For the purposes of this chapter, certain terms
or words herein shall be defined or understood as follows:
A.Â
The singular includes the plural.
B.Â
The word "person" includes a corporation in addition
to a natural person.
C.Â
The word "lot" encompasses the words "plot" and "parcel."
D.Â
The term "shall" includes the term "will" and is always
mandatory.
E.Â
The words "used" and "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
Certain words and terms used in this chapter
are defined as follows:
A secondary apartment developed in an existing single-family
dwelling which meets the following conditions: no more than one unit
shall be created per dwelling unit in districts where multiple units
are allowed, the apartment shall be between 600 and 800 square feet
in floor space with the resultant primary dwelling meeting all area
requirements such as minimum floor space, sufficient off-street parking
shall be provided and no visible signs of an apartment shall be present.
One which is subordinate to and serves a principal building
or principal use, is subordinate in area, extent or purpose to the
principal building or principal use served, contributes to the comfort,
convenience or necessity of occupants of the principal building or
principal use served and is located on the same lot as the principal
building or principal use served but is not allowed to be located
in the front yard.
See "temporary dwelling unit, mobile."
See "accessory building or use."
State-licensed home which provides meals, supervision and
some personal care assistance to persons who do not qualify for nursing
home level of care. Residents must be able to get themselves to meals,
feed themselves and not require skilled nursing. Registered nurses
or licensed practical nurses may not be employed here.
Any structure used primarily and directly for agricultural
activities and including, but not limited to, barns, silos, storage
sheds, corn cribs, milk houses and similar structures.
The raising of crops, animals or animal products; the selling
of products grown on the premises; and other commonly accepted agricultural
operations. Incidental mechanical processing and sale of products
grown on the premises are included in the definition.
The production of crops, plants, vines and trees, provided
that no substantial odor or dust is produced within 100 feet of any
building on adjacent property.
Any land or water space frequently used for the landing and
takeoff of any aircraft, including helicopters. All airports must
comply with federal and state regulations and be approved by the New
York State Commissioner of Transportation.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or increasing in height, or moving
from one location or position to another; the term "alter" in its
various modes and tenses and its particular form shall refer to the
making of an alteration.
An individual appointed by the Village Board of Trustees
when a regular member is unable to participate on an application or
other matter before the respective board, as provided herein.
[Added 6-17-2002 by L.L. No. 4-2002]
Any animal other than pigs or fur-bearing animals which is
customarily raised for profit on farms and has the potential for causing
a nuisance if not properly maintained and cared for.
A building arrangement, intended or designed to be occupied
by four or more families living independently of each other. Condominiums
and townhouses of the size specified in this definition shall be considered
to be apartment houses for the purpose of zoning district regulations.
Compare with "duplex" and "triplex."
A prominent or characteristic part of a building. The following
are examples of architectural features: windows, columns, awnings,
marquees and fascias.
[Added 7-21-2008 by L.L. No. 4-2008]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
See "zoning variance."
Any pennant, streamer, spinner, light, balloon or similar
device or ornamentation used for purposes of attracting attention.
[Added 7-21-2008 by L.L. No. 4-2008]
The use of a parcel of land or portion of any lot or plot,
whether inside or outside a building, for the replacement, repair
or painting of all or portion of an auto body or bodies.
A roof-like mechanism, retractable in operation, which projects
from the wall of a building.
[Added 7-21-2008 by L.L. No. 4-2008;
amended 3-17-2014 by L.L. No. 1-2014]
This designated flood standard has a one-percent chance of
being equaled or exceeded in any given year.
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, below
the average established curb level or finished grade of the ground
adjoining the building. "Cellars" are included in this definition.
A one-family residential dwelling in which the resident owner
makes available between one and three rooms as sleeping units for
overnight accommodations to transient, paying guests, with or without
inclusion of one daily morning meal per paying guest as part of the
accommodation provided.
A sign larger than 15 square feet advertising a business,
product or service that is not available at the site where said sign
is located.
[Amended 3-17-2014 by L.L. No. 1-2014]
Any dwelling in which persons are housed or lodged for payment
of rent on an extended basis. A house or furnished rooming house shall
be deemed a boardinghouse if more than one room within it is available
to rent on an extended basis to nontransient persons. A boardinghouse
also furnishes meals in addition to lodging.
A strip of land, fence or border of trees, etc., between
one use and another, which may or may not have trees and shrubs planted
for screening purposes, designed to set apart one use from another.
An appropriate buffer may vary depending on uses, districts, size,
etc., and shall be determined by the permitting Board.
Any structure having a roof supported by columns or by four
walls and intended for the shelter, housing or enclosure of persons,
animals or chattel.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces or steps. All dimensions
shall be measured between the exterior faces of walls.
See "lot coverage."
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, “building frontage”
shall mean that portion of the building perimeter facing a street
or designated parking area; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
[Added 7-21-2008 by L.L. No. 4-2008]
The vertical distance from the mean finished grade to the
uppermost roofline of the building.
The sum of the stories and half-stories, as defined in this
definitions section, contained within a building.
A sign which identifies the name of the building and does
not identify any individual business activity.
[Added 3-17-2014 by L.L. No. 1-2014]
A line formed by the intersection of a horizontal plane of
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
See "zoning permit."
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and the edge of the road of an adjacent highway. See also "street
line."
Uses requiring a permit but with no public hearing required,
to be so construed throughout this chapter.
A roof structure constructed of fabric or other material,
placed so as to extend outward from a building, providing a protective
shield for doors, windows, and other openings, supported by the building
and supports extended to the ground directly under the canopy or cantilevered
from the building.
[Added 3-17-2014 by L.L. No. 1-2014]
A parcel of land for the public selling or offering for sale
of two or more vehicles at any one time.
An establishment for the washing of motor vehicles as a principal
use.
See "basement."
A facility:
[Amended 6-18-2018 by L.L. No. 1-2018]
A nonprofit or social organization which is not adjunct to
or operated by or in connection with a public tavern, cafe or other
public place.
A residential development of five acres or more where a developer
may elect, after Board approval, to cluster or group his residential
development in return of the permanent creation of common areas. The
density development shall be approximately equal to that specified
in the district area requirements.
See "Zoning Officer."
Business use intended for the sale of goods or personal services,
i.e., department stores, restaurants and taverns, but excluding gas
stations, garages, car washes, utility, agricultural, warehouse and
all other uses defined separately within this section.
A parcel or parcels of land or an area of water or a combination
of land and water designed and intended for combined private or public
use or enjoyment of the space. Common areas may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit and enjoyment of the space.
A public or private building or structure for community use
with no commercial activities being conducted therein.
The officially adopted Comprehensive Master Plan for the
Village of Westfield.
Individual ownership of a dwelling unit in a multiunit structure;
also a unit so owned.
A building or group of buildings offering overnight accommodations
to transients and the service of meals, in which the service of alcoholic
beverages, if any, is incidental to providing sleeping accommodations
and the service of meals.
[Added 4-3-2008 by L.L. No. 1-2008]
A manufactory for the production or finishing of custom or
hand-made commodities in small quantities, using techniques which
do not involve mass production.
[Added 4-3-2008 by L.L. No. 1-2008]
An unroofed open structure projecting from an outside wall
of a structure without any form of enclosure other than a safety or
decorative railing.
The legal or beneficial owner or owners of all land proposed
to be included in a planned development.
Any man-made change to improved or unimproved real estate,
including but not limited to the dedication of land to a use, construction
of buildings, reconstruction of buildings, dredging, filling, grading,
construction of tanks or other storage facilities, pumps, pumping
stations, waste treatment facilities, commercial excavation, dumping
or landfill operation.
See "zoning district."
See "kennel."
Includes cats and dogs only.
A mobile home consisting of two sections intended to be joined
during final assembly on a site; also known as a "two-section home"
or a "double-section home." See definition for "mobile home."
Business designed to either wholly or in part provide services
or products to customers who are in their vehicles parked on the premises.
Examples include, but are not limited to, film shops, drive-in theaters
and fast-food restaurants equipped with "drive-through" counters.
Any container designed for the temporary storage of refuse,
debris, and garbage that has or exceeds a volume of two cubic yards.
[Added 1-4-2010 by L.L. No. 2-2010]
A dumpster used to store refuse, debris, and garbage produced
by and during construction, repair, or renovation, and similar temporary
uses performed on a structure on the property on which the dumpster
is located.
[Added 1-4-2010 by L.L. No. 2-2010]
A dwelling arranged, intended or designed to be occupied
by two families living independently of each other.
A building or portion thereof providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities. Dwelling units do not include "mobile homes"
and "temporary dwelling units, mobile."
Places where food and/or beverages are prepared and/or sold
for consumption on or off the premises, including restaurants, tearooms,
cafeterias, bars, taverns and lunchrooms.
The Zoning Officer of the Village of Westfield.
A form used in the state environmental quality review process
to assist in determining the environmental significance or nonsignificance
of an action or project.
A written document required for each Type I and unlisted
action which the applicable Board determines may have a significant
effect upon the environment.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of gas,
electrical, steam, water, sewage and communication systems and facilities.
Railroad trackage and facilities and bus shelters shall also be considered
as providing an essential service.
A direct entrance from a public way to a habitable or tenantable
space.
[Added 7-21-2008 by L.L. No. 4-2008]
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as single, nonprofit
housekeeping unit.
Any parcel of land which is at least 10 acres and used principally
for the raising of agricultural products or the keeping of poultry,
fowl, livestock or domestic animals, including necessary farm structures
and the storage of farm equipment. The term excludes the raising of
fur-bearing animals, riding academies, stables, feed lots and dog
kennels.
Any activity customarily carried on upon a farm, such as
cultivation of land and animal husbandry.
Any artificially constructed barrier with the purpose or
intent of preventing passage and affording privacy.
[Amended 4-15-1996 by L.L. No. 2-1996]
Any fence which is located near the perimeter of the property
of which it is intended to provide privacy.
Any fence, whether located on a farm or not, which has as
its primary purpose the control of nondomestic animals.
Any fence located a distance from the property line which
provides privacy to a portion of land such as a patio or swimming
pool.
Any material(s) which possesses the properties, construction
or assembly qualities, which, under fire conditions, prevent or retard
the passage of excessive heat, gasses or flames, and thus is not easily
ignited.
Any state, municipal, county or national flag, open-for-business
flag, or flag signifying a holiday or special event.
[Added 7-21-2008 by L.L. No. 4-2008]
Capable of igniting within five seconds when exposed to flame
and continuing to burn after such exposure.
A temporary-seasonal event where individual stands or spaces
are provided to two or more persons for the purpose of selling, buying
or exchanging goods and/or wares and where all required on-premises
parking is designated and provides for the safe loading, unloading
and movement of people. Upon issuance of a special use permit, collection,
storage or display activities shall be permitted for one day before
the day of the auction or sale and shall be removed immediately from
the premises at the close of business on the last day.
[Added 6-4-2007 by L.L. No. 1-2007]
Any zoning district for which district regulations are included
in this chapter and for which no land has initially been designated
on the Zoning Map to be included in said district. Such a district
may become a reality through the amendment of the Zoning Map in accordance
with the amendment procedures of this chapter. The initiation of the
creation of said district may come from Village residents, the Village
Planning Board, a developer or the Village Board itself, while the
decision whether to activate said district shall be made based upon
the need for such a district.
The official map issued by the Federal Insurance Administration
where the areas of special flood hazard have been designated Zone
A.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation of runoff
or surface waters from any source.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
or any area subject to the unusual and rapid accumulation of runoff
or surface waters from any source.
The level and elevation above which a particular use will
be considered safe from flooding. Such estimates are updated with
the one-hundred-year flood evaluation. Such elevations will be designated
at various appropriate points on the Official Map.
The designated area of a floodplain required to carry and
discharge waters of a given magnitude.
The designated area of a floodplain adjacent to the floodway
within the one-hundred-year special flood area.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
outside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
The whole masonry substructure of a building or the supporting
part or member of a wall or structure, including the base course or
footing courses in a frame house, the whole structure being of masonry,
i.e., stone, poured concrete, concrete block.
The distance between the front lot line and the front line
of a principal building.
Foot, feet, ft.
A building used for preparation and ceremonies connected
with the burial and/or cremation of the dead.
A secondary building or accession to a building used in conjunction
with a primary building which primarily provides for the storage of
motor vehicles and in which no occupation, business or services for
profit are carried on.
Any garage other than a private garage, operated for profit,
available on a rental basis for the storage of motor vehicles, including
the supply of gasoline and oil.
See "trash."
See "motor vehicle service station."
See "retail business."
See "service business."
See "wholesale business."
The average grade level of the ground measured at the front
wall of the building.
A lot of land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a zoning permit(s) has been
made.
Those wastes listed in 6 NYCRR 370 through 373.
Licensed or unlicensed automobile wreckers, commercial trailers,
semi-trailers, tractor-trailers, tractors (a truck with a cab and
chassis only that may be used to haul detachable trailers), backhoes,
front loaders, loaders, bulldozers, dozers or any other large vehicle
or truck or piece of equipment that is in excess of 13,500 pounds
GVW (gross vehicle weight).[1]
[Amended 7-10-2006 by L.L. No. 4-2006]
See "street."
See "housing, elderly."
An occupation or profession carried on by the inhabitants
thereof, which is clearly secondary to the use of the dwelling for
dwelling purposes and does not substantially change the character
of the dwelling or neighborhoods. Home occupations shall meet all
conditions specified in the section on home occupations.[2]
Property owners who agree by contract to provide regulations
for the operation and maintenance of commonly owned facilities or
open space.
The growing of fruits, vegetables, flowers or ornamental
plants for personal pleasure or use; also referred to as a "private
garden."
A facility licensed in the State of New York and used for
the diagnosis, treatment, or other care of human ailments, including
a clinic, adult home, nursing home, or medical center. A "hospital"
may include accessory uses such as but not limited to offices for
hospital administrators and hospital employees; hospital support facilities,
such as medical laboratories, diagnostic testing centers, physical
therapy, and pharmaceutical facilities; storage facilities for medical
equipment, supplies, and records; hospital operations and maintenance
facilities, such as food service and laundry facilities, housekeeping
and maintenance storage areas; extended care facilities; overnight
accommodations and cafeteria facilities for on-duty hospital employees
and medical residents; medical libraries, research and educational
facilities; cogeneration, incineration, water, electrical and heating
equipment facilities; and off-street parking facilities.
[Added 7-15-2019 by L.L. No. 1-2019]
A facility for the diagnosis and medical care of sick or
injured animals.
A building or any portion thereof which contains living and
sleeping accommodations for transient occupancy and may have a common
exterior entrance or entrances and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of the personal need of its
occupants.
Includes lawn sales, patio sales, garage sales, basement
sales, flea markets, bazaars or other similar types of sales. A household
sale shall be distinguished from a business in that it involves the
infrequent sale of used merchandise which, for private sales, was
not obtained outside the household. Nonprofit or fraternal organizations
may obtain their sale items from donations received from members or
other sources.
Apartments containing eating, sleeping and living space and
designed for fully independent elderly residents. Generally, these
apartments container smaller than normal floor space, require less
parking and less active recreation area. Common eating areas may be
provided.
A professional office (defined below) located within a residential
dwelling.
The manufacture, preparation, processing, milling or repair
of any article, substance or commodity.
See "hotel."
A motor vehicle (excluding farm vehicles) which is not intended
for, or in condition for, legal use on public highways and/or is in
the process of being dismantled.
See "scrap yard" and "vehicle dismantling yard."
Any premises upon which five or more dogs or cats over six
months old are housed, groomed, boarded, trained or sold.
Changing or enhancing the natural features of a plot of ground,
usually a building, so as to make it more attractive, as by adding
lawns, trees, shrubs, bushes, etc.
Any gathering of 500 or more people, occurring on a nonregular basis and involving either the charging of a fee, request for a donation or sale of goods and services. See § 155-64 of this chapter for exceptions from this definition.
A business premises equipped with individual clothes washing
and drying and/or cleaning machines for the use of retail customers.
That area comprised of the enclosed occupied living accommodations
within a residence, exclusive of unfinished basements, garages and
open porches.
An off-street space area or berth with an appropriate means
of access to a street or way, intended for the temporary parking of
a vehicle(s) while loading or unloading merchandise and materials.
A law adopted and enacted by the Village of Westfield, unless
otherwise noted.
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
[Added 5-20-2013 by L.L. No. 3-2013]
Any land for which a deed has been or may be filed in the
Chautauqua County Clerk's office. This land shall have at least sufficient
size to meet minimum requirements for use, coverage and area and to
provide such yards and other spaces as are required by this chapter.
That percentage of the lot which is devoted to building area.
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
The established division line or boundary line between different
parcels of property.
The lot line which abuts upon the median of a street or highway
right-of-way boundary.
The line opposite and most distant from the front lot line.
Any lot line other than a front or rear lot line.
Any lot which does not conform to the minimum area and/or
dimensions required in the district in which it is situated and/or
does not have its principal frontage on a public street or an officially
approved place.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
A facility, other than a hospital as herein defined, in which
one or more doctors, dentists, or other health care professionals
or similar professionals trained in the healing arts, assisted by
a staff, treat patients solely on an outpatient basis for a length
of time that does not include overnight care.
[Added 7-15-2019 by L.L. No. 1-2019]
A facility primarily engaged in providing analytic or diagnostic
testing services to the medical and dental profession.
[Added 7-15-2019 by L.L. No. 1-2019]
The removal or extraction of topsoil, sand, gravel or minerals,
such as ores or rock, whether by drilling, tunneling or open pit methods.
See "mobile home."
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width and 40
body feet in length, containing 400 or more square feet of interior
space when erected on a site. A mobile home is built on a permanent
chassis [meaning the steel understructure remains with the unit when
placed on a site, with or without the wheels utilized in transportation,
the permanent chassis being a design feature allowing the future removal
of the unit(s) from a site]. The removal of wheels or the anchoring
of a mobile home to a permanent foundation shall not remove it from
this definition. A mobile home is designed to be used as a dwelling,
with or without a permanent foundation, when connected to the required
utilities and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. Under the definition of "mobile
home" are included the following terms: single-wide or single-section
home; double-wide or double-section home; and triple-wide or multisection
home or triple-section home. Every mobile home shall have a manufacturer's
label which certifies that, to the best of his knowledge and belief,
the home is in compliance with all applicable federal construction
and safety standards. Every mobile home shall bear a data plate, affixed
in the manufacturing facility, bearing not less than the following
information: the statement "this mobile home is designed to comply
with the federal mobile home construction and safety standards in
force at the time of manufacture" and reference to the structural
zone and wind zone for which the home is designed.
A parcel of land upon which two or more mobile homes are
set up for living purposes.
See "dwelling unit."
See "funeral home/parlor."
See "hotel."
A self-propelled, relatively small, temporary living quarters
generally used as a motor vacation home. Motor homes generally have
self-contained, independent utility systems.
See "hotel."
NOTE: "Junk vehicles" and "heavy vehicles" are defined individually
elsewhere in this section.
Any area of land, including structures thereon, which is
used for the retail sale of fuel and related oil products and may
contain facilities for the sale of motor vehicle accessories and which
may or may not include facilities for lubricating, washing or otherwise
performing both routine and major service upon motor vehicles, but
does not include the painting thereof by any means, body or fender
work or the long-term dismantling or replacing of engines. See "gas
station."
The Village of Westfield, unless otherwise noted.
That use of a building, structure or land legally existing
at the time of enactment of this chapter or amendment thereto and
which is not a use permitted in the zoning district in which it is
situated at the time of enactment of this chapter or amendments thereto.[3]
A violation of this chapter caused by a use which produces
effects of such nature or degree that they are detrimental to the
health, safety and general welfare by resulting in harm or injury
to adjacent or nearby property and populace. Common examples include
excessive odors, noise, smoke, vibrations, light, runoff, traffic,
development density, electronic interference, etc.
See "day-care center."
A proprietary facility, licensed or regulated by New York
State, for the accommodations of convalescents or other persons who
are not acutely ill and not in need of hospital care, but who require
skilled nursing and related medical services which are prescribed
by or performed under the direction of a person or persons licensed
to provide such care or services in accordance with the State of New
York.
An office for the use of a professional nature as defined
herein or any similar type of profession, maintained for the conduct
of business other than manufacturing or mercantile.
[Amended 7-15-2019 by L.L. No. 1-2019]
The waters of a flood that on average is likely to occur
once per 100 years.
Common public or private greens, parks or recreation areas,
including playgrounds, woodland conservation areas, walkways, trails,
stream crossings and drainage control areas, golf courses, swimming
pools, tennis courts, ice-skating rinks and other similar nonoffensive
recreation uses, but which shall not include any uses or activities
which produce noise, fire hazards or other safety hazards or any use
or activity which is operated for a profit or other uses detrimental
to existing or proposed adjacent structures or to the existing or
proposed development of the neighborhood.
See "lot."
Any space used for the storage of more than three vehicles
on a continuing basis, such space either being for hire or accessory
to an existing building or use of land.
An off-street area or berth, with an appropriate means of vehicular access to a street or drive, intended for the temporary storage of vehicles. See Article VI, Supplemental Regulations.
A recreation/relaxation outdoor area that adjoins a dwelling,
is often paved, brick, etc., and is adapted especially to outdoor
activity.
Oil of any kind, including but not limited to refined or
unrefined oil, petroleum, gasoline, kerosene, fuel oil, waste oil,
oil refuse and oil mixed with other than dredged spoil.
The Planning Board of the Village of Westfield unless otherwise
noted.
An individual appointed by the Village Board of Trustees
to serve on the Village Planning Board pursuant to the provisions
of local law or ordinance which first established such Planning Board.
[Added 6-17-2002 by L.L. No. 4-2002]
See "site plan."
See "lot."
A roofed, open structure projecting from an outside wall
of a structure, exclusive of stairs or steps, without enclosure, with
the exception of hand and decorative railing.
Any use, either conforming or nonconforming with this chapter,
that is legally existing at the enactment date of this chapter.
See "dwelling unit."
The primary use of land or buildings, as distinguished from
a subordinate or accessory use.
A parcel of land on which a travel trailer, tent, cabin or
other structure is present for use on a seasonal basis for leisure
or recreation purposes.
A pool constructed on a lot designed to be used by the occupants
of the lot, excluding private or club use.
A person or persons engaged in a professional occupation
licensed by the state or federal government or regulated by professional
associations. Included are doctor, attorney, architect, engineer,
public accountant, dentist, surveyor, podiatrist, real estate broker,
insurance agent, chiropractor, physical therapist, planner or veterinarian
(except when the veterinarian boards or houses animals overnight).
A building occupied and used exclusively as offices for practitioners
licensed to practice and engage in the professions of medicine, dentistry
and similar health care professions and as offices for laboratories
that are concomitant and coincident with the practice of such professions.
[Added 7-15-2019 by L.L. No. 1-2019]
See "office."
Owned, operated or controlled by a governmental agency (federal,
state or local), including a corporation created by law for the performance
of certain specialized governmental functions, a public school district
or service district.
See "sign, public."
A building, structure or lot used for or in connection with
the transmission, distribution or relation of water, sewer, gas, electric,
telephone or other public utility service.
Any passageway, highway, street or waterway used by members
of the public. This shall include any parking lot to which members
of the public are invited, as customers or otherwise.
[Added 7-21-2008 by L.L. No. 4-2008]
The distance between the rear lot line and nearest point
of a building.
A vehicle primarily designed as temporary living quarters
for recreation, travel or camping use, which either is self-propelled
or towed by another vehicle. Examples include travel trailers, pickup
camper, self-propelled recreational vehicle, converted bus, etc.
Land or structures designed for recreation for any age group.
Recreational facilities operated as a business and open to
the general public for a fee. This definition includes only those
facilities which can confine noise, lights and other potential nuisances
to their own premises. Recreational facilities shall include but not
be limited to golf courses, ice-skating rinks and swimming pools.[4]
The permanent program which is entered into only after detailed
flood information is provided by the Federal Insurance Administration
(e.g., floodway, floodway fringe area, Flood Insurance Rate Map).
An establishment primarily providing household appliance
repair, furniture repair, office machine repair, bicycle repair and
similar services within a fully enclosed building. This does not include
the maintenance and repair of lawnmowers, snowmobiles, motor vehicles,
motorcycles, boats and similar items.
[Added 4-3-2008 by L.L. No. 1-2008]
See "apartment house."
A detached building designed to contain one dwelling unit.
Either a building having two side yards and accommodating
only two dwelling units or a detached building containing two dwelling
units separated by a party wall, each having one side yard. Compare
with "duplex."
The creation of one or more additional dwelling units within
an existing residential structure in accordance with conditions set
forth in this chapter.
Any single-family or multifamily residence as defined.
A building wherein food or beverages are available for on-site
consumption, including drive-in food service.
See "adult home."
A business whose purpose is the sales of one or more articles
of merchandise or one or more services at retail. Retail outlets in
which very minor manufacture or processing are incidental to the sale
of goods or services in the same premises are included in this definition.
Any retail business which has a minimal negative impact and can meet
the regulations as specified in this chapter shall be allowed in addition
to the specifically enumerated retail uses listed in the zoning district
regulations sections.
Land and the buildings upon it that are used for the teaching
of horseback riding and/or used for the rental of horses for trail
riding.
That line which measures the right-of-way of any road and
which is established by the village, town, county or state having
jurisdiction over the road.
See "street."
A structure, either enclosed or open, a booth or a transportation
vehicle, the purpose of which is the sale of produce and other farm
products to the general public. "Roadside stands" are located along
a roadway in such a manner as to provide safe and convenient off-street
parking. All applicable conditions in this chapter must be met.
Produce sold but not necessarily grown on premises where
the stand is located.
All produce grown on the premises (lots) where the stand
is located and sold only by the owner(s) of said premises.
Commercial facility containing sawing and planing equipment
utilized for the preparation of dimensional lumber used for construction.
No on-premises sale to the general public takes place.
Any place of storage or deposit of more than 100 square feet,
usually of a commercial nature, wherein metals, glass, rags, etc.,
are held for the purposes of disposal, reclamation, recycling or resale,
including establishments having facilities for the processing iron,
steel and nonferrous scrap for remelting purposes.
Fencing, bushes or trees or other natural and/or artificial
materials which obscure the visual character of any given building
or land use.
Unless otherwise noted, "section," the symbol "§ "
and section numbers shall refer to sections within this chapter.
Places of worship, institutions for the aged and for children,
day-care centers and nonprofit institutions, including colleges, hospitals,
libraries, cemeteries and philanthropic institutions; also, open space.
For the purposes of this chapter, whenever a general service
business is listed as an allowed use, it shall signify that any service
business which has a minimal negative impact and can meet the conditions
specified in this chapter shall be allowed, in addition to the specific
service uses listed as allowed.
The distance measured from the street edge to the structure,
sign, etc.
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally or should be
carried off in sewers or waste pipes.
The parcel(s) of land used for the discharging of firearms
with the intent to hit any object (moving or stationary) other than
live game, by any person who pays a fee (e.g., membership fees, shooting
fees, etc.) to use said facilities. Commercial shooting ranges include
but are not limited to nonprofit clubs (skeet clubs, etc.) and for-profit
businesses.
[Amended 4-3-2008 by L.L. No. 1-2008]
NEIGHBORHOOD CONVENIENCE CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee and employee parking provided onsite. A neighborhood convenience center generally sells goods necessary to meet daily needs and has up to 50,000 square feet of commercial floor space.
COMMUNITY SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee and employee parking provided onsite. Such centers typically range in size from 50,000 square feet to 450,000 square feet.
The distance between the side lot line and the nearest point
of a building on said lot.
Any name, identification, description, display, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land visible from a public way. (See other headings in § 155-53.)
[Amended 7-21-2008 by L.L. No. 4-2008]
A sign unrelated to a business or a profession conducted
or to a commodity or service offered upon the premises where such
sign is located. The words "advertising sign" include the word "billboard."
Neither directional warning nor other signs posted by public officials
in the course of their official duty shall be construed as advertising
signs.
The entire area within a perimeter defined by a continuous
line composed of right angles which enclose the extreme limits of
lettering, logo, trademark, or other graphic representation, together
with any frame or structural trim forming an integral part of the
display used to differentiate the sign from the background against
which it is placed. (See graphical illustration below.)
[Amended 7-21-2008 by L.L. No. 4-2008; 3-17-2014 by L.L. No.
1-2014]
 |
Any visual message incorporated into an awning or a marquee.
[Added 7-21-2008 by L.L. No. 4-2008]
A sign larger than 15 square feet advertising a business,
product or service that is not available at the site where said sign
is located.[5]
[Amended 7-21-2008 by L.L. No. 4-2008]
A sign which identifies the name of the building and does
not identify any individual business activity.
[Added 7-21-2008 by L.L. No. 4-2008]
A sign for the permitted use(s) conducted on the premises
which shall identify the written name and/or type of business and/or
any trademark of an article for sale or rent on the premises or otherwise
call attention to a use conducted on the premises.[6]
A changeable-copy sign that uses a matrix of illumination
elements, such as light-emitting diodes (LED), liquid crystal display
(LCD), plasma display, individual light bulbs, or other digital or
analog electronic media to display or project copy which can be modified
by electronic processes.
[Added 3-17-2014 by L.L. No. 1-2014]
A sign limited to providing information on the location of
an activity, business or event and assists the traveler in finding
said use (e.g., mileage, route numbers, etc.).
A listing of two or more business enterprises, consisting
of a matrix and sign components.
A single or multifaced sign affixed to a supporting structure
or embedded in and extending from the ground or detached from the
building. Any support structure shall be included in sign area to
the extent that it is larger than that necessary to support the sign.
[Amended 7-21-2008 by L.L. No. 4-2008]
A sign for the permitted use(s) conducted on the premises,
for articles sold or distributed by that use or a display of the name
of the premises.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
[Amended 7-21-2008 by L.L. No. 4-2008]
A sign conveying instructions with respect to the use of
the premises or a portion of the premises on which it is maintained
or a use or practice being conducted on the premises.[7]
A freestanding sign either affixed to a base on the ground
or mounted on short poles no greater than two feet high.
[Added 3-17-2014 by L.L. No. 1-2014]
Any sign attached directly to the wall of a building which
identifies the name, occupation and/or address of the person who occupies
the premises. A nameplate shall not exceed two square feet in area.
Signs for products or services not available at the location
of the sign.
[Added 7-21-2008 by L.L. No. 4-2008]
A permit issued by the Village Code Enforcement Officer providing
documentation of the specific sign(s) that have been approved pursuant
to these regulations.[8]
[Added 7-21-2008 by L.L. No. 4-2008]
Any sign attached to a building and extending in whole or
in part more than six inches beyond the building exterior.
[Added 7-21-2008 by L.L. No. 4-2008]
Those signs erected to direct flow, speed and direction of
traffic, effect general public safety or name streets and buildings.
A sign indicating the presence and located upon the premises
of a church, school, library, hospital, nursing home or like religious,
educational, health or community facility.[9]
The supports, uprights, bracing and framework for a sign.
A sign which offers premises for sale, rent or development
or announces special events or calls attention to new construction
or alteration or offers for sale seasonal garden produce, identifies
garage, household or porch sales or the like or political signs. Temporary
sign status shall expire after six months of continuous appearance
in the public eye.[10]
See "sign, public."[11]
A sign affixed on or located with respect to a window fronting
a public way that is visible from the public way.
[Added 7-21-2008 by L.L. No. 4-2008]
A sign visible from a sidewalk, street or other public space,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with the customary window display of products.
The design of a proposed development, including but not limited
to a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, private streets, ways and parking facilities and whatever
additional information is deemed necessary by the appropriate boards
exercising jurisdiction over said plan. The phrase "provisions of
the plan" when used in these regulations shall mean the written and
graphic materials referred to in this definition.
See "nursing home."
Radiant energy (direct, diffuse and reflected) received from
the sun.
A structure or arrangement and combination of components
designed to provide heating, cooling, hot water or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation and the distributing of solar energy.
The area subject to flooding (i.e., the land that has a one-percent
chance of being flooded each year; the land flooded during a one-hundred-year
flood).
A special use permit concerns the special permission, granted
only by the permitting Board after a public hearing, to use or occupy
land for specific purposes where such use is not permitted by right,
but is listed as permitted by special use permit. Refer to the appropriate
district regulations.
Square foot, square feet.
A building or structure in which space is rented for the
boarding of two or more livestock animals.[12]
Any constructed combination of materials located or attached
to the ground utilized for noninhabited storage purposes. Used trucks
and similar motor vehicles shall not be utilized as storage structures.
That area of the front of a building associated with the
first floor only. For businesses located above the first floor, the
storefront areas shall be calculated based on the ground floor entrance
only.
That portion of a building excluding attics and cellars included
between the surface of any floor and the floor next above it or, if
there is no floor above it, then the space between any floor and the
ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story.
Any public way dedicated to public vehicular travel. "Street"
shall be taken as synonymous with road or highway.
The line determined by connecting the midpoints of the surfaced
portion of any street, road or highway.
The dividing line between a public or private street and
a lot, commonly known as the "curbline."
A building constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Mobile homes are not considered structures for the purposes
of this chapter. (A mobile home is considered to be a structure under
the Flood Insurance Program.)
A reference to an identified provision(s) of this chapter
wholly contained within a single section of this chapter.
Any repair, alteration, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
the market value before the damaged occurred. For the purposes of
this definition, substantial improvement is considered to occur when
the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply
with existing state or local health, sanitary or safety code specification
which are necessary solely to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Any man-made receptacle for water (excepting farm ponds)
used or intended to be used for swimming and constructed, installed
or maintained in or above the ground and having a depth at any point
greater than two feet.
Any concave, circular or dish-shaped device, together with
its associated supporting structures, designed for receiving communications
or television signals from a satellite.
Dwellings intended for temporary occupancy, and including
but not limited to travel trailers, motor homes, truck campers and
tents. Persons residing in a temporary dwelling unit, mobile, do not
include those residing in the primary dwelling unit located on the
same parcel.
An activity conducted within a structure or on a tract of
land for a specific limited period of time which may not otherwise
be permitted by the provisions of this chapter. For example, a building
used in conjunction with new construction would be removed upon completion
of the work.[13]
A dwelling unit designed to be occupied as a residence for
a single family and is one of a group of three or more attached dwellings,
placed side by side, separated by party walls, each unit containing
one or two stories and each having separate front and rear or side
and rear or front and side entrances from the outside. Contrasts with
"apartment house."
Any toxic substance as so defined by Subdivision 2 of § 4801
of the Public Health Law.
A large piece of land under single ownership.
Consists of glass, scrap wood, scrap metals, salvaged metals,
rags, refuse, garbage, wastepaper, salvaged machines, appliances or
similar materials which are prepared for disposal as waste.
A parcel of land used or intended to be used, let or rented,
usually on a seasonal basis for occupancy by campers or for occupancy
by or of travel trailers, motor homes, tents or movable or temporary
dwellings, rooms or sleeping quarters of any kind.
Any portable vehicle which is designed to be transported
on its own wheels and which is legally capable of being towed by a
passenger car, station wagon or pickup truck. Travel trailers are
not designed as permanent living quarters and generally are used on
a seasonal basis. See also "accessory dwelling unit."
Any treatment plant, sewerage, disposal field, lagoon, pumping
station, septic system installed for the purpose of treating, neutralizing,
stabilizing or disposing of sewage.
A mobile home consisting of three sections intended to be
joined during final assembly on a site; also known as a "multisection
home" or "triple-section home." See definition of "mobile home."
A dwelling arranged, intended and designed to be occupied
by three families living independently of each other.
Any purpose for which land or a building is designed, arranged,
intended or for which it is or may be occupied and maintained.
See "variance."
Refer to § 7-712 of the New York State Village
Law and to the applicable sections of this chapter.
Any place or storage or deposit where two or more unregistered,
old or secondhand vehicles, no longer intended for or in condition
for legal use on public highways are held, whether for resale of parts
or materials or used parts and waste materials, which when taken together
equal in bulk two or more vehicles. This definition excludes farm
vehicles.
A commercial business operated for profit which repairs or
services motor vehicles.
The Board of the Village of Westfield, unless otherwise noted.
A member of the Village staff appointed by resolution of the Village Board to administer and enforce § 155-53.
[Added 7-21-2008 by L.L. No. 4-2008]
The New York State Village Law.
See "fence."
A building or portion thereof designed or used for the storage
of merchandise, supplies or other commodities.
A business establishment engaged in selling to retailers
or jobbers, rather than consumers, in wholesale lots.
For the purposes of this chapter, whenever a general wholesale
business is listed as an allowed use, it shall signify that any wholesale
business which has a minimum negative impact and can meet the conditions
specified in this chapter shall be allowed, in addition to the specific
wholesale uses listed as allowed.
A wholesale business with a maximum of three employees, no
more than 4,000 square feet of floor space and no outside storage.[14]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, excepted as otherwise provided
herein.
The area extending across the entire width of the lot between
the building line and the front edge of the road into which space
there shall be no extension of building partitions or accessory structures.
The width of a lot measured along the street line from side
lot line to side lot line.
The area extending across the entire width of the lot between
the rear wall of the principal building and the rear line of the lot
and unoccupied except for parking, loading and unloading space and
garages or carports.
The open area of a lot situated between the side lines of
the building and the adjacent side lines of the lot.
The Zoning Board of Appeals of the Village of Westfield.
An area described and/or set forth on the Official Zoning Map of the Village of Westfield contained within defined boundary lines and labeled by a zoning district symbol (two- or three-letter abbreviation, in capitals as set forth in Article IV of this chapter) contained in this chapter. All such zoning districts shall be subject to the regulations of this chapter pertaining to the zoning district for which the label pertains and to all regulations generally or specifically applicable to the district as provided in this chapter.
The classification of lands as established in Chapter 155 of the Code of the Village of Westfield.
[Added 7-21-2008 by L.L. No. 4-2008]
See "Zoning Officer."
The Zoning Enforcement Officer of the Village of Westfield,
New York, and his/her authorized designees.
[Amended 1-19-2021 by L.L. No. 1-2021]
Written permission issued by the appropriate municipal board/officer
authorizing the use of land, lots, building(s) or structure(s). Zoning
permits are issued for uses which are permitted by this chapter where
all conditions required by the law can be met for the district where
the lot/structure is located. The relocation, enlargement, alteration
or other change of use shall require the issuance of a zoning permit.
Zoning permits may be issued by right or issued by special use permit
or variance after a public hearing.
[1]
Editor's Note: The definition of “hedge,”
which immediately followed this definition, was repealed 4-15-1996
by L.L. No. 2-1996.
[3]
Editor's Note: The former definition of “notice of violation,”
which immediately followed this definition, was repealed 3-17-2014
by L.L. No. 1-2014.
[4]
Editor's Note: The former definition of “reflective
surface,” which immediately followed this definition, added
7-21-2008 by L.L. No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[5]
Editor's Note: The former definition of “sign, building
directory,” which immediately followed this definition, added
7-21-2008 by L.L. No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[6]
Editor's Note: The former definition of “sign, certificate
of compliance,” which immediately followed this definition,
added 7-21-2008 by L.L. No. 4-2008, was repealed 3-17-2014 by L.L.
No. 1-2014.
[7]
Editor's Note: The former definition of “sign, municipal,”
which immediately followed this definition, added 7-21-2008 by L.L.
No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[8]
Editor's Note: The former definition of “sign, portable,”
which immediately followed this definition, added 7-21-2008 by L.L.
No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[9]
Editor's Note: The former definition of “sign site plan,”
which immediately followed this definition, added 7-21-2008 by L.L.
No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[10]
Editor's Note: The former definition of “sign, temporary
business,” which immediately followed this definition, added
7-21-2008 by L.L. No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[11]
Editor's Note: The former definition of “sign, wall,”
which immediately followed this definition, added 7-21-2008 by L.L.
No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[12]
Editor's Note: The former definition of “stop-work order,”
which immediately followed this definition, added 7-21-2008 by L.L.
No. 4-2008, was repealed 3-17-2014 by L.L. No. 1-2014.
[13]
Editor's Note: The definition of "tower," which immediately followed this definition, was repealed 1-3-2001 by L.L. No. 1-2001. See now § 155-55.1.
[14]
Editor's Note: The former definitions of “window sign,
temporary” and “window space,” which immediately
followed this definition, added 7-21-2008 by L.L. No. 4-2008, were
repealed 3-17-2014 by L.L. No. 1-2014.
