Town of Webster Shed & Fence Regulations

Town of Webster
                  Shed & Fence
                   Regulations

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

6’ Privacy Fence Regulations in other municipalities

Shed Regulations in other municipalities

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

Photo Examples

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.