Pursuant to the authority conferred Article
16 of the Town Law of the State of New York, and for each and every
one of the purposes specified therein, the Town Board of the Town
of Westfield, County of Chautauqua and State of New York, has ordained
and does hereby enact the following ordinance, regulating and restricting
by districts, the height, number of stories and size of buildings
and other structures, the size of yards and other open spaces, the
density of population and location and use of buildings, structures
and land for trade, industry, residence or other purposes, and does
ordain that this chapter shall take effect 10 days after publication
and posting in accordance with § 264 of the Town Law.
This chapter shall be known and may be cited
as the "Town of Westfield, New York, Zoning Ordinance."
There is hereby established a Comprehensive
Zoning Plan for the unincorporated area of the Town of Westfield,
which plan is set forth in the text and map that constitute this chapter.
This plan is adopted in accordance with §§ 261 and
262 of the Town Law for the purposes set forth in § 263
thereof.
[Amended 10-2-2013 by L.L. No. 5-2013; 5-3-2017 by L.L. No. 1-2017]
The Town of Westfield, outside any incorporated
area therein, is hereby divided into the following Zoning Districts:
R-12
|
Residential
|
R-L
|
Residential-Lakeside
|
R-A
|
Residential-Agricultural
|
C
|
Commercial
|
L-I
|
Light Industrial District
|
M
|
Manufacturing
|
L-C
|
Lakeside-Cottage Overlay District
|
The aforesaid districts are bounded and defined
as shown on a map entitled "Zoning Map of the Town of Westfield,"
which, with all explanatory matters thereon, is hereby incorporated
into this chapter and shall be as much a part of this chapter as if
fully set forth and described herein, which has been duly certified
by the Town Clerk and is filed with such Town Clerk.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts, as shown on the Zoning
Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately
following the center lines of streets, highways, streams or railroads,
such center lines shall be construed to be such boundaries.
B. Where district boundaries are indicated so that they
approximately follow lot lines, such lot lines shall be construed
to be such boundaries.
C. Where district boundaries are so indicated that they
are approximately parallel to the center lines of streets or highways,
such district boundaries shall be construed as being parallel thereto.
If no distance is given, such dimension shall be determined by use
of the scale shown on the Zoning Map.
D. In the event that none of the above rules is applicable,
the location of such boundary, unless the same is indicated by dimensions
on the map, shall be determined by the use of the scale on the Zoning
Map.
Except for farms and farm structures, no building
or other structure or land shall hereafter be used or occupied, and
no building or structure, or parts thereof, shall be erected, relocated,
extended, enlarged or altered, except in conformity with the regulations
specified herein for the district in which it is located.
[Amended 7-1-1998 by L.L. No. 1-1998]
No lot or lot area shall be reduced or diminished
so that the lot and its yards or other open spaces shall be smaller
than prescribed by this chapter, nor shall density of population be
increased in any manner except in conformity with the regulations
contained in this chapter. If at the time of the adoption of this
chapter or of any amendment thereof increasing area, dimensional or
open space requirements, the area, dimensions or required open space
of any lot are less than the minimum required under this chapter,
such area, dimensions or open space shall not be further reduced.
No yard provided on one lot for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard required on any other lot.
In the event that application is made to erect,
relocate, extend, enlarge or alter a building or otherwise use or
occupy buildings or lands for a use not covered in this chapter in
any district, the Code Enforcement Officer shall refer, within five
days, such application to the Town Planning Board for an interpretation
as to whether the proposed use is an equivalent use to a permitted
use in such district. The Planning Board shall report its findings
to the Town Board within 40 days of the date of such application and
shall make a recommendation based on such findings. In no event shall
a building permit or certificate of zoning compliance be issued for
an equivalent use until the chapter has been amended to permit such
equivalent use in the appropriate district.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive, or that imposing
the higher standards, shall govern.