A. 
Purposes. Development conditions shall be attached to zoning variances or special use permits when necessary or advisable to reduce or eliminate conflicts between uses or to protect the health, safety and general welfare.
B. 
Areas of concern. The following checklist shall be considered by the Zoning Board of Appeals in its consideration of requests for use/area zoning variances and by the Village Board in its review of requests for the granting of special use permits, in addition to the specific areas of consideration listed in Articles IX and XI of this chapter, respectively. The checklist is not intended to be all-inclusive and does not limit areas of concern over which conditions may be imposed. Similarly, not all factors listed in the checklist may apply in all cases of zoning variance or special use permit review. Nothing herein contained is intended to supersede, replace, supplant or otherwise modify in any manner the provisions of § 7-712 of the New York State Village Law nor any other section or provision thereof.
(1) 
Traffic.
(a) 
Safety of ingress/egress from roadway.
(b) 
Intersection visibility.
(c) 
Level of anticipated new traffic generation in relation to existing road capacity and traffic.
(d) 
Adequacy of off-street parking and loading.
(e) 
Pedestrian safety.
(f) 
Circulation drives.
(g) 
Location of structures in relation to Subsection B(1)(a) through (f) above.
(2) 
Safety.
(a) 
Trash disposal.
(b) 
Steep slopes.
(c) 
Open pits.
(d) 
Flammable fluids.
(3) 
Health.
(a) 
Sewers/water.
(b) 
Sunlight.
(c) 
Air movement.
(d) 
Junk vehicles.
(e) 
Trash storage.
(4) 
Character of neighborhood.
(a) 
Development density.
(b) 
Traffic volume.
(c) 
Lot sizes.
(d) 
Compatible uses.
(e) 
Existence/need for buffers.
(5) 
Public costs.
(a) 
Road damage.
(b) 
Need for new roads.
(c) 
Need for new utilities.
(6) 
Environmental protection.
(a) 
Floodplain.
(b) 
Wetlands.
(c) 
Surface runoff and capacity of ditch/creek to accept additional runoff.
(d) 
Natural features.
(7) 
Nuisances.
(a) 
Noise.
(b) 
Odors.
(c) 
Dust.
(d) 
Lights.
(e) 
Hours of operation.
(f) 
Lot size.
(g) 
Need for buffers.
(h) 
Location/proximity of nuisance.
(8) 
Land use preservation.
(a) 
Agriculture.
(b) 
Open space.
(9) 
Aesthetics.
(a) 
Restoration.
(b) 
Appearance.
(c) 
Scenic views.
(d) 
Buffers.
C. 
Failure to comply. Applicants who have received variances or special use permits with conditions attached shall be responsible for continuous compliance with the specified conditions. Noncompliance with any condition shall result in the revocation of the variance/special use permit and continuation of the use shall only be allowed after reapplication for the variance/special use permit.
A. 
Purpose. Cluster residential provisions are intended to allow limited flexibility where desirable in order to permit and encourage superior development of relatively large undeveloped sites; development aims may include the preservation of views or natural features, provision of amenities for common use, including recreational facilities not feasible on individual lots, and innovative groups of dwellings which will provide desirable variety in the municipal housing stock. To carry out these purposes, standards for individual lot area and dimensions may be reduced from the standards of the district in which the cluster is located, if compensating permanent common area ancillary to the dwelling unit is provided in accordance with § 155-37B(5).
B. 
Standards for development.
(1) 
A cluster residential development shall not be less than five acres of contiguous undeveloped area under single ownership.
(2) 
Uses permitted shall be limited to residential uses permitted in the district in which it is located, except that no home occupation shall be permitted.
(3) 
Maximum permitted reductions in individual lot standards. Any lot in a cluster residential development may be reduced from the standards of the district in which it is located by the following or lesser amounts:
(a) 
Minimum lot area may be reduced by 20%.
(b) 
Minimum lot width may be reduced by 10%.
(c) 
Minimum rear yard, if abutting common open space, may be reduced five feet, if abutting another residential lot, no reduction is permitted.
(d) 
Minimum side yards may be reduced by three feet.
(e) 
Minimum front yard standard may not be reduced.
(f) 
Maximum lot coverage may be increased by 5%.
(4) 
Compensating permanent common area ancillary to the dwelling units shall consist of land and recreational facilities held in common by the owners of lots in the residential cluster development, exclusive of accessways, common parking areas or other nonresidential areas which may also be held in common; further, such common space shall be of a nature and extent to be of benefit to the residents of the residential cluster development.
(5) 
Compensating permanent common area shall equal or exceed the total of individual lot area reductions.
(6) 
Permanent common areas shall be set aside and developed for the common use and enjoyment of all residents of the cluster development and appropriate convenient access shall be provided.
(7) 
Applicable general provisions and supplemental regulations of this chapter shall apply to all cluster residential developments.
C. 
Application and procedures for establishing a cluster residential development.
(1) 
Application for establishing a cluster residential development shall be made to the Clerk who shall refer the application to the Municipal Board and the Planning Board.
(2) 
The application shall include:
(a) 
The names and addresses of owner and developer.
(b) 
Written statements concerning need for development and suitability of site; potential impact on abutting properties and the neighborhood; development schedule for private and common areas; method of disposition of common areas, including pertinent documents regarding owner's association or other organization and long-term maintenance; estimates of annual maintenance costs; and other pertinent information.
(c) 
A location map drawn to scale of not less than one inch equals 1,000 feet showing subject parcel, existing and proposed access streets and nature of abutting development.
(d) 
The overall development plan drawn to scale of one inch equals 10 feet with contour intervals of two feet, showing the exact size and shape of the subject parcel, natural features to be preserved, proposed residential lots and their dimensions, internal and surrounding streets and all other provisions for pedestrian and vehicular access and circulation, off-street parking and loading areas, utility rights-of-way or installations on or near the property, location, dimensions and area of proposed open space or other commonly held facilities which are part of the compensating permanent common area, comparison of total area of residential lot reduction with total area of common area and the nature and location of public or private utilities which would serve the residential cluster.
(e) 
Preliminary landscaping and drainage plans at a scale of one inch equals 10 feet with two-foot contour intervals.
(f) 
Preliminary architectural and engineering drawings to show the nature of residential and open space or recreational facilities proposed.
D. 
Action by the Village Board and Planning Board.
(1) 
The Village Board will review and rule on the application for a cluster residential development as expeditiously as practicable and in no case later than 90 days after all information required for the application is received.
(2) 
The Board will consider:
(a) 
The need for development and suitability of site.
(b) 
The impact on the neighborhood, circulation system and on the Village as a whole.
(c) 
Feasibility and practicality of providing and maintaining common areas, including costs to prospective homeowners.
(d) 
The need for complete disclosure to prospective buyers of future costs and responsibilities in connection with common areas.
(e) 
The need to require performance bond if nature of development warrants.
(f) 
Other factors which affect the viability of the proposal and general welfare of the municipality.
(3) 
The Board may request the preliminary meetings with the applicant in order to obtain additional information or explanation of the proposal.
(4) 
The Board may hold an informational meeting in addition to the required public hearing to receive local public opinion and reaction and shall make information concerning the proposal available to the public before such meeting.
Commercial structures (preexisting and new) located within the allowed district may, by special use permit, be partially used for dwelling purposes when the following conditions are met:
A. 
Location in structure. All such dwelling units shall be located on the second or third floor; provided, however, that such dwelling units may be located on the first floor where:
[Amended 2-16-2010 by L.L. No. 3-2010]
(1) 
A separate commercial space is maintained in that part of the building adjacent to the street and commonly referred to as the "storefront";
(2) 
The commercial space is no smaller than 300 square feet;
(3) 
The commercial space extends the full width of the storefront, unless a hallway or other common space is planned; and
(4) 
The dwelling unit is occupied by the building owner or business manager.
B. 
Location. The location is appropriate for housing units with respect to health, safety and welfare of the occupants.
C. 
Parking. Sufficient off-street parking is available, preferably on the parcel where the structure is located or in close proximity to the structure.
D. 
Other conditions. Other reasonable conditions as deemed necessary.
A. 
Purpose. This section sets parameters for the construction or conversion to apartments such that the construction/conversions are compatible with agricultural uses and that rural character is maintained.
B. 
Conditions.
(1) 
Location. New apartments shall be located in areas that already have residential uses present so that more rural/agricultural areas are not infringed upon.
(2) 
Buffers. Where appropriate, buffers shall be established.
(3) 
Nuisances. Developers shall be aware that minimal agricultural practices may create unpleasant situations for residential uses, but as per the agricultural section of this chapter, these circumstances must be tolerated.
A. 
Purpose. The conversion of existing single-family dwellings into multiple-family units shall be regulated in accordance with this section for districts where said conversions are specifically listed as being an allowed use. The purpose is to protect established neighborhoods (especially predominantly single-family neighborhoods) from adverse change resulting from density increases.
B. 
Conditions. The following conditions shall be met or a variance must be requested:
[Amended 6-17-2002 by L.L. No. 3-2002]
Conditions
R-1 District
R-2, R-3, B-1, B-2 and AR-1 Districts
Number of apartments created
Maximum: 1
In R-2, a maximum of 2 by right and 3 by special use permit; in R-3, B-1, B-2, AR-1, no limit if requirements are met
Apartment size
Minimum: 650 square feet
Minimum: 650 square feet; no expansion of existing dwelling is permitted
Area requirements
Lot must conform to R-1 area requirements
Lot must conform to 75% of appropriate area requirements
Off-street parking
Minimum: 1.5 spaces per unit
Minimum: 1/2 space per unit in R-2; 1 1/2 spaces per unit in other districts
Size of original single-family dwelling
Minimum: 2,000 square feet
Minimum: 1,500 square feet floor space.
Character of neighborhood
Will not be changed
Will not be changed in R-2; will not be substantially changed in other districts
A. 
Standards. In districts where allowed, home occupations shall meet the following conditions:
(1) 
Floor area. The maximum floor area of the primary dwelling unit devoted to the home occupation shall not be more than 25% of the total floor space of the dwelling unit, with a maximum of 500 square feet.
(2) 
Use of accessory building. Upon the effective date of this chapter, no accessory building not being used as a home occupation shall be so utilized.
(3) 
On-premises sales. For allowed uses, goods may be sold on premises when it is determined that the sales will not alter the essential character of the neighborhood and will not be detrimental to property values in the vicinity. The permitting Board may prescribe conditions that it deems necessary or desirable for the sale, storage and delivery of goods.
(4) 
Outside display. There shall be no outside display of any nature except for permitted signs.
(5) 
Signs. One sign up to a maximum of three square feet and no higher than five feet from ground level to the top of the sign shall be allowed on premises.
(6) 
Parking. Off-street parking shall be required sufficient to handle peak periods.
(7) 
Nuisances. No nuisances as defined in the definition section of this chapter[1] shall be allowed. The effect upon the character of the neighborhood shall be minimal.
[1]
Editor's Note: See § 155-6, Definitions.
(8) 
Permitted uses. The following, as well as similar non-nuisance-producing occupations, is a list of uses that are allowed as home occupations when they meet the aforementioned conditions:
(a) 
Doctor.
(b) 
Lawyer.
(c) 
Real estate broker.
(d) 
Dentist.
(e) 
Antique shop.
(f) 
Artist.
(g) 
Beauty shop.
(h) 
Business office.
(i) 
Engineer.
(j) 
Architect.
(k) 
Accountant.
(l) 
Craftsman.
B. 
Preexisting home occupations. Home occupations legally existing before the enactment of this chapter shall not generally be required to comply with the above conditions. However, where there is clear evidence that a nuisance is present due to an increased level of activity or a substantial change in the nature of the home occupation, then the use shall be subject to a special use permit proceeding and any of the above conditions may be imposed on the use where reasonably possible.
[Added 6-18-2018 by L.L. No. 1-2018]
A. 
The following criteria apply to any child day-care center except home day cares:
(1) 
A child day-care center is subject to site plan and design review.
(2) 
A child day-care center shall be located on a lot that is a minimum of 1.25 acres.
(3) 
A fence of at least four feet in height shall be provided, separating any outside area designated for use in relation to the child day-care center from abutting lots, parking areas, driveways or streets.
(4) 
Adequate off-street parking is provided for employees, volunteers, and visitors. The number of required spaces will be calculated based upon the number of children enrolled at the child day-care center, the number of employees mandated by the state and the required handicap space(s).
(5) 
Child day-care facilities are properly licensed by the State Department of Social Services.
(6) 
Day-care activities shall not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zones.
Professional offices may be allowed within residential structures by special use permits in accordance with the following specific conditions:
A. 
Location. Professional offices (noninhabited) shall only be located in the B-1 or AR-1 Districts. Professional offices may be located within any other district, except R-1, but the professional utilizing the office must also reside on a full-time basis within the structure in which the office is located.
B. 
Floor space. The maximum floor space to be utilized for a professional office shall be specified.
C. 
Parking. Adequate off-street parking shall be provided in order to handle the peak parking demands. Adequate space for expansion of parking and/or the maneuvering of vehicles must be provided.
D. 
Traffic safety. The ingress/egress system must be designed so as to minimize potential traffic safety problems.
E. 
Signs. A three-square-foot on-premises sign shall be allowed by right (permit required) for any inhabited professional office. All signs associated with noninhabited professional offices shall be regulated in accordance with the sign section of Article VI.[1]
[1]
Editor's Note: See § 155-53, Signs.
F. 
Buffer. A proper buffer zone shall be provided so as to protect adjacent properties, if deemed necessary.
G. 
Hours. The hours and days of operation shall be included as a condition for the granting of the special use permit. No incidental office shall be open between the hours of 9:00 p.m. and 8:00 a.m.
H. 
Employees. As many as two family members may work in the incidental office, but not more than one outside employee.
I. 
Lot size. The overall size of the property must be such that it is capable of supporting the professional office operations and any related activity, while at the same time maintaining appropriate open space.
J. 
Neighborhood. The general character of the neighborhood must not be substantially changed by the presence of the professional offices, nor shall there be a resultant devaluation of adjoining properties.
A. 
Purpose. To preserve the rural character of the AR-1 District, only businesses meeting the conditions below shall be allowed:
B. 
Conditions.
(1) 
Traffic safety. Assurances shall be received that safe entry and exit is available along with sufficient parking and loading areas.
(2) 
Lot size. If it is deemed necessary for the purpose of promoting health, safety or general welfare, the minimum lot size required may be greater than what is specified for the AR-1 District.
(3) 
Buffers and landscaping. Where adjacent uses warrant, an appropriate buffer can be required, and, in addition, suitable landscaping may be requested of the applicant.
In order to preserve the character of neighborhoods, garage and other similar type of noncommercial sales (lawn sales, household sales, flea market, etc.) shall be subject to the following conditions:
A. 
Frequency. Sales shall be limited to three separate periods of three days each year per location.
B. 
Signs. Refer to supplemental section on signs.[1]
[1]
Editor's Note: See § 155-53, Signs.
C. 
Fees. No fee shall be charged for household sales. However, permits are required with application therefor secured a minimum of one day prior to the sale.
D. 
Exempt sales. All public or civic nonprofit organizations shall be exempt from the requirements of this section.
A. 
Definition. For the purposes of this chapter, roadside stands shall consist of two types, general roadside stands and limited roadside stands.
B. 
Regulations.
(1) 
General roadside stands are permitted by special use permit granted in accordance with the requirements and standards set forth in this chapter.
(2) 
Limited roadside stands are permitted by right in accordance with Subsection B(3) of this section.
(3) 
All roadside stands shall comply with the following:
(a) 
Safe entry, exit and parking.
(b) 
Sufficient off-street parking to meet peak demand.
(c) 
Hours of operation which are compatible with the neighborhood.
(d) 
Signs in accordance with sign section.[1]
[1]
Editor's Note: See § 155-53, Signs.
C. 
Preexisting roadside stands. All stands utilized in the twenty-four-month period prior to the effective date that this chapter was originally enacted shall be exempt from all regulations found in this section. However, any expansion or alterations shall be subject to special use permit to determine which of the conditions of this section shall apply.
A. 
Definition. Drive-in establishments shall include those businesses designed to either wholly or partly provide services to customers who are in their automobiles parked on the premises. Included are, but not limited to, drive-in theaters, restaurants, film shops, etc.
B. 
Regulations. Drive-in establishments shall be allowed by special use permits in districts where they are permitted, and the following conditions shall be evaluated in considering action on the permit:
(1) 
Requirements for the granting of special use permits set forth in this chapter.
(2) 
Traffic safety.
(a) 
Provisions for vehicles of patrons to exit off of and to return to public streets.
(b) 
Safe entry and exit shall be provided with only one entry and exit point.
(c) 
Proper parking, which allows convenience and safety.
(d) 
Pedestrian safety.
(3) 
Location considerations will be analyzed to ensure that the character of the neighborhood will not be materially damaged.
(4) 
Hours of operation.
(5) 
The need for buffers, especially when situated near residential structures.
A. 
Permit requirements. Vehicle repair shops and auto body shops shall be allowed by special use permit in accordance with the all of the applicable provisions of this chapter as well as the following conditions:
B. 
Conditions. The following conditions shall be met:
(1) 
Vehicle storage. Any vehicle stored outside shall be enclosed within an appropriate fence to hide it from view.
(2) 
Hours of operation. The hours of operation shall be derived so as to limit noise during nonbusiness hours.
(3) 
Area requirements. The lot on which the shop is located shall be a minimum of three acres in an AR-1 District. The shop shall be allowed only if it is to be located at least 400 feet from any existing residential structure.
(4) 
The supplemental section on trash shall strictly followed.[1]
[1]
Editor's Note: See § 155-62, Trash storage.
C. 
Preexisting uses.
(1) 
Expansion and enlargements. All expansions or enlargements of repair shops in existence prior to the enactment of this chapter shall be subject to Subsection B(1), fences, of this section.
(2) 
Preexisting uses. Where it is determined at a public hearing held by the Municipal Board that a nuisance exists with a preexisting use, then Subsection B(1), fences, and/or Subsection B(2), Hours of operation, can be enforced within a reasonable time period.
A. 
Purpose. Gas stations are regulated in this section to promote safe and properly located stations which are visually attractive.
B. 
Entrance/exit. No public garage or motor vehicle service station, or private garage for more than five vehicles, shall have a vehicular entrance closer than 200 feet to an entrance to a church, school theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
C. 
Location. All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer than 50 feet to any side property line.
D. 
Inoperative vehicles. Inoperative vehicles and parts of motor vehicles shall be stored in a neat and orderly fashion for not more than 30 days.
E. 
Waste materials. All waste materials, motors and motor vehicle parts will be stored within the structure or enclosed within fencing so as not to be visible from off the property.
F. 
Preexisting stations. Motor vehicle service stations in existence before the enactment of this chapter shall be subject to Subsection D, Inoperative vehicles, and Subsection E, Waste materials. Compliance shall take place within 30 days. In addition, any expansion or enlargement of motor vehicle service stations shall be subject to all regulations in this chapter, within reason, as determined by the Municipal Board. Where compliance would conceivably create a hardship, it shall be the option of the owner of the nonconforming use to apply for a variance.
A. 
Conditions. A private swimming pool installed or maintained as an accessory to a residential use shall meet the following requirements:
(1) 
Fence. Any pool which is installed in-ground shall be completely enclosed by a security fence not less than four feet in height, and for all pools there shall be gates, ladders or doors equipped with self-closing and self-latching devices designed and capable of keeping such gates, ladders or doors securely closed at all times when not in actual use.
(2) 
Filtration system noise. Pools which are equipped with an integral filtration system and filter pumps or other mechanical devices shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.
(3) 
Maintenance. Both in-ground and aboveground pools, accessory buildings, fences, etc., shall be properly maintained.
(4) 
Drainage. Provisions for the drainage of such pools shall be adequate and shall not interfere with the public water supply system, existing sanitary facilities, neighboring properties, etc.
(5) 
Lot coverage. Such pool shall not occupy more than 40% of the area of the rear yard, excluding all garage or other accessory structures located in such area.
B. 
Preexisting uses. Pools in existence prior to the enactment of this chapter shall, within one year, comply with the following conditions: Subsection A(1), Fence; Subsection A(3), Maintenance; and Subsection A(4), Drainage.
An accessory storage structure shall, generally, be permitted in all districts with the issuance of a zoning permit. The following regulations shall apply to these structures.
A. 
Yard requirements. Accessory storage structures shall meet the yard requirements for the appropriate district.
A. 
Purpose. Off-street parking space(s) with a proper and safe access shall be provided within a structure or in the open to adequately serve the uses on each lot within the district. Any application for a zoning permit for a new or enlarged building structure or change in use shall include with it a plot plan drawn to scale and fully dimensioned, showing any parking in compliance with the regulations of this chapter. However, in existing business districts, parking shall only be required to be provided for new development.
B. 
Size requirements. A required off-street parking space shall be an area of not less than 162 square feet, not less than nine feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns or office and work areas. Aisles between vehicular parking spaces shall not be less than 12 feet in width when serving automobiles parked at a forty-five-degree angle in one direction and not less than 20 feet in width when serving automobiles parked perpendicular to the aisles and accommodating two-way traffic.
C. 
Street access; driveways; aisles. Except for one- or two-family dwellings, all parking spaces required by this chapter shall be accessible from a public street by a driveway or aisle which shall conform to the following requirements:
(1) 
No space in any required driveway or aisle shall be counted toward satisfying the parking requirements of this section.
(2) 
Driveways serving parking areas containing eight or fewer parking spaces shall be a minimum of 12 feet in width while those serving nine or more parking spaces or one or more loading spaces shall be a minimum of 24 feet in width.
(3) 
Aisles providing access between parking and loading spaces and driveways shall be a minimum of 24 feet in width.
(4) 
Driveways, aisles and required off-street parking and loading spaces shall have a minimum vertical clearance of 14 feet clear of any obstructions.
(5) 
Entrances to a public street shall be no narrower than the driveway or aisle they serve, nor more than 36 feet in width, except where land dividers are installed to segregate entering, exiting or turning traffic.
D. 
Location of parking spaces. No parking space nor portion thereof established on the same zoning lot with a building shall be located within a required front yard, and no parking spaces nor portion thereof established on a lot without a building shall be located closer to any street line than the front yard setback requirements of this chapter in the same manner as a building or structure. The aforementioned required setbacks shall not apply to a business district, nor to driveways serving one- , two- or three-family dwellings. For nonresidential off-street parking, the Municipal Board may, upon request by the applicant, allow certain parking spaces off the applicant's property but within 500 feet of said property to be included as part of the required spaces.
E. 
Location of entrances/exits. The location of any entrance or exit of a driveway, aisle or parking or loading area where it enters a public right-of-way shall be subject to approval by the Village Superintendent of Highways and, in the case of Routes 20 and 394, by the New York State Department of Transportation, and a permit for the same shall be obtained prior to construction.
F. 
Material composition. All open off-street parking spaces and access areas, except those accessory to single-family dwellings and duplexes, shall be surfaced with some all-weather low-dust materials, such as stone, gravel or macadam.
G. 
Maintenance. All required parking and loading spaces, driveways and aisles shall be maintained to at least the standard of original construction by the property owner.
H. 
Drainage. All parking areas, driveways and aisles shall be graded to permit drainage either by surface or by storm drains of suitable capacity and shall cross adjacent property only by way of a drainage easement to natural watercourses or collective storm sewers.
I. 
Number of spaces. The following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each use which, after the date when this chapter becomes effective, is erected, enlarged or altered for use for any of the following reasons:
[Amended 7-15-2019 by L.L. No. 1-2019]
Uses
Minimum of 1 Space Per
One-family residence/mobile home
Dwelling unit
Two-family residence
Dwelling unit
Multifamily residence
Dwelling unit
Church
5 fixed seats
Home for the aged or nursing home
3 residents
Elementary school
20 students
High school/college
12 students
Library
1,000 square feet
Places of assembly (including convention hall and dance hall)
100 square feet of floor area
Club or lodge (without sleeping accommodations)
Each 5 capacity of hall
Places providing sleeping accommodations (including hotels, motels and tourist homes)
Sleeping unit
Mortuaries/funeral parlors
1/8 viewing room, plus 1 per employee
Offices, banks
100 square feet floor area
Food market
200 square feet floor area
Eating and drinking establishments
4 seats or every 200 square feet floor area, whichever is more
Bowling alley
6 per alley
Other commercial
300 square feet of sales area Minimum of 1 Space Per
Industrial employee
Each employee in the largest shift
Medical-related uses
250 square feet floor area
Other uses not listed above
500 square feet floor area
A. 
Need. Off-street loading and/or unloading spaces for nonfarm commercial vehicles while loading and/or unloading shall be provided for new uses where it is deemed that such facilities are necessary to serve the use or uses on the property. At least one off-street loading and/or unloading space shall be provided for all commercial establishments in excess of 7,500 square feet of floor area.
B. 
Size. Each loading and/or unloading space shall be at least 14 feet wide, 60 feet long and shall have at least a fifteen-foot vertical clearance and a sixty-foot maneuvering area. Refer to requirements to obtain a zoning variance where this standard cannot be met.
C. 
Use of parking spaces. Generally, parking spaces shall not be used for loading and/or unloading purposes except during hours when business operations are suspended or if pedestrian and vehicle traffic will not be obstructed. However, the permitting Board may allow the use of parking spaces for loading/unloading purposes when it is determined that the effects will be minimal.
D. 
Design. Loading and/or unloading facilities shall be designed so that trucks need not back in or out or park in any public right-of-way. No truck shall be allowed to stand in a traveled roadway or pedestrian walkway or in any way block the effective flow of people or vehicles. The loading and/or unloading area shall have an all-weather surface to provide safe and convenient access during all seasons.
E. 
Preexisting uses. Any use existing as of the effective date of this chapter shall not be subject to this section.
[Amended 9-21-1998 by L.L. No. 8-1998; 6-17-2002 by L.L. No. 3-2002; 6-4-2007 by L.L. No. 1-2007; 4-7-2008 by L.L. No. 2-2008; 7-21-2008 by L.L. No. 4-2008; 3-17-2014 by L.L. No. 1-2014]
A. 
Purpose. The intent of this section is to preserve and enhance the historic charm of the Village of Westfield by regulating signs within the Village. In order to avoid chaotic, unsafe, or unattractive clutter, all signs within Village limits are subject to these restrictions.
B. 
Supersession. The provisions of this section shall supersede any and all provisions to the contrary found elsewhere in the Village of Westfield Zoning Law, insofar they may now or hereafter relate to signs.
C. 
Procedures for sign permits. After the effective date of this section and except as otherwise herein provided, no person shall erect, enlarge, change colors, cover or structurally alter any sign without first obtaining a permit from the Village Code Enforcement Officer, which the Planning Board shall have authorized him to issue.
(1) 
Applications for sign permits shall be made, in writing, upon forms provided by the Code Enforcement Officer, by the owner, lessee or erector and shall be accompanied by a fee, in accordance with the schedule of fees established by the Village Board of Trustees, and by a scale drawing showing dimensions, proposed design, calculated signage area, the legend, color, materials, structural details and a tract or plat location map delineating the location of highway right-of-way lines, buildings, parking areas, other signs on the same property, frontage of each unit and/or any fences or other obstructions in relation to the designated location of the proposed sign. Lessee or erector applicants shall provide evidence that the owner of the property has approved such erections.
(2) 
Once the Code Enforcement Officer has determined that the sign application is complete, he shall refer it to the Planning Board for review and approval.
(3) 
Before approving the issuance of a sign permit, the Planning Board shall find that the applicant has demonstrated the following facts to be true:
(a) 
The proposed sign is in harmony with the standards for permitted signs and within the spirit of this section.
(b) 
The proposed sign is compatible with the neighborhood environment and character and is not detrimental to adjacent properties.
(c) 
The proposed sign does not, by reason of its location, create a hazard of any nature to the public in general or to any adjacent owner or occupant.
(d) 
The proposed sign does not interfere with the lawful and aesthetic enjoyment of the public highway or of adjacent property.
(e) 
The proposed sign comports with the sign design guidelines adopted by the Village of Westfield, if any.
(4) 
No permit issued under the terms of this section shall be transferable to any person other than the original applicant without the consent of the Planning Board.
(5) 
A sign permit shall become null and void if the work for which the permit was issued has not been started within a period of six months after the date of issue of the permit.
D. 
Sign design and location standards. All signs permitted hereunder shall adhere to the following standards:
(1) 
Signs and supporting structures should be in harmony with the building to which they relate and the business or service they represent. Signs should utilize appropriate materials, colors, type, styles and graphics. Signs should be of a size and scale in balance with the building and its surroundings.
(2) 
No sign may be located where it interferes with pedestrian or vehicular traffic. No sign shall be placed where it may confuse or obstruct the view or effectiveness of any official traffic sign, signal or marking. No sign shall be placed in a manner which prevents free ingress or egress from any door, window or fire escape.
(3) 
Illumination.
[Amended 6-18-2018 by L.L. No. 1-2018]
(a) 
The preferred method of illumination for an exterior sign is direct illumination from a shielded light source. Illumination should be concentrated on the sign with a minimum spillover of light. Lighting equipment used to illuminate an exterior sign shall not exceed a correlated color temperature greater than 2,500 Kelvin or 200 lumens per square foot of sign area. Sign lighting shall not exceed 2.0 footcandles.
(b) 
Interior lighted window signs or displays designed for pedestrian viewing are allowed; however, they must be positioned less than eight feet above the sidewalk and may not exceed six square feet.
(c) 
No signs with flashing, intermittent or moving lights are allowed.
(d) 
Modifications to preexisting signs, or the addition of new signs, which must contain a form of internal lighting, shall utilize traditional incandescent, fluorescent or light-emitting diode (LED) lamps within the lighting equipment with a maximum correlated color temperature of 2,500 Kelvin. Sign lighting shall not exceed 2.0 footcandles.
(4) 
Signs must be constructed of durable materials and kept in good condition. Dilapidated signs will be cited by the Village Code Enforcement Officer and, if not repaired within 30 days, may be removed by the Village at the expense of the owner or lessee of the property.
E. 
Exempt signs. The following types of signs shall not require a permit, provided the sign otherwise complies with this section:
(1) 
Signs erected and maintained pursuant to any governmental function.
(2) 
Signs, not exceeding four square feet per face, guiding traffic and parking on private property and bearing no advertising.
(3) 
Temporary signs and banners for community events and public celebrations, provided all other required approvals are obtained. Such signs shall not be placed more than 30 days prior to the advertised event. Signs placed on the Village Sign Board must receive prior approval from the Village Clerk. All such signs must be removed immediately upon the conclusion of the event advertised.
(4) 
Political signs up to 10 square feet are allowed four weeks before and one week after the polling date. It shall be the responsibility of the candidate/political group to comply with this regulation. Permission of the property owner must be obtained prior to sign placement.
(5) 
Exterior sandwich signs, sidewalk signs and banners up to five feet high by three feet wide are allowed in the B-1, B-1A and B-2 Districts during business hours. Exterior sandwich signs up to three feet high and two feet wide are allowed in front of businesses and home occupations in the R-3 District during business hours. One sign per business is allowed in front of the business.
[Amended 6-18-2018 by L.L. No. 1-2018]
(6) 
Temporary window signs and displays, provided they do not take up more than 50% of the total ground floor display window(s) area. If there are any permanent signs within the window(s), the square footage of the permanent signage shall be included toward the total 50% calculation. All existing temporary signs must be in compliance within 30 days after the issuance of this law.[1]
[1]
Editor's Note: "This law" refers to L.L. No. 1-2014.
(7) 
Flags. Two flags up to three feet high by five feet wide are allowed on the exterior of a building during business hours.
(8) 
Temporary pennants, balloons, streamers. These and other similar attention-getting devices are permitted on a temporary basis only, for the promotion of holidays or special events, in accordance with the following:
[Amended 6-18-2018 by L.L. No. 1-2018]
(a) 
Banners or pennants extending across a road shall receive permission from the Village of Westfield Electric Department and the appropriate highway authority. A banner or pennant for an event shall not be up for more than 30 days unless it is a municipal or quasi-governmental banner or pennant.
(b) 
Temporary banners, pennants, balloons and streamers shall be allowed in the B-1, B-1A and B-2 Districts. Such attention-getting devices shall be removed during nonbusiness hours when practicable.
(c) 
Temporary banners, pennants, balloons and streamers may be utilized in association with real estate open houses, auctions, estate sales or household sales in residential or commercial districts in accordance with § 155-53E(12) hereof.
(9) 
Gasoline price signs: signs, not exceeding one square foot per face, attached to a gasoline dispenser or service island canopy, showing the cost of gasoline.
(10) 
Temporary contractor signs up to 10 square feet may be posted at a job site while work is being completed. The sign must be removed if work is suspended or stopped.
(11) 
Temporary real estate "for sale, rent or lease" signs. One on-site sign, up to nine square feet, is allowed in residential districts, and one sign, up to 32 square feet, is allowed in business and industrial districts. For corner lots, one such sign shall be permitted per frontage.
(12) 
Temporary real estate open house, household sale, estate sale, auction. These signs, up to four square feet, are permitted. Two directional off-premises signs and one on-site sign are allowed. Off-premises signs may be erected no more than 48 hours prior to the event start time and must be removed no later than the last day of the event.
(13) 
Seasonal roadside stand signs. One on-premises sign up to 10 square feet is allowed during the season when the stand is open for business.
(14) 
One nameplate sign, not exceeding two square feet in area, indicating the name and address of the occupant of a residence.
F. 
Prohibited signs. The following signs are prohibited:
(1) 
Digital signs.
(2) 
Billboards.
(3) 
Signs illuminated by or containing flashing, intermittent, rotating or moving lights except to show time and temperature.
(4) 
Signs representing or depicting, to any degree, official traffic signs or signals.
(5) 
Permanent signs made of cardboard, paper or similar nonpermanent material.
(6) 
Signs mounted on parked vehicles or trailers or other similar mobile advertising media.
(7) 
Signs attached to trees, utility poles, fences, traffic signs, street corner markers, or the like.
(8) 
Signs which emit noise, sound or smoke.
(9) 
Animated signs, whether by mechanical or electrical processes, including signs with banners, streamers, spinners or other paraphernalia attached to or associated with such signs.
(10) 
Illuminated signs on residentially zoned properties.
(11) 
Exterior signs using neon or phosphorescent colors.
G. 
Signs in residential districts. No signs shall be permitted in any residential districts except the following:
(1) 
Signs indicating the private nature of driveways or trespassing signs shall be permitted, provided that the size of any such sign shall not exceed two square feet. Such signs shall not be closer than five feet to any street or property line.
(2) 
Signs accessory to parking areas, designating entrances and exits to and from a parking area and limited to one sign for each such exit and entrance and to a maximum size of two square feet each, shall be permitted.
(3) 
One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street. No parking area sign shall be less than 10 feet from any street or property line.
(4) 
For multiple-dwelling projects, one sign, building- or ground-mounted, indicating the name of the project may be permitted. Such sign shall not exceed 25 square feet in area or per side if double-faced.
(5) 
Where a home occupation is permitted by this chapter, nameplate signs may be used to identify the home occupation. Such signs shall not exceed three square feet per face in area and shall be set back at least five feet from the edge of the sidewalk nearest the home or, if there is no sidewalk, 10 feet from the edge of the road pavement. The sign shall only indicate the nature of the home occupation. No pictorial, graphic or representational media shall be permitted.
(6) 
Quasi-public signs. Signs for quasi-public uses, which include but are not limited to churches, private schools, libraries, hospitals and nursing homes, shall be a maximum of 20 square feet per face. If the sign is freestanding, it shall be set back at least five feet from the edge of the sidewalk nearest the building or, if there is no sidewalk, 10 feet from the edge of the road pavement.
(7) 
Signs of the type set forth in Subsection G(1), (2), and (3) of this section shall obtain a sign permit from the Code Enforcement Officer but shall not require sign permit approval from the Planning Board.
(8) 
Where a business is permitted by this section in the R-3 District, a nameplate or freestanding sign may be used to identify the business. Such sign shall not exceed three square feet per face in area and shall be set back at least five feet from the edge of the sidewalk nearest the business or, if there is no sidewalk, 10 feet from the edge of the pavement. Such sign shall not exceed a maximum height of five feet and shall be nonilluminated.
[Added 6-18-2018 by L.L. No. 1-2018]
H. 
Signs in the B1, B1-A, B-2, SI-1, PO and Mixed-Use Districts. In addition to the signs permitted and as regulated in Subsection G above, the following types of signs are permitted within the B1, B1-A, B-2, SI-1, PO and Mixed-Use Districts, as specified:
[Amended 7-15-2019 by L.L. No. 1-2019]
(1) 
Storefront signs. Permanent storefront signage shall be restricted to a total square footage of 1.5 square feet per linear foot of building frontage or 50 square feet, whichever is less.
(a) 
All permanent exterior signs, or permanent interior signs located within one foot of the front of the building that are visible from the street, shall count toward the maximum 50 square feet limitation. These include but are not limited to signs painted on or mounted to the building, signs in or on windows and doors, awning signs, open-for-business signs, signs showing hours of operation, occupant directories, projecting signs, freestanding signs.
(b) 
Noncommercial signs such as address, name of building or other such building identification signs not advertising a specific business are not counted in the allowed 50 square feet; however, these signs are subject to the same application and approval process as all other signs.
(c) 
If a business has a rear entrance, permanent signage may be placed on the rear of the building and shall be restricted to a total square footage of 1.5 square feet per linear foot of the rear width of the building or 50 square feet, whichever is less.
(d) 
No sign shall be higher than the roofline of the building to which it is attached.
(e) 
No sign shall project more than 12 inches from a building wall except for permitted projecting signs as defined below.
(f) 
Signs are permitted on the side of a building (i.e., a side other than the front or rear), without limitation to the number of signs; provided, however, that:
[1] 
The aggregate sign area of all the signs on the side of a building shall not exceed 50 square feet;
[2] 
The signs shall advertise only on-premises businesses; and
[3] 
Projecting signs may be used on the side of a building only if the advertised business has an entrance door on the side on which the sign will be hung.
(g) 
Awnings and canopies. Awnings and canopies shall be permitted subject to the following:
[1] 
They shall not extend beyond a point two feet inside the curbline.
[2] 
The lowest part shall not be less than eight feet above grade.
[3] 
Awnings shall be constructed of cloth or metal; however, all frames and supports shall be of metal. Every awning shall be securely attached to and supported by the building.
[4] 
Canopies shall be constructed of cloth, metal hood, or other approved materials. The framework of all canopies shall be approved by the Code Enforcement Officer.
[5] 
No advertising shall be placed on any awning or canopy, except the name of the owner and the business, industry, or pursuit conducted within the premises, and such advertising may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof.
(2) 
Projecting signs. Projecting signs which hang perpendicular to the wall of a building shall be permitted subject to the following conditions:
(a) 
If flat, each face of the sign shall not exceed 10 square feet.
(b) 
If three dimensional, total area shall not exceed nine square feet. Area shall be determined by prescribing a geometric shape which can contain the largest cross section of the sign and computing the area of that geometric shape.
(c) 
The edge of the sign closest to the building shall be no more than three feet from the building and the edge closest to the street shall be at least two feet from the curbline.
(d) 
If projecting over a pedestrianway, there must be a minimum clearance of eight feet above grade.
(e) 
If projecting over an alley or driveway, there must be at least 13 feet of clearance above grade.
(f) 
Supporting framework must be in proportion to the sign.
(g) 
No wired cables or other similar devices shall be used except to secure the sign or framework.
(h) 
Projecting signs are prohibited in the PO District.
(3) 
Freestanding signs. One permanent freestanding sign is allowed per building in the B1 and B1-A Districts, which sign may not exceed 18 feet in height.
(4) 
Monument signs. In the B1-A and PO Districts only, one monument sign shall be permitted for each parcel or group of parcels owned by a single owner, not to exceed five feet in height and 30 square feet per face along the street. Smaller directional monument signs located on the internal portions of the lot may be considered by the Planning Board as a variance to overall sign area allowed.
I. 
Signs in the Industrial Districts. In addition to the signs permitted and as regulated in Subsections G and H above, the following types of signs are permitted within the Light Industrial (I-2) and Industrial (I) Districts:
(1) 
A storefront or freestanding sign not exceeding 50 square feet per face.
(2) 
A monument sign not exceeding seven feet in height and 50 square feet per face.
J. 
Variances. Pursuant to § 10 of the Municipal Home Rule Law, the Planning Board is hereby granted special authority to grant variances from the strict enforcement of the area requirements found in this section, as follows:
(1) 
Procedure.
(a) 
Hearing. Upon the submission of a complete application for a sign permit requiring a variance, the Planning Board shall fix a reasonable time for a hearing on the application and give public notice of such hearing by publication in a paper of general circulation in the Village at least five days prior to the date thereof. Notice shall also be mailed to property owners adjacent to the location of the proposed sign. The cost of sending or publishing any notices relating to such application, or a reasonable fee relating thereto, shall be borne by the applicant and shall be paid to the Board prior to the variance hearing. At the hearing, any party may appear in person or by agent or attorney.
(b) 
Time of decision. The Planning Board shall decide upon the application within 62 days after the close of the hearing. However, this time may be extended by mutual consent of the applicant and the Board. If the Planning Board fails to issue a timely decision within the sixty-two-day period or such period as extended by mutual agreement, the application shall be deemed approved.
(2) 
Grounds for variance. The Planning Board shall have the authority to authorize, in specific cases, such variances to the terms of this section as will not be contrary to public interest where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship or where the applicant proposes an idea that, while not technically permitted hereunder, is not otherwise objectionable, and so that the spirit of the section shall be observed and substantial justice done. The Planning Board shall consider the following in making its determination:
(a) 
Whether the granting of the variance would be in harmony with the general purpose and intent of this section and would not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b) 
Whether the granting of the variance is reasonable and the variance as granted by the Board is a minimum variance that will accomplish this purpose.
(3) 
Conditions. The Planning Board may provide any safeguards or conditions that it deems to be necessary to secure substantially the objectives of the regulation or provisions to which the variance applies.
(4) 
Nonexclusive option. This subsection is not intended to and shall not preempt any rights of appeal an applicant may have pursuant to Article 7 of the Village Law.
(5) 
Zoning referral. A variance granted under this section is hereby deemed to be an administrative variance not treated as a use variance or area variance requiring a referral pursuant to § 239-m of the General Municipal Law.
K. 
Preexisting signs. Existing permanent signs which are accessory to permitted uses but which do not conform to this section may be continued and maintained but shall not be moved, replaced or altered in any way except in conformance with this section.
L. 
Cessation. If a use ceases for a period of one year, signs not painted or directly attached to the building shall be removed by the party responsible for the sign. If such signs have not been removed after 30 days' notice, they may be removed by the Village at the expense of the owner or lessee of the property.
M. 
Enforcement.
(1) 
The Code Enforcement Officer is hereby authorized to remove or cause to be removed any sign which does not conform to the provisions of this section, and all costs and expenses incurred in such removal shall be assessed against the land or buildings upon which the sign is located.
(2) 
The Code Enforcement Officer shall have the authority to issue appearance tickets for the violation of any provision of this section.
A. 
Regulations. Fences and walls, as defined in § 155-6, shall be allowed by permit in any district and shall conform to the regulations which follow:
(1) 
Exempt fencing. Fencing used for agricultural purposes shall be exempt from all regulations except for maintenance requirements detailed below. Additionally, nonboundary fencing located more than 25 feet from any property line shall also be exempt.
(2) 
Permits. Fences shall be allowed up to four feet in height by right except in the I-1 District, fences up to a maximum of eight feet in height are allowed by right. Fences above four feet in height shall require a special use permit and consideration shall be given to visibility from adjacent properties, light and air movement, etc.
(3) 
Setback from road. Fences shall be set back a minimum of 10 feet from the edge of the road (street) and shall not be located within legal highway rights-of-way.
(4) 
Proximity to neighboring properties. All fences shall be located no closer than two feet from adjacent property lines. This rule can be waived if agreed to in writing by adjacent property owners.
[Amended 4-15-1996 by L.L. No. 2-1996]
(5) 
Fire hazard. Any fence considered to be flammable shall be prohibited. Also, any hazardous fence shall not be allowed.
(6) 
Finished sides. The finished sides of all fences must face adjacent properties. This rule can be waived if agreed to in writing by adjacent property owners.
(7) 
Materials. Only durable materials generally used and accepted by the industry shall be used for fences.
(8) 
Maintenance. All fences shall be maintained structurally and visually.
B. 
Preexisting fences. Fences in existence at the time of enactment of this chapter shall only be subject to Subsection A(1), Exempt fencing, and Subsection A(8), Maintenance. However, any fencing that is deemed to be a fire hazard shall be removed or replaced within six months from the date of the adoption of this section.
Towers over 50 feet in height and windmills shall be allowed by special use permit in certain districts after the following conditions have been considered for inclusion in the permit:
A. 
Location. Towers and windmills shall be set back from surrounding residential structures sufficiently so as not to cause a nuisance, due to noise, appearance or other factors.
B. 
Buffer. The placement or retention of buffers shall be required where they would improve the compatibility of the use with surrounding areas.
C. 
Attractive nuisance. The base of towers over 50 feet in height and windmills shall be sufficiently protected from entry either by tower/windmill design or by protective fences, etc. Additionally, a sign shall be conspicuously placed near the base of a communications tower and it shall generally state that danger exists and that no access is permitted.
[Added 1-3-2001 by L.L. No. 1-2001]
A. 
Legislative intent. The Village of Westfield recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this section is to regulate the location, construction and modification of these facilities in accordance with sound land use planning by:
(1) 
Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting and vegetative screening and/or buffering.
(2) 
Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures.
(3) 
Maximizing use of any new and/or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needed in the Village.
(4) 
Providing for the general health, safety and welfare of the Village by the regulation of these facilities as such regulation is permitted under applicable federal and/or state law.
(5) 
Accommodating and allowing wireless service providers to meet their service objectives in a manner consistent with these regulations and/or other applicable federal or state law.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility or antenna, and located on the same lot as the communications tower or antenna. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal wireless communications services (PWCS) and microwave communications.
BOARD or VILLAGE BOARD
The Village Board of the Village of Westfield.
COLLOCATED ANTENNAS
Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antennas and do not require construction of a new tower.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
TELECOMMUNICATION FACILITIES
Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal wireless communications services (PWCS), paging services, radio and/or television broadcast services, microwave transmission and/or similar or like broadcast services.
TOWER
A structure designed to support antennas. It includes, without limitation, freestanding towers, guyed towers, monopoles and similar structures which do, or do not, employ camouflage technology.
C. 
Telecommunications facility permit required.
(1) 
No telecommunications facility shall be sited, located, constructed, erected, or modified, without the issuance of a special use permit as prescribed by this section.
(2) 
The Village Board is hereby authorized, after public notice and a hearing, to review and approve, approve with modifications or disapprove special use permits pursuant to this section. The Village Board shall have the authority to impose such reasonable restrictions and conditions as are directly related to or incidental to the proposed antenna, tower or accessory structures.
(3) 
Notwithstanding any inconsistent provisions of the Zoning Code of the Village of Westfield, towers and antennas shall be permitted and regulated only in accordance with the provisions of this section.
D. 
General standards. No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunications facility shall be authorized by the Village Board unless it finds that such telecommunications facility or proposed modification thereto:
(1) 
Is necessary to meet current or expected demands for the services supported by the telecommunications facility.
(2) 
Conforms with all applicable regulations promulgated by the Federal Communications Commission and/or any other applicable state or federal regulatory agency.
(3) 
Is designed and constructed in a manner which minimizes its visual impact.
(4) 
Complies with all other requirements of the Zoning Code of the Village, including this section.
(5) 
Is the most appropriate site within the immediate area for the location of a telecommunications facility, based upon the report required under § 155-55.1G(1)(c). It is preferred that telecommunications facilities be collocated as provided in this section unless the Village Board finds that collocation not to be appropriate under the circumstances.
E. 
Siting preferences. Consistent with the objectives set forth in § 155-55.1A hereof, a proposed telecommunications facility shall be located in accordance with the following siting preferences, from most favorable to least favorable, to the extent that there are commercially available locations which are technically feasible and otherwise consistent with the standards of § 155-55.1:
(1) 
Existing towers in low-density areas suitable for collocation.
(2) 
Existing towers in high-density areas suitable for collocation.
(3) 
Property in low-density areas with an existing structure suitable for location or collocation.
(4) 
Property in high-density areas with an existing structure suitable for location or collocation.
(5) 
Property owned by the Village of Westfield.
(6) 
I-1: Industrial District.
(7) 
B-2: Highway Business District.
(8) 
AR-1: Agricultural District.
(9) 
SI-1: Service Industrial District.
(10) 
B-1: Business District.
(11) 
Churches, when camouflaged on steeples or bell towers.
(12) 
Residential districts, except R-1 Single-Family Districts.
F. 
Collocated antennas preferred.
(1) 
The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunications facility permit or renewal thereof or modification of the conditions of a current telecommunications facility permit shall include proof in accordance with § 155-55.1G(1)(c) that reasonable efforts have been made to collocate with an existing telecommunications facility or upon an existing structure.
(2) 
Any proposed tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(3) 
The applicant shall submit to the Village Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless communications services (PWCS) providers in the future. Any permit issued hereunder shall commit the new tower owner and its or his or her successors in interest to:
(a) 
Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless communications services (PWCS).
(c) 
Allow shared use of the new tower if another PWCS provider agrees in writing to pay charges.
(d) 
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4) 
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Village of Westfield as well as the Chautauqua County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
G. 
Special use permit application requirements.
(1) 
All applicants for special use permits for telecommunications facilities towers and/or antennas shall make a written application to the Village Board. This application shall include:
(a) 
Tower special use permit application form, supplied by the Village.
(b) 
Full environmental assessment form prepared in accordance with the State Environmental Quality Review Act.
(c) 
Visual environmental assessment form addendum prepared in accordance with the State Environmental Quality Review Act.
(d) 
Service area/inventory report for new towers.
[1] 
The applicant shall provide a report which establishes to the satisfaction of the Village Board that the applicant is required to provide service to locations which it is not able to serve through existing facilities within a one mile search radius of the proposed tower and which are located either within or outside of the Village. The search radius may be reduced to 1/2 mile for towers under 100 feet and 1/4 mile for towers under 60 feet. Said report shall show the specific locations and/or areas the applicant is seeking to serve which cannot be served through existing facilities.
[2] 
The report shall set forth an inventory of existing facilities and/or structures within or outside of the Village which might be utilized or modified in order to provide coverage to the locations applicant is seeking to service and include a report on the possibilities and opportunities for a collocation as an alternative to a new site.
[3] 
The applicant must demonstrate to the satisfaction of the Village Board that despite good faith efforts, the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Village, due to one or more of the following reasons:
[a] 
The proposed equipment would exceed the existing and reasonable potential structural capacity of existing facilities or structures within or outside of the Village considering existing and planned use for those facilities or structures.
[b] 
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be mitigated or prevented.
[c] 
Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good faith efforts, to reach agreement with the owner or owners of such facilities or structures.
(e) 
Documentation of the notification required under § 155-55.1F(4).
(f) 
A site plan is required for all new telecommunications facilities, except those to be collocated or attached to a suitable existing structure and which otherwise comply with the requirements of § 155-55.1. The site plan must be acceptable to the Village Planning Board in form, content, scale and detail sufficient to show, at a minimum:
[1] 
The exact location of the proposed tower, and appurtenances.
[2] 
The maximum height of proposed tower.
[3] 
A detail of tower type (monopole, free or other).
[4] 
The color or colors of the tower.
[5] 
The location, type and intensity of any lighting on the tower.
[6] 
The property boundaries. (A copy of a property survey must also be provided.)
[7] 
Proof of the landowner's consent and copy of any lease agreement if the applicant will not own the property.
[8] 
The location of all structures on the property and all structures on any adjacent property within 50 feet of the property line, together with the distance of these structures to the tower.
[9] 
Names and addresses of adjacent land owners.
[10] 
The location, nature and extent of any proposed fencing, landscaping or screening.
[11] 
The location and nature of proposed utility easements and/or access roads, if applicable.
[12] 
Building elevations of accessory structures or immediately adjacent buildings.
(g) 
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
(h) 
A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target area or cell. The applicant must be prepared to explain to the Board why it selected the proposed site, discuss the availability or lack of availability of a suitable location within the search ring which would have allowed for collocated antennas and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.
(i) 
The applicant must submit a copy of its policy regarding collocation of its proposed tower with other potential applicants. Such policy should allow collocations if new antennas and/or equipment do not or will not exceed structural loading requirements, interfere with tower space use or pose any technical or radio frequency interference with existing equipment.
(j) 
A report prepared by a New York State licensed professional engineer, which describes the tower's height and design, including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of antennas it can accommodate. In the case of an antenna or antennas mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna and proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
(k) 
A written agreement by the applicant to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 12 consecutive months.
(l) 
Any applicant receiving a special use permit hereunder must, at the time of obtaining such permit, provide:
[1] 
A financial security bond to the Village of Westfield, as assignee, in accordance with the requirements of § 155-55.1L(2); and
[2] 
Evidence that liability insurance is in effect that covers damages and other losses due to tower failure or other hazards related to the installation and use of said tower.
(m) 
The Village Board reserves the right to request reasonable additional visual and aesthetic information it deems appropriate on a case by case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.
(2) 
The Village Board shall evaluate the application for a telecommunications tower special use permit in accordance with the criteria and requirements established under this section and all other applicable special use permit requirements under the Village Zoning Law. Any and all grants of a special use permit for a telecommunications facility under this article shall be nonassignable and nontransferable and shall not run with the land, notwithstanding anything in the general zoning laws of the Village to the contrary.
H. 
Performance standards.
(1) 
Compliance with federal requirements. The applicant must demonstrate in writing that the telecommunications facility will be operated only at FCC-designated frequencies or power levels and/or any applicable EPA technical exposure limits. The applicant further must provide written certification from a New York State licensed professional engineer that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications.
(2) 
Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Village Board. The cost of verification of compliance shall be borne by the owner and operator of the tower.
(3) 
Tower lighting. Towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration, the Village or other applicable laws. If lighting is required, the lighting design must minimize disturbance to the surrounding view. The towers shall be of a nonreflective finish and the color subject to Village approval unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by FAA.
(4) 
Using any portion of a tower for signs other than for warning or equipment information is prohibited.
(5) 
Tower height limitations. All applicants must demonstrate that the height of the proposed tower is the minimum necessary to meet the applicants' objectives and the standards and requirements of § 155-55.1. The maximum height of a tower is limited to 150 feet above the ground upon which the tower is placed, unless the applicant demonstrates in writing that a higher tower is required to provide necessary coverage and will otherwise meet the standards of § 155-55.1.
(6) 
Tower building requirements.
(a) 
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design shall utilize an open framework or monopole configuration. Permanent platforms or structures, exclusive of antennas, that increase off-site visibility are prohibited. The Village Board may require only a monopole tower if it determines that a monopole tower best meets the purpose and intent of this section.
(b) 
The base of the tower shall occupy no more than 500 square feet, and the top of the tower shall be no wider than the base.
(c) 
Towers must be located on a parcel that meets the minimum lot size requirements for the zoning district in which the tower is to be located.
(d) 
Minimum spacing between tower locations is 1/4 mile.
(7) 
Access to towers. A road and parking area must be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.
(8) 
Setbacks for towers.
(a) 
Telecommunications towers shall be set back from the lot lines a distance at least equal to 120% of the height of the tower. Where an applicant proposes to locate a telecommunications tower at a location consisting of multiple adjacent lots owned or leased by the applicant, the term "lot line" shall mean the exterior boundaries of the applicant's owned or leased property which adjoin property not owned or leased by the applicant.
(b) 
No telecommunications tower shall be located nearer than 500 feet or five times the height of the tower, whichever is greater, to a residential building, school, place of public worship or designated historic district or landmark.
(9) 
Screening and security of towers and accessory structures.
(a) 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(b) 
The base of the tower and any accessory structures shall be landscaped.
(c) 
Towers and auxiliary structures shall be surrounded by a fence or wall at least eight feet in height of a design approved by the Board so as to make intrusion difficult. Barbed wire is not to be used in a residential area or on public property unless specifically permitted by the Board. There shall be no permanent climbing pegs within 15 feet of the ground on any tower or facility.
(d) 
A sign shall be conspicuously located near the base of the telecommunications tower that states that a danger exists and that no unauthorized access is permitted.
(10) 
Design of antennas, towers and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antennas and structure; provided however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
(11) 
Other requirements and conditions.
(a) 
The Village Board may impose such other reasonable requirements or conditions to ensure that the telecommunications facilities shall be located and buffered to the maximum extent practicable and technologically feasible to maximize compatibility with surrounding land uses and minimize any adverse aesthetic impact on neighboring residents.
(b) 
The Village Board may further impose any other reasonable requirements or conditions to ensure that the public health, welfare and safety are protected.
I. 
Telecommunications facilities maintenance. All telecommunications facilities, both predating this article and otherwise, shall fulfill the requirements of this section. The Village Zoning Enforcement Officer and/or Building Inspector is empowered to enforce these regulations.
(1) 
The sufficiency of the bond required by § 155-55.1G(1)(l)[1] shall be reevaluated at least every five years by an analysis of the cost of removal and property restoration performed by a licensed New York State professional engineer with the results to be communicated to the Village Board. If the bond amount in force is insufficient to cover the removal cost, it shall be immediately increased to cover such amount.
(2) 
The owner and/or operator of the telecommunications facility shall have said facility inspected at least every two years for structural integrity by a New York State licensed professional engineer, and a copy of the inspection report submitted to the Village. If such report recommends that repairs or maintenance are to be conducted, the permittee shall provide to the Village Board a written schedule for the repairs or maintenance.
(3) 
All telecommunications facilities shall be maintained in good order and repair, and all such work shall comply with all applicable code requirements of any governmental body issuing such rules and/or regulations.
(4) 
Any additional antennas, reception or transmission devices or other similar receiving or transmitting devices proposed for attachment to an existing facility shall require review in accordance with this article. The intent of this requirement is to ensure the structural integrity, visual aesthetic and land use compatibility of communications towers upon which additional antennas, reception or transmission devices are to be installed.
(5) 
No outside storage of vehicles, materials or waste shall be allowed except for the limited periods when the facility is undergoing construction, repair or maintenance.
J. 
Exemptions.
(1) 
Amateur ham radio towers meeting the following requirements are exempt:
(a) 
A tower not to exceed 70 feet from ground level for noncommercial private use by a federally licensed amateur radio operator living on the same premises upon which the tower is proposed to be located. Said tower shall be set back from all property lines by a minimum distance equal to 35% of the tower height. The applicant shall submit such information or certifications to the Zoning Enforcement Officer as may be necessary for the Zoning Enforcement Officer to determine if the safety and welfare of the neighborhood properties is safeguarded. No lighting of signs shall be permitted on the tower.
(b) 
No tower shall be located in the area between the front line of the house and the street.
(c) 
Towers shall be maintained by the property owner and/or operator in a safe condition and good repair.
(d) 
The tower shall be removed by the property owner within 90 days after expiration of the operator's license.
(e) 
The applicant for the tower shall submit to the Zoning Enforcement Officer such information as shall be necessary to make any determinations.
(f) 
Every antenna and tower shall be of neutral colors that are harmonious with and blend with the natural features, buildings and structures surrounding the tower.
(2) 
The Village Board shall have the right to waive or modify any provision of this § 155-55.1 for facilities whose total height above ground does not exceed 35 feet or for good cause shown.
K. 
Costs of review.
[Amended 5-1-2006 by L.L. No. 3-2006[1]]
(1) 
Upon application to the Village Board for a telecommunications facility, the applicant shall deposit with the Village an escrow to cover costs incurred by the Village for all consultant services related to the application, including, but not limited to, engineering, planning and legal expenses, clerical costs incurred as the application is reviewed and processed, and any expenses incurred by the Village for review of any environmental impact statements if the action requires a positive declaration under SEQRA and its regulations.
(2) 
The initial escrow deposit shall be $10,000, and shall be made to the Village Treasurer, who shall place it in a separate interest-bearing account.
(3) 
The application shall be considered incomplete until the escrow deposit is made, and no review shall be taken by the Village Board, Planning Board, or consultants prior thereto.
(4) 
If the escrow account balance falls below 20% of the initial deposit, the Village Board may, if recommended by the consulting engineer, planner, or attorney, require that the applicant pay additional funds into the escrow account up to 50% of the initial deposit, and, if the account continues to be depleted below the twenty-percent level, to replenish the account up to 50% of the initial deposit as often as needed thereafter.
(5) 
If the applicant withdraws his application during any stage of the review process or when the application review and approval process is complete, the balance of the funds in the applicant’s escrow account, together with any interest accrued thereon, shall either:
(a) 
Be remitted to the applicant within 60 days of final action by the Village Board; or
(b) 
If the applicant directs, remain on deposit as the applicant’s initial payment for any postapproval inspection requirements.
[1]
Editor’s Note: This local law also provided that all applicants with matters pending before the Village Board as of the effective date of this local law shall be required to deposit the initial escrow of $10,000 within 15 days of the effective date of this local law, but such funds shall be used only for expenses incurred after such effective date.
L. 
Removal of obsolete/unused facilities.
(1) 
The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused towers shall take place after 12 months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunications facility.
(2) 
Bond/security.
(a) 
The applicant shall be required to execute and file with the Village Clerk a bond or other form of security acceptable to the Village Board and Village Attorney as to form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the tower during its lifetime, and provide for the removal and restoration of the site subsequent to its removal. The amount of the bond or security shall be no less than 125% of the cost of removal of the tower and restoration of the site pursuant to a written estimate prepared by a licensed New York State engineer to the applicant. Such estimate shall be subject to approval of the Village Board and shall be reviewed and adjusted at five-year intervals.
(b) 
In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to the Village of Westfield, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure and site restoration.
(3) 
The Village of Westfield, at its option, may cause the removal of any tower or antennas which violate any provisions of this section or which become unsafe or hazardous as determined by the Zoning Enforcement Officer or the Building Inspector of the Village of Westfield. Prior to said removal, the Village shall cause at least seven days' notice to be served by certified mail or personally or by any other method reasonably designed to give notice to the owner of the tower or antenna that a violation exists or that the telecommunications facility is unsafe or hazardous and that the Village intends to remove the tower or antenna and assess the entire cost against the property owner upon which the antenna or tower is located and/or upon the owner of the tower or antenna. The Village is authorized to petition the County Court or Supreme Court through a special proceeding to obtain an order of removal and to assess the entire cost thereof against the owner of the premises, which shall be assessed and collected in the same manner as a Village tax.
M. 
Penalties for offenses.
(1) 
This section is adopted pursuant to the zoning and planning powers granted to the Village of Westfield under the Village Law of the State of New York and other applicable law, rule and regulation. In the event of any violation of this section or any permit issued hereunder, the Village may seek enforcement by any legal or equitable remedy.
(2) 
Any applicant, upon receipt of a special use permit for telecommunications facilities, that fails to comply with the requirements and/or conditions of that permit may have its permit revoked and be ordered to remove the telecommunications facilities within 90 days of notification by the Village of such violation.
N. 
Miscellaneous.
(1) 
In the event of any conflict or inconsistencies between this section and any other provision of the Village Zoning Law or other local law, ordinance, rule or regulation, the more restrictive requirement shall apply.
(2) 
The procedural requirements for a special use permit for a telecommunications facility shall be as set forth in the Zoning Law for the Village of Westfield and the Village Law of the State of New York.
(3) 
Any decision to deny a request for authorization to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record.
(4) 
Local Law No. 3 of 2000 imposing a moratorium on telecommunications towers is hereby repealed.
A. 
Purpose. Television dish antennas pose unique difficulties that cannot be properly and fully addressed by the zoning section(s) regulating other types of television towers and antennas.
(1) 
Aesthetic considerations. Television dish antennas are intrusive and incompatible elements when installed in front yards which seriously impair the aesthetic qualities of residential streets and properties.
(2) 
Potential as attractive nuisance. Dish antennas in highly visible and accessible locations are an attractive nuisance for small children, who might attempt to climb and play on them, and a tempting target for vandals, particularly during dark hours.
(3) 
Potential for weather-related injuries or damage. The size and construction of television dish antennas, including the large surface area of the dishes, often render them subject to severe wind loadings. A metal dish antenna could also pose an attraction for lightening strikes. This section attempts to minimize the possibility that the improper placement and installation of television dish antennas shall result in weather-related injuries to persons or damage to the dishes or to adjacent structures and properties. Therefore, it is the intent and purpose of this section to require that television dish antennas be located safely and inconspicuously on private property within residential districts.
B. 
Location.
(1) 
The same area standards as listed in Article IV of this chapter shall apply to television dish antennas as they would for primary structures within the respective zoning districts. Consult the appropriate area standards section of Article IV, District Regulations, for the zoning district in which the dish antenna is, or is to be, located for the specific area standards to be applied.
(2) 
Dish antennas shall not be located in a front yard and they shall be inconspicuously located in relation to adjacent structures as is reasonably possible. The retailer installing a dish antenna or an engineer/architect shall certify in writing that any installation involving the elevation of any part of the dish antenna more than 15 feet above the ground has been accomplished in accordance with industry standards and as such will withstand commonly experienced wind conditions.
C. 
Advertising. For aesthetic purposes and to prevent a circumvention of the regulations in the section on signs in this chapter,[1] no advertising shall be located on the television dish antenna.
[1]
Editor's Note: See Ch. 155-53, Signs.
In order to promote and protect the use of solar systems (active and passive) the following regulations shall apply:
A. 
Solar permit and placement. The placement of structures or modification of existing structures which are to contain solar systems shall be by special use permit if protection is to be sought under Subsection B of this section. If no protection is sought for a solar system, then no permit shall be required for the installation unless the floor space is increased. Consideration will be given to locating the solar structure the furthest distance from adjoining properties, on the southern exposure, which is reasonably possible. This distance shall be a minimum of 100 feet and may be required to be more if the slope so dictates.
B. 
Adjacent property control. The placement of structures, trees, towers, etc., which have the potential of blocking the sun from adjacent solar collectors established by special use permit under Subsection A of this section shall also only be allowed by special use permit. The placement of said potential obstructions shall be such that it least interferes with the adjacent solar collectors while still allowing reasonable use of the land.
C. 
Notification. If protection is sought, owners of all properties within 200 feet of the property on which the solar collector is to be placed will be notified in writing of the intent to place a solar system in the neighborhood and the possible effects that this could have on future development. The date, time and location of the public hearing shall be included in the notification.
For the purpose of protecting present and future generations from the potentially harmful health and safety effects of toxic materials, the following regulations shall apply to industries and business:
A. 
Local regulations. It shall be unlawful to maintain, store, bury or in any other way keep solid or liquid wastes which are considered to be toxic or hazardous. However, toxic wastes which are the results of a locally operated manufacturing process shall be permitted to be temporarily stored for a reasonable period of time pending proper disposal, as determined by the Village Board.
B. 
State regulations. State and federal regulations shall be complied with.
C. 
Preexisting uses. This section shall apply to all preexisting industry/business.
A. 
Purpose. It is the intent of this section to minimize safety, health and aesthetic-related problems by limiting, according to district and lot size, the outdoor storage of junk vehicles.
B. 
Definition. A "junk vehicle" is any vehicle no longer intended nor in a condition for legal use on public highways. Also, for the purposes of this chapter, any vehicle which remains unregistered and is not within an enclosed building for six months or greater shall be considered to be a junk vehicle. Vehicles utilized for agricultural purposes shall not be considered to be junk vehicles.
C. 
Number of vehicles. The number of junk vehicles that may be allowed to be maintained outdoors shall be based on the following table:
[Amended 6-17-2002 by L.L. No. 3-2002]
District
Number of Junk Vehicles Allowed
R-1
0
R-2
0
R-3
0
AR-1
1
B-1
0
B-2
0
I-1
1
I-2
0
SI-1
1
D. 
Location of vehicles. Junk vehicles shall be stored out of sight as viewed from adjacent properties and roadways.
E. 
Restoration of vehicle outdoors. Sustained progress in restoring or repairing a vehicle to operational condition shall be allowed under the following conditions, and said vehicle shall not constitute a junk vehicle:
(1) 
A maximum of one vehicle shall be allowed for restoration, with a maximum of three vehicles allowed.
(2) 
The entire restoration shall take a reasonable time to accomplish.
(3) 
Such vehicles shall be located so as to make the least nuisance possible.
(4) 
Noise associated with the restoration shall be limited to reasonable hours.
(5) 
Restoration shall be for personal use and not for profit.
F. 
Preexisting junk vehicles. Where more than the maximum number of junk vehicles are present at the time of enactment of this chapter, a maximum of six months shall be allowed for the owner to come into compliance with this section.
A. 
Conditions. Prior to the granting of a special use permit, assurances will be received that the following conditions will be met:
(1) 
Fences.
(a) 
Yards shall be completely surrounded with a fence for screening and security purposes of at least eight feet in height.
(b) 
There shall be located a gate in the fence which shall be kept locked at all times except when the vehicle dismantling or scrap yard is in operation.
(c) 
The fence shall be located a minimum of 50 feet from adjacent public highways.
(d) 
All dismantling and work on the vehicles or scrap shall take place within the fenced area.
(e) 
The type of materials used shall be generally accepted by the industry and commonly used as fencing material. Fences shall be permanent and substantial.
(f) 
Fences shall obscure or screen, adequately, the contents of the yard.
(g) 
Fences shall be well maintained and aesthetically pleasing.
(2) 
Location considerations.
(a) 
Yards shall only be allowed in the Industrial District.
(b) 
Yards shall be allowed where there will be a minimum negative effect on the character of existing neighborhoods.
(c) 
No yard shall be permitted within 500 feet of a church, school, public building or other place of public assembly.
(d) 
Yards shall not be permitted to be located upon areas where an eight-foot fence will not reasonably screen the contents from adjacent highways or properties.
(3) 
Off-street parking. Sufficient off-street parking shall be provided for customers.
(4) 
Firesafety.
(a) 
The Fire Inspector shall be notified prior to the granting of a special use permit for a yard and be given 30 days within which to make recommendations.
(b) 
Inside, adjacent to and contiguous with the fence, a strip of land at least 10 feet wide shall be kept clear of all dry grass or other growth or combustible material so as to provide a fire lane around the whole area.
(c) 
There shall be maintained at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and visible.
(d) 
All vehicles and scrap and junk shall be disassembled by means other than burning. It shall be arranged in neat rows so as to permit easy, clear passage through the area.
(5) 
Visual considerations.
(a) 
There shall be no stacking of vehicles, scrap or junk above eight feet in height from the ground. However, vehicles and scrap which have been crushed may be loaded onto the bed of a truck where it will be removed from the premises within a reasonable time period.
(b) 
An appropriate buffer shall be established between adjacent properties.
(6) 
Minimum lot size. Adequate acreage shall be available to handle present and future needs of proposed yards.
(7) 
Other considerations.
(a) 
Suitable sanitary facilities shall be provided in accordance with state health laws.
(b) 
Inspection of yards shall be allowed at any reasonable time to ensure compliance with this and other laws.
(c) 
Reasonable hours of operation may be specified.
(d) 
Other reasonable conditions may be imposed as deemed necessary.
B. 
Preexisting yards. Yards in existence before the enactment of this chapter shall be subject to the following: Subsection A(1)(a), regarding fences and gates, and Subsection A(1)(c), with the exception that the minimum distance is 25 feet and not 50 feet; Subsection A(1)(d), on location; and Subsection A(5), Visual considerations. Compliance shall take place within a six-month period of time from the date of the adoption of this chapter. In addition, any expansion or enlargement of any preexisting yards shall be subject to all of the regulations of this chapter when they can be reasonably enforced as determined by the Municipal Board.
"Trash," for the purposes of this chapter, shall consist of glass, scrap wood, scrap metals, salvaged metals, rags, refuse, garbage, wastepaper, salvaged machines, salvaged appliances or similar materials which are prepared for disposal.
A. 
Conditions for temporary storage.
(1) 
Quantity. Trash may be temporarily stored or collected in covered containers other than dumpsters if the aggregate collection does not exceed 100 square feet in area.
[Amended 1-4-2010 by L.L. No. 2-2010]
(2) 
Location. Trash must be stored in one contiguous location. All spaces between buildings and structures shall be kept sufficiently free and clear of materials of every nature for the purpose of providing adequate light, air and protection against fire.
(3) 
Buffer. Trash shall be located so as to be not visible from adjacent properties, and roadways or artificial barriers (e.g., fences, shrubs, etc.) shall be used to screen the trash.
(4) 
Disposal. Trash shall be stored only as long as necessary and shall be disposed of in a timely manner not to exceed 60 days.
(5) 
Preexisting trash. These conditions shall apply to all trash existing at the time of enactment of this chapter.
B. 
Dumpsters. No dumpster shall be permitted in the Village of Westfield, subject to the following exceptions and conditions.
[Amended 1-4-2010 by L.L. No. 2-2010]
(1) 
Exceptions:
(a) 
Use exceptions. Dumpsters may be placed on the following properties after having obtained a special use permit:
[1] 
Multifamily residences, which for purposes of this section shall be defined as a single building containing five or more separate apartments or dwelling units.
[2] 
Places of public assembly, including churches and schools.
[3] 
Business properties and/or commercial properties.
(b) 
Temporary construction dumpsters, for which the property owner and/or contractor shall obtain a temporary dumpster permit from the Code Enforcement Officer. Such permit shall be valid for 60 days from the date of issuance and may be renewed up to two times for the same term upon a showing that work on the project is continuing and a dumpster is required to complete it
(2) 
Special use permit.
(a) 
Procedure. The Planning Board shall consider an application for a dumpster special use permit using the procedure set out in § 155-100, including a public hearing.
(b) 
General standards. In reviewing an application for a special use permit, the Planning Board shall take into consideration whether the proposed dumpster meets the following standards:
[1] 
Location. Dumpsters shall be located to the side and rear of the property to the greatest extent practicable yet so as to still comply with applicable side and rear yard setbacks.
[2] 
Screening. Dumpsters shall be screened from view of any abutting residence, public street or walkway to the greatest extent practicable with screening that is at least as tall as the dumpster.
[3] 
Covers. Dumpsters shall be equipped with covers or lids, maintained in working order, that shelter and secure their contents.
(c) 
Waiver. The Planning Board may take into account the site conditions at the particular property and waive strict compliance herewith as circumstances warrant and/or impose reasonable conditions to effectuate the intent of this section to minimize the visibility of such dumpster.
(3) 
Preexisting dumpsters.
(a) 
Dumpsters in place at the time of the enactment of this Subsection B and not in compliance herewith shall be brought into compliance by June 1, 2010.
(b) 
Preexisting dumpsters qualifying for special use permits at the time of the enactment of this subsection shall be exempt from any special use permit fees until June 1, 2010.
[Amended 7-10-2006 by L.L. No. 4-2006]
A. 
Definition. “Heavy vehicles” shall mean 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).
B. 
Regulations. Heavy vehicles shall comply with the following regulations:
(1) 
Location. Heavy vehicles shall not be allowed to park in any residential district.
(2) 
Location waivers.
(a) 
In an emergency (e.g., truck breakdown) or for normal deliveries, the location requirements in Subsection B(1) shall be waived for a maximum of 48 hours.
(b) 
Heavy vehicles associated with commercial farm operations shall be allowed on a temporary basis (not to exceed seven consecutive days).
C. 
Preexisting heavy vehicles. This section shall apply to all heavy vehicles immediately, including those that have, in the past, been parked in such a manner so as not to be in compliance with this section.
D. 
Enforcement. The Village and Town Inspection Officer (Building and Code Enforcement Officer) and the Westfield Police Department shall be equally responsible for enforcement of this provision of the Zoning Code.
A. 
Purpose. In order to promote safe and healthy gatherings of large groups of people, as defined in the definition section,[1] certain conditions shall be complied with as defined below.
[1]
Editor's Note: See § 155-6, Definitions.
B. 
Conditions. Prior to the granting of a special use permit, the following will be taken into consideration:
(1) 
Traffic safety, parking and access.
(2) 
Noise.
(3) 
Health and sanitation.
(4) 
Character of neighborhood and development density.
(5) 
Beverages to be served.
(6) 
Security and traffic control.
(7) 
Cleanup and restoration of land.
(8) 
Other appropriate considerations.
C. 
Sponsor responsibility. The sponsor of any large group gathering shall be responsible for compliance with any conditions which are specifically imposed as well as the overall conduct of the gathering.
D. 
Exempt gatherings. Nonprofit and local civic group-sponsored gatherings shall be exempt from permit requirements, including the Arts and Crafts Festival, baseball and softball games and all events staged through the Westfield Academy and Central School.
E. 
Preexisting uses. All gatherings held after the effective date of this chapter shall be subject to this section.
[Amended 7-21-1997 by L.L. No. 1-1997]
The keeping of animals, poultry and birds of any type shall be regulated in the following manner:
A. 
Commercial operations prohibited. Animals, poultry or birds shall not be raised or kept for resale purposes and shall only be kept for recreational purposes or for home consumption by the owner thereof.
B. 
Animals, poultry and birds which create a nuisance due to noise or odor or may be considered an imminent danger to human health, life or safety shall be prohibited.
C. 
The keeping of wild animals, rodents, reptiles or insects which create a nuisance due to odor or noise or which may be generally considered a threat to health, life and safety shall be prohibited.
D. 
Poultry and birds. Poultry and birds may be kept within the Village in all districts except the industrial and business districts, subject to the following conditions:
[Amended 6-18-2012 by L.L. No. 3-2012]
(1) 
The keeping of any poultry, bird or birds shall be allowed only after obtaining a special use permit from the Planning Board.
(2) 
All poultry and birds shall be kept within completely enclosed and weathertight structures, such as barns. Such structures shall be placed no closer than 50 feet to any adjoining property line or boundary line, nor any closer than 50 feet to any residential structure. Poultry and birds shall be prohibited upon any open area of the premises.
E. 
Farm animals. Except for horses, those animals generally considered "farm animals," such as pigs, goats, sheep, etc., shall be contained within and limited to Agriculture-Residential Districts. Farm animals shall be fenced so as to be unable to come within 50 feet of any adjoining property line, boundary line or residential structure.
F. 
Horses. The maximum number of horses allowed shall be one horse per acre of usable pasture. "Usable pasture" shall be defined as completely open space without buildings, storage areas or other obstruction used solely for the pasture and grazing of horses. Horses shall be fenced so as to be unable to come within 50 feet of any residential structure, or within 10 feet of any adjoining property line or boundary line.
G. 
Barns and shelters. Suitable barns and shelters shall be provided on-premises for the overnight keeping of all horses and farm animals. All such barns and shelters shall be completely enclosed and weather tight.
H. 
Preexisting animals, poultry and birds. The keeping of animals, poultry and birds or other creatures that do not comply with the provisions of this chapter shall be considered nonconforming uses. Preexisting nonconforming uses shall be allowed to continue for one year after enactment of this chapter, § 155-65. After one year, any nonconforming use shall become an unlawful use and shall be immediately terminated.
I. 
Pet stores. Pet store businesses shall be allowed to operate only in designated B-1 Districts as a use by right. Pet stores may be allowed to operate in B-2 Districts after first obtaining a special use permit from the Village Board in accordance with § 155-100 of this chapter. The sale or keeping of animals or birds or reptiles for commercial purposes in any other district is strictly prohibited. All animals, birds and reptiles shall be kept within completely enclosed buildings and within such buildings shall be contained within proper and appropriate enclosures such as cages and aquariums so as to prevent unauthorized handling and the potential danger of attack, the spread of disease or other hazardous situations.
A. 
License required.
(1) 
All mobile home parks existing at the time of this chapter shall be licensed regardless of conformance to the zoning district regulations contained herein, but no mobile home park shall be created or enlarged or newly licensed unless in conformance with this section. Such licenses shall be issued for a period of three years and shall be renewable for an unlimited number of additional three-year periods. No license shall be issued until the Village Board has approved a site plan therefor in accordance with the provisions of this section. No license shall be renewed or remain in force unless the provisions and conditions of such approved site plan are continuously satisfied. The renewal application need not be accompanied by the site plan unless changes subsequent to the latest issuance have been made to it. Any person holding a license for a mobile home park and desiring to add additional lots shall file an application for a supplemental license. The application for such supplemental license shall be accompanied by a site plan for the additional lots and meet all other specifications of this chapter. A supplemental license shall be effective from the day of issuance and run concurrently with the original license.
(2) 
In addition to all other requirements of this chapter, the following requirements shall be met for all mobile homes within mobile home parks:
(a) 
All mobile home sites shall be accessible from a service roadway not less than 20 feet in width. Roadways shall be surfaced with a hard all-weather surface. Except in cases of emergency, no parking shall be allowed in such roadways.
(b) 
All mobile home sites shall be provided with permanent anchors sufficient to anchor a mobile home, and any mobile home placed on that site shall be so anchored.
[1] 
Mobile homes containing less than 500 square feet of floor area shall be anchored and located on foundations by means of at least four frame ties and at least two over-the-top ties, each tie to be securely anchored to the ground sufficient to withstand a force of 4,800 pounds without failure.
[2] 
Mobile homes containing 500 square feet or more of floor area shall be anchored and located on foundations by means of at least five frame ties and at least three over-the-top ties, each tie to be securely anchored to the ground sufficient to withstand a force of 4,800 pounds without failure.
[3] 
Ties shall consist of a galvanized steel cable at least 1.5 inch by zero and 0.35 inch or 7/32 inch seven by seven or 0.25 inch seven by 19. Frame ties shall connect the steel beam supporting the structure to the anchors. Over-the-top ties shall be anchored on both sides of the unit.
[4] 
Whenever a mobile home has been constructed with concealed tie-down straps or frame connections, such straps or connections may be used, however they must be of the same number and strength as otherwise required by this section.
(c) 
All mobile home sites shall be so located so as to provide a minimum distance of at least 25 feet between a mobile home located thereon and any part of any adjacent mobile home or service roadway.
(d) 
Every mobile home park shall provide a pond, tank or other suitable water storage of a capacity of a least 30,000 gallons plus 2,000 gallons for every mobile home in excess of 20, said facility to be provided with a dry hydrant of suitable construction approved by the local Fire Chief. Such hydrant shall be located within 10 feet of and be readily accessible from a service roadway. No mobile homes shall be located more than 1,500 feet from a fire hydrant provided under this subsection.
(e) 
Every mobile home site shall be provided with its own sewer, water and electrical service, and any occupied mobile home located thereon shall be connected to such utilities.
(f) 
All sewer and water facilities shall be approved by the New York State Health Department or Department of Environmental Conservation as required by state law.
(g) 
Only one mobile home shall be permitted to occupy any one mobile home lot.
(3) 
Service buildings may be provided as deemed necessary for the normal operation of a mobile home park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.
B. 
Conditions. Mobile home parks shall be allowed by special use permit within the I-2 District if the applicant is able to meet general special use permit conditions as well as the following specific conditions:
[Amended 6-17-2002 by L.L. No. 3-2002]
(1) 
Area and setback requirements.
(a) 
Size. Parks shall consist of a minimum of eight acres and shall be designed for a minimum of 30 lots.
(b) 
Buffer. All site plans for mobile home parks shall include the location and size of existing trees to be preserved in the construction of the mobile home park. A landscaped buffer strip at least 20 feet in width shall be installed along every boundary of a mobile home park, said buffer strip to be included within the required yard along such boundaries. Such landscape buffer shall be planted and maintained with nondeciduous or evergreen plants, shrubs and trees to provide a visual and wind screen. Also, lawn and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas.
(c) 
Setback. All mobile homes and other development shall be located a minimum of 100 feet from the edge of any public road. Mobile homes shall be set back a minimum of 10 feet from the edge of park's private road.
(d) 
Lot. Each mobile home shall be located on a lot which is a minimum of 6,000 square feet and a minimum of 50 feet in width.
(e) 
Floor space. The minimum floor space allowed for a mobile home placed in a mobile home park shall be 700 square feet. Add-ons shall not be used in calculating the size.
(2) 
Streets and walkways.
(a) 
Entrances and exits to the park shall be safely designed.
(b) 
Private roadways shall be maintained in such a manner so as to permit safe travel (e.g., free of snow and ruts).
(c) 
Walkways from the street to the door shall be recommended in addition to a patio for each mobile home.
(3) 
Parking.
(a) 
Off-street parking shall be provided with a minimum of 400 square feet for each mobile home.
(b) 
Sufficient auxiliary parking shall be provided for trucks, boats, travel trailers, etc.
(4) 
Recreation. Open recreational areas shall be set aside and improved at central locations at a standard of 400 square feet per mobile home. They shall be maintained in a manner conducive to recreational use.
(5) 
Skirting. Mobile homes shall be skirted with an attractive fire resistant material within three months of time of setup.
C. 
Bond. At the discretion of the Village Board, the developer may be required to obtain an appropriate bond to insure compliance with conditions attached to the special use permit.
D. 
Review. The Planning Board shall be notified of the request for a mobile home park permit and shall have the opportunity to make a recommendation within 30 days.
E. 
Preexisting parks. Mobile home parks in existence before the enactment of this chapter shall be subject to the following regulations:
(1) 
Mobile homes shall be skirted with an attractive, fire resistant material within one year.
(2) 
Enlargements or expansions of all mobile home parks in existence before the enactment of this chapter shall comply with all regulations in this chapter to the extent determined by the Village Board.
A. 
Definition. See § 155-6.
B. 
Inhabitation time. Travel trailers may be inhabited by nonrenters on a temporary basis in accordance with the following table. No permit or fees are required unless the number of inhabitation days desired is greater than that specified, in which case the applicant must secure a special use permit.
[Amended 6-17-2002 by L.L. No. 3-2002]
District
Maximum Number of Days Inhabited Per Time Period
R-1
14 days during any 2-month period
R-2
14 days during any 2-month period
R-3
14 days during any 2-month period
B-1
14 days during any 2-month period
B-2
14 days during any 2-month period
I-1
14 days during any 2-month period
I-2
14 days during any 2-month period
SI-1
14 days during any 2-month period
AR-1
30 days during any 2-month period
C. 
Conditions.
(1) 
To be inhabited, the accessory temporary dwelling must be located on a lot which contains an inhabited principal dwelling unit.
(2) 
An accessory dwelling may be stored (uninhabited) on any lot indefinitely.
(3) 
All required setbacks and area requirements shall be met.
(4) 
It is intended that accessory dwellings be inhabited by visitors/guests and not by residents of the principal dwelling unit. Accessory dwellings shall not be rented.
(5) 
Accessory dwellings shall not be connected to permanent sewage/water facilities.
(6) 
Accessory dwellings may not be utilized in such a manner so as to cause a nuisance.
(7) 
Contractors may use accessory dwellings for field offices at the site of construction after obtaining a permit.
D. 
Seasonal camp. In districts where seasonal camps are allowed, accessory dwelling(s) may be utilized as the principal structure up to 250 days in any twelve-month period. All Health Department rules must be complied with.
A. 
Number. A maximum of three recreational vehicles, trailers or other similar vehicles may be stored outside on each parcel or series of contiguous parcels under single ownership. No more than one type of each vehicle shall be allowed to be stored.
B. 
Location. All recreational vehicles/trailers, etc., shall be stored in rear yards whenever it is possible and otherwise in a side yard. Said vehicles/trailers shall not be stored in a front yard. All area and setback requirements of the district in which the vehicle is stored shall be met.
C. 
Preexisting vehicles. All vehicles covered by this section shall be subject to the regulations of this section one year from the date of enactment of this chapter.
A. 
Within six months or as determined by site plan review as applicable after work or any excavation for a building has begun, such excavation shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed from any cause or rendered incapable of its intended use shall be rebuilt or demolished within six months or as determined by site plan review by the Village Board as applicable. Any excavation or cellar hole four feet or more in depth remaining after the demolition or destruction of a building from any cause or any abandoned well shall be immediately protected by visible, substantial, childproof barriers and then permanently covered over or filled by the owner within one day. In the case of a natural disaster, i.e., fire, the time limit of this section may be waived at the discretion of the local Fire Chief in coordination with the Zoning Officer.
B. 
Any construction requiring a permit must be completed within two years from the date the permit was granted or the date construction started, whichever is less.
C. 
All removal of aboveground and underground tanks shall be done in accordance with current New York State Department of Environmental Conservation and United States Environmental Protection Agency requirements.
Dumping of refuse or waste materials is absolutely prohibited in all districts within the Village except for the purpose of filling to established grades, for which, if not part of development requiring the Planning Board to conduct site plan review, a special use permit shall be obtained from the Zoning Board of Appeals.
A. 
Wherever any flammable liquid is stored aboveground in tanks or other containers with a total capacity of greater than 550 gallons, such tanks or containers shall be located within earthen dikes having a capacity 2/3 of the capacity of the largest tanks or containers being surrounded. The edge of such dikes shall be located at least 100 feet from all property lines.
B. 
Regarding the placement and storage of any liquefied petroleum gas tanks, the provisions of NFPA No. 58, current edition, shall be in effect. Wherever any liquefied petroleum gas is stored above or below ground in tanks or other containers, the following minimum distances from all buildings and lot lines shall be required for the sum total of the capacity of all tanks and containers that are present:
Total Capacity
(gallons water capacity)
Minimum Distance
Under 125
0 feet
125 to 500
10 feet
Over 2,000
Not allowed within the limits of the Village of Westfield
The following requirements are in addition to all current applicable requirements for a mining permit issued by the New York State Department of Environmental Conservation and the Village Board:
A. 
All mining operators must apply for a mining permit. In addition, a plan must be submitted for the reuse of the land after completion of mining operations and a statement of intent on the part of the owner or operator that said plan will be completed in less than one year after mining operations have ceased. No permit shall be issued until the Village Planning Board has recommended approval of all supporting materials and the reuse plan. A mining permit is not required for the following:
(1) 
Any excavation which is undertaken to prepare for construction. To qualify for this exemption there shall be no removal of mined material from said premises for the purpose of sale, and construction shall be scheduled to begin immediately upon completion of the excavation.
(2) 
Grading cuts and fills shown on any approved site plan.
(3) 
Wells for the purpose of providing drinking or agricultural water supplies.
(4) 
Removal of trees, topsoil or other earth incidental to the business of operating a nursery or farm.
(5) 
Excavation or removal of sand, gravel, stone, trees or other minerals or materials incidental to highway, sidewalk or driveway construction upon the same premises.
(6) 
The moving of trees, topsoil or other earth, sand or gravel from one part to another of the same premises as an incident to construction of a building, to farming or to landscaping.
B. 
Application for a mining permit shall be made on forms provided by the Zoning Officer and shall be accompanied by drawings and other supporting materials as follows:
(1) 
The location of the operation, with distances to property lines and to all buildings, streets or other existing improvements within 100 feet of such property lines.
(2) 
The approximate yield anticipated from the operation, estimated either in terms of gallons or cubic yards per day and the estimated drilling or excavation depth.
(3) 
The location of all access roads, buildings and structures to be used in the operation of such facility.
(4) 
Such additional information as may be required by the Village Planning Board for approval.
C. 
In reviewing any permit required under this section, the Village Board may require that a bond be provided by the owner of the property of sufficient amount to permit the Village to restore the site to stable slopes and adequate ground cover sufficient to prevent erosion and land or rock slides and to remove any hazard to public safety should the owner thereof fail to do so.
D. 
The required reuse plan shall contain the following:
(1) 
A description of how all topsoil will be removed, stored and returned to the site at the completion of the mining operation.
(2) 
A description of the methods that will be used to return fertility to the topsoil and to seed, the extent of planting and landscaping that will be completed and an estimate as to the date of the completion of the restoration.
(3) 
After completion of excavating or stripping, the property grades shall be finished off consistent with bordering land, and topsoil replaced to a natural depth consistent with topsoil native to the site.
(4) 
The finished grade shall form an appropriate part of the natural drainage area or some positive drainage system.
(5) 
Such additional information as may be required by the Village Planning Board.
E. 
The mining permit, after issuance, is renewable annually at the discretion of the Village Board upon request of the owner of the mining operation at least 60 days prior to the expiration date of said permit. However, no permit shall be renewed unless the provisions of this chapter are continuously satisfied. If a mining permit is not renewed on its anniversary date by the Village Board, the owner of the mining operation at the discretion of the Village Board must file a new application for a permit with the Village Board.
F. 
The owner of any mining operation which is adjacent to occupied residential property shall, upon request of the adjoining owner or occupant or Village Board, provide the proper fencing or screening to prohibit access from the residential property to the property being mined, to make all reasonable efforts to eliminate direct visual contact between the first floor area and the lawn area of the residence and the area where the excavation is to take place. Fencing can also be required by the Village Board where there is a showing of steep and dangerous conditions due to said mining.
G. 
Where topsoil is removed, this chapter shall require that the soil capable of being cultivated shall be set aside for respreading over the excavation area when the mining operation is completed.
H. 
The site shall be kept free of debris. Cleared trees, stumps, brush, etc., shall be removed. The site shall not be used for storage of trash or unused equipment.
A. 
A special use permit may be issued hereunder only in connection with and as an emergency service to a hospital.
B. 
No special use permit shall be issued by the Village Board until:
(1) 
The applicant shall have complied with all federal and state laws and regulations applicable to the granting of permission to establish a helicopter landing area or heliport.
(2) 
The applicant has received favorable airspace determination from the Federal Aviation Administration and a copy has been submitted to the New York State Commissioner of Transportation and to the Village Clerk.
(3) 
The applicant has submitted an application in triplicate to the Village Clerk showing:
(a) 
That it is a duly licensed hospital, furnishing the name and address of its executive officer and the members of the governing board.
(b) 
That the establishment of a heliport is essential for the emergency treatment of patients and the improvement of lifesaving conditions.
(c) 
The type of helicopter activities proposed, the anticipated number and frequency of daily operations and the anticipated total annual operations.
(d) 
A survey map certified by a state-licensed surveyor or engineer showing the exact location of the proposed helipad and its relation to the hospital and neighboring buildings including those located on parcels having a common boundary with the parcel on which the proposed heliport will be located, flight patterns, etc.
(e) 
That it has complied with all the requirements of Section 75.3 of the Regulations of the New York State Commissioner of Transportation issued pursuant to § 249 of the New York General Business Law.
(f) 
Information regarding the ownership of the land on which the heliport is to be located.
(g) 
Information regarding the proposed lighting of the heliport, the public liability insurance to be carried, whether a system of radio communication between the hospital and a helicopter in flight will be maintained, what plans, if any, the applicant has to minimize noise and to assure the safety of persons and property within its flight patterns.
(4) 
A SEQR determination shall have been completed in addition to referral of the applicant to the County Planning Board in accordance with § 155-93 of this chapter.
(5) 
A public hearing shall have been held with prior notice given as required by § 155-77F of this chapter in addition to the general notice by publication of the hearing to be held. The provision of § 155-100 for the granting of a special use permit shall apply.
[Amended 10-30-1995 by L.L. No. 5-1995; 6-18-2012 by L.L. No. 3-2012]
A special use permit may be granted by the Planning Board pursuant to the provisions of Article XI of this chapter for applications pertaining to any of the zoning districts indicated, subject to the following conditions and limitations in addition to those required pursuant to § 155-100.
A. 
An application for special use permit shall be accompanied by a fee as provided from time to time by resolution of the Village Board. The special use permit may be issued only after public hearing and upon determination that the proposed use is in compliance with the conditions and limitations set forth pursuant to this section. A permit shall be valid for a period not to exceed two years and may be revoked at any time by the Planning Board upon a finding of noncompliance with the conditions set forth in this section or in the permit. A renewal permit may be issued without fee for a period not to exceed two years.
B. 
The applicant for a special use permit shall submit to the Planning Board such plans of the structure and layout of the residence as the Planning Board deems necessary to determine that the bed-and-breakfast use complies with this section and § 155-100.
C. 
The applicant shall obtain and submit to the Planning Board statements from the Village Fire and Building Code Inspector on the adequacy of the premises for the purposes intended and in compliance with the Uniform Fire and Building Code for safety, fire protection and structural soundness. Such statements shall include recommendations, if any, for improvements or changes deemed advisable, which will be considered by the Planning Board in determining the merits of the application.
D. 
The applicant shall be the owner of the single-family dwelling, and the dwelling shall be the full-time residence of the applicant, except within a Mixed-Use District.
E. 
Parking. Convenient off-street parking shall be available at the rate of one space per proposed bed-and-breakfast bedroom, plus parking spaces for cars of the owner's family. These spaces shall be located beyond the minimum front yard setback line. Natural or artificial buffers may be required as necessary by the Planning Board.
F. 
No more than 10 guests per night shall be permitted in any bed-and-breakfast establishment, and the Planning Board may fix a lower maximum in the permit. No paying guest shall stay on any one visit for more than seven days. The permit may require that a register of paying guests be maintained and available for inspection.
G. 
The only meal to be furnished shall be one daily morning meal per paying guest.
H. 
A sign designating a residence as a bed-and-breakfast establishment shall not exceed three square feet and must comply with all other regulations for signs as stated in § 155-53 of this chapter. In addition, all signs shall be affixed to the house.
I. 
Any new owner of the residence in which a bed-and-breakfast establishment is authorized and operating must apply to the Planning Board for a new special use permit to continue use as a bed-and-breakfast establishment.
[Added 10-17-1994 by L.L. No. 3-1994]
A. 
Definition. For the purpose of this chapter, "Christmas tree sales" shall consist of fresh-cut trees, wreaths, garlands, etc., made from greens.
B. 
Frequency. Sales shall be limited to the thirty-day period immediately preceding Christmas.
C. 
Signs. Signs shall be subject to the provisions as set forth in § 155-53C(3)(e).
D. 
Fees. No fee shall be charged for Christmas tree sales. However, permits (household sale permit) are required with application therefor secured a minimum of one day prior to commencement of sales.
E. 
Regulations. All Christmas tree sales shall comply with the following:
(1) 
Safe entry, exit and parking.
(2) 
Hours of operation which are compatible with the neighborhood.
F. 
Exempt sales. All public or civic nonprofit organization shall be exempt from requirements of this section.
[Added 5-15-2006 by L.L. No. 2-2006]
A. 
Purpose. The Village and Town of Westfield have conducted a joint study of the potential secondary affects posed by adult businesses. This study, along with other similar studies, has shown that buildings and establishments operated as adult uses pose secondary effects that are detrimental and harmful to the health, safety, morals and general welfare of a community. In order to promote the health, safety, morals and general welfare of the residents of the Village of Westfield, this section is intended to control those secondary effects by restricting adult businesses to areas of the Village that have a limited number of sensitive uses as identified in the study, particularly residential areas, and otherwise regulating their operation.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ESTABLISHMENT
A commercial establishment, including but not limited to an adult bookstore, adult eating or drinking establishment, adult theater, adult motel, massage establishment, nude model studio or other adult commercial establishment, or any combination thereof, as defined below:
(1) 
ADULT BOOKSTORE
(a) 
A store which has as a substantial portion (equal to or greater than 25%) of its stock-in-trade and/or floor area as hereinafter defined in any one or more of the following:
[1] 
Books, magazines, periodicals or other printed matter which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
[2] 
Photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(b) 
For the purpose of determining whether a substantial portion (equal to or greater than 25%) of an establishment includes an adult bookstore, the following factors shall be considered:
[1] 
The amount of floor area and cellar space accessible to customers and allocated to such uses; and
[2] 
The amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.
(c) 
For the purpose of determining whether a store has a substantial portion (equal to or greater than 25%) of its stock in materials defined in Subsection (1)(a)[1] or [2] hereof, the following factors shall be considered:
[1] 
The amount of stock accessible to customers as compared to the total stock accessible to customers in the establishment;
[2] 
The amount of floor area and cellar space accessible to customers containing such stock; and
[3] 
The amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.
(2) 
ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the following:
(a) 
Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or
(b) 
Films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
(c) 
Employees who as part of their employment, regularly expose to patrons specified anatomical areas, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.
(3) 
ADULT THEATERA theater which regularly features one or more of the following:
(a) 
Films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(b) 
Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities, and which is not customarily opened to the general public during such features because it excludes minors.
(4) 
MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800, et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.
(5) 
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons present either immediately or by videoconference or similar electronic means who pay money or any form of consideration for such observation.
BUSINESS
Any commercial enterprise, association or arrangement for profit.
PERSON
A person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.
SPECIFIED SEXUAL ACTIVITIES
For the purpose of defining adult establishments:
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.
SUBSTANTIAL CONNECTION
(1) 
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
(2) 
In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
(3) 
In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
(4) 
Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
C. 
Restrictions affecting adult uses. In addition to the other requirements of this section and the Code of the Village of Westfield, adult uses shall be permitted, subject to the following restrictions:
(1) 
No adult use shall be allowed within 500 feet of another existing adult use.
(2) 
No adult use shall be located within 250 feet of the boundaries of any zoning district which is zoned for residential use.
(3) 
No adult use shall be located within 250 feet of a pre-existing school or place of worship, day-care center or playground.
(4) 
No adult use shall be located in any zoning district except in that part of the Industrial (I-1) District lying 300 feet east of the eastern bounds of Lake Street.
D. 
Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection as follows:
(1) 
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Clerk of the Village of Westfield, containing:
(a) 
The address of the premises.
(b) 
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
(c) 
The name of the business or the establishment subject to the provisions of this section.
(d) 
The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this section.
(e) 
The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.
(f) 
The date of the initiation of the adult use.
(g) 
The exact nature of the adult use.
(h) 
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
(2) 
If there occurs any change in the information required for the certificate of registration, the Clerk of the Village of Westfield shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.
(3) 
The processing fee for each such certificate of registration or amendment thereto shall be $500.
(4) 
A licensing fee in the amount of $500 per year shall be required of each and every business and/or establishment as defined under this section.
(5) 
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.
(6) 
The owner or manager of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
(7) 
Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration, license or any document or information supplied therewith shall be grounds for the rejection, suspension or revocation of the certificate of registration.
(8) 
It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration and current valid license complying with this section.
(9) 
The Village of Westfield Police Department and the Code Enforcement Officer shall be authorized to inspect and enforce all provisions of this section.
E. 
Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.