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Village of Westfield, NY
Chautauqua County
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Table of Contents
Table of Contents
A. 
Purpose. The purpose of the Single-Family (R-1) Zoning District is to:
(1) 
Encourage the construction of and the continuous use of the existing large lot sizes and encourage the development of religious and educational facilities required for and compatible with a balanced single-family residential neighborhood.
(2) 
Discourage all business, commercial and industrial development of the land, multiple-family units, cluster residential developments, mobile homes or mobile home parks and to prohibit any other use which would substantially interfere with or be deleterious to the development or continuation of single-family dwellings in this residential unit.
(3) 
Discourage all land uses which would generate traffic on residential streets, apart from normal traffic associated with the residences on those streets.
B. 
Uses by right for which a permit is required are as follows:
Accessory uses customary in a restricted single-family district
Church rectory
Demolition of structures
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Open porch/patio
Roadside stand, limited, in accordance with § 155-45
Single-family detached dwelling
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Temporary dwelling unit in accordance with § 155-67
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
C. 
Uses by special use permit for which a hearing is required are as follows:
Bed-and-breakfast establishments in accordance with § 155-74
Churches
Cluster residential development in accordance with § 155-37
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Farm animals, noncommercial, in accordance with § 155-65
Fences/walls in accordance with § 155-54
Model home sales office
Public park
Roadside stand, general, in accordance with § 155-45
Schools
Solar systems, private, in accordance with § 155-57B
Television dish antenna in accordance with § 155-56
Temporary dwelling unit in accordance with § 155-67
Tennis courts, private
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Windmill, private, in accordance with § 155-55
D. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Outdoor storage of a trailer or boat in accordance with § 155-68
Parking, private, in accordance with § 155-51
Utilities
E. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
R-1 District
Detached Single-Family Units
Primary Use
Secondary Use
Minimum lot size (square feet)
12,000
Minimum lot width (feet)
100
Maximum lot coverage (% of lot area)
40
20
Minimum front yard (feet from street edge)
30
30
Minimum side yard (feet)
10
4
Minimum rear yard (feet)
30
4
Maximum height (stories)
2.5
1.5
Minimum floor space (square feet)
750
A. 
Purpose. The purpose of the Residential (R-2) Zoning District is to:
(1) 
Preserve established neighborhoods within the Village of Westfield from adverse change which would result from the insertion of incompatible housing types or changes in density. Single-family detached dwellings, duplexes and triplex apartments with their related facilities are allowed while larger apartment buildings are prohibited. Residential (R-2) Districts are generally expected to contain a minimum number of undeveloped lots.
(2) 
Discourage the development of land uses and facilities that are incompatible with one- and two-family residential development.
B. 
Uses by right for which a permit is required are as follows:
Church rectory
Customary accessory uses
Demolition of structure
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Duplex, attached
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Limited agricultural
Open porch/patio
Public park
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53
Single-family detached dwelling
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Temporary dwelling units in accordance with § 155-67
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
C. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartment
Agricultural structures
Bed-and-breakfast establishment in accordance with § 155-74
Churches
Cluster residential development in accordance with § 155-37
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Farm animals, noncommercial, in accordance with § 155-65
Fences/walls in accordance with § 155-54
Funeral home in accordance with § 155-36
Home occupations, general, in accordance with § 155-41
Homes for the aged/rest home
Residential conversions in accordance with § 155-40
Roadside stand, general, in accordance with § 155-45
Schools
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57B
Television dish antenna in accordance with § 155-56
Temporary dwelling unit in accordance with § 155-67
Tennis court, private
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Triplex, attached
Windmill, private, in accordance with § 155-55
D. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Utilities
E. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
R-2 District
Detached
Single-Family Units
Nonresidential Uses
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
7,000
Minimum lot width (feet)
70
Maximum lot coverage (% of lot area)
40
20
40
20
Minimum front yard (feet)
30
30
30
30
Minimum side yard (feet)
10
4
20
10
Minimum rear yard (feet)
30
4
30
10
Maximum height (stories)
2.5
1.5
3
1.5
Minimum floor space (square feet)
750
600
Attached
Multiple-Family Units
Primary Use
Secondary Use
Minimum lot size (square feet per unit)
6,000
Minimum lot width (feet)
70
Maximum lot coverage (% of lot area)
30
20
Minimum front yard (feet from street edge)
30
30
Minimum side yard (feet)
20
4
Minimum rear yard (feet)
30
4
Maximum height (stories)
3
2.5
Minimum floor space (square feet)
650
A. 
Purpose. Multifamily (R-3) Districts are intended to enhance and protect the older residential areas while encouraging compatible new development on large vacant lots and permitting conversions of older homes into apartments where the location and lot size makes conversions compatible with the character of the neighborhood. Development density is strictly controlled for apartments, with distinctions being made between elderly and standard housing.
B. 
Uses by right for which a permit is required are as follows:
Church rectory
Customary accessory uses
Demolition of structure
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Duplex, attached
Fabric store
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Limited agricultural
Municipal offices
Open porch/patio
Public park
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53
Single-family detached dwelling
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Temporary dwelling units in accordance with § 155-67
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
C. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartment
Agricultural structures
Attached apartment/condo/townhouse
Bed-and-breakfast establishment in accordance with § 155-74
Boarding homes
Child day-care center in accordance with § 155-41.1.
[Added 6-18-2018 by L.L. No. 1-2018]
Churches
Cluster residential development in accordance with § 155-37
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Elderly housing, apartments
Emergency medical heliport in accordance with § 155-73
Farm animals, noncommercial, in accordance with § 155-65
Fences/walls in accordance with § 155-54
Fraternal meeting facilities
Funeral home in accordance with § 155-36
Home occupations, general, in accordance with § 155-41
Homes for the aged/rest home
Libraries/museums/galleries
Nursing homes
Residential conversions in accordance with § 155-40
Roadside stand, general, in accordance with § 155-45
Schools
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57B
Television dish antenna in accordance with § 155-56
Temporary dwelling unit in accordance with § 155-67
Tennis court, private
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Triplex, attached
Windmill, private, in accordance with § 155-55
D. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
E. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
R-3 District
Detached
Single-Family Units
Nonresidential Uses
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
7,000
Minimum lot width (feet)
70
Maximum lot coverage (% of lot area)
40
20
40
20
Minimum front yard (feet)
30
30
30
30
Minimum side yard (feet)
10
4
20
10
Minimum rear yard (feet)
30
4
30
10
Maximum height (stories)
2.5
1.5
3
1.5
Minimum floor space (square feet)
750
600
Attached
Multiple-Family Units
Standard
Elderly
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
5,000
3,600
Minimum lot width (base + feet per unit)
100 + 5
100 + 4
Maximum lot coverage (% of lot area)
30
20
40
20
Minimum front yard (feet from street edge)
30
30
30
30
Minimum side yard (base + feet per unit)
20 + 2
20 + 2
Minimum rear yard (feet)
30
4
30
10
Maximum height (stories)
3
1.5
3
1.5
Minimum floor space (square feet)
650
600
[Added 6-17-2002 by L.L. No. 3-2002[1]]
A. 
Purpose. The purpose of the Light Industrial (I-2) District is to provide space for new and expanding clean industries in such a way as to minimize adverse impacts on nearby residential holdings within the district. Underdeveloped land may, in the interim, be utilized for agricultural purposes, but new residential uses are prohibited with the exception of mobile home parks.
B. 
Uses permitted by right for which a permit is required are as follows:
Agricultural structures
Customary accessory uses
Demolition of structures
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54*
Garage, accessory
Household goods sales in accordance with § 155-44
Limited agriculture
Open porch/patio
Playground
Public park
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53*
Solar system, private, in accordance with § 155-57A*
Storage structure, accessory, in accordance with § 155-50
Swimming pool, private, in accordance with § 155-49
Television dish/antenna in accordance with § 155-56
Temporary dwelling units in accordance with § 155-67*
Tower, noncommercial, (50 feet or less) in accordance with § 155-55*
C. 
Uses by special use permit for which a hearing is required are as follows:
Administrative support services
Apparel manufacturing
Business day-care center, children
Computer and electronic products
Distribution center
Electric equipment, appliances, components
Fences/walls in accordance with § 155-54*
Furniture and related products
Heavy vehicle parking in accordance with § 155-63
Home occupations, general, in accordance with § 155-41
Information services
Leather and allied products
Loading/unloading facility, commercial, in accordance with § 155-52
Machinery manufacturing
Miscellaneous manufacturing
Mobile home park in accordance with § 155-66
Nondurable goods, wholesale
Plastic products
Printing and related
Research lab, commercial
Roadside stand, general, in accordance with § 155-45
Signs in accordance with § 155-53*
Solar system, private, in accordance with § 155-57B*
Telecommunication towers, in accordance with § 155-55.1
Temporary dwelling unit in accordance with § 155-67*
Tennis court, private
Textiles
Tower, noncommercial, (above 50 feet) in accordance with § 155-55*
Transportation equipment manufacturing
Transportation warehousing
Windmills, private, in accordance with § 155-55
Wholesale business
D. 
Uses requiring site plan review. All of the following uses are allowed subject to site plan review by the Village Planning Board:
(1) 
Industrial, commercial, and manufacturing uses.
(2) 
Public and semipublic uses.
(3) 
Mobile home park.
E. 
Uses for which performance standards apply. All of the following uses are allowed by right or special use permit but shall be subject to meeting and adhering to performance standards as specified in Article XV, Performance Standards.
(1) 
All industrial, manufacturing, and commercial uses listed as allowable by special use in this section. All commercial uses may be exempted from these requirements by permitting board.
F. 
Uses for which a permit is not required are as follows:
Agriculture
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54*
Horticulture, private
Outdoor storage of a trailer or boat
Parking, private, in accordance with § 155-51
Signs in accordance with § 155-53*
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities, public
*NOTE: All uses marked with an* are allowed by two or more types of permit processes (by right, special use, or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit process applies.
G. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
I-2 District
Detached
Single-Family Units
Nonresidential Uses
Primary
Use
Accessory
Use
Primary
Use
Secondary
Use
Minimum lot size (square feet)
6,000
25,000
Minimum lot width (feet)
60
100
Maximum lot coverage (% of lot area)
40
20
50
10
Minimum front yard (feet)
30
30
50
50
Minimum side yard (feet)
10
4
30
30
Minimum rear yard (feet)
30
4
30
30
Maximum height (stories)
2.5
1.5
3
1.5
Minimum floor space (square feet)
750
None
[1]
Editor's Note: This local law also superseded former § 155-14, High Density Residential (R4) Districts.
A. 
Purpose. Agricultural-Residential (AR-1) Districts are established to provide for a compatible mix of agricultural and residential uses along with a limited number of business uses. The intent is to protect and provide agricultural uses and preserve the rural character of the neighborhood, as well as provide for natural buffers.
B. 
Uses by right for which a permit is required are as follows:
Accessory apartment
Agricultural structures
Church rectory
Customary accessory uses
Demolition of structure
Duplex, attached
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Municipal offices
Nursery/greenhouses
Open porch/patio
Public park
Residential conversions in accordance with § 155-40
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53
Single-family detached dwelling
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Television dish antenna in accordance with § 155-56
Temporary dwelling units in accordance with § 155-67
Tennis court, private
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
Winery
C. 
Uses by special use permit for which a hearing is required are as follows:
Animal farms (mink, etc.)
Animal hospital (small animals)
Antiques shop
Apartments/condo/townhouses (attached) in accordance with § 155-39
Bed-and-breakfast establishment in accordance with § 155-74
Blacksmith shop
Boarding homes
Carnivals/circuses (temporary)
Cemeteries
Churches
Cluster residential development in accordance with § 155-37
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Farm machinery/implements store
Fences/walls in accordance with § 155-54
Florist shops (accessory to commercial greenhouse only)
Fruit processing plant
Funeral home
Gas/oil wells
Gas station (routine service) in accordance with § 155-48
Gift/novelty shop
Golf courses, private/public
Home occupations, general, in accordance with § 155-41
Homes for the aged/rest homes
Large group gatherings in accordance with § 155-64
Libraries/museums/galleries
Mobile home park in accordance with § 155-66
Nursing homes
Parking lot, commercial, in accordance with § 155-51
Photography studio
Professional or business office in accordance with § 155-42
Realty office
Roadside stand, general, in accordance with § 155-45
Schools
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57
Swimming pools, public, in accordance with § 155-49
Television/radio towers, commercial, in accordance with § 155-55
Temporary dwelling unit in accordance with § 155-67
Tennis courts, public
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Triplex (attached) in accordance with § 155-39
Wholesale business
D. 
Uses for which a permit is not required are as follows:
Agriculture
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Farm animals (noncommercial) in accordance with § 155-65
Forestry/lumbering/reforestation
Game farms/fish hatcheries/preserves
Horticulture, private
Junk vehicles, on private property, in accordance with § 155-60
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Riding academy/stable
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
Wildlife habitat
Windmill, private, in accordance with § 155-55
E. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
AR-1 District
Detached
Single-Family Units
Nonresidential Uses
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
12,000
12,000
Minimum lot width (feet)
100
100
Maximum lot coverage (% of lot area)
40
20
30
20
Minimum front yard (feet)
30
30
50
30
Minimum side yard (feet)
10
4
10
4
Minimum rear yard (feet)
30
4
30
4
Maximum height (stories)
2.5
1.5
3
1.5
Minimum floor space (square feet)
750
None
Attached
Multiple-Family Units
Standard
Elderly
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
8,000
5,000
Minimum lot width (base + feet per unit)
100 + 20
100 + 5
Maximum lot coverage (% of lot area)
30
20
40
20
Minimum front yard (feet from street edge)
30
30
30
30
Minimum side yard (base + feet per unit)
20 + 2
10
20 + 2
10
Minimum rear yard (feet)
30
10
30
10
Maximum height (stories)
3
1.5
3
1.5
Minimum floor space (square feet)
650
600
[Amended 4-3-2008 by L.L. No. 1-2008]
A. 
Purpose. The purpose of the Retail Business (B-1) District and any design standards applicable therein is to protect and enhance the existing commercial core of the Village and enable it to better meet the needs of residents and visitors by ensuring that the development and redevelopment of land within the district is appropriate and compatible with the development of surrounding land and historical nature of the district, by preserving a typical "Main Street" aesthetic, and by promoting a pedestrian-oriented commercial area. It is not intended to prohibit development that is otherwise permitted under the applicable zoning regulations; rather, it is intended to improve the function, design, aesthetics and safety of that development and to provide a context for diverse yet harmonious architectural and landscape design.
B. 
Design standards application and procedure.
(1) 
Application. The following actions in the B-1 District shall be subject to and comply with the Village of Westfield's "B-1 District Design Guidelines":
(a) 
Any action that requires a building permit and involves changes to the front, rear, or, where visible, the side facade of a building;
(b) 
Any action that involves the alteration of a parking lot; and
(c) 
Any action that requires site plan review under § 155-103.
(2) 
Procedure.
(a) 
Where the action requires a special use permit or is subject to site plan review under Article XII or architectural plan review under Article XVI, the Planning Board shall make a finding as to compliance with the applicable design guidelines during the special use, site plan, or architectural plan review process, as the case may be.
[Amended 6-4-2012 by L.L. No. 2-2012]
(b) 
Where the action requires a building permit, or for any other application subject to the design guidelines, the Village Board or Code Enforcement Officer, as the case may be, shall refer the application to the Planning Board pursuant to § 155-98, and a final decision on the application shall not be rendered until the Planning Board has made a finding that the proposed action complies with the applicable design guidelines.
C. 
Uses by right for which a permit is required are as follows:
Antique shop
Bakery, retail
Banks
Barbershop/beauty shop
Catalog store
Corner grocery store
Department/variety store
Drugstore/pharmacy
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Florist shop
Food supermarket
Furniture/appliance store
Gift/novelty shop
Hardware/glass/paint store
Health club
Household sale, in accordance with § 155-44
Laundry/dry cleaning/laundromat
Liquor store
Locksmith shop
Municipal office
Open porch/patio
Photography studio
Professional/business office
Public park
Retail business, general
Realty office
Restaurant
Sign, in accordance with § 155-53
Solar system, private, in accordance with § 155-57A
Tower, not freestanding and noncommercial, (50 feet or less) in accordance with § 155-55
Upholstery shop
D. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartment
Bar
Carnival/circus (temporary)
Condominium
Custom workshop
Demolition of structures
Electronic game room
Fence/wall in accordance with § 155-54, but without regard to size
Garage, accessory
Home occupation, general, in accordance with § 155-41
Hotel/inn/country inn
Library/museum/gallery
Load/unload facility, commercial, in accordance with § 155-52
Mixed apartment/business in accordance with § 155-38
Nursery for children
Parking lot, commercial, in accordance with § 155-51
Pet store
Plumbing/heating shop
Rental store
Repair shop
Residential conversion
Roadside stand, general, in accordance with § 155-45
School
Shopping center/mall
Solar system, private, in accordance with § 155-57B
Storage structure, accessory, in accordance with § 155-50
Theater
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
E. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Parking, private, in accordance with § 155-51
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
F. 
Building permits. Applicants are cautioned to be aware that the New York State Uniform Fire Prevention and Building Code may contain additional requirements for their proposed use or development, and that zoning approval does not necessarily confer approval under the Building Code. Applicants are strongly encouraged to confer with the Code Enforcement Officer about their project in advance and to plan to comply with both the Zoning and Building Codes.
G. 
Area standards. Area standards shall be in accordance with the following:
(1) 
Minimum lot size: 2,000 square feet.
(2) 
Minimum street frontage: 20 feet.
(3) 
Maximum lot coverage: 100%.
(4) 
Setback regulations:
(a) 
Front. None required, but new buildings or alterations to existing structures in this district shall conform within a ten-percent range to the average front setback for buildings within 40 feet on either side of the subject site, in order to maintain a strong sense of streetscape.
(b) 
Rear. None required, but if a yard is required it shall be not less than 10 feet wide.
(c) 
Side. If the yard abuts a residential district, 20 feet. For all others, none is required, but if one is provided it shall be not less than 10 feet wide.
(5) 
Buildings shall be a maximum of three stories above grade with a maximum height of 40 feet.
(6) 
Parking. No off-street parking space shall be required for any use on a lot that has an area of 10,000 square feet or less, provided that such lot is within 300 feet of a municipally operated off-street parking facility that has adequate capacity for the parking of passenger vehicles required for the proposed use.
H. 
Facade changes. All other terms of this Code notwithstanding, where changes are proposed to the facade of an existing building in the B-1 District that do not alter the footprint of the building and are for either maintenance and repair purposes or to improve the aesthetic appeal of the facade, no site plan review under Article XII is required, but the action shall be subject to architectural plan review under Article XVI.
[Added 6-4-2012 by L.L. No. 2-2012]
[Added 4-3-2008 by L.L. No. 1-2008]
A. 
Purpose. The purpose of the Transitional Business (B-1A) District and the design guidelines applicable therein is to allow a range of commercial businesses that are appropriate for a pedestrian-oriented downtown, by providing a transition and buffer area between the main commercial core and the residential areas, consistent with the present land use pattern of the district. The goal is to preserve and wisely develop the transitional areas leading into Westfield's main downtown area while simultaneously maintaining and buffering the adjacent residential zones.
B. 
Design standards application and procedure.
(1) 
Application. The following actions in the B-1A District shall be subject to and comply with the Village of Westfield's "B-1A District Design Guidelines":[1]
(a) 
Any action that requires a building permit and involves changes to the front, rear, or, where visible, the side facade of a building;
(b) 
Any action that involves the alteration of a parking lot; and
(c) 
Any action that requires site plan review under § 155-103.
[1]
Editor's Note: The B1-A District Design Guidelines are on file in the Village offices.
(2) 
Procedure.
(a) 
Where the action requires a special use permit or is subject to site plan review under Article XII or architectural plan review under Article XVI, the Planning Board shall make a finding as to compliance with the applicable design guidelines during the special use, site plan, or architectural plan review process as the case may be.
[Amended 6-4-2012 by L.L. No. 2-2012]
(b) 
Where the action requires a building permit, or for any other application subject to the design guidelines, the Village Board or Code Enforcement Officer, as the case may be, shall refer the application to the Planning Board pursuant to § 155-98, and a final decision on the application shall not be rendered until the Planning Board has made a finding that the proposed action complies with the applicable design guidelines.
C. 
Building Code. Applicants are cautioned to be aware that the New York State Uniform Fire Prevention and Building Code may contain additional requirements for their proposed use or development, and that zoning approval does not necessarily confer approval under the Building Code. Applicants are strongly encouraged to confer with the Code Enforcement Officer about their project in advance and to plan to comply with both the Zoning and Building Codes.
D. 
Uses by right for which a permit is required are as follows:
Antique shop
Bakery, retail
Banks in accordance with § 155-46 if drive through
Barbershops/beauty shops
Catalog stores
Corner grocery store
Demolition of structures
Department/variety stores
Drugstores/pharmacies
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fence/wall, in accordance with § 155-54
Florist shops
Food supermarket
Furniture/appliance store
Gift/novelty shop
Hardware/glass/paint store
Health club
Household sale, in accordance with § 155-44
Laundry/dry cleaning/laundromat
Liquor store
Locksmith shop
Photography studio
Professional/business offices
Realty offices
Restaurant
Retail business, general
Sign, in accordance with § 155-53
Single-family detached dwelling
[Added 5-20-2013 by L.L. No. 3-2013]
Solar system, private, in accordance with § 155-57A
Tower, not freestanding, noncommercial, (50 feet or less) in accordance with § 155-55
Upholstery shop
E. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartment
Bars
Bed-and-breakfast establishment in accordance with § 155-74
Car wash
Commercial recreation (e.g., bowling alley, archery pro shop, golf pro shop)
Condominium
Convenience store with gas station (routine service) in accordance with § 155-48
Custom workshop
Drive-in through business (food, etc.) in accordance with § 155-46
Electronic game room
Fences/walls in accordance with § 155-54
Fraternal meeting facilities
Garage, accessory
Home occupations, general, in accordance with § 155-41
Hotel/inn/country inn
Load/unload facility, commercial, in accordance with § 155-52
Mixed apartment/business in accordance with § 155-38
Nursery and/or preschool for children
Open porch/patio
Pet store
Parking lot, commercial, in accordance with § 155-51
Public and/or not-for-profit library/museum/gallery
Rental store
Repair shop
Shopping center
Solar system, private, in accordance with § 155-57B
Storage structure, accessory, in accordance with § 155-50
Swimming pool
Theater
Tower, not freestanding, noncommercial, (above 50 feet) in accordance with § 155-55
F. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Trash, only in dumpsters or other similar storage devices on private property, in accordance with § 155-62
Utilities
G. 
Area standards.
(1) 
Minimum lot size. The minimum lot size shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required. The additional 20% shall constitute setbacks and landscaped buffers. In no case shall any lot be less than 8,000 square feet in size.
(2) 
Minimum street frontage. The minimum street frontage is 60 feet.
(3) 
Maximum lot coverage. The maximum lot coverage allowed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required is 80% of the lot size.
(4) 
Setback regulations.
(a) 
Front. New buildings or alterations to existing structures in this district shall conform to a range of minimum/maximum front setbacks in order to maintain a strong sense of streetscape.
[1] 
Minimum. The minimum front setback shall be four feet.
[2] 
Maximum. The maximum front setback shall be 40 feet.
(b) 
Rear. The minimum rear setback shall be 20 feet of buffering (greenspace, trees etc).
(c) 
Side. The minimum side setback shall be eight feet. Minimum side setbacks may be reduced to five feet in areas adjacent to on-lot parking or ingress/egress areas when other snow storage areas have been provided.
(5) 
Buildings shall be a maximum of two stories above grade, with a maximum height of 40 feet.
H. 
Building site and design.
(1) 
New buildings may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character and materials and respecting the traditional character of the Village.
(2) 
Site design should enhance the rhythm, fabric, and form of the streetscape and landscape for pedestrians and motorists alike.
(3) 
Buildings are encouraged to be designed to have pitched roofs with overhanging eaves.
(4) 
Exterior wall materials and facing may include wood clapboard (including vinyl and aluminum imitation clapboard siding), or brick (brick color and design must generally conform to the "historic nature" of the district) and shall be subject to site plan review. Specifically prohibited shall be split-face aggregate block, T-111 plywood, concrete block, stucco, and metal siding.
(5) 
Buildings shall complement landscape design to effectively screen parking wherever possible.
I. 
Parking lot design.
(1) 
Parking lots shall be screened from the road and adjoining residential uses as feasible. A mix of plantings shall be used to provide an appropriate mix of summer shade and year-round screening.
(2) 
Any off-street parking space or parking lot that abuts a street right-of-way shall be buffered by a landscaped area to include a mix of low-lying shrubs and shade trees.
(3) 
Vehicular access to parking areas shall be provided from the rear and/or sides whenever possible. In cases where vehicular access to a parking area must occur from the front of the lot, the following shall apply:
(a) 
Driveways serving such parking areas shall be in conformance with Chapter 132, Streets and Sidewalks, of the Village of Westfield Code and/or upon the written approval of the Village Public Works Superintendent.
(b) 
The location of any entrance or exit of a driveway, access lane or parking area where it enters the public right-of-way shall be subject to approval by the Village Superintendent of Highways or the New York State Department of Transportation, and a permit for the same shall be obtained prior to construction when required.
(c) 
All access points or aprons shall be paved for vehicular and pedestrian safety, drainage and ease of access.
(d) 
Driveways shall be at least 50 feet from the curbline of an intersecting street, unless physically impossible and approved by the appropriate highway agency.
(4) 
Exterior pedestrian access aisles shall be provided from parking areas to the front of the main structure. Such aisles shall be a minimum of five feet in width unless a public walkway is provided.
(5) 
Lighting of parking areas shall be in accordance with Page 10, Section 8, Outdoor Lighting of the Village of Westfield B1-A District Design Guidelines.[2]
[2]
Editor's Note: The B1-A District Design Guidelines are on file in the Village offices.
(6) 
Number of off-street parking spaces.
Use
Requirement1
Professional office
One per 400 square feet of commercial floor area
Professional and personal services
One per 400 square feet of commercial floor area
Retail
One per 400 square feet of commercial floor area
Others
Subject to site plan review
NOTES:
1 Or fraction thereof.
J. 
Signage. See § 155-53, Signs.
K. 
Landscaping. All applicants shall refer to the B1-A District Design Guidelines[3] to address landscaping requirements for plans in this zoning district.
[3]
Editor's Note: The B1-A District Design Guidelines are on file in the Village offices.
L. 
Additional standards.
(1) 
The conversion of an existing building or structure to another use shall be permitted only if off-street parking can be provided to meet the requirements of § 155-51 and of Subsection I of this section.
(2) 
The enlargement of an existing building or structure shall be permitted if it meets all the requirements of this section including the B1-A District Design Guidelines.[4]
[4]
Editor's Note: The B1-A District Design Guidelines are on file in the Village offices.
M. 
Facade changes. All other terms of this Code notwithstanding, where changes are proposed to the facade of an existing building in the B-1A District that do not alter the footprint of the building and are for either maintenance and repair purposes or to improve the aesthetic appeal of the facade, no site plan review under Article XII is required, but the action shall be subject to architectural plan review under Article XVI.
[Added 6-4-2012 by L.L. No. 2-2012]
A. 
Purpose. The purpose of the Highway Business (B-2) District is to promote retail and service uses which are vehicle-oriented for the use of residents and visitors. At the same time, a major goal is to protect and enhance the major entrance to the Village by encouraging aesthetically pleasing businesses with safe ingress and egress and prohibiting chaotic strip development.
B. 
Uses permitted by right for which a permit is required are as follows:
Agricultural structures
Antique stores
Blacksmith
Church rectory
Customary accessory uses
Demolition of structure
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fabric store
Feed/seed shops
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Monument sales
Municipal offices
Open porch/patio
Public park
Rental stores
Restaurants
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Temporary dwelling unit in accordance with § 155-67
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
C. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartment
Ambulance service
[Added 10-21-2013 by L.L. No. 5-2013]
Animal hospital (small animals)
Apartments/condo/townhouses (attached)
Bars
Bed-and-breakfast establishments in accordance with § 155-74
Boarding homes
Building contractor
Churches
Commercial recreation
Drive-in business (food, etc.) in accordance with § 155-46
Duplex, attached
Elderly housing (apartments)
Electronic game room
Farm animals (noncommercial) in accordance with § 155-65
Farm machinery/implements store
Fences/walls in accordance with § 155-54
Food supermarket
Fraternal meeting facilities
Fruit processing plant
Gas station (routine service) in accordance with § 155-48
Gas/oil wells
Hardware/glass/paint store
Health club
Home occupations, general, in accordance with § 155-41
Homes for the aged/rest homes
Hotels/motels
Large group gatherings in accordance with § 155-64
Laundry/dry cleaning/laundromat
Load/unload facility, commercial, in accordance with § 155-53
Locksmith shop
Mixed residential/business in accordance with § 155-38
Mobile homes/trailer sales
Nurseries/greenhouses
Nursing homes
Parking lot, commercial, in accordance with § 155-51
Realty office
Residential conversions
Roadside stand, general, in accordance with § 155-45
Schools
Self-storage units, provided such use is located on a lot comprising at least 1.5 acres, undergoes site plan review in accordance with § 155-103 et seq., and comports with the design guidelines for such units, as adopted and amended from time to time by the Village of Westfield
[Added 12-22-2014 by L.L. No. 1-2015; amended 2-17-2015 by L.L. No. 2-2015]
Shopping center/mall
Single-family detached dwelling
Solar systems, private, in accordance with § 155-57B
Swimming pools, public, in accordance with § 155-49
Television dish antenna in accordance with § 155-56
Temporary dwelling unit in accordance with § 155-67
Tennis courts, private
Tennis courts, public
Theaters
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Triplex (attached)
Upholstery shop
Used automobile sales
Vehicle repair shop in accordance with § 155-47
Windmill, private, in accordance with § 155-55
Winery
D. 
Uses for which a permit is not required are as follows:
Agriculture
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Horticulture, private
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Roadside stand, limited, in accordance with § 155-45
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
E. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
B-2 District
Detached
Single-Family Units
Nonresidential Uses
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
8,000
8,000
Minimum lot width (feet)
80
80
Maximum lot coverage (% of lot area)
40
20
40
20
Minimum front yard (feet)
40
30
40
30
Minimum side yard (feet)
10
4
20
4
Minimum rear yard (feet)
30
4
30
10
Maximum height (stories)
2.5
1.5
3
1.5
Minimum floor space (square feet)
750
450
Attached
Multiple-Family Units
Standard
Elderly
Primary
Use
Accessory
Use
Primary
Use
Accessory
Use
Minimum lot size (square feet)
5,000
3,600
Minimum lot width (base + feet per unit)
100 + 5
100 + 4
Maximum lot coverage (% of lot area)
30
20
40
20
Minimum front yard (feet from street edge)
40
40
40
40
Minimum side yard (base + feet per unit)
20 + 2
10
30
10
Minimum rear yard (feet)
30
10
30
10
Maximum height (stories)
3
1.5
3
1.5
Minimum floor space (square feet)
650
600
[Amended 6-17-2002 by L.L. No. 3-2002]
A. 
Purpose. The purpose of the Industrial (I-1) District is to provide space for new and expanding industry in such a way as to minimize impact on nearby residential holdings within the Village.
B. 
Uses permitted by right for which a permit is required are as follows:
Agricultural structures
Customary accessory uses
Demolition of structures
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54*
Garage/accessory
Household good sales, in accordance with § 155-44
Laboratory/commercial research
Nursery/greenhouse
Open porch patio
Public park
Signs in accordance with § 155-53*
Solar systems, private, in accordance with § 155-57A*
Swimming pools, private, in accordance with § 155-49
Storage structure (over 120 square feet), in accordance with § 155-50
Television dish antenna in accordance with § 155-56
Temporary dwelling units in accordance with § 155-67*
Tower, noncommercial (50 feet or less), in accordance with § 155-55*
C. 
Uses by special use permit for which a hearing is required are as follows:
Administrative support services
Adult uses, in accordance with § 155-75.1.
[Added 5-15-2006 by L.L. No. 2-2006[1]]
Apparel manufacturing
Autobody repair shop in accordance with § 155-47
Building contractor business
Building materials store/home improvement center
Carnival/circus — temporary
Computer/electronic products
Distribution center
Electric equipment, appliances, components
Fabricated metal
Farm animals, in accordance with § 155-65
Fence/walls in accordance with § 155-54*
Flea market, group sales of wares and auctions, as defined in Article II of this chapter.
[Added 6-4-2007 by L.L. No. 1-2007]
Food and beverage manufacturing
Fruit processing plant
Furniture and related products
Gas compressor
Home occupation, general, in accordance with § 155-41
Information services
Large group gatherings in accordance with § 155-64
Leather/allied products
Loading/unloading facility, commercial, in accordance with § 155-52
Machinery manufacturing
Miscellaneous manufacturing
Nondurable goods — wholesale
Nonmetallic mineral products
Paper manufacturing
Parking, commercial, in accordance with § 155-51
Plastic products
Printing and related
Roadside stand, general, in accordance with § 155-45
Signs in accordance with § 155-53*
Solar system, private, in accordance with § 155-57B*
Swimming pools, public, in accordance with § 155-49
Telecommunication tower, commercial, in accordance with § 155-55.1
Television/radio towers, commercial, in accordance with § 155-55
Temporary dwelling units in accordance with § 155-67*
Tennis court, public
Tennis court, private
Textiles
Tower, noncommercial, (above 50 feet) in accordance with § 155-55*
Transportation equipment manufacturing
Transportation warehousing
Waste management
Wholesale business
Winery
Wood products
*NOTE: All uses marked with an * are allowed by two or more types of permit processes (by right, special use, or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit process applies.
[1]
Editor's Note: This local law also deleted the use "Adult entertainment."
D. 
Uses requiring site plan review. The Village Planning Board allows all of the following uses subject to site plan review.
(1) 
Industrial uses, including, but not limited to, manufacturing, commercial facilities, public utilities stations, offices and warehouses.
(2) 
Accessory uses, including enterprises primarily engaged in providing services to permitted principal uses, or customary on-site employee services.
(3) 
Public and semipublic uses.
E. 
Uses for which performance standards apply. All of the following uses are allowed by right or special use permit but shall be subject to meeting and adhering to performance standards as specified in Article XV, Performance Standards.
(1) 
All industrial, manufacturing and commercial uses listed as allowable in this section by special use permit. All commercial uses may be exempted from these requirements by permitting board.
F. 
Uses for which a permit is not required are as follows:
Agricultural
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54*
Forestry, lumbering, reforestation
Heavy vehicle parking in accordance with § 155-63
Horticulture, private
Junk cars, private
Outdoor storage and recreational
Parking, private, in accordance with § 155-51
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53*
Storage structure (120 square feet or less), in accordance with § 155-50
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities, public
Wildlife habitat
Windmills, private in accordance with § 155-55
G. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
I-1 District
Nonresidential Uses
Primary Use
Secondary Use
Minimum lot size (square feet)
25,000
Minimum lot width (feet)
100
Maximum lot coverage (% of lot area)
70
20
Minimum front yard (feet)
50
50
Minimum side yard (feet)
10
10
Minimum rear yard (feet)
10
10
Maximum height (stories)
3
1.5
Minimum floor space (square feet)
None
A. 
Purpose. The purpose of the Service Industrial (SI-1) District is to promote commercial service uses, such as lumberyards or auto repair shops, as well as warehousing. Another important purpose of the SI-1 District is to provide a buffer between residential and industrial districts.
B. 
New residential uses are prohibited within the SI-1 District.
C. 
Uses permitted by right for which a permit is required are as follows:
[Amended 6-16-2003 by L.L. No. 1-2003]
Demolition of structures
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54
Garage, accessory
Household goods sales in accordance with § 155-44
Municipal offices
Open porch/patio in accordance to § 155-29
Public park
Roadside stand, limited, in accordance with § 155-45
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57A
Storage structure, accessory, in accordance with § 155-50
Swimming pools, private, in accordance with § 155-49
Television dish antenna in accordance with § 155-56
Temporary dwelling unit in accordance with § 155-67
Tower, noncommercial, (50 feet or less) in accordance with § 155-55
D. 
Uses by special use permit for which a hearing is required are as follows:
[Amended 6-16-2003 by L.L. No. 1-2003]
Animal hospital
Antique shop
Art gallery/studio
[Added 2-19-2013 by L.L. No. 1-2013[1]]
Auto body repair in accordance with § 155-54
Bed-and-breakfast establishment in accordance with § 155-74
Building contractor
Building material manufacturer
Building materials store
Carnivals/circuses (temporary)
Car wash
Commercial recreation
Customary accessory uses
Custom workshop
Drive-in business (food, etc.) in accordance with § 155-46
Electronic/small parts manufacturing
Fences/walls in accordance with § 155-54
Fraternal meeting facilities
Fruit processing plant
General industry
Health club
Home occupations, general, in accordance with § 155-41
Large group gatherings in accordance with § 155-64
Laundry/dry cleaning/laundromat
Load/unload facility, commercial, in accordance with § 155-52
Locksmith shop
Lumberyards
Machine shops
Parking, commercial, in accordance with § 155-51
Realty office
Rental stores
Restaurant
Roadside stand, general, in accordance with § 155-45
Schools
Shopping center/mall
Signs in accordance with § 155-53
Solar systems, private, in accordance with § 155-57B
Swimming pools, public, in accordance with § 155-49
Temporary dwelling unit in accordance with § 155-67
Temporary toxic waste storage in accordance with § 155-58
Tennis courts, private
Tennis courts, public
Theaters
Tower, noncommercial, (above 50 feet) in accordance with § 155-55
Truck terminals
Television/radio towers, commercial, in accordance with § 155-55
Vehicle repair in accordance with § 155-47
Warehouse
Wholesale business
Windmill, private, in accordance with § 155-55
Winery
[1]
Editor's Note: This local law also deleted agricultural structures, gas/oil wells and mobile home/trailer sales from this subsection.
E. 
Uses for which a permit is not required are as follows:
Agriculture
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Forestry/lumbering/reforestation
Horticulture, private
Junk vehicles, on private property, in accordance with § 155-60
Outdoor storage of a recreational vehicle in accordance with § 155-68
Parking, private, in accordance with § 155-51
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
Wildlife habitat
F. 
Area standards shall be in accordance with the following table. See Article V, General Regulations, for substandard lots.
Area Standards
SI-1 District
Nonresidential Uses
Primary Use
Secondary Use
Minimum lot size (square feet)
25,000
Minimum lot width (feet)
100
Maximum lot coverage (% of lot area)
70
20
Minimum front yard (feet from street edge)
10
30
Minimum side yard (feet)
10
10
Minimum rear yard (feet)
10
10
Maximum height (stories)
3
1.5
Minimum floor space (square feet)
None
G. 
Site plan review. Site plan review shall be required of all development within the SI-1 District that modifies or expands an existing use or creates a new use and to new construction, to include additions and enlargements. In completing the site plan review process, the Planning Board and others shall give special consideration to mitigating negative impacts between districts as described in § 155-35 of the Code.
[Amended 6-16-2003 by L.L. No. 2003]
A. 
Purpose. Flood districts overlap other zoning districts and thus the regulations which apply to floodplain areas supplement the regulations of the zoning district (e.g., residential, agricultural, etc.) in which the land is located. It is the purpose of the flood damage regulations to promote the public health, safety and general welfare, and to minimize public and private loss due to flood conditions in specific areas by provisions created:
(1) 
To protect human life and health.
(2) 
To minimize expenditure of public money for costly flood-control projects.
(3) 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4) 
To minimize prolonged business interruptions.
(5) 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard.
(6) 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(7) 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. 
Flood district boundary. The flood damage regulations which follow apply to the areas of special flood hazard identified by the Federal Insurance Administration on its Flood Boundary Map (FHBM), No. H01-02 dated May 17, 1974, and any revisions thereto, or any subsequent flood boundary maps issued by the Federal Insurance Administration to supplant, replace or modify FHBM No. H01-02, are adopted by reference and declared to be a part of this chapter. The FHBM is on file at the municipal offices.
C. 
Provisions for flood hazard reduction. The following standards shall apply to special flood hazard areas:
(1) 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) 
All mobile homes and any additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing an anchoring system designed to withstand a wind force of 90 miles per hour.
(2) 
Construction materials and method.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) 
New and replacement sanitary sewer systems will be designed to minimize or eliminate infiltrations of floodwaters into the system and discharge from the systems into the floodwaters.
(c) 
On-site waste disposal systems shall be located to avoid impairment or contamination during flooding.
(4) 
Subdivision proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
(5) 
Encroachments. Any proposed development shall be analyzed to determine effects upon the flood-carrying capacity of the area of special flood hazard.
(6) 
Residential construction (where other base elevation data is available). New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
(7) 
Nonresidential construction (where other base elevation data is available). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(a) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(b) 
Have structural components capable of resisting hydrostatic loads and the effects of buoyancy.
[Added 9-7-2004 by L.L. No. 3-2004]
A. 
Purpose. The purpose of the Village Mixed-Use District is to allow a range of small businesses and housing types. The Village Mixed-Use area will allow the development of residential and limited commercial uses consistent with the existing land use pattern of the area. Basic design standards related to architecture, parking, and landscaping are incorporated into this section to aid with the development of the Village Mixed-Use District. The principle reason for these is to promote a "Village" feel rather than a strip-mall type of environment as an entrance to the community. Such standards will also help prevent potential conflicts among adjacent uses.
B. 
Uses by right for which a permit is required are as follows:
Dumpster, temporary construction, in accordance with § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Fences/walls in accordance with § 155-54
Signs in accordance with § 155-53
C. 
Uses by special use permit for which a hearing is required are as follows:
Accessory apartments
Antique stores
Art and craft studios
Bed-and-breakfast establishments in accordance with § 155-74
Bookstores
Boutiques
Child day-care center in accordance with § 155-41.1
[Added 6-18-2018 by L.L. No. 1-2018]
Clock repair shops
Fences/walls in accordance with § 155-54
Furniture shops (small)
Gift shops
Home occupations in accordance with § 155-41
Lamp shops
Lodging/boarding house
[Added 5-20-2013 by L.L. No. 3-2013]
Multifamily residences
Museums
Professional offices
Professional and personal services
Signs in accordance with § 155-53
Single-family residences
D. 
Uses for which a permit is not required are as follows:
Dumpster, if meeting one of the exceptions listed in § 155-62
[Added 1-4-2010 by L.L. No. 2-2010]
Parking, private, in accordance with § 155-51
Trash, temporary storage of, in accordance with § 155-62
[Amended 1-4-2010 by L.L. No. 2-2010]
Utilities
E. 
Area standards.
(1) 
Minimum lot size. The minimum lot size shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required. The additional 20% shall constitute setbacks and landscaped buffers. In no case shall any lot be less than 8,000 square feet in size.
(2) 
Minimum street frontage. The minimum street frontage is 45 feet.
(3) 
Maximum lot coverage. The maximum lot coverage allowed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required is 80% of the lot size.
(4) 
Setback regulations.
(a) 
Front. New buildings or alterations to existing structures in this district shall conform to a range of minimum/maximum front setbacks in order to maintain a strong sense of streetscape.
[1] 
Minimum. The minimum front setback shall be 15 feet.
[2] 
Maximum. The maximum front setback shall be 25 feet.
(b) 
Rear. The minimum rear setback shall be 20 feet.
(c) 
Side. The minimum side setback shall be 10 feet. Minimum side setbacks may be reduced to five feet in areas adjacent to on-lot parking or ingress/egress areas when other snow storage areas have been provided.
(5) 
Minimum and maximum height. Buildings shall he between 1 1/2 and 2 1/2 stories above grade as seen from their front sides, with a maximum height of 35 feet.
(6) 
Maximum building size. One-and-one-half-story buildings shall not exceed 2,000 square feet. Two-and-one-half-story buildings shall not exceed 3,500 square feet.
F. 
Building site and design.
(1) 
New buildings may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character and materials of buildings within the general area.
(2) 
Site design should enhance the rhythm, fabric, and form of the streetscape and landscape for pedestrians and motorists alike.
(3) 
Buildings shall be topped with pitched roofs with overhanging eaves.
(4) 
Exterior wall materials may include stucco, wood clapboard (including vinyl and aluminum imitation clapboard siding), or brick (brick color and design must generally conform to the "residential nature" of the district) and shall be subject to site plan review. Specifically prohibited shall be split-face aggregate block, T-111 plywood, unfinished concrete block, and metal siding.
(5) 
Buildings shall compliment landscape design to hide parking wherever possible.
(6) 
Building shall attempt to maintain a primarily residential character in design, siting and landscape design.
(7) 
All off-street parking shall be located behind or along side buildings and shall be screened from public streets or ways. All off-street parking in this district shall conform to the guidelines in § 155-19.1G.
G. 
Parking lot design.
(1) 
Parking lots shall be screened from the road and adjoining residential uses. A mix of deciduous and coniferous plantings shall be used, to provide an appropriate mix of summer shade and year round screening.
(2) 
Any off-street parking space or parking lot that abuts a street right-of-way shall be buffered by a landscaped area no less than 20 feet deep in which is located a continuous row of shrubs no less than 3.5 feet high in addition to required shade trees.
(3) 
No off-street parking shall be permitted in the front yards of buildings, nor shall off-street parking be permitted on corner lots except when screened from the street.
(4) 
Parking lots larger than eight spaces and/or 3,500 square feet in size shall be provided with at least one shade tree for every additional four parking spaces or portion thereof.
(5) 
Vehicular access to parking areas shall be provided from the rear when possible (off of Maple Street). In cases where vehicular access to a parking area must occur from the front of the lot the following shall apply:
(a) 
Driveways serving such parking areas containing four or fewer parking spaces shall be a minimum of 12 feet in width while those serving five or more parking spaces shall be a minimum of 18 feet in width.
(b) 
The location of any entrance or exit of a driveway, access lane or parking area where it enters the public right-of-way shall he subject to approval by the Village Superintendent of Highways or the New York State Department of Transportation, and a permit for the same shall he obtained prior to construction when required.
(c) 
All access points or aprons shall be paved for vehicular and pedestrian safety, drainage and ease of access.
(d) 
Driveways shall be at least 50 feet from the curbline of an intersecting street, unless physically impossible and approved by the appropriate highway agency.
(6) 
Exterior pedestrian access aisles shall be provided from parking areas to the front of the main structure. Such aisles shall be a minimum of four feet in width.
(7) 
Lighting of parking areas shall be directed downward and well-shielded, and glare shall not be cast onto neighboring properties. Maximum height of poles and fixtures shall be five feet, and maximum illumination shall be 100 watts of incandescent light, or equivalent, per fixture.
(8) 
Number of off-street parking spaces.
Use
Requirement1
Bed-and-Breakfast
In accordance with § 155-74
Child care
One per employee and one per six children
Dwellings
One per unit
Home occupation
In accordance with § 155-41A(6)
Professional office
One per 800 square feet of gross floor area
Professional and personal services
One per 800 square feet of gross floor area
Retail
One per 800 square feet of sales area
NOTES:
1
Or fraction thereof.
H. 
Signage. See § 155-53, Signs (District R-3, on premise) (three square feet maximum).
I. 
Landscaping.
(1) 
Shade trees shall be planted in front yard areas, as part of the condition for approval, at intervals no greater than 40 feet. Each lot shall have a minimum of one shade tree in this area. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived.
(2) 
Species shall be selected according to the following criteria:
(a) 
Trees shall be at least two inches to 2.5 inches in diameter, measured at chest height, when planted;
(b) 
Cast moderate to dense shade in summer;
(c) 
Survive more than 60 years;
(d) 
Mature height of at least 50 feet;
(e) 
Tolerant of pollution and direct or reflected heat;
(f) 
Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant;
(g) 
Be able to survive two years with no irrigation after establishment; and
(h) 
Be of native origin, provided they meet the above criteria.
J. 
Additional standards.
(1) 
The conversion of an existing building or structure to another use shall be permitted only if off-street parking can be provided to meet the requirements of § 155-51 and of Subsection G of this section.
(2) 
The enlargement of an existing building or structure shall only be permitted if off-street parking can be provided to meet the requirements of § 155-51 and of Subsection G of this section.
(3) 
Shared parking facilities.
(a) 
Parking spaces for one use shall not be counted for any other use. However, the Village Board may allow the parking required for two or more buildings or uses to be combined on the same or adjoining lots, if parking demand occurs at different times, and if the applicants demonstrate that such parking will remain available for all associated buildings or uses. Adjoining lots must share a common boundary of at least 25 feet in length in order to qualify for shared parking.
(b) 
Shared parking agreements shall be legally binding upon affected properties and property owners, and permits granted under such agreements shall be conditional upon recording of said agreements with the Village Clerk. A copy of said agreement, and proof of recording with the Village Clerk, shall be furnished to the Code Enforcement Officer prior to the occupancy or use of the affected properties and structures.
[Added 7-15-2019 by L.L. No. 1-2019]
A. 
Purpose. The purpose of the Professional Office District is to provide an area for the orderly concentration of medical facilities and related and complementary uses in a setting that provides an attractive entrance to the Village core yet enables the provision of a wide range of medical or professional services to enhance the public's health, safety, and general welfare. Permitted uses in the district include those uses customarily associated with medical care and other public uses.
B. 
Uses by right for which a permit is required are as follows:
(1) 
Dumpster, temporary construction, in accordance with § 155-62.
(2) 
Fences/walls, in accordance with § 155-54.
(3) 
Signs, in accordance with § 155-53.
C. 
Uses by special use permit/site plan for which a hearing is required are as follows:
(1) 
Child day-care centers, in accordance with § 155-41.1.
(2) 
Fences/walls in accordance with § 155-54.
(3) 
Hospitals.
(4) 
Medical clinic.
(5) 
Medical/dental laboratory.
(6) 
Libraries/museums/galleries.
(7) 
Professional offices.
(8) 
Professional medical building.
(9) 
Schools.
(10) 
Signs, in accordance with § 155-53.
(11) 
Solar systems, private, in accordance with § 155-57B.
D. 
Uses for which a permit is not required are as follows:
(1) 
Dumpster, if meeting one of the exceptions listed in § 155-62.
(2) 
Parking, private, in accordance with § 155-51.
(3) 
Trash, temporary storage of, in accordance with § 155-62.
(4) 
Utilities.
E. 
Area standards.
(1) 
Minimum lot size. The minimum lot size shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required. The additional 20% shall constitute setbacks and landscaped buffers. In no case shall any lot be less than 8,000 square feet in size.
(2) 
Minimum street frontage. The minimum street frontage is 60 feet.
(3) 
Maximum lot coverage. The maximum lot coverage allowed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required is 80% of the lot size.
(4) 
Setback regulations.
(a) 
Front. The minimum front setback shall be 30 feet, with 20 feet of landscape buffering from the lot line required.
(b) 
Rear. The minimum rear setback shall be 10 feet of buffering (greenspace, trees, etc.).
(c) 
Side. The minimum side setback shall be eight feet. Minimum side setbacks may be reduced to five feet in areas adjacent to on-lot parking or ingress/egress areas when other snow storage areas have been provided.
(5) 
Buildings shall be a maximum of two stories above grade, with a maximum height of 40 feet.
(6) 
Accessory buildings. See § 155-50, Accessory storage structures.
F. 
Building site and design.
(1) 
New buildings may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character and materials and respecting the traditional character of the Village.
(2) 
Site design should enhance the rhythm, fabric, and form of the streetscape and landscape for pedestrians and motorists alike.
(3) 
Buildings are encouraged to be designed to have pitched roofs with overhanging eaves.
(4) 
Exterior wall materials and facing may include wood clapboard (including vinyl and aluminum imitation clapboard siding) or brick (brick color and design must generally conform to the "historic nature" of the district) and shall be subject to site plan review. Specifically prohibited shall be split-face aggregate block, T-111 plywood, concrete block, stucco, and metal siding.
(5) 
Buildings shall complement landscape design to effectively screen parking wherever possible.
G. 
Parking lot design.
(1) 
New off-street parking facilities shall adhere to § 155-51, Off-street parking, of the Village Zoning Law in addition to the standards detailed in this subsection.
(2) 
Parking lots shall be screened from the road and adjoining residential uses as feasible. A mix of plantings shall be used to provide an appropriate mix of summer shade and year-round screening.
(3) 
Any off-street parking space or parking lot that abuts a street right-of-way shall be buffered by a landscaped area, with a minimum width of 20 feet, to include a mix of low-lying shrubs and shade trees. Planting screens should be designed to provide a filtered view of parking and other utility areas. The height of visual screens should be between four feet and six feet.
(4) 
Additional landscaping shall be incorporated into the interior of parking areas in the form of tree plantings for parking lot shade, planting strips, planting fingers, and parking islands.
(5) 
Vehicular access to parking areas shall be provided from the rear and/or sides whenever possible. In cases where vehicular access to a parking area must occur from the front of the lot, the following shall apply:
(a) 
Driveways serving such parking areas shall be in conformance with Chapter 132, Streets and Sidewalks, of the Village of Westfield Code and/or upon the written approval of the Village Public Works Superintendent.
(b) 
The location of any entrance or exit of a driveway, access lane or parking area where it enters the public right-of-way shall be subject to approval by the Village Superintendent of Highways or the New York State Department of Transportation, and a permit for the same shall be obtained prior to construction when required.
(c) 
All access points or aprons shall be paved for vehicular and pedestrian safety, drainage and ease of access.
(d) 
Driveways shall be at least 50 feet from the curbline of an intersecting street, unless physically impossible and approved by the appropriate highway agency.
(6) 
Exterior pedestrian access aisles shall be provided from parking areas to the front of the main structure. Such aisles shall be a minimum of five feet in width unless a public walkway is provided.
(7) 
Lighting of parking areas shall be in accordance with Page 10, Section 8, Outdoor Lighting, of the Village of Westfield B1-A District Design Guidelines.[1]
[1]
Editor's Note: The B1-A District Design Guidelines are on file in the Village offices.
H. 
Signage. See § 155-53, Signs.
I. 
Landscaping.
(1) 
All new trees planted shall be at least six feet in height and have a minimum caliper of two inches as measured six inches above grade.
(2) 
Nursery stock utilized for planting should meet or exceed quality standards established in the current edition of American Standard for Nursery Stock, published by the American Association of Nurserymen, Washington D.C. Nursery stock should be obtained from a reputable nursery within hardiness zone 4, 5, or 6 as defined by the United State Department of Agriculture (USDA).
(3) 
A buffer of appropriate deciduous or coniferous trees shall be established along any property boundary with a neighboring residential property. Such trees shall be spaced at intervals of 30 feet if a deciduous variety with a mature width of 20 feet and a minimum initial planted height of six feet with a two-inch caliper, as measured at six inches above grade. If a coniferous variety, trees shall be spaced at intervals of 10 feet with an initial planted height of a minimum of five feet.
(4) 
Unused areas. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Planning Board that landscaping is not necessary to fulfill the purposes of this chapter.