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.
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.
(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:
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.
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.
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.
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.
(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.
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.
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.
(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.
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.
ACCESSORY STRUCTURE
ANTENNA
BOARD or VILLAGE BOARD
COLLOCATED ANTENNAS
FAA
FCC
TELECOMMUNICATION FACILITIES
TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
The Village Board of the Village of Westfield.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antennas and do not
require construction of a new tower.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
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.
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:
[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.
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.
Newspaper tubes are not allowed within the public
right-of-way in any district governed by this chapter.
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:
(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.
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.
B.
Conditions. Prior to the granting of a special use
permit, the following will be taken into consideration:
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.
(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:
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.
[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.
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.
ADULT ESTABLISHMENT
(1)
(a)
[1]
[2]
(b)
(c)
[1]
[2]
[3]
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(4)
(5)
BUSINESS
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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:
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:
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
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.
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:
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:
The amount of stock accessible to customers
as compared to the total stock accessible to customers in the establishment;
The amount of floor area and cellar space accessible
to customers containing such stock; and
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.
ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the following:
Live performances which are characterized by
an emphasis upon the depiction or description of specified anatomical
areas or specified sexual activities; or
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
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.
ADULT THEATERA theater which regularly features one or more of the following:
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
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.
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.
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.
Any commercial enterprise, association or arrangement for
profit.
A person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
For the purpose of defining adult establishments:
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.
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.
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.
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.
