A.
No land or premises may be used and no building or structure may
be erected, raised, moved, extended, enlarged, altered or used for
any purpose other than a purpose permitted by this ordinance for the
zone district in which the land, premises, building or structure is
located, and all uses and construction shall be in conformity with
the regulations provided for the zone district in which such land,
premises, building or structure is located.
B.
In applying the provisions of this ordinance, a departure from the
literal requirements shall not be considered a violation if, in the
opinion of the Zoning Officer, the departure is de minimus. For purposes
of administering this provision, "de minimus" is intended to mean
that the departure from the literal requirements of this ordinance
is inappreciable and does not impair the intent and purpose of the
zone plan and this ordinance. Any interested party may appeal a determination
of the Zoning Officer in this regard in accordance with the procedures
set forth in § 7.02B.
C.
No development shall be permitted without first obtaining zoning
approval, a construction permit, demolition permit, or certificate
of occupancy, as applicable, unless specifically exempted by this
ordinance or other law. No zoning approval, construction permit, demolition
permit or certificate of occupancy shall be issued by the Construction
Official or Zoning Officer except upon application and approval therefor
in accordance with the procedures set forth in Article 6 and in conformity
with the provisions of this ordinance.
D.
The control and regulation of the uses of buildings and structures
by this ordinance shall apply equally to the nature and extent of
the uses of the lot or lots upon which they are erected.
A.
General. The Planning Board or Zoning Board of Adjustment, as applicable,
may in appropriate circumstances grant relief from the literal provisions
of the zoning regulations in accordance with the powers of the respective
board and in accordance with the procedures set forth in Article 7.
B.
Expiration of variances. Any variance from the zoning regulations,
Articles 11 through 19, hereafter granted shall expire by limitation
unless the construction, alteration or use, as applicable, permitted
by the variance shall have been actually commenced within 12 months
of the date of memorialization of approval of the variance; provided,
however, that the running of the period of limitation herein provided
shall be tolled in the case of legal action as provided in § 8.16.
Notwithstanding the foregoing, any variance hereafter granted in connection
with a subdivision or site plan application shall not expire as provided
above, but shall expire in the same manner as the subdivision or site
plan approval, as applicable, as set forth in Article 8.
C.
Time period for approvals granted for pre-existing conditions. Any
approval granted for a pre-existing condition pursuant to § 7.01B
and § 8.06E hereof shall not expire by limitation after
12 months as is provided elsewhere for variances granted for a condition
not pre-existing, but instead shall continue in full force and effect
thereafter until a new application is received pursuant to § 7.01B
and § 8.06E, different from the one received for which the
approvals were granted.
There shall be provided for every lot front, rear and side yards
as required in the zone district in which said lot is located. The
required yard dimensions shall be measured perpendicular to the lot
line and shall be measured between the lot line and the furthest projection
of the building, unless specified otherwise in this ordinance.
A.
Required yards apply individually to each lot. No open space which
has been counted or included as a part of a side yard, rear yard,
front yard, or other open space as required by this ordinance for
one lot may, by reason of change of ownership or for any other reason,
be counted or included in order to comply with the yard, or other
open space requirement of any other lot.
B.
Permitted yard encroachments. Except as hereinafter specified, or
as may be specified otherwise by this ordinance, yards and courts
shall be entirely free of buildings, structures, or parts thereof;
provided, however, that no building, structure or part thereof shall
be permitted to encroach beyond any boundary for the subject property,
unless specifically permitted otherwise by this ordinance or other
law.
1.
Cornices and eaves may encroach up to three feet into any required
yard or court.
2.
Window air conditioners, basement window wells, "Bilco"-style
basement doors, ingress and egress platforms, awnings, and window
flower boxes may encroach into any required yard or court without
limitation.
[Amended 4-28-2020 by G.O. No. 2162]
3.
Fire escapes may encroach up to four feet into any required
yard or court.
4.
Ground-supported chimneys, chimney box structures, and flues,
stacks and vents attached to the side of a building may encroach up
to 2 1/2 feet into any required yard or court; provided, however,
that the area of such encroachment projected to ground level shall
not exceed 12 square feet in the aggregate.
[Amended 4-28-2020 by G.O. No. 2164]
5.
Oriels, bay windows, bow windows, window greenhouses, and similar
architectural devices may encroach up to three feet into any required
yard or court; provided, however, that the area of such encroachment
projected to ground level shall not exceed 15 square feet in the aggregate
and further provided that such encroachment is limited to structures
on the ground floor of the building.
[Amended 4-28-2020 by G.O. No. 2164]
6.
Sills, leaders, belt courses and similar ornamental structural
features may encroach up to six inches into any required yard or court.
C.
Front yard, street side yard, lot frontage, and lot width in case
of substandard street width. All front yards and street side yards
must face upon a dedicated public street and shall be of the size
required for the particular zone district in which the lot is located;
provided, however, that:
[Amended 11-21-2006 by Ord. No. 1878]
1.
On streets having a right-of-way less than 50 feet in width,
the required front yard(s) and street side yards shall be increased
by 1/2 the difference between the width of the street and 50 feet;
2.
Wherein the street side yard of any corner lot abuts a right-of-way
of less than 50 feet in width, the lot frontage and lot width requirements
pertaining to the lot shall each be increased by 1/2 the difference
between the width of the street and 50 feet;
3.
Any lot which abuts a street with a proposed right-of-way greater
than 50 feet in width as shown on the Street Plan of the Master Plan
of the Town of Westfield, adopted pursuant to N.J.S.A. 40:55D-28,
shall have a front yard and/or street side yard setback measured from
the nearest line of the proposed building or structure to the proposed
right-of-way line as shown on said Master Plan.
D.
Front yard requirement to reflect established pattern. In the RS-40,
RS-24, RS-16, RS-12, RS-10, RS-8, RS-6, RM-12, RM-8, RM-6, RM-6D,
P-1, P-2, O-1 and GB-3 zone districts, and in the case of single family
detached and two family dwellings in the RA-3 zone district, where
existing principal buildings on the same side of the street form an
established front yard depth, the front yard for principal buildings
on the subject property shall not deviate from this established yard
depth; provided, however, that in no event shall the required front
yard depth be less than 25 feet.
If such established front yard depth varies, the dimension to
be used in administering the above front yard requirement shall be
equal to the average depth of the established front yards; provided,
however, that in calculating the average front yard depth, the Zoning
Officer may disregard a yard or yards if same obviously deviate from
the prevailing front yard pattern. For purposes of administering the
above provisions, the properties used for determining said established
front yard depth shall be located, in whole or in part, within the
following distances of the subject property, and must be on the same
side of the street, in the same block and must be subject to the same
front yard requirement in the zone district regulations as the property
in question:
|
Zone
|
Distance*
(feet)
|
|---|---|
|
RS-40, RS-24, RS-16
|
300
|
|
RS-12, RM-12, P-1, P-2, O-1
|
225
|
|
RS-10, RS-8, RS-6, RM-8, RM-6, RM-6D
|
200
|
|
RA-3, GB-3
|
200
|
|
*
|
Distance measured along the street right-of-way line.
|
|
If no established front yard depth exists, as for example, in
the case of a development on a new street or on a street having several
vacant lots, the front yard dimension set forth in the applicable
zone district regulations shall apply.
[Amended 11-21-2006 by Ord. No. 1878] |
E.
Front yard requirement for additions to principal buildings. Notwithstanding
the front yard requirements in § 12.03D above and in the
various zone district regulations, additions to principal buildings
may be located further from the front street right-of-way line than
would otherwise be permitted by said requirements. No addition shall
be permitted, however, which would be located nearer to the front
street right-of-way line than would otherwise be permitted by said
requirements.
A.
More than one principal building or structure on same lot prohibited.
No lot shall contain more than one principal building or structure
except as permitted and regulated in the RA-1, RA-2, RA-3, RA-4, RA-5A,
RA-5B, NS-AMFH, NA-AH and RA-5C zone districts, and except as may
be specifically permitted otherwise by this ordinance. On any lot
that is divided by a zone boundary, one principal building or structure
otherwise permitted in the zone district shall be permitted on each
portion of said lot located in a different zone than the remainder
of the lot located in a different zone than the remainder of the lot;
provided, however, that for purposes of determining compliance with
the applicable zoning regulations, the zone boundaries on said lot
shall be construed to be lot boundaries.
[Amended 12-16-2014 by Ord. No. 2031]
B.
Basement dwelling units prohibited. Unless expressly permitted in
this ordinance, no dwelling unit shall be located in a basement. As
used in this subsection, the term "dwelling unit" shall be construed
to mean a space which contains kitchen facilities, sanitary facilities
and sleeping facilities.
C.
Basement floor usage in non-residential buildings. Basement space
in non-residential buildings may be used for purposes accessory and
ancillary to the principal uses within the building, such as storage
and similar support functions; provided, ground floor tenants may
also use basement space for display space, sales space, work areas,
food preparation and service areas, offices, meeting rooms, drafting
rooms or facilities, waiting rooms, laboratories, or patient treatment
or therapy facilities, all of which are deemed for purposes of this
section to be included as integral components of the principal use.
Such basement space shall not be counted when computing habitable
floor area.
[Amended 6-6-2017 by Ord.
No. 2082]
D.
Minimum floor area requirements for dwelling units. Dwelling units
in all zones shall be required to contain the following minimum habitable
floor areas; provided, however, that no dwelling unit shall contain
less than 600 square feet of floor area in any event:
E.
Maximum floor area ratio for single-family detached dwellings, two-family
dwellings and duplexes. In all zone districts, lawfully permitted
single-family detached dwellings, two-family dwellings, duplexes,
community residences and shelters and any other lawfully permitted
uses which are subject to the same requirements as the foregoing,
shall comply with the following schedule of maximum floor area ratios:
[Amended 9-29-2009 by Ord. No. 1947]
1.
Single-family detached dwellings and community residences and
shelters.
|
Lot Area
(square feet)
|
Maximum Floor Area Ratio
(% of lot area, square feet)
|
|---|---|
|
0 to 9,999 square feet
|
37%, but not above 3,200 square feet
|
|
10,000 to 11,999 square feet
|
32%, but not above 3,600 square feet
|
|
12,000 to 15,999 square feet
|
30%, but not above 4,000 square feet
|
|
16,000 to 39,999 square feet
|
25%, but not above 8,000 square feet
|
|
40,000 square feet and over
|
20%
|
2.
Two-family dwellings and duplexes.
|
Lot Area
(square feet)
|
Maximum Floor Area Ratio
(% of lot area, square feet)
|
|---|---|
|
0 to 11,999 square feet
|
42%, but not above 3,600 square feet
|
|
12,000 to 15,999 square feet
|
30%, but not above 4,000 square feet
|
|
16,000 to 39,999 square feet
|
25%, but not above 8,000 square feet
|
|
40,000 square feet and over
|
20%
|
3.
Notwithstanding the provisions of subparagraphs E.1 and E.2
above, proposed expansions of lawfully permitted single-family detached
dwellings, two-family dwellings and duplexes existing as of July 1,
1998 shall be subject to subparagraph E.1 or E.2 above, as applicable,
or to the following schedule, whichever is less restrictive, for that
period between the effective date of this ordinance and June 1, 2001.
On June 1, 2001, the following standards shall no longer apply and
such expansions shall be required to comply with subparagraphs E.1
or E.2 above, as applicable.
|
Zone
|
Permitted Use
|
Maximum Floor Area Ratio
|
|---|---|---|
|
RS-40
|
Single Family Detached
|
20%
|
|
RS-24
|
Single Family Detached
|
25%
|
|
RS-16
|
Single Family Detached
|
25%
|
|
RS-12
|
Single Family Detached
|
30%
|
|
RS-10
|
Single Family Detached
|
32%
|
|
RS-8
|
Single Family Detached
|
35%
|
|
RS-6
|
Single Family Detached
|
35%
|
|
RM-12
|
Single Family Detached
|
35%
|
|
Two Family
|
35%
| |
|
RM-8
|
Single Family Detached
|
35%
|
|
Two Family
|
40%
| |
|
RM-6
|
Single Family Detached
|
35%
|
|
Two Family
|
40%
| |
|
RM-6D
|
Single Family Detached
|
35%
|
|
Two Family
|
40%
| |
|
Duplex
|
40%
| |
|
RA-3
|
Single Family Detached
|
35%
|
|
Two Family
|
40%
| |
|
P-1
|
Single Family Detached
|
30%
|
|
P-2
|
Single Family Detached
|
30%
|
|
Two Family
|
30%
| |
|
GB-3
|
Single Family Detached
|
35%
|
|
Two Family
|
40%
|
F.
Maximum coverage by buildings and above grade structures for single-family
detached dwellings, two-family dwellings and duplexes. In all zone
districts, lawfully permitted single-family detached dwellings, two-family
dwellings, duplexes, community residences and shelters, and any other
lawfully permitted uses that are subject to the same requirements
as the foregoing uses and structures, shall comply with the following
schedules of maximum coverage by buildings and above-grade structures.
Earthen flood detention basins as defined by this ordinance shall
not be considered as a building or structure for purposes of computing
this coverage.
[Amended 12-3-2002 by
Ord. 1809]
1.
Coverage by buildings and above-grade structures.
|
Lot Area
(square feet)
|
Maximum Coverage by Buildings and Above-Grade Structures
(% of lot area, square feet)
|
|---|---|
|
0 to 23,999 square feet
|
20%, but not above 3,600 square feet
|
|
24,000 to 39,999 square feet
|
15%, but not above 4,000 square feet
|
|
40,000 square feet and over
|
10%
|
2.
Limited increase in coverage permitted for decks. Notwithstanding
the maximum coverage limits in Paragraph F.1 above, the coverage limitations
in Paragraph F.1 above may be exceeded by the following amounts when
such excess coverage is caused by a deck or decks as defined by this
ordinance and located in the rear yard, subject to the limitations
in Paragraphs F.2.a, b and c below:
|
Lot Area
(square feet)
|
Maximum Additional Coverage by Decks
(% of lot area, square feet)
|
|---|---|
|
0 to 39,999 square feet
|
2%, but not above 400 square feet
|
|
40,000 square feet and over
|
1%
|
a.
The deck or decks, or portion thereof, shall be adjacent to
the first/ground floor of the dwelling only; otherwise, the limited
increase in coverage shall not be permitted.
b.
The deck or decks, or portion thereof, shall be open and without
enclosures on all sides (except the side abutting the dwelling), including
windows, screens or lattices, except for a railing not exceeding a
height of 42 inches (3.5 feet) above the floor of the deck, and except
for the enclosure of sub-floor areas required by § 13.02C.5;
otherwise, the limited increase in coverage shall not be permitted.
c.
If a deck or decks is/are proposed for a property that already
exceeds the coverage limitations in Paragraph F.1 above, this Paragraph
F.2 or Paragraph F.3 below (as in the case of legally nonconforming
structures or structures that have received variances for coverage),
the limited increase in coverage permitted for the deck by this Paragraph
F.2 shall be reduced by the amount of excess coverage that already
exists.
3.
Limited increase in coverage permitted for porches, ingress
and egress platforms and decks in combination. Notwithstanding the
maximum coverage limits in Paragraph F.1 above, the coverage limitations
in Paragraph F.1 above may be exceeded by the following amounts when
such excess coverage is caused by ingress/egress platforms and porches,
or by ingress/egress platforms and porches in combination with a deck
or decks, all as defined by this ordinance, subject to the limitations
in Paragraphs F.3.a through F.3.k below:
|
Lot Area
(square feet)
|
Maximum Coverage by Ingress/Egress Platforms, Porches and Decks
Excluded from Coverage Calculation
(% of lot area, square feet)
|
|---|---|
|
0 to 11,999 square feet
|
4%, but not above 420 square feet
|
|
12,000 - 23,999 square feet
|
3.5%, but not above 720 square feet
|
|
24,000 - 39,999 square feet
|
3%, but not above 1,000 square feet
|
|
40,000 square feet and over
|
1,000 square feet
|
a.
In no event shall the coverage in excess of that permitted by
Paragraph F.1 above caused by a deck or decks be greater than that
permitted by Paragraph F.2 above.
b.
In no event shall the coverage in excess of that permitted by
Paragraph F.1 above caused by ingress/egress platforms or porches,
alone or in combination with a deck or decks, be greater than that
permitted by this Paragraph F.3.
c.
The ingress/egress platforms and porches shall be attached primarily
to the front wall of a dwelling, or in the case of corner lots, the
ingress/egress platforms and porches shall be attached primarily to
the front or street side walls of the dwelling; otherwise, the limited
increase in coverage shall not be permitted. For purposes of this
subsection, the "front wall" shall be considered that wall facing
the front yard and located closest to the street, and the "street
side wall" shall be considered that wall facing the street side yard
and located closest to the street.
Platforms and porches that are attached primarily to the side
or rear walls of the dwelling are permitted, but shall not be entitled
to the limited increase in coverage permitted by this Paragraph F.3.
d.
Ingress/egress platforms or porches attached primarily to the
front wall are also permitted to wrap around the side wall(s) of the
dwelling. No corner lots, platforms or porches attached primarily
to the front wall are also permitted to wrap around the street side
wall and/or the side wall of the dwelling. On corner lots, platforms
or porches attached primarily to the street side wall are also permitted
to wrap around the front wall and/or the rear wall of the dwelling.
On all such wrap-around porches, the limited increase in coverage
permitted by this Paragraph F.3 shall only apply to that portion of
such ingress/egress platforms and porches that are located no more
than 15 feet further from the street right-of-way than the primary
wall to which the platform or porch is attached (i.e., the front wall
or street side wall of the dwelling). The portions of platforms or
porches that extend further from the street along the secondary walls
shall be subject to the coverage limitations in Paragraph F.1 above
and shall not be entitled to the limited increase in coverage permitted
by this Paragraph F.3.
e.
The ingress/egress platforms and porches shall be adjacent to
the first/ground floor of the dwelling only; otherwise, the limited
increase in coverage shall not be permitted.
f.
The ingress/egress platforms and porches shall have a floor
elevation no higher than 42 inches (3.5 feet) above normal grade at
the base of the ingress/egress platform or porch; otherwise, the limited
increase in coverage shall not be permitted.
g.
Ingress/egress platforms and porches shall not exceed a total
height, including any roof, of 15 feet above normal grade at the base
of the ingress/egress platform or porch, or 12 feet above the floor
of the ingress/egress platform, whichever is less; otherwise, the
limited increase in coverage shall not be permitted.
h.
Those portions of ingress/egress platforms and porches entitled
to the limited increase in coverage shall not have any portion of
the building located above such ingress/egress platform or porch.
[Amended 11-21-2006 by Ord. No. 1878]
i.
The ingress/egress platforms and porches shall not be heated
or otherwise habitable for year-round occupancy; otherwise, the limited
increase in coverage shall not be permitted.
j.
The ingress/egress platforms and porches shall be open and without
enclosures on all sides (except on the side abutting the dwelling),
including windows, screens or lattices, except for a railing or wall
not exceeding a height of 42 inches (3.5 feet) above the floor of
the ingress/egress platform or porch, and except for the enclosure
of sub-floor areas by lattice or other screening materials; otherwise,
the limited increase in coverage shall not be permitted.
k.
If ingress/egress platforms or porches are proposed for a property
that already exceeds the coverage limitations in Paragraph F.1 or
F.2 above, or this Paragraph F.3 (as in the case of legally nonconforming
structures or structures that have received variances for coverage),
the limited increase in coverage permitted for the ingress/egress
platforms or porches by this Paragraph F.3 shall be reduced by the
amount of excess coverage that already exists.
4.
Additional coverage not permitted for enclosure of decks, ingress/egress
platforms and porches. Notwithstanding the additional coverage permitted
for certain decks, ingress/egress platforms and porches as set forth
in Paragraphs F.2 and F.3 above, the following shall apply:
a.
The additional coverage in Paragraphs F.2 and F.3 above shall
not be permitted for any decks, ingress/egress platforms or porches
that are or are proposed to be enclosed by screens, lattice, windows,
doors, walls or other such features, except for enclosure by railings,
walls or sub-floor enclosures that are permitted in F.2.b and F.3.j
above.
b.
The additional coverage in Paragraphs F.2 and F.3 above shall
not be permitted for the conversion of any residential decks, ingress/egress
platforms or porches to year-round habitable space.
c.
The provisions in Paragraphs F.4.a and F.4.b above shall apply
even if such additional coverage would be permitted for such decks,
ingress/egress platforms or porches if they were not so enclosed or
converted.
d.
Any action or application for development to enclose or convert
decks, ingress/egress platforms and porches as set forth in Paragraphs
F.4.a and F.4.b above shall result in the revocation of any rights
to the increased coverage permitted by Paragraphs F.2 and F.3 above,
as applicable, and shall subject all above-grade structures on the
property to the coverage limitations in Paragraph F.1 above.
G.
Maximum coverage by improvements for single-family detached dwellings,
two-family dwellings and duplexes. In all zone districts, lawfully
permitted single-family detached dwellings, two-family dwellings,
duplexes, community residences and shelters and any other lawfully
permitted uses which are subject to the same requirements as the foregoing,
shall comply with the following schedule of maximum coverage by improvements.
For purposes of administering this provision, the improvements regulated
shall include, but not necessarily be limited to buildings; above-grade
structures; and at-grade structures including, but not limited to,
sidewalks, parking areas, patios, driveways, swimming pools, etc.
It is the intention of this provision that, except for the permissible
coverage set forth in the schedule, the lot area be covered only by
vegetation. Earthen flood detention basins as defined herein shall
not be considered as a building, structure or improvement for purposes
of computing this coverage.
|
Lot Area
(square feet)
|
Maximum Coverage by Improvements
(% of lot area)
|
|---|---|
|
0 to 15,999 square feet
|
50%, but not above 6,400 square feet
|
|
16,000 to 23,999 square feet
|
40%, but not above 7,200 square feet
|
|
24,000 to 39,999 square feet
|
30%, but not above 8,000 square feet
|
|
40,000 square feet and over
|
20%
|
[Amended 6-6-2017 by Ord.
No. 2082]
Notwithstanding the height limitations in each zone district,
the following structures shall be exempt from such limitations only
to the extent indicated, unless provided otherwise by this ordinance:
A.
The height limitations required in each zone district shall not apply
to church steeples.
B.
Permitted house of worship buildings, school buildings and municipally
owned, leased or operated buildings, structures or uses, and masts,
flagpoles, and antennas accessory to a permitted residential use,
except dish antennas as are regulated in § 13.04, shall
be exempt from the height limitations in each of the zone districts;
provided, however, that such structures shall not exceed 45 feet in
height.
C.
Rooftop structures, including but not limited to decorative architectural
elements such as cupolas or weathervanes; heating, ventilating and
air conditioning equipment; rooftop stairtowers or bulkheads, and
elevator bulkheads or enclosures; chimneys, etc., provided, however,
that the foregoing structures shall comply with the following:
1.
The area occupied by such rooftop structures shall not exceed
10% of the total roof area or 250 square feet, whichever is less;
2.
Such rooftop structures, except for chimneys, shall be set back
at least 10 feet from any wall of the building; and,
3.
The height of such rooftop structures above the ground shall
not exceed the maximum height permitted for the principal building
by more than eight feet, and shall not exceed the actual height of
the building by more than eight feet, whichever is less.
D.
Parapet walls, decorative railings, and cornices provided they do
not exceed the permitted height by more than five feet.
No fence, hedge, shrubbery or planting on any lot or adjacent thereto in any zone shall be permitted within the street right-of-way. All trees adjoining street sidelines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight feet above street pavement level. On any corner lot in any zone, in the Town of Westfield, no shrubbery, planting, fence or other obstruction to vision shall be permitted adjacent to the street property line except as is provided in Chapter 29 of the Code of the Town of Westfield which provides for sight triangles.
[Amended 10-10-2006 by Ord. No. 1885; 9-29-2009 by Ord. No. 1947; 9-24-2019 by Ord. No. 2145; 11-8-2023 by G.O. No. 2023-31]
The following regulations apply to fences and freestanding walls.
In addition, fences required for enclosing swimming pools and hot
tubs by the Uniform Construction Code shall be required to comply
with the requirements of said code as well as the following regulations.
Notwithstanding the foregoing, recreational facility enclosures as
regulated in § 13.02F.4 shall be exempt from the provisions
of this section.
A.
No construction permit shall be required for fences or freestanding
walls conforming with the height limits for same as set forth in this
article.
B.
Fences and freestanding walls shall be permitted in front, side and
rear yards.
C.
Fences and freestanding walls shall not exceed four feet in height
when located in the front yard or, in the case of a corner lot, when
located in the front yard, street side yard or in any portion of the
rear yard which is closer to the abutting street than 1) the principal
building on the lot, or 2) the minimum street side yard setback, whichever
is more restrictive. The provisions of this subsection shall not apply
to lots under construction or lots where demolition of the improved
structures on the lot has occurred, as determined by the Construction
Official of the Town. In such circumstance, six-foot high fencing
shall be permitted around the perimeter of the lot or in such other
location as the Construction Official in the reasonable exercise of
his discretion may determine in order to protect the health and safety
of the public in accordance with the provisions of the Town Code of
the Town of Westfield.
D.
Fences and freestanding walls shall not exceed six feet in height when located in the side yard or rear yard, except when more stringent requirements apply in certain circumstances when located on corner lots, as set forth in Subsection C above.
E.
Fences and freestanding walls may abut the property line without
any required setback; provided, however, in cases where a fence or
freestanding wall in the side or rear yard is permitted to exceed
six feet in height by variance, such fence or freestanding wall shall
be set back from any property line a distance of at least one foot
for each foot of height in excess of six feet.
F.
No fence or above ground wall shall be located on any property in any way which violates the provision of Chapter 29 of the Town Code which provides for sight triangles at street corners.
G.
In the event that both sides of a fence or freestanding wall are
not identical, the finished/preferred side shall be required to face
the street and/or abutting properties, as applicable.
H.
Fences or freestanding walls which may present a danger or hazard
to the public welfare, including but not limited to fences or freestanding
walls which are electrified, contain broken glass, razor wire or barbed
wire, or other sharp edges, are prohibited.
I.
Approval by the Town Engineer shall be required for the erection,
relocation, alteration or other construction involving any fence or
freestanding wall located within a street right-of-way.
J.
Fences which surround mechanical or electrical apparatus may be as
high as the apparatus which they surround.
The following regulations apply to retaining walls:
A.
No construction permit shall be required for retaining walls conforming
with the height limits for same as set forth in this article.
B.
Retaining walls shall be permitted in front, side and rear yards.
C.
Retaining walls shall not exceed four feet in height. In the event
a guard rail or other restraining device is provided at the top of
the wall, the wall height shall be measured to the top of said restraining
device, except when the restraining device is not affixed to, or directly
on top of, the retaining wall itself. For purposes of administering
this subsection, terraced retaining walls involving more than one
section of wall above or below each other shall be construed as one
wall unless the base of the upper wall is separated from the face
of the lower wall by at least four feet, measured horizontally.
[Amended 5-9-2023 by G.O. No. 2023-21]
D.
In the event a retaining wall is permitted by variance to exceed
four feet in height, the Board granting the variance may require an
appropriate guard rail or other restraining device in order to protect
persons from falling off the edge of the wall.
E.
Retaining walls which may present a danger or hazard to the public
welfare, including but not limited to retaining walls which are electrified,
contain broken glass, razor wire or barbed wire, or other sharp edges,
are prohibited.
F.
No retaining wall shall be located on any property in any way which violates the provisions of Chapter 29 of the Town Code which provides for sight triangles at street corners.
G.
Approval by the Town Engineer shall be required for the erection,
relocation, alteration or other construction involving any retaining
wall located within a street right-of-way, public drainage or sewer
easement or other public land or easement under the control of the
Town of Westfield.
H.
Retaining walls shall be setback from the property line a distance
of at least one foot for each foot of height of the retaining wall.
[Amended 9-29-2009 by Ord. No. 1947]
I.
In instances where the slope on the upper side of the retaining wall
exceeds 3:1 a guard rail or other restraining devise must be provided
at the top of the retaining wall.
[Amended 9-29-2009 by Ord. No. 1947]
Vending machines, except cigarette vending machines, are permitted
within a building or structure in any non-residential zone district.
Vending machines designed and used for the sale of candy, chewing
gum, soft drinks and other snack foods, when located outside a building
on properties occupied by a gasoline filling station or gasoline service
station shall be permitted; provided that said vending machines are
attached to the principal building or structure on the premises, and
further provided that no such vending machines shall have an internally
illuminated display. Cigarette vending machines located either within
or outside of a building are prohibited in all zone districts.
No building permit or zoning approval shall be granted for a
building, structure or use if the design or construction of said building
or structure involves exceptional risks of traffic congestion or public
safety. If the Construction Official or Zoning Officer, as applicable,
finds either of the above to be the case, he shall refuse a permit
and refer the application to the Board having jurisdiction over the
matter.
[Amended 5-9-2023 by G.O. No. 2023-22]
Striking dissimilarity, visual discord, as well as excessive
uniformity or monotonous similarity in the exterior appearance of
structures erected in the Town of Westfield can affect the desirability
of a community by marring its appearance and thereby impairing its
visual character. It is the purpose of this section to prevent this
effect and thus to promote the public health, safety, morals and general
welfare of the community; and, promote a desirable visual environment
through creative development techniques and good civic design and
arrangement. In addition to any other applicable requirements of this
chapter, the following requirements shall apply to the design of detached
single-family and two-family dwellings, and duplexes:
A.
Roofs. Flat roofs are prohibited on detached single and two-family
dwellings, and duplexes, except on lower tier roofs and shall not
occupy more than 20% of the dwelling's total roof coverage (not to
be interpreted as total roof area). This provision shall not prohibit
the reconstruction of flat roofs on existing dwellings.
B.
Orientation. The principal face or front elevation and a primary
entrance of a building shall be oriented to the street upon which
the structure is located.
C.
Dormers. The width of any individual dormer or combination of dormers
above the second floor of a dwelling shall be limited to a maximum
of 50% of the width of the floor below which the dormer or dormers
is/are situated measured along the same building facade.
D.
Excessive uniformity in design of residential buildings prohibited.
In any new development in which two or more new dwellings are proposed,
no dwelling shall hereafter be erected or constructed which shall
be like or substantially like any existing neighboring dwelling or
any proposed neighboring dwelling for which a building permit has
been issued. Apparently identical facades, substantially identical
size and arrangement of either doors, windows, porticos, or other
openings or breaks in the facade facing the street, including reverse
arrangements; or other significant identical features, such as material,
roofline and height, or other design elements are not permitted. For
purposes of administering this requirement, the following provisions
shall apply:
1.
A dwelling shall be deemed to be a "neighboring dwelling" to
the subject lot if said dwelling or any part thereof is currently
or proposed to be located on any of the following lots:
a.
Any first or second lot in either direction along the same side
of the street from the subject lot, without regard to intervening
street lines; or
b.
Any lot or portion thereof that has street frontage on the opposite
side of the street from the subject lot or on the opposite side of
the street from any lot referred to in Subsection D1a above.
2.
A dwelling shall be deemed to be "like or substantially like"
any neighboring dwelling if it is like such neighboring dwelling in
more than three of the following six respects:
a.
Height. Height of the main roof ridge above the elevation of
the first floor;
b.
Length. Length of the main roof ridge;
c.
Width. Width between outside walls under the main roof perpendicular
to the length thereof;
d.
Garage and porch location. In the front elevation, relative
location with respect to each other, of the garage (if attached),
porch (if any) and the remainder of the dwelling;
e.
Window placement and design. In the front elevation, relative
location of windows; and
f.
Materials. In the front elevation, materials used in the exterior
wall of the dwelling.
g.
Entry details. In the front elevation, the relative location,
size, and trim details of entry doors;
h.
Roof orientation. Orientation of the roof to the front elevation;
i.
Roof style. The style of roof used on the structure;
j.
Projections and recesses. In the plane of the front elevation,
the use and location of projections and recesses.
3.
For Subsection B2a, b, c and d above, dwellings shall be deemed
to be like each other if the difference between the respective dimensions
of the subject dwellings is less than or equal to six feet.
4.
For Subsection B2e above, dwellings shall be deemed to be like
each other if the difference between the relative location of windows
is less than or equal to two feet.
5.
For Subsection B2f above, dwellings shall be deemed to be like
each other if the difference between the percentage wall coverage
of the subject dwellings by the same material is less than or equal
to 30%.
6.
For Subsection B2g above, dwellings shall be deemed to be like
each other if the difference between the relative location of entry
doors is less than or equal to two feet, or the use of different trim
details around the doors such as side or top lights is not present.
7.
For Subsection B2h above, dwellings shall be deemed to be like
each other if the main roof ridge when compared to the neighboring
dwelling, both run parallel the lot frontage or both run perpendicular
to the lot frontage.
8.
For Subsection B2i above, dwellings shall be considered like
each other if the roof style chosen is identical to the neighboring
dwelling. Like roof styles on separate dwellings which are rotated
90° to the lot frontage however, shall be considered different.
Examples of roof styles include, but are not limited to, gable, hip,
gambrel, and mansard.
9.
For Subsection B2j above, dwellings shall be deemed to be like
each other if relative location of the projections and recesses on
the front elevation of the subject dwellings is less than two feet.
10.
Dwellings shall be deemed to be like each other if the only
difference in the relative location of elements is an end-to-end or
side-to-side reversal of same.
The keeping of fowl, chickens, ducks, pigeons, horses, ponies,
or other domestic equine animals, pigs, goats, sheep or cattle or
other kinds of livestock is prohibited in all zones.
Any use or development by the Town of Westfield shall be a permitted
use in all zone districts and shall be exempt from the zoning regulations,
design standards for subdivisions and site plans, and any requirement
set forth in this ordinance to obtain site plan approval.
Lighting for single-family and two-family residential uses shall
be subject to the design standards for lighting in § 10.11.
All uses shall be required to comply with the following performance
standards:
A.
Noise. All applicable State and County noise regulations shall be
complied with, including, but not necessarily limited to, the N.J.
Noise Control Act (N.J.S.A. 13:1G-1 et seq.) and regulations (N.J.A.C.
7:29-1.1 et seq.) and the Union county Regional Environmental Health
Commission Noise Control Ordinance (No. 01-1989), as amended.
B.
Vibration. No industrial, scientific or research use shall produce
any earthborne vibration which is discernible to the human sense of
feeling at the boundary of the subject property, provided that vibrations
produced by motor vehicles entering or exiting the site are exempt
from this regulation.
C.
Air quality. All applicable Federal and State regulations shall be
complied with, including, but not necessarily limited to, the Clean
Air Act (42 U.S.C. 7401 et seq.), the N.J. Pollution Control Act (N.J.S.A.
26:2C-1 et seq.) and regulations (N.J.A.C. 7:27-1.1 et seq.), as amended.
D.
Odor. No industrial, scientific or research use shall produce any
odor which is perceptible to the human sense of smell at the boundary
of the subject property, if said odor(s) would produce a public nuisance
or hazard. Odors from motor vehicle emissions on the site are exempt
from this regulation.
E.
Glare. Any industrial, scientific or research use operation producing
any glare shall be shielded or performed within an enclosed building,
as determined by the Planning Board, in such a manner as not to create
a public nuisance or hazard at the boundary of the subject property.
Glare from motor vehicle headlights entering or exiting the site driveway
are exempt from this requirement.
F.
Electrical interference. No industrial, scientific or research use
shall be conducted which produces electromagnetic interference with
radio or television reception or otherwise interferes with the operation
of electronic devices located outside the boundaries of the subject
property. Operators of equipment must comply with Federal Communications
Commission regulations regarding the use of such equipment.
G.
Radiation. All applicable Federal and State radiation regulations
shall be complied with, including, but not necessarily limited to,
provisions of the N.J. Radiation Protection Act (N.J.S.A. 26:2D-1
et seq.) and regulations (N.J.A.C. 7:28 1.1 et seq.), as amended.
H.
Waste disposal. All applicable Federal, State, County and local regulations
pertaining to the storage, disposal and recycling of solid and liquid
waste materials shall be complied with.
I.
Fire and explosive hazards. All industrial, scientific or research
use operations and structures shall be conducted and/or built in accordance
with the standards of the National Board of Fire Underwriters, the
Uniform Construction Code and the Town Fire Prevention Ordinance,
whichever is more restrictive.
J.
Toxic and hazardous materials. All applicable Federal, State, County
and local regulations pertaining to the use, storage, transporting
and disposal of toxic and hazardous materials shall be complied with.
