Town of Webster Shed & Fence Regulations
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Setback Requirements for sheds & fences § 225-48 Utility sheds. § 225-77 Fences. Notwithstanding the applicable side or rear yard Fences in the rear and side setbacks for requirements, there shall be permitted in a side yard or a residential uses shall conform to the rear yard in any residential district one utility shed no closer following standards: to any boundary line than 15 feet. Fence Height Minimum Setback from (feet) Property Line (feet) 4 and under 0 5 and under 5 6 and under 10 7 and under 15 8 and under 20
History / Background Shed Regulations 1st established in 1938 Fence Regulations 1st established in early 1950’s 1940 Population: 5,520 1950 Population: 7, 174 people 1940 Population Density: 164 people / sq. mile 1950 Population density: 213.9 people / sq. mile Accessory structures such as utility sheds required a 5’ Fence setbacks implemented in 1950’s; remain the setback from rear and side property lines when first same as they are today in 2022 implemented; changed to 15’ in 1970’s 2020 Population: 45,327 2020 Population Density: 1,351.83 people/ sq. mile
Shed & Fence Variance Requests (2012-2021) Sheds Fences 25 20 15 10 5 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Sheds 10 10 7 6 22 8 5 7 12 17 Fences 12 5 4 9 11 5 6 6 4 9
Variance Requests Summary (2012-2021) ➢ 175 Total Applications (average: 17.5/year) ➢ 104 Variance Request for sheds (avg: 10.4 / year) ➢ 71 Variance Requests for Fences (avg: 7.1/ year) ➢ # of meetings per application ➢ 116 applications required 1 meeting ➢ 29 applications required 2 meetings ➢ 7 applications required 3 meetings ➢ 1 application required 4 meetings ➢ 2 applications required 5 meetings ➢ 20 applications were denied or withdrawn altogether
Unintended consequences of current shed & fence setback regulations: • Limits residents’ ability to fully utilize their back yard • Creates 20’ wide unkept “alleys” between neighboring fences • Creates property boundary disputes / legal issues; delays real estate closings • Requires residents to go through an arduous approval process, often requiring attendance at several zoning board of appeals meetings • Aesthetically unattractive • Residents opt not to obtain permit and install anyway • Enforcement efforts are time consuming; not efficient use of resources
Historical Justification for shed/fence setbacks ▪ “to maintain an open, airy feel” ▪ “to allow for maintenance of shed/fence without going on to neighboring property” ▪ “we don’t want Webster to turn into southern California with everyone walling off their back yards” ▪ “So that sheds aren’t visible from the street”
Proposed Recommendations / Next Steps: ▪ Continue analysis of other Setback Shed 6’ fence municipal regulations Front N/A N/A ▪ Draft revised regulations Side 5’ 0’ based on data and best Rear 5’ 0’ practices for similarly sized municipalities ▪ Hold Public Hearing to get resident feedback on proposed changes
Other Town Code issues to address: ▪ Temporary (canopy) Structures ▪ Temporary Fences ▪ Telecommunication Towers ▪ Emerging Technologies not recognized ▪ Site Plan Approval Process ▪ Major vs. Minor ▪ Defining order of approvals ▪ Strengthening definitions section ▪ Non-conforming structures
Questions & Answers Q: I live in a community that has a Homeowner’s Association (HOA); how will these changes impact me? A: The HOA rules and regulations on fences and sheds would apply. Q: I live on the Lake and am concerned with protection of my view, what provisions are there to protect views of the water? A: Areas along the waterfront are governed by state regulations that prohibit placement of structures within a certain proximity to the shoreline (varies depending on specific location). Town Code also contains provisions to ensure that scenic views and vistas along Lake Ontario and Irondequoit Bay are protected. Applications for fences on waterfront properties will be reviewed to ensure they are compliant with state and local regulations and do not interfere with scenic views. Q: I have an easement in my yard, will I now be able to put a shed or fence within that area? A: Sheds and fences are not permitted in any easement area without prior approval from the Town Board and filing of a licensing agreement with the Monroe County Clerk’s Office.
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