Permitted principal uses and structures in the
Residential-Lakeside (R-L) District shall be as follows:
A.
Any use permitted and as regulated in an R-12 District,
subject to all the terms and conditions of this chapter.
B.
Private boat house, dock or pier, provided that such
facility shall not be used for commercial purposes or be available
to the general public.
C.
The open storage of private boats, boat trailers,
fishing equipment and other water recreation equipment, provided that
no such equipment shall be used for commercial purposes or be available
to the general public.
D.
Upon obtaining a special use permit from the Town Board, in accordance with the provisions of Article XI, the following uses:
(1)
Motel and accessory use.
(2)
Commercial recreation area.
(3)
Mobile home park.
(4)
Oil well.
[Amended 7-1-1998 by L.L. No. 1-1998]
(5)
Major home occupations, in accordance with § 185-50B hereof.
[Amended 5-5-2010 by L.L. No. 2-2010]
(6)
Antique shop.
(7)
Art galleries and sales.
[Amended 7-1-1998 by L.L. No. 1-1998]
(8)
Bed-and-breakfast/inn.
[Added 6-2-2004 by L.L. No. 1-2004]
(9)
Hotel.
[Added 6-2-2004 by L.L. No. 1-2004]
E.
Private club catering exclusively to members and their
guests, not operated for profit.
F.
Conservation project or wildlife reservation.
G.
Agriculture, floricultural and horticultural pursuits,
including but not limited to general farms, greenhouses, plant nurseries,
truck gardens, dairies, and the raising of bees, poultry and livestock,
together with all customary buildings.
H.
Storage building with outside dimensions less than 144 square feet
in size, provided the height thereof does not exceed the length of
the longest side of the building or 30 feet, whichever is less, and
the lot on which it is to be located is no smaller than that required
by the zoning code for a principal structure.
[Added 8-6-2014 by L.L.
No. 1-2014]
Permitted accessory uses and structures in the
Residential-Lakeside (R-L) District shall be as follows:
A.
Accessory use permitted and as regulated in the R-12
District.
B.
Signs as regulated in the R-12 District, except that
two identification signs not exceeding 40 square feet in area shall
be permitted. Such signs may be illuminated by a nonflashing indirect
source of light. Fees as set forth from time to time by the Town Board
shall apply.
[Amended 7-1-1998 by L.L. No. 1-1998]
C.
Cabanas, dressing rooms or other customary accessory
uses.
In the Residential-Lakeside (R-L) District,
minimum area requirements shall be as follows:
A.
Lot sizes. Every one-family detached dwelling hereafter
erected shall be located on a lot having an area of not less than
40,000 square feet, as measured from the street right-of-way, and
a width at the established building line of not less than 120 feet,
subject to compliance with waste and sewage disposal requirements
as prescribed by the Chautauqua County Department of Health. When
a tract of land is served by public water supply or by public sanitary
sewer facilities, or by a community water system or sanitary sewer
system operated as a public utility, a one-family dwelling may be
erected on a lot having an area of not less than 15,000 square feet,
as measured from the street right-of-way and a width at the established
building line of not less than 80 feet. When a tract of land is served
by both a community water system and a sanitary sewer system, a one-family
dwelling may be erected on a lot having an area of not less than 10,000
square feet, as measured from the street right-of-way, and with a
width at the established building line of not less than 75 feet.
[Amended 2-4-2009 by L.L. No. 1-2009]
B.
Front yard depth. Front yard depth (measured as the
distance between the street right-of-way and the nearest part of the
dwelling): 40 feet on Route 5, 20 feet on all other streets and highways.
[Amended 7-1-1998 by L.L. No. 1-1998]
C.
Side yards (two required): total 25% of lot width,
eight-foot minimum side yard.
D.
Rear yard: 25% of lot depth, but need not exceed 30 feet. Where rear lot line abuts the shore of Lake Erie, the rear yard minimum area requirement shall be at least 25 feet, in accordance with § 185-43L(2) (lakeshore regulations).
[Amended 9-4-2002 by L.L. No. 5-2002]
The maximum height of principal buildings in
the Residential-Lakeside (R-L) District shall be 21/2 stories, not
to exceed 30 feet.
The minimum size of principal buildings in the
Residential-Lakeside (R-L) District shall be 750 square feet.
[Added 10-2-2013 by L.L.
No. 5-2013]
A.
Findings and purposes. Special regulation within the existing Residential-Lakeside
District is necessary to protect and preserve those traditional "cottage
park" areas that are converting from their traditional seasonal use
to full-time residential use and are more densely populated than the
rest of the district. The purpose of this section is to protect the
bucolic and scenic character of these residential areas by enacting
regulations that are more typically associated with a village setting
rather than with the rural and agricultural setting that surrounds
them within the Residential-Lakeside District.
B.
Lakeside-Cottage Overlay District defined. The areas to which these
regulations apply are defined below and shown on the Lakeside-Cottage
overlay map:
(1)
Hawthorne Beach: commencing on the shoreline of Lake Erie at
the northwest corner of Lot 1, Block 1, Section 176.06, of the County
Tax Maps for the Town of Westfield; thence northeasterly along the
shoreline of Lake Erie and northerly bounds of Section 176.06 to the
northeast corner of Lot 17, Block 1, Section 176.06; thence south
along the eastern bounds of Section 176.06 to the southeast corner
of Lot 42, Block 1, Section 176.06; thence crossing Woodlawn Drive
to the northeasterly corner of Lot 17, Block 1, Section 176.00; thence
westerly along the southerly bounds of Woodlawn Drive and continuing
on the same course along the southerly bounds of Lot 15, Block 2,
Section 176.06, to its southwest corner; thence north along the west
bounds of Section 176.06 to the southeast corner of Lot 1, Block 1,
Section 176.06; thence west along the southerly bounds of said Lot
to its southwest corner; thence north along the west bounds of said
Lot to the shoreline of Lake Erie and point of beginning.
(2)
Forest Park: Commencing on the shoreline of Lake Erie at the
northwest corner of Lot 56, Block 1, Section 192.09 of the County
Tax Maps for the Town of Westfield; thence northeasterly along the
shoreline of Lake Erie to the northeast corner of Lot 5, Block 2,
Lot 192.09; thence southerly along the east bounds of said Lot to
the northeast corner of Lot 1, Block 1, Section 192.10; thence southerly
along the eastern bounds of Lots 1, 45, 44, 43, 42, and 41 of Block
1 in Section 192.10, to the southeast corner of Lot 41, Block 1, Section
192.10 and continuing on the same course to the northerly bounds of
New York State Highway No. 5; thence westerly along the north bounds
of New York State Highway No. 5 to the southwest corner of Lot 56,
Block 1, Section 192.09; thence northerly and westerly along the western
bounds of Section 192.09 to the shoreline of Lake Erie and point of
beginning.
(3)
Shorehaven: commencing on the shoreline of Lake Erie at the
northwest corner of Lot 3, Block 2, Section 208.06, said point also
being on the boundary line between the Town of Westfield and Town
of Ripley; thence northeasterly along the shoreline of Lake Erie and
northerly bounds of Section 208.06 to the northeast corner of Lot
1, Block 2, Section 208.00; thence southerly and southeasterly along
the east bounds of said Lot 1, Block 2, Section 208.00, to the north
bounds of New York State Highway No. 5; thence westerly along the
north bounds of New York State Highway No. 5 to the southwest corner
of Lot 63, Block 4, Section 208.10, said corner also being on the
boundary line between the Town of Westfield and Town of Ripley; thence
north along the said boundary line to the shoreline of Lake Erie and
point of beginning.
C.
Lakeside-Cottage regulation effect on land uses. Within the Lakeside-Cottage
Overlay District, all of the underlying land use district regulations
shall remain in effect, except as they are specifically modified by
this section. In case of conflict between this section and any other
section of the Zoning Law, this section shall control.
D.
Lakeside-Cottage regulations.
(1)
Farm animals. The keeping of livestock, poultry and birds of
any type shall be regulated in the following manner:
(a)
Commercial operations prohibited. Livestock, poultry or birds
shall not be raised or kept for resale purposes and shall only be
kept for recreational purposes or for home consumption by the owner
thereof.
(b)
Livestock, poultry and birds which create a nuisance due to
noise or odor or may be considered an imminent danger to human health,
life or safety shall be prohibited.
(c)
Poultry and birds. The keeping of any poultry or bird or birds
shall be regulated in the following manner:
[1]
No more than 10 birds, and none exceeding 30 pounds
each, shall be permitted on a property, and no cocks or other crowing
bird shall be permitted.
[2]
Poultry and birds shall be kept within a barn or
coop provided with a fenced area or enclosure. Such structures shall
be placed no closer than 50 feet to any adjoining property line or
boundary line, nor any closer than 50 feet to any residential structure.
Poultry and birds shall be prohibited upon any open area of the premises.
(d)
Livestock. Those animals generally considered to be farm animals
or livestock such as horses, cattle, pigs, goats, sheep, etc., shall
be fenced so as to be unable to come within 50 feet of any adjoining
property line, boundary line or residential structure, and the maximum
number of such animals allowed shall be one animal per acre of usable
pasture. "Usable pasture" shall be defined as completely open space
without buildings, storage areas or other obstruction used solely
for the pasture and grazing of animals.
(e)
Barns and shelters. Suitable barns and shelters shall be provided
on-premises for the overnight keeping of all livestock.
(f)
Preexisting animals, poultry and birds. The keeping of animals,
poultry and birds or other creatures that do not comply with the provisions
of this chapter shall be considered nonconforming uses. Preexisting
nonconforming uses shall be allowed to continue for 90 days after
enactment of this section. After 90 days, any nonconforming use shall
become an unlawful use and shall be immediately terminated.
