Such inspections may be made with or without prior notice
thereof.
M.
The Planning Board shall have
the right to impose and include other and additional conditions as
it may deem necessary to effectuate the purpose of this chapter.
N.
Any language to the contrary
not withstanding, this article shall supersede any other article or
chapter herein in regard to any building used and occupied as a bed-and-breakfast,
and the enforcement and penalty provisions of § 225-114[5] shall apply hereto.
[5]
Editor's Note: Original § 225-114,
Complaints, amended 8-10-1978, which immediately followed this section,
was repealed 6-17-1993.
O.
This section shall take effect
immediately upon the proper filings as prescribed by law.
[1]
Editor's Note: Original § 225-69,
Dwelling or garages on nonconforming lots, was repealed 7-17-1991.
[Amended 5-16-1996; 11-6-2008 by L.L. No. 4-2008]
A.
Roadside stands.
Any person in any district may erect a temporary roadside stand and
sell agricultural products produced on the premises. No products other
than homegrown fruits, vegetables, dairy products and nursery stock
may be sold by the owner. Any such stand of temporary construction
may be located outside of the right-of-way, a minimum of 25 feet from
the pavement line and shall have side setbacks equivalent to the side
yard dimensional requirement of the district in which the stand is
located. Such stand may be erected and maintained between April 1
and November 30 of any year but must be removed on or before the latter
date of the same year. There must be provided an off-street parking
area sufficient to accommodate vehicles of customers and to eliminate
traffic hazards.
B.
Farm markets.
Any farm in any district may erect and operate a farm market and sell
agricultural products, subject to the following restrictions:
(1)
Not more
than 40% of the total sales floor area shall be for the display and
sale of products produced off site and not less than 60% sale floor
area for products produced on site. These products must be produced
by the farm market owner.
(2)
The farm
market must be located on the farm and must be accessory to a residential
use. The farmer must reside on the property where the farm market
is located.
(3)
The farm
market may be operated between April 1 and November 30 of each year
and may operate only during daylight hours.
(4)
Incidental
uses shall include the sale of jams, jellies and baked items, as well
as accessory items with a demonstrable tie to agricultural products
sold. These products must be non-brand-name cottage products with
a non-brand packaging.
(5)
Subject to a special use permit being issued by the Planning Board in accordance with Chapter 269, Article IV. This special use permit shall be renewable on a yearly basis by applying to the Commissioner of Public Works or his/her division head, agent or designee. The application for renewal will include a copy of the special use permit and a certification by the owner that it is in full compliance with the requirements of this section and the conditions of said permit. The application for renewal must be submitted prior to the opening of the farm market each year. The fee for such application shall be as set forth in the Town of Webster Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
One freestanding
sign may be erected on the premises, not exceeding 16 square feet
in size, identifying the business, which sign shall not have more
than two sides; shall not exceed six feet in height; and shall not
be closer than 10 feet to any lot line or road right-of-way nor obstruct
vehicular or pedestrian visibility. One additional sign may be erected
on the building facade, not exceeding 16 square feet in size, identifying
the business.
Dumping of waste materials and other substances
is absolutely prohibited in all districts except for the purpose of
filling to establish grades, and then upon the approval of the Town
Board in accordance with the provisions of the Town of Webster Dumping
Ordinance.[1]
[1]
Editor's Note: See Ch. 147, Landfilling.
[Amended 6-17-1993]
A.
General requirements.
Off-street parking spaces shall be provided as hereinafter specified
at the time a building or structure is erected or at the time a new
use of open land or building is established. In the case of an enlargement
of any existing building, structure or use after the effective date
thereof, off-street parking spaces shall be provided as hereinafter
specified for the enlarged building, structure or use. No existing
off-street parking area shall be reduced in capacity so as to be less
than required by this chapter, or, if such parking capacity is already
less than herein required, such parking area shall not be further
reduced. In the case of a change of use which would result in a requirement
for greater parking area than is provided, the Planning Board shall
determine the number of additional spaces to be required.
B.
Dwelling.
(1)
Single-family,
single-family semidetached, townhouse or two-family dwellings. There
shall be at least three parking spaces for each dwelling unit.
(2)
Multiple-family
dwelling. There shall be at least two parking spaces for each dwelling
unit.
(3)
Tourist homes,
hotels and motels. There shall be one and one-half (1 1/2) spaces
per room or suite, plus one space per three employees on the maximum
shift, plus one space per three persons to the maximum capacity of
public meeting rooms, plus 50% of the space otherwise required for
restaurants, accessory uses, etc.
(4)
Townhouses.
There shall be three parking spaces for each unit.
(5)
Overflow
parking for townhouse and multifamily dwellings shall be at the rate
of one space per four units.
D.
Places of assembly.
(1)
Schools.
There shall be one parking space for each classroom, plus one space
for each five seats in an auditorium or room used for such purpose.
(2)
Churches,
principal or accessory auditoriums, theaters, stadiums or sports arenas.
There shall be one parking space for each five seats.
(3)
Libraries
or art galleries. There shall be one parking space for each 300 square
feet of gross floor area.
(4)
Bowling alleys.
There shall be 10 parking spaces per alley.
(5)
Restaurants.
(a)
Fast-food
types. There shall be two parking spaces for each 25 square feet of
gross floor area.
(b)
Sit-down
types. There shall be one space per three patron seats or one space
per 100 square feet of floor area, whichever is greater, plus one
space per 1.5 employees on the maximum shift.
(c)
Other
types. There shall be one parking space for each 60 square feet of
gross floor area.
(6)
Private clubs.
There shall be one parking space for every three persons to the maximum
capacity of meeting rooms.
(7)
Swimming
pools other than as accessory uses to single-family residences. There
shall be one parking space for each 25 square feet of pool area.
(8)
Mortuaries
or funeral parlors. There shall be 10 parking spaces minimum, plus
10 spaces for each parlor over one.
E.
Business or industrial
uses.
(1)
Motor vehicle
service stations or public garages.There shall be three parking spaces
for each service bay.
(2)
Food stores,
shopping centers or groups of stores covering 20,000 square feet or
more of gross floor area. There shall be two square feet of parking
area for every one square foot of gross floor area.
(3)
Other uses
first permitted in commercial district. There shall be one parking
space for each 175 square feet of gross floor area.
(4)
Manufacturing,
storage or other industrial floor area. Parking shall be provided
in such amount that no employee or visitor need park on a public street.
F.
All other uses
not above enumerated. There shall be one parking space for each 175
square feet of gross floor area.
G.
Mixed uses. Except
as otherwise provided, where a building or lot is occupied by two
or more uses having different parking requirements, the parking requirements
for each use shall be computed separately to determine the total off-street
parking requirements.
H.
Units of measurement.
(1)
Size of parking
space. The size of a parking space shall not be less than 20 feet
long and nine feet wide, exclusive of access or maneuvering area.
(2)
Traffic lanes
within parking areas shall be at least 25 feet in width.
(3)
Gross floor
area. Gross floor area shall include all areas of a building or use
occupied by any activity designed to generate traffic except those
portions of a building designed exclusively for building services.
(4)
Seats. In
places of assembly where seats can be provided, each 20 linear inches
of seating space shall be considered as one seat for the purpose of
determining off-street parking requirements.
(5)
Fractional
units. When application of the units of measurement to determine required
off-street parking spaces results in a fractional parking space of
one-half (1/2) or more, one additional parking space shall be required.
(6)
Handicapped
spaces. All handicapped parking shall meet the requirements of the
New York State Uniform Fire Prevention and Building Code.
I.
Modification
of required off-street parking spaces.
(1)
In the case
of a church and school on the same lot, the highest parking requirement
shall apply.
(2)
Where places
of assembly specified are located on the same lot with other uses,
the Planning Board may permit a reduction in the number of required
off-street parking spaces for such places of assembly.
(3)
Where feasible the Planning Board may require shared
parking between adjacent owners. The shared parking shall be protected
by permanent easements, between owners, which may not be removed without
the approval of the Planning Board.
[Added 3-18-2010 by L.L. No. 4-2010]
J.
Modification
of requirements. Whenever the strict application of the regulations
would result in parking requirements grossly in excess of the actual
requirements of the anticipated use of the property or prove to be
inadequate for the actual use, such requirements may be varied by
the Zoning Board of Appeals. In making its determination under this
section, the Zoning Board of Appeals shall consider the following:
(1)
The arrangement
of land uses or uses within buildings that may tend to make a prospective
use differ from similar uses in the actual parking requirements thereof.
(2)
The requirements
of the prospective use for storage or accessory manufacturing which
would tend to diminish the volume of traffic generated per square
foot of floor area.
(3)
Evidence
of overflow parking.
K.
Site requirements
for off-street parking.
(1)
Location
of required spaces.
(a)
General
provision. All required off-street parking spaces shall be provided
on the same or adjoining lot with the building or use they serve,
except as otherwise provided.
(b)
Group
facilities. In any commercial or industrial district, required off-street
parking spaces may be provided in group parking facilities designed
to serve two or more buildings or uses on different adjoining lots,
provided that:
(2)
All areas
counted as required off-street parking shall be unobstructed and free
of other uses except off-street loading or unloading.
(3)
In any case
where required off-street parking spaces are not provided on the same
lot with the building or use they serve, such off-street parking spaces
shall be subject to deed, lease or contract restrictions acceptable
to the Town Attorney binding the owner, his heirs or assigns to maintain
the required number of spaces available throughout the life of such
use.
L.
Parking areas
for uses not specifically enumerated herein shall be regulated with
regard to such matters as size, traffic pattern and flow, location,
curbing, lighting and drainage in accordance with sound engineering,
design and planning standards to ensure the welfare of the users thereof.
A.
Required lot
area. The lot area of any lands devoted to agricultural use or farming
shall be not less than five acres with a frontage of 250 feet at the
front setback lines.
B.
Yards. There
shall be a front setback of not less than 50 feet from the highway
line and side yards not less than 15 feet from the lot line.
C.
The owner of
a farm lot may build separate residences for his farm laborers, farmhands
or family actually engaged in working on the farm in accordance with
the foregoing provisions, but such residences may not be sold as separate
residential units on lots of less than five acres.
D.
Except as hereinabove
provided, all zoning provisions and restrictions as to single-dwelling
units of Residential District R-3 shall apply.
E.
Any farm building
not used for residential purposes may be constructed anywhere on the
land back of the setback line for the district in which it is located,
provided that it shall not be nearer to the side lines than 50 feet
nor to the rear line than 50 feet. In the event that a side line is
on an existing highway, the provisions above for front yard line will
apply.
F.
Customary agricultural
operations or farming may be conducted in all zones.
Commercial sand and gravel pits and mining and
quarrying operations shall be prohibited in the Town of Webster.
There shall be no obstruction to the view in
excess of three feet in height, as measured perpendicularly from the
street grade, on any lot in the angle formed by intersecting streets
so as to interfere with the view of traffic approaching the intersection
within the distance of 100 feet measured along the street center lines.
There shall be no commercial airports allowed
in the Town of Webster.
[Added 8-3-2006 by L.L. No. 2-2006;
amended 5-5-2022 by L.L. No. 2-2022]
A.
Fence permit
required. The Building Division shall issue a fence permit to any
applicant who has:
B.
No stockade or
other solid fence or chain-link fences are permitted in the front
setback of any residential lot. No fence in excess of four feet in
height shall be erected in the front setback of any residential lot.
C.
Fences in the
rear and side setbacks for residential uses shall conform to the following
standards:
|
Fence Height
(feet)
|
Minimum Setback from Property Line
(feet)
|
|---|---|
|
6 and under
|
0
|
|
7
|
10
|
|
8 and over
|
15
|
D.
The face side
of any fence erected in any district shall face the nearest abutting
property, and all posts or supports shall be on the inside of the
fence unless the posts or supports constitute an integral part of
the face side of the fence.
E.
No barbed-wire,
razor wire or similar type of fences, or electric fences or fencing
shall be permitted in any residential lot within the Town of Webster.
However, in conformance with the other provisions and requirements
of this chapter, barbed-wire or electric fences or fencing may be
permitted on farms and to enclose horse paddocks.
F.
In no case shall
a fence be located in a buffer area nor in any Town easements without
prior Town Board Approval and filing of a licensing agreement.
[1]
Editor's Note: Original § 225-77,
Landscaping, was repealed 6-17-1993.
[Amended 11-3-1994 by L.L. No. 2-1994]
In all districts, uses are not permitted which
exceed any of the following standards, measured at the individual
property line:
A.
Those which emit
any odor which is considered offensive.
B.
Those which emit
dust or dirt which is considered offensive.
C.
Those which emit
any smoke in excess of Ringelmann Chart No. 2.
D.
Those which emit
any noxious gases which endanger the health, comfort, safety or welfare
of any person or which have a tendency to cause injury or damage to
property, business or vegetation.
E.
Those which cause,
as a result of normal operations, a vibration which creates displacement
of three-thousandths (0.003) inch.
F.
Lighting or signs
which create glare which could impair the vision of a driver of any
other motor vehicle.
G.
Those which cause
a fire, explosion or safety hazard.
No signs shall be permitted in any district
except as authorized herein or by the provisions of the Sign Ordinance
of the Town of Webster.[1]
[1]
Editor's Note: See Ch. 178, Signs.
[Added 7-22-2010 by L.L. No. 7-2010]
A.
The following shall apply to rentals of all/any dwellings, including single-family detached dwellings, single-family semidetached dwellings, two-family dwellings, multiple-family dwelling units, or any other dwelling units as defined in § 350-3 of this chapter, in the Town of Webster, except motels, hotels, bed-and-breakfasts and recreational vehicles.
B.
No such dwelling unit shall be rented, leased or
otherwise given over to a person other than an owner thereof for rent
or other consideration for a period of less than 28 continuous days.
Transient rentals are specifically prohibited.
[1]
Editor's Note: Original § 225-80,
Mixed occupancy, was repealed 5-16-1996.
[Added 7-2-1987]
A.
Scope. This section
refers to all properties with at least 15 feet of frontage on Irondequoit
Bay or Lake Ontario.
B.
Minimum setback
from water's edge. Any principal building, parking area or accessory
structure, excluding such facilities as docks, piers, wharves and
boat ramps, that is to be developed on property that contains at least
15 feet of frontage on Irondequoit Bay or Lake Ontario shall be required
to maintain a minimum setback of 25 feet inland from the high-water's
edge in order to maintain adequate access to the shore zone. The Planning
Board, during site plan review, may establish a minimum setback of
greater than 25 feet based on due consideration by the Board of the
preservation and protection of sensitive environmental features and
the maintenance of the wooded character of the shore zone area as
well as scenic views and vistas.
C.
Accessory uses.
(1)
Signage for
any development that contains at least 15 feet of frontage on Irondequoit
Bay or Lake Ontario shall be subject to the following restrictions:
(a)
Signs
oriented towards the water shall be building-mounted, permitted for
identification purposes only, and shall not exceed 25 square feet
in surface area. Rooftop signs are expressly prohibited.
(2)
Fishing piers,
docks, wharves and boat launching ramps.
[Amended 6-17-1993]
(3)
Mooring buoys
or facilities shall be in compliance with the permit conditions, laws,
rules and regulations of the United States Army Corps of Engineers
and New York State Department of Environmental Conservation.
[Added 6-17-2010 by L.L. No. 5-2010]
A.
The intent of this regulation
is protect the health, safety and welfare of the residents of the
Town of Webster by establishing a process to identify abandoned properties
and provide a means by which the Town may remedy conditions that threaten
public health, safety and welfare.
(1)
The Code Enforcement Official
shall be responsible for investigating complaints about abandoned
properties.
(2)
Upon receipt of a complaint,
the Code Enforcement Official shall examine the site to determine
if the property meets the requirements of an abandoned property and
is a public nuisance.
B.
Order to comply. Should the Code Enforcement Official, after inspection and investigation, find that a property is an abandoned property as defined in § 350-3 of this chapter, he or she shall cause to be issued a written notification, served personally or by regular and certified mail, return receipt requested, addressed to the property owners as their names and addresses are shown upon the records of the Assessor. The notification shall declare the property to be an abandoned property and shall cite the conditions found constituting the determination. Notification shall order the property owner to abate the conditions cited. The notice shall allow the property owner a specific and reasonable period of time to comply, as determined by the Code Enforcement Official, but not to exceed 10 days. Should the Code Enforcement Official not effect personal service or not receive confirmation of the receipt of a written certified notification within 10 days of the mailing, notification shall be served in the following manner:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
By personal service of a
copy thereof upon the executors, legal representatives, agents, lessees
or any other person having a vested or continued interest in the premises
as shown by the last preceding completed assessment roll of the Town
or, if no such person can be reasonably found, by mailing to said
person by certified mail, return receipt requested, a copy of said
notice directed to his/her last known address; and
(2)
By personal service of a
copy of said notice upon any adult person occupying the premises on
which said special permit use is conducted, or, if no such person
can be reasonably found, by mailing to said occupant by certified
mail, return receipt requested, a copy of said notice directed to
the address of the premises on which the conditions constituting said
nuisance exists, or by securely affixing a copy of said notice upon
any building or structure which is located on the premises on which
the conditions constituting said nuisance exists.
C.
Compliance or appeal by the property
owner. The property owner shall, after notice as stated above, complete
all actions required to abate any condition as determined by the Code
Enforcement Official within the time period prescribed. Should the
property owner contest the decision of the Code Enforcement Official,
an appeal in writing may be filed with the Town Supervisor at any
time prior to the expiration of 10 days from the date of mailing of
the notice as specified above. A hearing on such appeal shall be conducted
as set forth below.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Hearing procedure. A property
owner shall have a right to representation at any hearing conducted
pursuant to this section. He or she shall be notified in advance,
in writing, of such right. If representation is requested, the property
owner shall have no more than (or up to) two weeks to obtain such
representation. In any event, the hearing officer, as appointed herein,
will call and conduct the hearing after that opportunity, if requested,
has passed. A person against whom abatement, compliance or any penalty
under this section is being sought or proposed shall have written
notice thereof and of the reasons therefor, shall be furnished a copy
of the charges preferred against him or her and shall be allowed at
least eight days for answering the same in writing. If no such written
response is received, the charges will be deemed denied. The hearing
upon such charges shall be held by the Town Supervisor or the Town
Board sitting en banc, or by a deputy or other person designated by
such Town Supervisor or Town Board. In case a deputy or other person
is so designated, he or she shall make a record of such hearing, which
shall, with the hearing officer's recommendations, be referred to
such Supervisor or Town Board for review and decision. The person
or persons holding such hearing shall, upon the request of the property
owner against whom charges are preferred, permit such property owner
to be represented by counsel, and shall allow him or her to summon
witnesses in his or her behalf. The burden of proving the nuisance
or abandonment shall be upon the person alleging the same or the Code
Enforcement Officer. Compliance with technical rules of evidence shall
not be required.
D.
Upon failure of the owner of
the premises found in violation of this section to remedy the conditions
existing in violation of the requirements hereof within 10 days after
mailing or personal service of notice to do so, then the Code Enforcement
Official shall proceed to have such conditions remedied, and all the
costs and disbursements thereof shall be and become a lien against
such property to the same extent and character as a lien for real
estate taxes and with the same penalties and interest and with the
same rights of collection, foreclosure, sale and forfeiture as obtained
for tax liens.
E.
Upon completion of the required
work by the Town as provided above, notice thereof and of the cost
assessed therefor shall be given to the owner in the same manner as
prescribed for notices of violation and the same assessed shall be
due and payable 30 days after such notice of completion and cost,
unless such assessment shall be appealed to the Town Board prior to
the expiration of such thirty-day period.
