Except as otherwise provided for in this chapter,
every building shall be constructed or erected upon a lot or parcel
of land which abuts upon a public street unless a permanent public
easement of access to a public street was of record prior to the adoption
of this chapter. However, this shall not preclude the creation of
a private road on a fifty-foot right-of-way which connects to a public
road and serves one or more subdivided lots which has been or is specifically
approved by the Board of Trustees of the Village of Westfield. Upon
request from a developer, landowner(s), etc., the Municipal Board
shall consider the takeover of a private roadway upon receiving commitments
by all involved parties that the roadway will be constructed to standards
specified by the municipality. This provision shall not obligate the
municipality in any way to take over any road, even if said road meets
specified road construction standards.
When two or more parcels of land, each of which
lacks adequate area and dimension to qualify for a permitted use under
the requirements of the use district in which they are located, are
contiguous and are held, or were held upon adoption of this chapter,
in common ownership, they shall be used as one lot for such use.
Both street sides of a corner lot shall be treated
as front yards in the application of bulk, area and parking requirements.
A.
The height limitations of this chapter shall not apply
to church spires, belfries, cupolas, silos, penthouses and domes not
used for human occupancy nor to chimneys, ventilators, skylights,
windmills, water tanks, bulkheads, similar features and necessary
mechanical appurtenances usually carried above the roof level. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose they are intended to serve and shall not
exceed in cross-sectional area 20% of the ground floor area of the
building.
B.
The provisions of this chapter shall not apply to
prevent the erection above the building height limit of a parapet
wall or cornice for ornament (and without windows) extending above
such height limit not more than five feet.
The minimum area requirements specified for
each type of allowed use shall not prevent the construction of an
allowable use on a substandard sized lot which existed and was officially
recorded at the time of enactment of the first zoning law of the Village
of Westfield establishing such minimum size lots and setbacks, if
the following conditions are met:
A.
At the time of the enactment of the first zoning law, the substandard lot was not contiguous with another lot in the same ownership. (See section on contiguous parcels in Article V.)
B.
The substandard lot is not less than 75% of all applicable
standards.
C.
The County Health Department approves the lot where
there are no municipal utilities.
[Amended 11-15-2010 by L.L. No. 7-2010]
A.
For the purpose of maintaining sight lines and promoting traffic
safety, on any corner lot in any district no fence, wall, or other
structure more than three feet in height shall be erected or placed
within the triangular areas formed by the intersecting street edge
lines and the imaginary straight line between the points 25 feet from
the intersecting street edge lines along the street edge lines.
When a use is not specifically listed as a "use by right" or a "use by special use permit" within any zoning district, it shall be assumed to be a prohibited use. Nothing herein contained shall limit an applicant from bringing matters specifically authorized before the Zoning Board of Appeals in accordance with the standards and procedures specified for the Zoning Board of Appeals in Article IX of this chapter.
During the construction of a foundation, general
landscaping or any other extensive excavating project, a person, firm,
corporation, etc., shall not strip, excavate or otherwise remove soil/gravel
unless the following conditions are met:
A.
Topsoil. Topsoil is replenished or left with sufficient
amounts to support future development needs.
B.
Groundwater runoff. Runoff will not be caused to flow
into neighboring properties, to pool or to cause erosion.
C.
Time requirement.
(1)
A certificate of occupancy cannot be granted until
the above requirements have been met.
(2)
All of the above conditions shall be met within one
year from the time the project started. However, the Municipal Board
shall have the power to grant extensions for just cause after receiving
a written request which includes the reasons for the request.
A.
Preservation of yards, courts and open space. Rear yards, courts and other open spaces shall be kept undeveloped in order to meet setback and coverage requirements of this chapter, except as specified in Subsection B below.
B.
Permitted obstructions. The following shall not be
considered to be obstructions when located in the preserved yards,
courts and open space:
(1)
Open terraces, decks, patios, open porches, awnings
and canopies, chimneys, trellises, flagpoles, open fire escapes, balconies
and other similar uses which do not extend more than 40% of the required
setback nor come closer to a lot boundary line by more than 40% of
the required setback.
(2)
Bay windows, steps, chimneys, overhanging eaves and
gutters and other similar uses shall not extend more than three feet
from the principal structure nor come within two feet of any property
line.
C.
Location. All yards, courts and open space shall be
located on the same lot as the structure for which the setback and
area requirements are required.
In an existing neighborhood where structures
are not set back from the edge of the road by the distance specified
by this chapter, the required setback shall be noted in the zoning
permit at a distance which blends with existing adjacent structures
and best preserves the aesthetics of the neighborhood. The varied
setback may be based on the average of the setbacks of the two adjacent
structures minus up to five feet. Any variation requested which is
in greater variation than that authorized shall require an area variance.
A.
Number of residential dwellings per lot. No more than
one principal detached residential dwelling shall be constructed on
a lot.
B.
Division of lots. No lot improved with a building
or buildings shall hereafter be divided into two or more zoning lots
and no portion of any zoning lot which is improved with a building
or buildings shall be sold, unless all zoning lots resulting from
each such division or sale and improved with a building or buildings
shall not be less conforming to all the bulk regulations of the zoning
district in which the property is located. However, any portion of
a parcel may be removed if it is to be used with an adjacent parcel
and the original parcel continues to conform to the bulk regulations.
[1]
Editor’s Note: Former § 155-32, Lots in two districts,
was repealed 1-18-2016 by L.L. No. 1-2016.
When property to be developed fronts upon a
highway and access to the highway is desired, an approved permit from
the applicable agency for the development of such highway access shall
be presented. The Highway/Street Superintendent may require the installation
of appropriately sized sluice pipe where it is likely that drainage
problems exist or will be created by the presence of a driveway on
a public right-of-way.
In order to promote, preserve and protect agricultural
business, any portion of this chapter that would reduce operation
capability of a preexisting agricultural business shall be waived
in that instance. However, where a documented health or safety problem
exists or would be created if sections of this chapter were not adhered
to, then these sections shall be enforced, but only to minimum necessary.
Determinations or interpretations shall be made by the Zoning Board
of Appeals.
A.
Purpose. The purpose of this section is to promote
harmonious use of land located at district boundaries.
B.
Conditions. Where the permitting Board determines
there is a need to protect a residential neighborhood located in a
residential district from a permitted use in an adjacent district,
the board may:
(1)
Require an artificial or natural buffer, such as a
hedge, fence, wall etc., which shields the residential units from
the business use.
(2)
Require the doubling of the yard setback requirements
to protect the neighborhood.
(3)
Control the positioning of signs, lights, parking,
mechanical equipment and any other feature so as to reduce the potential
nuisance.
(4)
Impose other appropriate requirements.
C.
Preexisting uses. This section shall only apply to
new construction to include additions and enlargements.
