Town of Westfield, NY Article IX Supplemental Regulations and Exceptions

§ 185-42 Applicability.

The provisions of the district regulations shall be subject to additional requirements, limitations and exceptions in accordance with the following supplementary regulations. Unless otherwise specified, these supplementary regulations shall apply to all districts.

§ 185-43 Use regulations.

A. Public utilities and services. The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipes, electric light and power transmissions and distribution lines, communication lines, sewers and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Town or Village of Westfield or County of Chautauqua or State of New York. The above exception shall not be construed to permit yards, garages or other structures for service or storage use by said public utility except as otherwise permitted by this chapter.

B. Public water and sewer. If a public water supply and/or a public sewer system is available, no new dwelling or other new principal building, except a farm structure, shall be constructed, erected, altered or used without connection with such public water supply and/or public sewer system.

C. Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate frontage on an existing street or highway.

D. Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such district line is established, the regulations for the less restricted portion of such lot shall extend not more than 25 feet into the more restricted portion, provided that the less restricted portion of the lot has frontage on a street.

E. Temporary structures. Temporary buildings may be placed in any district for uses incidental to the construction work, provided that such buildings shall be removed forthwith upon the completion or abandonment of the construction work.

F. Volatile materials storage. All volatile materials shall be stored and used only in containers and in the manner approved by the New York State Board of Fire Underwriters.

G. Ponds.

[Added 8-7-2002 by L.L. No. 3-2002]

(1) Purpose. In order to minimize traffic safety problems associated with ponds inappropriately located near roadways, limit potential damage to the base of nearby roadways and to reduce the probability of creating an attractive nuisance in densely populated areas, the following rules and standards shall apply.

(2) Definition. Ponds shall, for the purpose of this section, include all bodies of water created through construction or other similar method and are further defined in § 185-13.

(3) Regulations.

(a) Traffic safety.

[1] Setback. All ponds constructed (after the effective date of this regulation) shall be set back a minimum of 100 feet from the center line of any roadway.

[2] Location. New ponds shall be located in such a manner so as to minimize the likelihood of accidental vehicular access (e.g., avoid locating at the end of a dead end or tee roadway).

[3] Area requirements. All area requirements applicable to one-family detached dwelling, if in a Residential (R-12), Residential-Lakeside (R-L), or Residential-Agricultural (R-A) District or to a building, if in any other district, (except front yard) shall be met in locating the pond.

(b) Water safety. In areas where there are one or more neighboring housing units of non-site owners within 100 feet of the proposed site for the pond, one of the following shall be accomplished:

[1] Fence. At a minimum a four-foot-high security fence shall completely surround the pond; or

[2] Slope. The pond shall be designed such that the slope from the shore 10 feet towards the center of the pond shall be a maximum of 25% (i.e., three feet of drop per 12 feet of run).

(c) Construction. It is recommended that the proposed pond design be reviewed and approved by the Chautauqua County Soil and Water Conservation District.

H. Fences.

[Added 8-7-2002 by L.L. No. 4-2002]

(1) Purpose. For the purpose of protecting properties adjacent to fences and walls from indiscriminate placement, unsightliness, related health and safety problems, etc., the following rules and standards shall apply.

(2) Definitions. See § 185-13.

(3) Regulations. Fences shall be allowed by permit in any district and shall conform to the regulations which follow:

(a) Exempt fencing. Fencing used for agricultural purposes on farms (see definition) shall be exempt from all regulations. Additionally, nonboundary fencing located more than 25 feet from any property line shall be exempt.

(b) Permits. Fences and walls shall be allowed up to four feet in height by right. Fences and walls above four feet in height shall require a special use permit and consideration will be given to visibility from adjacent properties, light and air movement, etc.

(c) Setback from road. Fences and walls shall not be located within legal highway rights-of-way.

(d) Proximity to neighboring properties. All fences, walls, and/or hedges shall be located no closer than two feet from adjacent property lines. This rule can be waived if agreed to in writing by adjacent property owners.

(e) Fire hazard. Any fence or wall considered to be flammable (see definition) shall be prohibited. Also, any fence in a potentially hazardous area shall not be allowed.

(f) Finished sides. The finished sides of all fences or walls must face adjacent properties. This rule can be waived if agreed to in writing by adjacent property owners.

(g) Materials. Only durable materials generally used and accepted by the industry shall be used for fences or walls.

(h) Maintenance. All fences or walls shall be maintained structurally and visually.

(i) Corner setbacks. Fences, walls, and/or hedges shall not be located so as to cut off or reduce visibility at intersections.

(j) Lakeshore fence or walls. See supplemental lakeshore regulations.

(4) Preexisting fences. Fences in existence at the time of the enactment of this subsection shall only be subject to Subsection H(3)(a), (h) and (j) of the preceding section.

I. Telecommunications facilities.

[Added 8-7-2002 by L.L. No. 1-2002]

(1) Purpose. The Town of Westfield recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this subsection is to regulate the location, construction, and modification of these facilities in accordance with sound land use planning by:

(a) Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting, and vegetative screening and/or buffering.

(b) Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures.

(c) Maximizing the use of any new and/or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needed in the Town.

(d) Providing for the general health, safety and welfare of the Town by the regulation of these facilities as such regulation is permitted under applicable federal and/or state law.

(e) Accommodating and allowing wireless service providers to meet their service objectives in a manner consistent with these regulations and/or other applicable federal or state law.

(2) Definitions. For purposes of this subsection, the following terms shall have the following definitions:

ACCESSORY STRUCTURE

A nonhabitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility or antenna, and located on the same lot as the communications tower or antenna. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal wireless communication services (PWCS), and microwave communications.

BOARD OR TOWN BOARD

The Town Board of the Town of Westfield.

COLLOCATED ANTENNAS

Telecommunications facilities which utilize existing towers, buildings, or other structures for placement of antennas and do not require construction of a new tower.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

TELECOMMUNICATIONS FACILITIES

Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal wireless communication services (PWCS), paging services, radio and/or television broadcast services, microwave transmission and/or similar or like broadcast services.

TOWER

A structure designed to support antennas. It includes, without limitation, freestanding towers, monopoles, and similar structures which do, or do not, employ camouflage technology.

(3) Telecommunications facility permit required.

(a) No telecommunications facility shall be sited, located, constructed, erected, or modified without the issuance of a special use permit as prescribed by this subsection.

(b) The Town Board is hereby authorized after public notice and a hearing to review and approve, approve with modifications or disapprove special use permits pursuant to this law. The Town Board shall have the authority to impose such reasonable restrictions and conditions as are directly related to or incidental to the proposed antenna, tower, or accessory structures.

(c) Notwithstanding any inconsistent provisions of the Zoning Code of the Town of Westfield, towers and antennas shall be permitted and regulated only in accordance with the provisions of this subsection.

(4) General standards.

(a) No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunications facility shall be authorized by the Town Board unless it finds that such telecommunications facility or proposed modification thereto:

[1] Is necessary to meet current or expected demands for the services supported by the telecommunications facility;

[2] Conforms with all applicable regulations promulgated by the Federal Communications Commission and/or any other applicable state or federal regulatory agency.

[3] Is designed and constructed in a manner which minimizes its visual impact.

[4] Complies with all other requirements of the Zoning Code of the Town, including this subsection.

[5] Is the most appropriate site within the immediate area for the location of a telecommunications facility, based upon the report required under § 185-43I(7)(c). It is preferred that telecommunications facilities be collocated as provided in this subsection unless the Town Board finds collocation not to be appropriate under the circumstances.

(5) Siting preferences. Consistent with the objectives set forth in § 185-43I(1) hereof, a proposed telecommunications facility shall be located in accordance with the following siting preferences, from most favorable to least favorable, to the extent that there are commercially available locations which are technically feasible and otherwise consistent with the standards of this subsection:

(a) Existing towers in low-density areas suitable for collocation.

(b) Existing towers in high-density areas suitable for collocation.

(c) Property in low-density areas with an existing structure suitable for location or collocation.

(d) Property in high-density areas with an existing structure suitable for location or collocation.

(e) Property owned by the Town of Westfield.

(f) M: Manufacturing.

(g) C-M: Commercial Manufacturing.

(h) R-A: Residential Agricultural District.

(i) C: Commercial District.

(6) Collocated antennas preferred.

(a) The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunications facility permit or renewal thereof or modification of the conditions of a current telecommunications facility permit shall include proof in accordance with § 185-43I(7)(c)[3] that reasonable efforts have been made to collocate with an existing telecommunications facility or upon an existing structure.

(b) Any proposed tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(c) The applicant shall submit to the Town Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless communication services (PWCS) providers in the future. Any permit issued hereunder shall commit the new tower owner and its or his or her successors in interest to:

[1] Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

[2] Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless communication services (PWCS).

[3] Allow shared use of the new tower if another PWCS provider agrees in writing to pay charges.

[4] Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(d) In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Town of Westfield as well as the Chautauqua County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

(7) Special use permit application requirements. All applicants for special use permits for telecommunications facilities towers and/or antennas shall make a written application to the Town Board. This application shall include:

(a) Tower special use permit application form, supplied by the Town.

(b) Full environment assessment form and visual environment assessment form addendum prepared in accordance with the State Environmental Quality Review Act.

(c) Service area/inventory report for new towers.

[1] The applicant shall provide a report which establishes to the satisfaction of the Town Board that the applicant is required to provide service to locations which it is not able to serve through existing facilities within a one-mile search radius of the proposed tower and which are located either within or outside of the Town. The search radius may be reduced to 1/2 mile for towers under 100 feet and 1/4 mile for towers under 60 feet. Said report shall show the specific locations and/or areas the applicant is seeking to serve which cannot be served through existing facilities.

[2] The report shall set forth an inventory of existing facilities and/or structures within or outside of the Town which might be utilized or modified in order to provide coverage to the locations the applicant is seeking to service and include a report on the possibilities and opportunities for a collocation as an alternative to a new site.

[3] The applicant must demonstrate to the satisfaction of the Town Board that despite good-faith efforts, the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Town, due to one or more of the following reasons:

[a] The proposed equipment would exceed the existing and reasonable potential structural capacity of existing facilities or structures within or outside of the Town considering existing and planned use for those facilities or structures.

[b] The proposed equipment which could not reasonably be mitigated or prevented.

[c] Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good faith efforts, to reach agreement with the owner or owners of such facilities or structures.

(d) Documentation of the notification required under § 185-43I(6)(d).

(e) A site plan is required for all new telecommunications facilities, except those to be collocated or attached to a suitable existing structure and which otherwise comply with the requirements of § 185-43I. The site plan must be acceptable to the Town Board in form, content, scale and detail sufficient to show, at a minimum:

[1] The exact location of the proposed tower, and appurtenances;

[2] The maximum height of proposed tower;

[3] A detail of tower type (monopole, free or other);

[4] The color or colors of the tower;

[5] The location, type, and intensity of any lighting on the tower;

[6] The property boundaries (a copy of a property survey must also be provided);

[7] Proof of the applicant's authority to use the property. If the applicant owns the property it shall submit a copy of its deed. If the applicant does not own the property, it shall submit a letter signed by both the applicant and the landowner stating that an agreement is in effect between those parties, or a copy of the lease agreement with proof that the landowner has consented to such a submission;

[8] The location of all structures on the property and all structures on any adjacent property within 50 feet of the property line, together with the distance of these structures to the tower;

[9] Names and addresses of adjacent landowners;

[10] The location, nature and extent of any proposed fencing, landscaping, or screening;

[11] The location and nature of proposed utility easements and/or access roads, if applicable;

[12] Building elevations of accessory structures or immediately adjacent buildings.

(f) Before and after propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.

(g) A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target area or cell. The applicant must be prepared to explain to the Board why it selected the proposed site, discuss the availability or lack of availability of a suitable location within the search ring which would have allowed for collocated antennas and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.

(h) The applicant must submit a copy of its policy regarding collocation of its proposed tower with other potential applicants. Such policy should allow collocations if new antennas and/or equipment do not or will not exceed structural loading requirements, interfere with tower space use, or pose any technical or radio frequency interference with existing equipment.

(i) A report prepared by a New York State licensed professional engineer, which describes the tower's height and design, including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards and describes the tower's capacity including the number and type of antennas it can accommodate. In the case of an antenna or antennas mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna and proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(j) A written agreement by the applicant to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 12 consecutive months.

(k) Any applicant receiving a special use permit hereunder must, at the time of obtaining such permit, provide:

[1] A financial security bond to the Town of Westfield, as assignee, in accordance with the requirements of § 185-43I(12)(b); and

[2] Evidence that liability insurance is in effect that covers damages and other losses due to tower failure or other hazards related to the installation and use of said tower.

(l) The Town Board reserves the right to request reasonable additional visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.

(m) The Town Board shall evaluate the application for a telecommunications tower special use permit in accordance with the criteria and requirements established under this subsection and all other applicable special use permit requirements under the Town Zoning Law. Any and all grants of a special use permit for a telecommunications facility under this subsection shall be nonassignable and nontransferable and shall not run with the land, notwithstanding anything in the general Zoning laws of the Town to the contrary.

(8) Performance standards.

(a) Compliance with federal requirements. The applicant must demonstrate in writing that the telecommunications facility will be operated only at FCC-designated frequencies or power levels and/or any applicable EPA technical exposure limits. The applicant further must provide written certification from a New York State-licensed professional engineer that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications.

(b) Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis. If new, more restrictive, standards are adopted, the antennas shall be made to comply, or continued operations may be restricted by the Town Board. The cost of verification of compliance shall be borne by the owner and operator of the tower.

(c) Tower lighting. Towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration, the Town, or other applicable laws. If lighting is required, the lighting design must minimize disturbance to the surrounding view. The towers shall be of a nonreflective finish, and the color subject to Town approval unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

(d) Using any portion of a tower for signs other than for warning or equipment information is prohibited.

(e) Tower height limitations. All applicants must demonstrate that the height of the proposed tower is the minimum necessary to meet the applicants' objectives and the standards and requirements of § 185-43I. The maximum height of a tower is limited to 250 feet above the ground upon which the tower is placed, unless the applicant demonstrates in writing that a higher tower is required to provide necessary coverage and will otherwise meet the standards of § 185-43I.

(f) Tower building requirements.

[1] The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design shall utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that increase off-site visibility are prohibited. The Town Board may require only a monopole tower if it determines that a monopole tower best meets the purpose and intent of this subsection.

[2] The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no wider than the base.

[3] Towers must be located on a parcel that meets the minimum lot size requirements for the zoning district in which the tower is to be located.

[4] Minimum spacing between tower locations is 1/4 mile.

(g) Access to towers. A road and parking area must be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.

(h) Setbacks for towers.

[1] Telecommunications towers shall be set back from the lot lines a distance at least equal to 120% of the height of the tower. Where an applicant proposes to locate a telecommunications tower at a location consisting of multiple adjacent lots owned or leased by the applicant, the term "lot line" shall mean the exterior boundaries of the applicant's owned or leased property which adjoin property not owned or leased by the applicant.

[2] No telecommunications tower shall be located nearer than 300 feet or three times the height of the tower, whichever is greater, from a residential building, school, place of public worship or designated historic district or landmark.

(i) Screening and security of towers and accessory structures.

[1] Existing on-site vegetation shall be preserved to the maximum extent practicable.

[2] The base of the tower and any accessory structures shall be landscaped.

[3] Towers and auxiliary structures shall be surrounded by a fence or wall at least eight feet in height of a design approved by the Board so as to make intrusion difficult. Barbed wire is not to be used in a residential area or on public property unless specifically permitted by the Board. There shall be no permanent climbing pegs within 15 feet of the ground on any tower or facility.

[4] A sign shall be conspicuously located near the base of the telecommunications tower that states that a danger exists and that no unauthorized access is permitted.

[5] Design of antennas, towers and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antenna and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

(j) Other requirements and conditions.

[1] The Town Board may impose such other reasonable requirements or conditions to ensure that the telecommunications facilities shall be located and buffered to the maximum extent practicable and technologically feasible to maximize compatibility with surrounding land uses and minimize any adverse aesthetic impact on neighboring residents.

[2] The Town Board may further impose any other reasonable requirements or conditions to ensure that the public health, welfare and safety are protected.

(9) Telecommunications facilities maintenance. All telecommunications facilities, both predating this subsection and otherwise, shall fulfill the requirements of this subsection. The Town Zoning Enforcement Officer and/or Building Inspector is empowered to enforce these regulations.

(a) The sufficiency of the bond required by § 185-43I(7)(k) shall be reevaluated at least every five years by an analysis of the cost of removal and property restoration performed by a licensed New York State professional engineer, with the results to be communicated to the Town Board. If the bond amount in force is insufficient to cover the removal cost, it shall be immediately increased to cover such amount.

(b) The owner and/or operator of the telecommunications facility shall have said facility inspected at least every two years for structural integrity by a New York State-licensed professional engineer and a copy of the inspection report submitted to the Town. If such report recommends that repairs or maintenance are to be conducted, the permittee shall provide to the Town Board a written schedule for the repairs or maintenance.

(c) All telecommunications facilities shall be maintained in good order and repair, and all such work shall comply with all applicable code requirements of any governmental body issuing such rules and/or regulations.

(d) Any additional antennas, reception or transmission devices or other similar receiving or transmitting devices proposed for attachment to an existing facility shall require review in accordance with this subsection. The intent of this requirement is to ensure the structural integrity, visual aesthetic and land use compatibility of communications towers upon which additional antennas, reception or transmission devices are to be installed.

(e) No outside storage of vehicles, materials or waste shall be allowed except for the limited periods when the facility is undergoing construction, repair, or maintenance.

(10) Exemptions.

(a) Amateur ham radio tower meeting the following requirements:

[1] A tower not to exceed 70 feet from ground level for noncommercial private use by a federally licensed amateur radio operator living on the same premises upon which the tower is proposed to be located. Said tower shall be set back from all property lines by a minimum distance equal to 35% of the tower height. The applicant shall submit such information or certifications to the Zoning Enforcement Officer as may be necessary for the Zoning Enforcement Officer to determine if the safety and welfare of the neighborhood properties is safeguarded. No lighting of signs shall be permitted on the tower.

[2] No tower shall be located in the area between the front line of the house and the street.

[3] Towers shall be maintained by the property owner and/or operator in a safe condition and good repair.

[4] The tower shall be removed by the property owner within 90 days after expiration of the operator's license.

[5] The applicant for the tower shall submit to the Zoning Enforcement Officer such information as shall be necessary to make any determinations.

[6] Every antenna and tower shall be of neutral colors that are harmonious with and the blend with the natural features, buildings and structures surrounding the tower.

(b) The Town Board shall have the right to waive or modify any provision of this § 185-43I for facilities whose total height above ground does not exceed 35 feet, or for good cause shown.

(11) Cost of studies or reports. The cost of any engineering studies or reports required by this subsection or required by the Town Board shall be borne by the owner and/or operator of the tower. The Town Board may hire its own engineer/consultant to assist with the review of the application and such cost shall be borne by the applicant.

(12) Removal of obsolete/unused facilities.

(a) The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused towers shall take place after 12 months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunications facility.

(b) Bond/security. The applicant shall be required to execute and file with the Town Clerk a bond or other form of security acceptable to the Town Board and Town Attorney as to form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the tower during its lifetime, and provide for the removal and restoration of the site subsequent to its removal.

[1] The amount of the bond or security shall be no less than 125% of the cost of removal of the tower and restoration of the site pursuant to a written estimate prepared by a licensed New York State Engineer to the applicant. Such estimate shall be subject to approval of the Town Board and shall be reviewed and adjusted at five-year intervals.

[2] In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to Town of Westfield, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure, and site restoration.

(c) The Town of Westfield, at its option, may cause the removal of any tower or antenna which violates any provisions of this subsection or which becomes unsafe or hazardous as determined by the Zoning Enforcement Officer or the Building Inspector of the Town of Westfield. Prior to said removal, the Town shall cause at least seven days' notice to be served by certified mail or personally or by any other method reasonably designed to give notice to the owner of the tower or antenna that a violation exists or that the telecommunications facility is unsafe or hazardous and that the Town intends to remove the tower or antenna and assess the entire cost against the property owner upon which the antenna or tower is located and/or upon the owner of the tower or antenna. The Town is authorized to petition the County Court or Supreme Court through a special proceeding to obtain an order of removal and to assess the entire cost thereof against the owner of the premises, which shall be assessed and collected in the same manner as a Town tax.

(13) Penalties for offenses. This subsection is adopted pursuant to the zoning and planning powers granted to the Town of Westfield under the Town Law of the State of New York and other applicable law, rule, and regulation.

(a) In the event of any violation of this subsection or any permit issued hereunder, the Town may seek enforcement by any legal or equitable remedy.

(b) Any applicant upon receipt of a special use permit for telecommunications facilities that fails to comply with the requirements and/or conditions of that permit may have its permit revoked and ordered to remove the telecommunications facilities within 90 days of notification by the Town of such violation.

(14) Miscellaneous.

(a) In the event of any conflict or inconsistencies between this subsection and any other provision of the Town Zoning Law or other local law, ordinance, rule or regulation, the more restrictive requirement shall apply.

(b) The procedural requirements for a special use permit for a telecommunications facility shall be as set forth in the Zoning Law for the Town of Westfield and the Town Law of the State of New York.

(c) Any decision to deny a request for authorization to place, construct or modify a telecommunications facility shall be in writing and shall be supported by substantial evidence contained in a written record.

J. Wind energy conversion systems (commercial and noncommercial).

[Added 8-7-2002 by L.L. No. 2-2002]

(1) Purpose. For the purpose of protecting the general public of the Town of Westfield and properties adjacent to wind energy conversion systems (WECS) from indiscriminate placement, related health and safety problems, etc., the following rules and regulations shall apply.

(2) Definitions. See § 185-13.

(3) Regulations. Noncommercial WECS shall be allowed by special use permit pursuant to Article XI in any district; commercial WECS shall be allowed by special use permit pursuant to Article XI in the Residential - Agricultural (R-A) District only. All WECS shall conform to the following regulations:

(a) Application. An applicant for a special use permit for a WECS shall submit a site plan, as required by § 185-48B, which meets the requirements of § 185-48B. In addition, the following information shall be submitted and prepared by a professional engineer registered to practice in New York State:

[1] A site plan drawn in sufficient detail to show the following:

[a] Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance.

[b] Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.

[c] Property lot lines and the location and dimensions of all existing structures and uses on site within 300 feet of the system.

[d] Surrounding land use and all structures within 500 feet of the WECS location.

[e] Dimensional representation of the various structural components of the tower construction, including the base and footing.

[f] Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

[g] Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.

[h] Evidence from a qualified individual that the site is feasible for a WECS.

[2] A full environmental assessment form EAF and Visual EAF Addendum Form prepared in accordance with the State Environmental Quality Review Act.

[3] Digital elevation model-based project visibility map showing the impact of topography upon visibility of the WECS from other locations, to a distance radius of three miles from the center of the WECS site. Scale used shall depict three-mile radius as no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.

[4] No fewer than four and no more than the number of proposed individual wind turbines plus three color photos, no smaller than three inches by five inches, taken from locations within a three-mile radius from it and to be selected by the Planning Board, and computer-enhanced to simulate the appearance of the as-built aboveground facilities as they would appear from these locations.

[5] An application for a noncommercial WECS is exempt from the requirements of Subsection J(3)(a)[1][a] through [h]; [2]; [3] and [4] hereof, but shall include a short EAF.

(b) Access. Access to the tower shall be limited by means of a fence no lower than six feet high around the tower base with a locking portal and with a locking gate on fence or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.

(c) Setback. The minimum required setback for any WECS tower from property lines shall be equal to 1.5 times the proposed structure height, including blades. The minimum setback from overhead utility lines, dwellings, agricultural buildings, or other WECS shall be equal to 1.2 times the proposed structure height, including blades. These setback requirements may be waived where the applicant submits a signed waiver from the owner(s) of the neighboring property, overhead utility lines, or other structures in relation to which the applicant does not meet the setback requirements set forth above. Where an applicant proposes to locate one or more WECS on a site consisting of multiple contiguous parcels owned or leased by the applicant, the term "property lines" shall mean the exterior boundaries of the contiguous parcels, which adjoin parcels not owned or leased by the applicant.

[Amended 12-4-2002 by L.L. No. 7-2002]

(d) Noise. WECS towers shall be properly maintained and operated at all times and shall be located with relation to property lines so that the noise produced during operation shall not exceed 50 dbA, measured at the boundaries of all of the closest parcels that are owned by non-site owners.

(e) Electromagnetic interference. WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communications Commission contained in 47 CFR Parts 15 and 18.

(f) Safety.

[1] No WECS shall be permitted that lack an automatic braking governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

[2] The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

[3] Procedures acceptable to the Town Board for emergency shutdown of power generation units shall be established and posted prominently and permanently on at least one location on the road frontage of each individual unit.

[4] Appropriate warning signs shall be posted. The type and placement of signs shall be determined on an individual basis as safety needs dictate.

[5] The permittee shall meet all FAA requirements for lighting.

(g) Transmission lines. All power transmission lines from the WECS to on-site substations shall be underground.

(h) Height.

[1] Noncommercial WECS shall not exceed a total height of 50 feet unless the parcel on which the WECS is to be located is 10 acres or larger, in which case the maximum total height may be 100 feet.

[2] Commercial WECS shall not exceed a total height of 400 feet.

[Amended 12-4-2002 by L.L. No. 7-2002]

(i) Liability insurance. Prior to the issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company that liability insurance has been obtained to cover damage or injury which might result from the failure of the tower and/or the WECS or any part thereof and transmission facility. The Town Board, in consultation with the Town's insurer, may set the level of insurance required at whatever level it deems adequate.

(j) Abatement.

[1] If any WECS remains nonfunctional or inoperative for a continuous period of one year, the permittee shall remove the WECS at his expense. Removal of the system shall include removal of the entire structure, including foundations, transmission equipment, and fencing, from the property.

[2] Bond/security. The special use permit shall require a permittee to execute and file with the Town Clerk a bond or other form of security acceptable to the Town Board and Town Attorney as to the form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the removal of the tower and the restoration of the site subsequent to its removal. The amount of the bond or security shall be no less than 125% of the cost of the removal of the tower and restoration of the site.

[3] If removal of towers and appurtenant facilities is required and the applicant, permit holder, or successors fails to remove the towers and appurtenant facilities from the property within 30 days from the date of notification by the Town Board, the Board may contract for such removal and pay for removal from the bond.

(4) The owner of each WECS shall have it inspected at least every two years for structural and operational integrity by a New York State licensed professional engineer and shall submit a copy of the inspection report to the Town. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide to the Town Board a written schedule for the repairs or maintenance.

(5) A WECS shaft not begin its initial operation until inspections required by the Town of Westfield have been made and all necessary approvals have been given. After initial operations have begun, the Code Enforcement Officer or his designated representative shall have the right at any reasonable time to enter the premises on which a WECS has been placed to inspect any or all parts of said installation.

(6) After conducting an inspection, the Code Enforcement Officer may order the owner of a WECS to render said WECS inoperative for reasons related to assuring safety of operations, abating noise or eliminating electromagnetic interference. The owner of the WECS shall not return the WECS to service until any and all of the reasons which caused the Code Enforcement Officer to issue the order to the owner to make said WECS inoperative have been corrected to the satisfaction of the Code Enforcement Officer.

(7) Prior to allowing a WECS to resume operations, the Code Enforcement Officer may require the owner of the WECS to have an inspection made and a report issued by a professional engineer licensed in the State of New York certifying that the WECS and/or tower is safe.

K. Signs.

[Added 7-6-2003 by L.L. No. 1-2003; amended 5-1-2013 by L.L. No. 1-2013]

(1) Purpose. The purpose of these regulations is to provide comprehensive time, place and manner restrictions on signage, including, but not limited to, controls on size, height, quantity, location, spacing, shape, lighting, motion, design and appearance, with the goal of promoting community aesthetics, traffic safety, economic development and the protection of property values within the Town of Westfield.

(2) Superseding regulation. Persons wishing to erect signs should be aware that in many locations throughout the Town of Westfield certain state agencies, including the New York State Department of Transportation, New York State Thruway Authority, and Great Lakes National Scenic Byway, may have sign regulations in effect that are in addition to the local regulations that follow. It is possible for a sign to be permitted under the Town's sign law but not permitted under those other regulations. You are encouraged to research all of the laws and regulations that apply to your property in addition to those of the Town of Westfield.

(3) Permit required. A sign permit is required for all signs, subject to the following standards and exemptions:

(a) General advertising signs related to the permitted use of the premises are allowed, including secondary advertisement of products or services.

(b) Brand-name-sponsored signs are permitted, provided that the brand name, logo, trademark (or the combination thereof) shall not exceed 25% of the square footage of the sign.

(c) Signs shall be informative, shall enhance the rural character of the community, and shall be consistent with the Town of Westfield Comprehensive Plan, as it may be amended from time to time.

(4) General sign standards. All signs, including outdoor advertising signs and exempt signs, shall comply with the following standards:

(a) No part of a sign shall be placed higher than the highest point of the principal building to which it is accessory.

(b) No sign shall project into a public right-of-way, be closer than five feet to any other property line, create a traffic hazard, be unduly distracting to motorists and pedestrians, or reduce the effectiveness of signs needed to direct the public.

(c) No sign shall project on a public utility pole or traffic control structure.

(d) Off-premises commercial signs, not exceeding six square feet, directing the public to specific establishments, shall be permitted subject to approval by the Planning Board.

(e) Digital signs exceeding six square feet in size shall be subject to review under the alternative track permit approval process established herein.

(5) Construction standards for all signs.

(a) All signs, including wall-mounted and projecting signs, shall be securely anchored.

(b) All signs, sign finishes, supports and electrical work shall be kept clean and painted and free from all hazards, such as but not limited to faulty wiring and loose supports, guys and anchors.

(c) All projecting, freestanding or wall-mounted signs shall employ acceptable, safe materials.

(d) All signs shall be painted and/or fabricated in accordance with generally accepted standards.

(e) If the sign is lighted:

[1] The light shall be designed to illuminate the sign only; and

[2] If the source of illumination is external to the sign, it shall be directed so as to shield the light source from passing automobiles and adjacent properties; and

(6) No sign shall be illuminated by any flashing, intermittent or moving lights or have any moving or animated parts.

(7) Exempt signs. The following types of signs may be erected without a sign permit in any zoning district:

(a) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies, religious or nonprofit organizations. Such signs shall not exceed six square feet.

(b) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(c) Any sign placed by any governmental agency or in partnership with any governmental agency for public purposes, or any nonadvertising sign identifying underground utility lines.

(d) On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding six square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.

(e) Home occupation signs, not exceeding six square feet per face.

(f) Farm signs, not exceeding 10 square feet per face.

(g) Digital signs, not exceeding six square feet per face.

(h) Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet per face.

(i) Number and nameplate identifying residents and/or property addresses, not exceeding two square feet per face.

(j) Private-owner merchandise sale signs for garage sales and auctions, no more than six per property, and none exceeding four square feet, for a period not to exceed seven days prior to the sale.

(k) Temporary lighted or unlighted signs, erected by and for nonprofit organizations such as churches, service organizations, Boy Scouts, Girl Scouts, political organizations, or military reserve associates, which advertise suppers, banquets, benefits, fund-raising sales, and similar functions may be erected for a period of 20 days without a permit in any district prior to the event.

(l) Temporary nonilluminated "For Sale," "For Rent," real estate signs and signs of similar nature, concerning premises upon which the sign is located. Such sign shall not exceed 24 square feet in area and shall be set back at least 10 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises or property.

(m) Holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.

(n) Integral graphics or attached price signs on gasoline pumps at gasoline stations.

(o) Directional signs for meetings, conventions and other assemblies.

(p) One sign, not exceeding six square feet in area, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.

(q) Noncommercial speech signs, subject to the following conditions:

[1] The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

[2] Such signs shall not exceed a total of 20 square feet in area for all signs on a single lot.

[3] Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.

[4] Noncommercial speech signs shall not be illuminated, except indirectly.

(r) Temporary political signs promoting the election of individuals to public office, provided they shall not be placed more than 30 days prior to, and shall be removed within seven days following, the election. Such signs shall not be embellished by balloons, streamers or other distractive adornments. Any such signs shall be placed on property with the permission of the owner.

(s) Each commercial establishment shall be permitted to use temporary, portable signs intended to communicate with drivers on nearby roadways. These signs shall conform to the following standards:

[1] The sign shall not block traffic and sight lines or create a safety hazard of any type.

[2] The sign shall have no more than two faces, and each face shall have a sign area no larger than 10 square feet.

(t) Temporary detour signs, during road or other construction projects that divert traffic away from a business, to direct customers to the business's location. Up to three off-premises signs per business shall be permitted, none to exceed 32 square feet, which may be placed anywhere in the Town of Westfield with landowner permission.

(8) Sign area and height.

(a) Window signs. Signs placed in windows shall not cover more than 25% of the window area.

(b) Freestanding signs. Individual freestanding signs shall not exceed 60 square feet in area. Freestanding signs that are grouped together on one sign structure shall not exceed a cumulative total of 60 square feet per structure, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit.

(c) Projecting signs. Projecting signs shall not exceed 12 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no lower than 10 feet and no higher than 15 feet above the finished grade.

(d) Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.

(e) Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.

(f) Sign area bonuses. To encourage design excellence, the maximum sizes for individual signs specified above may be increased if the proposed sign(s) comport with the Town of Westfield Sign Design Guidelines and the criteria below are satisfied. Sign bonuses shall not apply to exempt signs or to freestanding signs that exceed six feet in height. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:

[1] Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.

[2] Twenty percent if the sign is the only sign identifying the establishment or its principal product.

[3] Twenty percent if the sign is not designed or used with illumination.

[4] Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection K(7)(f)[4], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.

(g) The total cumulative area of signs permitted on a single lot which will be attached to the building front shall not exceed an amount calculated at the rate of one square foot of sign area per linear foot of building front, plus one square foot of sign area for every four linear feet of setback of the principal building on the property.

(h) Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.

(9) Billboards. Billboards shall not be allowed in any districts (unless such signs preexist the enactment of this Subsection K), except under the following conditions:

(a) Billboards must be located within 1,000 feet of the New York State Thruway's northern right-of-way between the Town's eastern boundary and New York State Route 394 or the New York State Thruway's southern right-of-way between the Town's western boundary and New York State Route 394.

(b) Billboards must be in compliance with New York State Department of Transportation Highway Sign Program, the Federal Highway Beautification Act and the Federal Scenic Byway Program.

(c) Billboards shall be a maximum of 600 square feet for each sign oriented towards the New York State Thruway and a maximum of 300 square feet for each sign oriented towards other primary highways.

(d) Two billboards may be permitted on the same site location facing the same direction provided that they are immediately adjacent to each other and their total combined advertising area does not exceed the maximum allowable area for a single sign.

(e) Billboards shall have a maximum height of 30 feet as measured from grade level to the top of the sign or any part of its structure.

(f) Billboards shall be a minimum of 200 feet from the boundary line of any lot on which a residential dwelling unit is located.

(10) Nonconforming signs. All signs which have been lawfully erected prior to the adoption of this Subsection K shall be deemed to be legal and lawful nonconforming signs and may be maintained subject to the following provisions:

(a) Nonconforming signs may not be enlarged or increased in height.

(b) Nonconforming signs which are enlarged or increased in height in violation of this section must be removed.

(c) A nonconforming sign may not be relocated except when such relocation brings the sign into compliance with this section. Nonconforming signs which are relocated in violation of this section must be removed.

(d) The sign face of a nonconforming sign may be altered if the sign face is not thereby enlarged beyond the maximum area allowed by this chapter.

(e) If an applicant desires to replace a nonconforming sign with a conforming sign, any applicable permit fee otherwise provided for herein shall be waived.

(11) Procedures for obtaining a sign permit.

(a) Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or have its message changed.

(b) Application procedure. Applications shall be made to the Code Enforcement Officer on the form prescribed and provided by the Town of Westfield, accompanied by the required fee, and shall contain the following information:

[1] Name, address and telephone number of:

[a] Applicant;

[b] Owner of the property; and

[c] Contractor installing the sign.

[2] Location of the building, structure or land upon which the sign now exists or is to be erected.

[3] If a new sign is to be erected, elevation and plan drawings, to scale, shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall cover the following:

[a] Location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines;

[b] The method of illumination, if any, and the position of lighting or other extraneous devices;

[c] Graphic design including symbols, letters, materials and colors; and

[d] The visual message, text, copy or content of the sign.

[4] Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

(c) Permit.

[1] Upon the filing of a completed application for a sign permit and the payment of the required fee, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this article, the Code Enforcement Officer shall then, within 15 days of receiving the application, issue a permit for the erection of the proposed sign or for alterations of an existing sign. The issuance of the permit shall not excuse the applicant from conforming to the other laws, rules and regulations of the Town of Westfield.

[2] If the erection of the sign authorized under any such permit has not commenced within one year from the date of issuance, the permit shall become null and void but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional one year, upon payment of half of the original fee.

[3] Permit fee. Fees for the sign permits shall be fixed by the Town Board and listed in the fee schedule.

(12) Removal of signs.

(a) Signs advertising an establishment or institution that has permanently closed shall be removed within six months of such closure.

(b) The Code Enforcement Official shall notify, in writing, the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Code Enforcement Official shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.

(c) Upon failure to comply with such notice within the prescribed time, the Code Enforcement Official is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.

(d) Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Official to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection K(11)(c) above.

(13) Relief from strict application. The Town of Westfield recognizes that no sign law can be expected to anticipate every creative signage plan that may be devised, which, though not in strict compliance with this Subsection K, nevertheless is not objectionable by reason of aesthetics or safety. Accordingly, the Planning Board is hereby empowered to grant relief to an applicant from the strict application of this Subsection K. Such relief shall be granted only where the applicant provides sufficient grounds for a finding that the proposed sign or signage plan comports as much as feasible with the spirit and letter of this Subsection K and, though not in strict compliance therewith, remains aesthetically pleasing, promotes traffic safety and protects property values within the Town of Westfield.

(14) Sign design guidelines. The Town Board may adopt sign design guidelines developed specifically for the Town of Westfield or published for the general public or for another municipality. If such sign design guidelines are adopted, they shall be incorporated by reference into this chapter.

(15) Alternative track permit approval. A person wishing to erect signage not in compliance with the sign standards set out above in Subsections K(5) and (7) may request permit approval for an alternate signage plan, provided that such plan meets the following standards:

(a) It has no more than five signs, regardless of type;

(b) The signage does not exceed 200 square feet in total;

(c) No single sign exceeds 60 square feet;

(d) All proposed signs follow the sign design guidelines adopted by the Town Board;

(e) The application and signage plan are reviewed by the Planning Board to ensure compliance herewith.

L. Lakeshore regulations.

[Added 9-4-2002 by L.L. No. 5-2002]

(1) Purpose. Due to the unique features associated with lakeshore properties and the need to protect views, the following regulations shall apply to parcels located in the Residential-Lakeside (R-L) District. In cases of conflict with other regulations, the most stringent shall apply.

(2) Regulations.

(a) Setbacks. No principal structures intended for inhabitation shall be permitted within 25 feet of the landward edge of the natural feature protection line as defined by the New York State Department of Environmental Conservation (NYSDEC) as part of the Coastal Erosion Management Program (CEMP).

(b) Accessory buildings. Accessory buildings not utilized for inhabitation shall be allowed as permitted by § 185-20, when set back 25 feet or more from the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP. Accessory buildings less than 25 feet from the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP shall be allowed by special use permit in accordance with the provisions of Article XI, with special consideration given to the following:

[1] Visibility from adjacent parcels.

[2] Structure is sufficiently anchored to prevent movement due to wind, high waters, etc.

(c) Breakwalls. Any modifications of a shoreline shall be in accordance with New York State Department of Environmental Conservation Regulations.

(d) Fences. Any fence (except "safety fence," see definition[1]) proposed to be established within 25 feet of the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP shall be permitted by special use permit only, pursuant to Article XI, with special consideration given to the supplemental section on fences; and the following:

[1] Visibility from adjacent parcels.

[2] Height offense or wall.

[3] Type offense or wall.

[4] Materials used for fence or wall construction.

[1] Editor's Note: See § 185-13.

(e) Safety fence. Fencing used to provide a safety barrier from height hazards at the top of bluffs may be established by right when the following requirements are met:

[1] Setback. Fence shall be set back at least 10 feet from receding edge of bluff.

[2] Materials. Fence shall be not more than 20% solid (e.g., chain link, wire mesh).

[3] Height. Fence shall not exceed six feet in height.

(f) Preexisting fences. Owners of fences constructed prior to the effective date of this subsection that are greater than four feet in height shall apply for a special use permit pursuant to Article XI within one year from the effective date of this subsection. The review for which, based upon conditions of the Fence Law and this section, shall determine if there is a nuisance associated with the fence. If a nuisance exists, it shall be corrected within a reasonable time period as determined by the Town Board upon the recommendation of the Planning Board.

M. Adult uses.

[Added 6-7-2006 by L.L. No. 2-2006]

(1) Purpose. The Town and Village of Westfield have conducted a joint study of the potential secondary effects posed by adult businesses. This study, along with other similar studies, has shown that buildings and establishments operated as adult uses pose secondary effects that are detrimental and harmful to the health, safety, morals and general welfare of a community. In order to promote the health, safety, morals and general welfare of the residents of the Town of Westfield, this subsection is intended to control those secondary effects of adult businesses by restricting adult uses to nonresidential areas of the Town and otherwise regulating their operation.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADULT ESTABLISHMENT

A commercial establishment, including but not limited to an adult bookstore, adult eating or drinking establishment, adult theater, adult motel, adult massage establishment, nude model studio or other adult commercial establishment, or any combination thereof, as defined below:

(a) ADULT BOOKSTORE:

[1] A bookstore which has as a substantial portion (equal to or greater than 25%) of its stock-in-trade and/or floor area as hereinafter defined any one or more of the following:

[a] Books, magazines, periodicals or other printed matter which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

[b] Photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

[2] For the purpose of determining whether a substantial portion (equal to or greater than 25%) of an establishment includes an adult bookstore, the following factors shall be considered:

[a] The amount of floor area and cellar space accessible to customers and allocated to such uses; and

[b] The amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.

[3] For the purpose of determining whether a bookstore has a substantial portion (equal to or greater than 25%) of its stock in materials defined in Subsection (a)(1)[a] or [b] hereof, the following factors shall be considered:

[a] The amount of stock accessible to customers as compared to the total stock accessible to customers in the establishment;

[b] The amount of floor area and cellar space accessible to customers containing such stock; and

[c] The amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.

(b) ADULT EATING OR DRINKING ESTABLISHMENT An eating or drinking establishment which regularly features any one or more of the following:

[1] Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or

[2] Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

[3] Employees who, as part of their employment, regularly expose to patrons specified anatomical areas, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.

(c) ADULT THEATER:

[1] A theater which regularly features one or more of the following: [a] Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or [b] Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities, and which is not customarily opened to the general public during such features because it excludes minors.

(d) MASSAGE ESTABLISHMENT Any business where body rubs, body shampoos, massages or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800 et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise moms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.

(e) NUDE MODEL STUDIO Any place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons present either immediately or by videoconference or similar electronic means who pay money or any form of consideration for such observation.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

PERSON

A person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

SPECIFIED ANATOMICAL AREAS

(a) Less than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breast below a point immediately above the top of the areola; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

SPECIFIED SEXUAL ACTIVITIES

For the purpose of defining adult establishments:

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or

(c) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

SUBSTANTIAL CONNECTION

(a) In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

(b) In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

(c) In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.

(d) Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.

(3) Restrictions affecting adult uses. In addition to the other requirements of this subsection and the Code of the Town of Westfield, adult uses shall be permitted, subject to the following restrictions:

(a) No adult use shall be allowed within 1,000 feet of another existing adult use.

(b) No adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use.

(c) No adult use shall be located within 500 feet of a preexisting school or place of worship, day-care center or playground.

(d) No adult use shall be located in any zoning district except in the Manufacturing (M) District.

(4) Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection as follows:

(a) In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Clerk of the Town of Westfield, containing:

[1] The address of the premises.

[2] The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

[3] The name of the business or the establishment subject to the provisions of this subsection.

[4] The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this subsection.

[5] The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this subsection.

[6] The date of the initiation of the adult use.

[7] The exact nature of the adult use.

[8] If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

(b) If there occurs any change in the information required for the certificate of registration, the Clerk of the Town of Westfield shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.

(c) The processing fee for each such certificate of registration or amendment thereto shall be $500.

(d) A licensing fee in the amount of $500 per year shall be required of each and every business and/or establishment as defined under this subsection.

(e) No certificate of registration issued under the provisions of this subsection shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.

(f) The owner or manager of any adult use shall cause a copy of the certificate of registration issued under the provisions of this subsection to be prominently displayed on the premises, building or location for which it is issued.

(g) Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration, license or any document or information supplied therewith shall be grounds for the rejection, suspension or revocation of the certificate of registration.

(h) It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration and current valid license complying with this subsection.

(i) The Village of Westfield Police Department and Town Code Enforcement Officer shall be authorized to inspect and enforce all provisions of this subsection.

(5) Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

N. Solar energy systems.

[Added 7-12-2017 by L.L. No. 2-2017]

(1) Purpose. The Town Board of the Town Westfield, exercising the authority granted to under the Town Law of the State of New York to protect the health, safety, and welfare of the residents and property owners of the Town of Westfield, does hereby enact this subsection to regulate the construction, maintenance and placement of solar energy systems and equipment in the Town of Westfield. The purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of Westfield recognizes the importance of solar systems in generating electricity for on-premises and off-premises use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)

A solar energy system that consists of intergrating photovoltaic modules into the building structure. Technologies include PV shingles or tiles, PV laminates and PV glass. Examples of placement include vertical facades, semi-transparent skylights, awnings, fixed awnings and roofs.

GROUND-MOUNTED SYSTEMS

A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM

Solar energy systems located on land in the Town of Westfield used primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have the capacity to produce more than 25KW per hour of energy.

ROOF-MOUNTED SYSTEM

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof-mounted systems shall be located on a roof of a permitted principal use or accessory structure.

SMALL-SCALE SOLAR

A solar energy system that is installed and placed for the production of energy for consumption only on site and that has the capacity to produce less than 25KW per hour of energy.

SOLAR ENERGY EQUIPMENT

Energy storage devices, materials, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY PRODUCTION FACILITY

Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.

SOLAR ENERGY SYSTEM

Includes a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

(3) Applicability.

(a) The requirements of this subsection shall apply to all solar energy systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair.

(b) All solar energy systems shall be designed, erected and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA 70), and local regulations.

(c) Under SEQRA regulations, actions are classified as Type I, Type II, or unlisted actions. Type II actions are exempt from review and include actions such as the construction, expansion or placement of minor or accessory structures. The Town of Westfield considers building-integrated solar components and small-scale systems to be Type II actions and therefore exempt from all SEQRA requirements, including the submission of an EAF (environmental assessment form). Large-scale systems and solar energy production facilities that meet thresholds contained in the SEQRA regulations and are considered more likely than others to have a significant adverse impact shall be considered Type I actions. However, the need for a complete environmental impact statement (EIS) shall be determined by the permitting board on a case-by-case basis in accordance with the significance of the potential adverse environmental impact.

(4) Solar as an accessory use/structure. This subsection governs the placement and installation of small-scale solar systems as defined herein. The installation of small-scale solar systems does require the applicant to obtain a building permit from the Town of Westfield.

(a) Roof-mounted systems. Roof-mounted systems are permitted as an accessory use in all zoning districts when attached to a lawfully permitted principal structure and/or accessory structure, subject to the following requirements:

[1] Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.

[2] Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

[3] Aesthetics. Solar energy equipment shall incorporate the following design requirements:

[a] Solar energy equipment shall be installed outside the primary residence or accessory structure and as close to a public utility electrical meter as possible.

[b] Roof-mounted panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

[c] Access and pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7.1 through R324.7.6.

EXCEPTIONS:
[i]	Roof access, pathways and spacing requirements need not be provided where an alternative ventilation method has been provided, or where vertical ventilation techniques will not be employed.
[ii]	Detached garages and accessory units.

[d] Size of solar photovoltaic array (324.7.1). Each photovoltaic array shall not exceed 150 feet in any direction (45,720 mm).

[e] Roof access points (324.1.2). Roof access points shall be located:

[i] In areas that establish access pathways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.

[ii] In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.

[iii] At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.

[iv] Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.

[v] Where the roof access point does not conflict with ground obstructions such as decks, fences or landscaping.

[vi] In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.

[f] Ground access areas (324.7.3). Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.

[g] Single ridge roofs (324.7.4). Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two thirty-six-inch-wide (914 mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.

EXCEPTIONS:
[i]	Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.
[ii]	Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.
[iii]	One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.

[h] Hip roofs (324.7.5). Panels, modules and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914 mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.

EXCEPTIONS:
[i]	Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.
[ii]	Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[i] Roofs with valleys (324.7.6). Panels and modules shall not be located less than 18 inches (457 mm) from a valley.

EXCEPTIONS:
[i]	Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[j] Allowance for smoke ventilation operations (324.7.7). Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.

EXCEPTIONS:
[i]	Where an alternative ventilation method has been provided or where vertical ventilation methods will not be employed between the uppermost portion of the solar photovoltaic system and the roof ridge or peak.
[ii]	Detached garages and accessory structures.

[4] Notification to the fire service. Notification, in writing, to the fire department having operational authority at the location where the system will be installed shall be made no later than 10 days following installation:

[a] Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shutdown operation of unit so as to have the ability to cut power from the solar panels.

[b] In addition a proper written statement showing the method of shut down shall be posted inside the main electrical panel of the unit which can be readily accessible for and to firefighting personnel.

(b) Ground-mounted systems.

[1] Ground-mounted solar energy systems are permitted as an accessory structure in all zoning districts, subject to the requirements set forth in this subsection.

[2] All ground-mounted solar panels in residential districts shall be installed in the rear yard. If a side yard installation is applied for, it shall be subject to all setback requirements of the underlying zoning district, and such an application for side yard shall require site plan review by the Town of Westfield Planning Board.

[3] Setback(s). Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

[4] Height. Solar panels are restricted to a height of 15 feet when located with a minimum setback distance of 10 feet from a lot line; a height of 20 feet when located with a minimum setback distance of 15 feet from a lot line; and maximum height of 25 feet when located with a setback distance of 25 feet or greater. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.

[5] Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations and shall not exceed 30% of the lot size.

[6] Other.

[a] Any application for installation and placement of small-scale solar energy system under this subsection in a side yard location shall require an application containing a site plan showing the location of all solar energy system components, their location on the premises, their location on the premises in relation to the property line and any and all structures on the premises, and the nearest structure located on the premises adjacent thereto.

[b] The site plan for such installation shall be reviewed by the Planning Board and shall be approved by a majority thereof.

(5) Solar as principal use.

(a) Large-scale solar energy systems are permitted by the issuance of a special use permit by the Town Board within the Residential-Agricultural (R-A) District, subject to the requirements set forth in this subsection.

[1] Every application for a large-scale system within the Town of Westfield shall be made to the Town Board and shall be approved by a majority vote thereof.

[2] Prior to Town Board review of the application, it may refer said application to the Planning Board for site plan review, report and recommendation for approval or disapproval.

[3] The Town Board shall hold a public hearing upon 10 days' notice duly posted and published in the official newspaper of the Town and on the Town bulletin board before granting the special use permit.

(b) Special use permit application requirements. Every application for a special use permit under this subsection shall contain the following information:

[1] Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

[2] Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.

[3] If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements.

[4] Blueprints showing the layout of the proposed system signed by a professional engineer or registered architect.

[5] Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors that are to be installed.

[6] A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

[7] Decommissioning plan.

[a] To ensure the proper removal of large-scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures, including the removal of concrete to a depth of four feet, and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take inflation into account. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner.

[b] A form of surety, through escrow, bond or the equivalency of, shall be established prior to the commencement of construction to cover the cost of decommissioning the site. The amount of surety required may not exceed 125% of the estimated cost to decommission.

(c) Special use permit standards.

[1] Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special use permit process.

[2] Large-scale systems shall be located on lots with a minimum lot size that is large enough to accommodate the proposed system and still meet the required setback requirements for the zoning district.

[3] All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.

[4] On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

[5] The removal of existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar installation.

(6) Solar storage batteries.

(a) If solar storage batteries are included as part of the solar energy collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electric Code.

(b) When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable federal or local disposal rules or regulations.

(7) Violations.

(a) Any violation of any provisions of this subsection shall be punishable by penalty or a term of imprisonment as prescribed in § 268 of the Town Law of the State of New York.

(b) Notwithstanding the above, the Town Board of the Town of Westfield hereby reserves the right to proceed to enforce the provisions of this subsection by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.

§ 185-44 Height regulations.

A. The height limitations of this chapter shall not apply to:

(1) Church spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials, water tanks, elevators, penthouses, conveyors and scenery lofts, provided that the aggregate horizontal area of such part shall not exceed 20% of the ground floor area of the main building.

(2) Public or nonprofit institutional buildings in any R or C District, provided that each required front, side and rear yard is increased one foot for each one foot of the building height which exceeds the maximum height permitted in the district.

(3) A parapet wall extending above the height limit by not more than four feet.

B. Accessory buildings. Buildings accessory to residential uses shall not exceed 30 feet in height, and all other uses shall not exceed the limitations of principal buildings.

[Amended 5-5-2010 by L.L. No. 3-2010]

§ 185-45 Area and yard regulations.

A. Exceptions for lots of record. The requirements of this chapter with respect to the area and width of any lot shall not be construed to prevent the erection of a one-family dwelling on any lot of record at the effective date hereof, regardless of the area or width of such lot, provided that such use is permitted in the district in which the lot is located and the yard setbacks (front, side and rear) and other requirements of the district and this chapter are met. Contiguous vacant lots in the same ownership having aggregate frontage of more than 80 feet shall not qualify for this exception as to width. Transfer of any such contiguous lot to another owner shall not qualify it for this exception.

[Amended 7-1-1998 by L.L. No. 1-1998]

B. Vision clearance at intersections. Clear vision shall be maintained in the triangular area of a corner lot formed by intersecting street lines and a line connecting them at points 30 feet distance from their intersection. In such area no tree, shrub or other planting shall be placed or permitted to remain and no structure shall hereafter be permitted which obstructs sight lines at elevations between two feet and six feet above the street grade.

C. New street line determines building line. If a new street line has been established in anticipation of future street widening, such new street line shall be used in determining front yard depth or side yard width, as the case may be.

D. Location and coverage of accessory buildings. In any R District, or in a C, M or C-M District where yards are required, permitted accessory buildings shall not:

(1) Be placed in any required side yard or front yard, except as hereinafter specified in this subsection.

(2) Occupy more than 25% of any required rear yard.

(3) Be nearer than 10 feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurement.

E. Corner lot modification. In the case of a corner lot in an R District, all buildings shall comply with front yard requirements on both streets, except that if the rear lot line of such corner lot is also the rear lot line of the adjoining lot on the side-street, the side-street side yard shall not be less than 25 feet; provided, however, that no projections other than roof projections shall be permitted in said side yard. When the rear of any corner lot abuts any lot facing on a street, which street is a side street in relation to said corner lot, any accessory building on the corner lot shall be located at a distance from the rear lot line of the corner lot equal to 10% of the depth of the corner lot, but in no case shall this distance be less than 10 feet nor need it be more than 25 feet.

F. Front yard exceptions. If, on one side of a street within a given block (or within 500 feet on each side for rural roads for which the concept of a "block" cannot be practically applied), there are existing buildings at the time of passage of this chapter, then the depth of the required front yard will be the average depth of the front yards of the above buildings, as measured from the front lot line to the main front wall of these same buildings, and as determined by the Code Enforcement Officer; provided, however, that no front yard shall be required of more than 60 feet in depth.

G. Projections into yards. The following structures shall be allowed within required yards:[1]

(1) Balconies, bay windows, chimneys and roof projections not exceeding three feet (corner lots subject to Subsection E of this section).

(2) Unenclosed porches projecting into any required side or rear yard not more than 1/4 the required width or depth of such yards (corner lots subject to Subsection E of this section).

(3) Unenclosed step not extending above the floor level of the first story (corner lots subject to Subsection E of this section).

[1] Editor's Note: Former Subsection G(1), (2) and (3) was repealed 8-7-2002 by L.L. No. 4-2002 and former Subsection G(4), (5) and (6) was renumbered G(1), (2) and (3) to maintain the Code's organizational structure.