Except as may be specifically provided otherwise in this ordinance,
the following provisions shall apply to accessory uses and structures
in all zones; provided, however, that except for the improvement coverage
requirements herein, this article shall not apply to parking, signs
and other accessory structures regulated elsewhere in this ordinance
when such regulations expressly or by clear implication supersede
those in this article:
A.
General location of accessory structures and uses. Accessory buildings,
structures and uses shall be located on the same lot as the principal
building, structure or use to which they are accessory, unless specifically
permitted otherwise by this ordinance.
[Amended 5-11-1999 by Ord. No. 1734]
B.
Distance from principal building. All accessory buildings and other roofed accessory structures shall be either attached to the principal building in a substantial manner as set forth in Subsection C. below, or detached from the principal building. If detached, accessory buildings and other roofed accessory structures shall be located at least 10 feet, or the height of said accessory structure, whichever is greater, from any principal building located on the same lot.
C.
Accessory buildings attached to principal buildings. Accessory buildings
and other roofed accessory structures which are attached to a principal
building by a common wall, abutting wall or roof shall be subject
to the same regulations applicable to said principal building, unless
the plain meaning of the applicable text clearly indicates that the
principal building regulation is not intended to apply to the accessory
structure, or unless said accessory structure is specifically exempted
from the principal building regulation.
D.
Maximum floor area. The gross floor area of buildings or roofed structures
accessory to a residential use shall not exceed 750 square feet. The
gross floor area of buildings or roofed structures accessory to a
non-residential use shall not exceed the gross floor area of the principal
building. Nothing contained herein shall be construed to permit a
floor area ratio greater than otherwise permitted in the zone district
or for the specific use.
E.
Front yard and street side yard location. No accessory building or
above-grade structure, except as set forth below, shall be permitted
in any front yard or street side yard.
[Amended 11-21-2006 by Ord. No. 1878]
F.
Side yard location. Except for such accessory buildings, structures,
or uses which are permitted only in the rear yard as provided by this
ordinance, accessory buildings, above-grade structures and uses may
be located within any side yard or rear yard. Accessory buildings,
above-grade structures and uses located in the side yard shall comply
with the side yard requirements applicable to principal buildings;
provided, however, that this requirement shall not apply to fences,
freestanding walls and retaining walls located in the side yard; such
improvements shall be subject to the provisions in § 12.07
and § 12.08, as applicable. None of the foregoing shall
be construed as an exemption from any applicable buffer requirements
in this ordinance between different uses or zones.
G.
Rear yard location. Accessory buildings and above-grade accessory
structures shall be located as set forth below; provided, however,
that this requirement shall not apply to fences, freestanding walls
and retaining walls located in the rear yard; such improvements shall
be subject to the provisions in § 12.07 and § 12.08,
as applicable. None of the following shall be construed as an exemption
from any applicable buffer requirements in this ordinance between
different uses or zones:
1.
Residential uses in residential zone districts. Buildings and
above-grade structures in the rear yard accessory to residential uses
in the residential zone districts shall be located as follows:
a.
Accessory structures up to 500 square feet coverage. Except
as otherwise provided in paragraph a. above, accessory buildings and
above-grade structures having a coverage of less than or equal to
500 square feet shall be located at least five feet from the side
and rear lot lines. Notwithstanding the foregoing, when such accessory
buildings or above-grade structures are located in that portion of
the rear yard which abuts a front or side yard on an adjacent property,
the building or structure shall be located at least 10 feet from such
front yard or side yard.
b.
Accessory structures greater than 500 square feet coverage.
Except as otherwise provided in paragraph a. above, accessory buildings
and above-grade structures having a coverage greater than 500 square
feet shall be located at least 10 feet from the side and rear lot
lines. Notwithstanding the foregoing, when such accessory buildings
or above-grade structures are located in that portion of the rear
yard which abuts a front or side yard on an adjacent property, the
building or structure shall be located from such front yard or side
yard a distance equal to or greater than the interior side yard setback
requirement applicable to principal buildings.
2.
Non-residential uses and zone districts. Buildings and above-grade
structures in the rear yard in non-residential zone districts, or
accessory to non-residential uses in the residential zone districts
shall be located as follows:
a.
Accessory buildings up to 500 square feet coverage. Except as
otherwise provided in paragraph a. above, accessory buildings and
above-grade structures having a coverage of less than or equal to
500 square feet shall be located at least five feet from the side
and rear lot lines. Notwithstanding the foregoing, when such accessory
buildings or above-grade structures are located in that portion of
the rear yard which abuts a front or side yard on an adjacent property,
the building or structure shall be located at least 10 feet from such
front yard or side yard.
b.
Accessory buildings greater than 500 square feet coverage. Except
as otherwise provided in paragraph a. above, accessory buildings and
above-grade structures having a coverage greater than 500 square feet
shall be set back from the side and rear lot lines a distance equal
to or greater than 10 feet, or 1/2 the yard requirement applicable
to principal buildings, whichever is greater.
H.
Coverage by accessory buildings and above-grade structures. Except
as may be otherwise provided in this ordinance, the total coverage
by all accessory buildings and above-grade structures in the rear
yard shall not exceed 25% of the area of the rear yard. The foregoing
coverage restriction shall not be construed as permitting the total
coverage by buildings and above-grade structures or the total coverage
by improvements on the lot to exceed the maximum coverage permitted
in the particular zone district or for the particular use, as applicable,
or as excluding such coverage in the rear yard from the calculation
of total coverage by buildings and above-grade structures on the lot,
or as excluding such coverage from the calculation of total coverage
by improvements on the lot.
I.
Maximum height. The height of accessory buildings and structures
shall comply with the following:
1.
Residential zone districts. No accessory building or structure
in the residential zone districts, except antennas and flag poles,
shall exceed the height of the principal building or structure, or
a height of 15 feet, whichever shall result in a lesser height.
2.
Non-residential zone districts. No accessory building or structure
in the non-residential zone districts, except antennas and flag poles,
shall exceed the height of the principal building or structure, or
a height of 25 feet, whichever shall result in a lesser height.
J.
Use for dwelling prohibited. No accessory building or structure shall
be used as a dwelling unit.
[Amended 11-21-2006 by Ord. No. 1878; 9-29-2009 by Ord. No. 1948; 10-12-2010 by Ord. No. 1965; 10-12-2010 by Ord. No. 1966; 4-28-2020 by G.O. No. 2163; 9-8-2020 by G.O. No. 2186; 5-9-2023 by G.O. No. 2023-19; 8-15-2023 by G.O. No. 2023-27; 11-8-2023 by G.O. No. 2023-31]
In addition to the general requirements for all accessory buildings,
structures, or uses set forth in § 13.01, the following
requirements shall be met for the following specific residential accessory
buildings, structures or uses:
A.
Private garages. Detached private garages accessory to a principal
building shall be located only in the rear yard.
C.
Decks. Decks are accessory structures and are subject to the provisions
of this article. In addition to the general requirements for all accessory
buildings, structures or uses listed in § 13.01, the following
specific requirements shall apply to decks in all residential zones
and accessory to any residential use in a nonresidential zone:
1.
Yard location. Decks shall be permitted only in the rear yard.
2.
Setback requirements. Decks shall be set back from the side
lot lines a distance equal to or greater than the distance required
for principal buildings and shall be set back at least 25 feet to
any rear lot line.
3.
Coverage by decks. Lot coverage by decks shall be regulated
as set forth in § 12.04F and G.
4.
Lighting. Artificial lighting shall be permitted; provided that
any lighting shall be placed so as to eliminate the transmission of
glare to adjoining properties or to adjoining streets and provided
further that such lighting shall be located higher than six feet above
the elevation of the deck floor.
5.
Subfloor areas. The space between the floor of the deck and
the ground shall be screened with appropriate plantings or shrubbery
or shall be covered with a skirt of lattice or other material so that
open space between the deck and the ground, if any, is not visible.
Skirts or lattices shall have at least one inch and no more than three
inches of ground clearance and shall provide a method of human access
under the deck or raised patio.
D.
Private swimming pools. Private swimming pools shall comply with
the following:
1.
Use. Private swimming pools shall be designed and intended only
for the private use of the occupants of the premises and their guests
as a swimming pool.
2.
Where permitted. Private swimming pools are permitted only in
the residential zone districts.
3.
Location. Swimming pools shall be permitted only in the rear
yard. The swimming pool shall not be closer than 15 feet from any
side or rear property line.
On corner lots, the swimming pool shall be set back from the
side street line a distance at least equal to the street side yard
setback requirement for a principal building or to the established
front yard setback of the lot adjacent to the rear lot line of the
lot on which the swimming pool is located, whichever is greater.
4.
Lighting. Artificial lighting shall be permitted below the surface
of the water and at a height not to exceed six feet above grade level
and any lighting above grade level shall be placed so as to eliminate
the transmission of glare to adjoining properties or to adjoining
streets.
5.
Other provisions of law. All other provisions of State law and
local ordinance with respect to swimming pools shall be complied with.
6.
Exclusions. Hot tubs, landscape pools and fish pools are not
swimming pools and are not required to meet the specific requirements
of this subsection, but are considered to be accessory uses and must
meet all other applicable requirements of this article.
E.
Hot tubs. Hot tubs are required to meet all the general requirements
for accessory uses as set forth in this section, provided the following
additional requirements shall be complied with:
1.
Hot tubs shall be permitted only in the rear yard.
2.
In the event a hot tub is located within or adjacent to a deck,
the hot tub shall be required to comply with the requirements for
decks.
3.
In the event a hot tub is constructed as a freestanding structure,
the hot tub shall be subject to the same setback requirements applicable
to swimming pools.
4.
Hot tubs installed outside a building shall have a hard permanent
lockable cover which must be kept closed and locked when not in use.
F.
Game courts. Game courts involving a ball in play, such as but not
limited to private tennis courts, racquetball courts, paddleball courts,
platform tennis courts, handball courts, basketball courts and similar
recreational facilities shall be subject to the following:
1.
Location. The recreational facilities included in this subsection
shall be permitted only in the rear yard.
2.
Coverage by recreational facilities. Except as may be otherwise
provided in this ordinance, and notwithstanding the provisions of
§ 13.01H, the total coverage by accessory buildings and
above-grade structures in the rear yard shall be permitted to exceed
25% of the area of the rear yard, up to a maximum of 40% of the rear
yard; provided, however, that such excess above 25% is limited to
coverage by a permitted recreational facility. The foregoing coverage
restriction shall not be construed as permitting the total coverage
by buildings and above-grade structures or the total coverage by improvements
on the lot to exceed the maximum coverage permitted in the particular
zone district or for the particular use, as applicable, or as excluding
such coverage in the rear yard from the calculation of total coverage
by buildings and above-grade structures on the lot, or as excluding
such coverage from the calculation of total coverage by improvements
on the lot.
3.
Setback. The recreational facility shall not be closer than
15 feet from any side or rear property line. On corner lots, the recreational
facility shall be set back from the side street line a distance equal
to or greater than the street side yard setback requirement for a
principal building, or to the established front yard setback of the
lot adjacent to the rear lot line of the lot on which the recreational
facility is located, whichever is greater.
4.
Enclosures. The height of the recreational facility enclosure,
if there be one, shall not exceed 15 feet. In the event the enclosure
is greater than six feet high, the enclosure shall comply with the
setbacks applicable to recreational facilities in Paragraph 3. above.
Enclosures shall be of open chain link construction, shall not include
slats or coverings, and shall include a top rail.
5.
Lighting. No artificial lighting is permitted.
G.
Antennas. Antennas are permitted and regulated as set forth in § 13.04.
H.
Portable on-demand storage structures.
1.
A portable on-demand structure may be utilized as a temporary
structure within all residential zones when in compliance with the
standards of this subsection. Any use of such structures within the
Town of Westfield not in compliance with this subsection shall be
unlawful (sometimes referred to in this section as a "temporary structure").
2.
Prior to the initial delivery of a portable on-demand storage
structure, the applicant or the supplier shall register the placement
of the portable on-demand storage structure with the Zoning Official.
a.
The registration shall be obtained from the Zoning Official
by:
(1)
Completing the application;
(2)
Presenting an active Building Department building
permit for that property if the portable on-demand storage structure
is to be used for the storage of building materials;
(3)
Payment of a nonrefundable registration fee of
$150; and
(4)
The Zoning Official's written approval of the application.
b.
The application shall contain the name of the applicant to whom
the temporary storage unit is supplied, whether the person owns, rents,
occupies, or controls the property, the address at which the portable
on-demand storage structure will be placed, the delivery date, removal
date, active building permit number, if applicable, and a sketch depicting
the location and the placement of the portable on-demand storage structure.
Such temporary storage unit may be placed on a driveway or other suitable
paved area.
c.
The effective date of the registration shall be the date of
the Zoning Official's approval.
d.
Each residential property is limited to a maximum of two registrations
per 12 months measured from the date of the initial approval by the
Zoning Official.
3.
Length of time structures may be on property; extensions; placement
on property.
a.
A portable on-demand storage structure may be located as a temporary
structure on property within the applicable zones for a period not
exceeding 30 days in duration from time of delivery to time of removal.
One thirty-day extension may be granted upon written request by the
applicant prior to the expiration of the initial thirty-day period
as well as the payment of an additional nonrefundable fee of $100.
b.
No more than one portable on-demand storage structure may be
located on a specific piece of property at one time; such structure
shall be individually limited to the duration time period established
herein.
c.
Such temporary structure may not be located on a specific property
more than two times in any twelve-month period as defined in Subsection
H2(d) above.
d.
Such temporary structure shall be located no closer than 10
feet to the property line unless placed on an existing impervious
driveway.
e.
Such structure may not exceed eight feet six inches in height,
10 feet in width, and 20 feet in length.
f.
It shall be the obligation of the owner or user of such temporary
structure to secure it in a manner that does not endanger the safety
of persons or property in the vicinity of the structure. In the event
of high winds or other weather conditions in which such structure
may become a physical danger to persons or property, the appropriate
law enforcement officers may require the immediate removal of such
temporary structure.
g.
In the event of fire, hurricane or natural disaster causing
substantial damage to a residence, the property owner may apply to
the Town for permission to extend the time that a portable on-demand
storage structure may be located as a temporary structure on the property.
Application for such extended duration shall be made in writing and
filed with the Construction Official and shall give sufficient information
to determine whether such extended duration should be granted. The
Zoning Official shall determine whether to grant such extended duration
and the length of such extension. In the event of an adverse decision
by the Zoning Official, the applicant may appeal such decision to
the Board of Adjustment.
h.
Any portable on-demand storage structure which is not removed
at the end of the time for which it may lawfully remain in place,
or immediately upon the direction of a law enforcement officer for
removal of such temporary structure for safety reasons, such portable
on-demand structure may be removed by the Town of Westfield immediately,
without notice. The cost of such removal, together with the cost of
administration of its removal, may be assessed against the property
on which the temporary structure was located and may be filed as a
lien against such property by the Town of Westfield. Such lien shall
be superior in priority to all other liens or encumbrances upon the
property, including the lien of a mortgage, and shall be equal in
priority to the lien of ad valorem taxes.
i.
No portable on-demand storage structure shall be used to store
solid waste, construction debris, demolition debris, recyclable materials,
business inventory, commercial goods, goods for property other than
at the residential property where the portable on-demand storage structure
is located (i.e., used for retail sales) or any other illegal or hazardous
material. Upon reasonable notice to the applicant, the Town of Westfield
may inspect the contents of any portable on-demand storage structure
at any reasonable time to ensure that it is not being used to store
said materials. At no time shall such portable on-demand storage structure
be used for any of these purposes.
4.
Enforcement and penalties. The provisions of this Ordinance shall be enforced in accordance with Article 21 of the Land Use Ordinance of the Town of Westfield. The Zoning Official shall be responsible for the enforcing of the provisions of this Ordinance. Any person or entity found to be in violation of any section of this Ordinance shall be subjected to a fine of $250 per violation per day.
I.
Other miscellaneous residential accessory uses and structures. The
following regulations shall apply as specified:
1.
Wading pools, sandboxes, seasonal temporary tents, dog houses,
kennel enclosures, patios, permanent barbecue facilities and other
structures or uses customarily associated with residential uses shall
all be set back from any property line at least five feet and shall
not be located in the front, street side or side yards; provided,
however, that patios may be located in any side yard.
2.
Vegetable gardens shall be located only in the rear yard.
3.
Tree houses 1) shall not be higher than 15 feet from the ground
to the top of the tree house, 2) shall not be less than 10 feet from
any property line, and 3) shall not be located in the front, street
side or side yards.
4.
Bocci courts shall not be located in the front, street side
or side yards and shall be at least five feet from any property line.
5.
Playground equipment 1) shall not be located in the front, street
side or side yard, 2) shall be no higher than 15 feet above the ground,
and 3) shall be at least five feet from any property line.
6.
Air conditioners and heat pumps, or portions thereof, which
are not mounted in the window or walls of a building or structure
but are placed upon the ground or on a ground-based platform outside
of a structure or building may be located in any yard; provided, however,
that such structures shall be at least five feet from any property
line and shall be screened from view from adjacent property at ground
line or from public view from any street at ground level with sufficient
plantings and/or fencing.
7.
Flagpoles shall not be higher than 45 feet and shall be set
back at least 10 feet from any property line and the principal structure
on the lot.
8.
Basketball backboards located within or adjacent to a driveway
shall not be more than 15 feet high and shall be set back at least
five feet from the rear and side property lines and at least 20 feet
from the front property line.
9.
Mailboxes, artwork, gate posts, portable barbecues, and planters
shall be exempt from the provisions of this article and any other
provision of this ordinance.
10.
Skateboard ramps. Any structure or ramp designed for use with
skate boards, whether on a temporary or permanent foundation, is prohibited
in all residential zone districts.
11.
Other uses and structures. The Zoning Officer shall determine
the applicability of this ordinance to accessory uses and structures
for residential use which are not specifically regulated herein.
12.
Handicap ramps. Handicap ramps shall be permitted as an accessory
structure in all residential zone districts and located in either
the front yard, rear yard or side yard provided the requirements of
this section are satisfied.
a.
All handicap ramps shall comply with 1/2 of the required setback
of the zone district in which the handicap ramp is located in accordance
with the applicable provisions of the Land Use Ordinance.
b.
Prior to construction of any handicap ramp, the owner of the
property or his or her designee shall obtain a handicap ramp permit
from the Zoning Official. The applicant for a permit shall contain
a written submission setting forth: (i) the proposed location of the
handicap ramp on the property and a drawing or sketch of the proposed
design; (ii) that the owner or other permanent resident (i.e., an
individual residing in the home for at least 12 months prior to the
application) requires the use of a ramp as a result of disability.
In addition, the application shall contain a written statement setting
forth the medical or related reasons why a handicap ramp is needed
on the property, and a statement from a physician or other recognized
health care professional verifying the medical need for the handicap
ramp. The applicant for the handicap ramp shall also acknowledge in
writing that the handicap ramp shall be removed from the property
within 60 days of cessation of the medical need that provided the
basis of the issuance of the permit to erect the handicap ramp. Upon
the applicant satisfying the medical requirements of this subsection
and the additional requirements of this section, the Zoning Official
is authorized to issue a handicap ramp permit.
c.
Any handicap ramp permit approved pursuant to the provisions
of this section shall be renewed on or before February 1 of each year
succeeding the year of application. The Zoning Official is authorized
to obtain such additional or confirmatory information as he or she
deems necessary to support the extension of the handicap ramp permit.
d.
Any handicap ramps approved pursuant to the provisions of this
section shall be deemed a temporary and not permanent structure.
e.
Handicap ramps shall be excluded from the calculation of maximum
coverage of buildings and above-ground structures otherwise applicable
to accessory structures.
f.
Notwithstanding any provision to the contrary, any handicap
ramp erected pursuant to this section shall be removed 60 days following
the cessation of the medical need that provided the basis for the
issuance of the handicap permit by the Zoning Official. The Zoning
Official may cause any handicap ramp that is not removed by the owner
within such sixty-day period to be removed by the Town of Westfield
immediately, without notice, and the cost of such removal together
with the cost of administration of its removal, may be assessed against
the property on which the handicap ramp was located and may be filed
as a lien against such property by the Town of Westfield. Such a lien
shall be superior in priority to all other liens or encumbrances upon
the property, including the lien of a mortgage, and shall be equal
in priority to the lien of ad valorem taxes.
g.
Handicap ramps must have skirting covering the lower open portion
of the ramp, if applicable, and shall be kept in good repair. The
application for a handicap ramp permit shall include a proposed landscape
design to serve as a buffer to screen the handicap ramp from adjacent
properties. The Zoning Official shall have the authority to require
changes to the landscape buffer design before issuance of a permit.
h.
A fee of $50 shall be paid upon the filing of an initial handicap
permit request. Any renewal request for the permit shall be accompanied
by a payment of $25.
13.
Power generators shall not be located within any front or street
side yard and shall be at least five feet from any property line.
Furthermore, power generators shall be screened from view from adjacent
property at ground line or from public view from any street at ground
level with sufficient plantings and/or fencing. Power generators may
not be tested between the hours of 8:00 p.m. and 8:00 a.m. Sunday
through Friday, and between the hours of 8:00 p.m. on Friday and 9:00
a.m. on Saturday and between the hours of 8:00 p.m. on Saturday and
9:00 a.m. on Sunday.
J.
Residential
roof decks. Notwithstanding any provisions in this article to the
contrary, residential roof decks are permitted within the CBD and
GB-1 zone districts subject to the following requirements:
1.
Access
to residential roof decks shall be limited to residential tenants
and owners, and their visitors.
2.
Residential
roof decks shall be designed in an attractive manner that will not
detract from adjacent uses, and will prevent nuisance and safety issues.
Design of the rooftop must utilize all reasonable efforts to minimize
the effect of noise and light on adjacent properties and the street.
3.
Roof
decks shall be used solely as seating areas.
4.
No
cooking equipment or heat producing shall be permitted on roof decks.
5.
All
light fixtures shall be designed, installed, and maintained to prevent
excessive illumination and glare, and to provide proper orientation
and shielding of fixtures to prevent undue illumination of adjacent
properties.
6.
The
use of lights spaced evenly along a cable or wire, commonly known
as “string lights,” shall be permitted. Lights must be
turned off when the rooftop use is not in operation.
7.
No
lighting shall be placed more than eight feet above the deck of the
flat roof.
8.
There
shall be at no time permitted any television or video or electronic
screens or displays and no live entertainment, music, speakers, or
public address system shall be permitted on the rooftop. The rooftop
must be maintained as a quiet, relaxed environment.
9.
Roof
decks may be utilized between the hours of 7:00 a.m. and 10:00 p.m.
A.
General prohibitions. Except for patios used as places for eating
and drinking, air conditioner units, power generators, flag poles,
fences, freestanding walls, retaining walls, sheds, mobile storage
structures and antennas, which are permitted under certain conditions
as set forth in this article and other articles, the accessory uses
and structures specifically set forth in § 13.02 are prohibited
in all non-residential zones, except when such use and structures
are accessory to a permitted residential use in the P-1, P-2 and GB-3
zone districts.
[Amended 11-6-2018 by Ord. No. 2113; 12-13-2022 by G.O. No. 2022-21]
B.
Mobile storage structures. Mobile storage structures as defined in
Article 2 are permitted as accessory uses in the GB-2 and C zone district.
The following regulations shall apply:
[Amended 9-29-2009 by Ord. No. 1948]
1.
Mobile storage structures may be located only on property which
abuts the right of way of the railroad.
2.
Mobile storage structures shall be located only on lots with
a principal building or structure and only in the rear yard.
3.
Mobile storage structures shall not be placed or stacked more
than two units in height, and shall not exceed a maximum height of
16 feet above the ground.
4.
Mobile storage structures shall be screened by fencing or planting
of appropriate height and density to screen them from view from a
public street at ground level.
C.
Skateboard ramps. Any structure or ramp designed for use with skate
boards, whether on a temporary or permanent foundation, is prohibited
in all non-residential zone districts.
D.
Pump canopies for gasoline filling stations and gasoline service
stations. A canopy for the provision of shelter over the gasoline
pumps shall be permitted as an accessory structure to a gasoline filling
station or gasoline service station, subject to the following requirements:
1.
The area covered by the canopy shall not exceed 500 square feet
per fuel dispenser to be covered.
2.
The top of the canopy shall not exceed 18 feet in height above
the grade beneath the canopy.
3.
The canopy shall be located no closer to any front property
line than 35 feet.
4.
The canopy shall be located no closer to any side or rear property
line than 15 feet.
5.
There shall be no signs permitted on the canopy or canopy supports.
6.
The only lighting permitted for the canopy shall be ceiling
fixtures oriented downward toward the pumps. The canopy facade shall
not be illuminated in any manner. The maintained horizontal illumination
level from the canopy ceiling fixtures shall not exceed 0.5 footcandle
at any property line.
E.
Structures on ground-level patios used as places for eating and drinking.
Service areas, bars, preparation stations, pergolas, tents, umbrellas,
and/or awnings shall be permitted on ground-level patios utilized
as places for eating and drinking. The following regulations shall
apply:
[Added 11-6-2018 by Ord.
No. 2116]
1.
Such structures may be located within any side yard or rear
yard.
2.
Such structures of up to or equal to 500 square feet coverage
shall be located at least five feet from the side and rear lot lines.
Notwithstanding the foregoing, when such accessory structures are
located in that portion of a yard which abuts a front or side yard
on an adjacent property, the structure shall be located at least 10
feet from such front yard or side yard.
3.
Such structures greater than 500 square feet coverage shall
be set back from side and rear lot lines a distance of 10 feet, or
one-half the yard requirement applicable to principal buildings, whichever
is greater.
4.
No structure shall exceed the height of the principal building
or structure, or a height of 15 feet, whichever shall result in a
lesser height.
Radio and television antennas, including satellite dish antennas, accessory to a permitted principal structure on the same premises may be installed, erected and maintained within all districts, but only in accordance with the provisions of this section; provided, however, exempt antennas as defined in Article 2 shall be exempt from the provisions of this article and any other provision of the Land Use Ordinance. Cellular telecommunications antennas are regulated as a conditional use in Article 18, and shall also be exempt from the provisions of this section.
A.
Review and approval procedure. All antennas shall be subject to the
review and approval of the Zoning Officer. Applications shall be subject
to the following procedure:
1.
Each application shall be accompanied by a report prepared by
the installer of the antenna explaining why the proposed location
was selected over other locations and the reasons, with supporting
data, for any requested deviation from the requirements of this section
as to location or screening.
2.
When deemed necessary by the Zoning Officer, the Town may consult,
at the applicant's expense, with an expert in the field of antenna
installations for guidance in evaluating an applicant's report when
a deviation from the requirements of this section is requested. The
applicant shall post a fee calculated by the Zoning Officer, but not
to exceed $500, to cover such expense, in the form of cash or a certified
check, and against which such review expenses shall be charged. All
sums not actually so expended shall be returned to the applicant at
the time the permit is either issued or denied.
3.
The Zoning Officer may permit deviations from the requirements
of this section when it is demonstrated by the applicant that such
deviations are necessary to enable proper antenna reception.
B.
General regulations. The following general regulations shall apply
to antennas in residential or non-residential districts:
1.
The antenna array shall be located entirely within the rear
yard. Guy wires shall be anchored within the rear yard, and may be
attached to a building.
2.
Ground-mounted antennas shall be any antenna with its base mounted
directly in the ground, even if such antenna is supported or attached
to the wall of a building. Fixed-guyed antenna tower shall be fascia-mounted
or guyed according to approved standards. Wire antennas that are not
self-supporting shall be supported by objects within the rear yard.
3.
The antenna, including guy wires, supporting structures and
accessory equipment, shall be located and designed so as to minimize
to the greatest extent possible the visual impact on surrounding properties
and from public streets. Antennas shall be screened from view through
the addition of anti-climb fencing and architectural features or evergreen
landscaping that harmonize with the elements and characteristics of
the property, provided, however, that no screening shall be required
which would inhibit adequate reception. Screening by fencing or plantings
may be waived if natural terrain and landscaping provide adequate
screening. The materials used in constructing the antenna shall not
be unnecessarily bright, shiny, garish or reflective, and all antennas
shall blend with the surrounding environment.
4.
Antennas shall meet all manufacturers' specifications. The mast
or tower shall be of non-combustible and non-corrosive hardware, such
as brackets, turn buckles, clips and similar type equipment subject
to rust or corrosion, and shall be protected with a zinc or cadmium
coating by either galvanizing or a similar process after forming.
These finishes are selected to guard against corrosion and to protect
the element against electrolytic action due to the use of adjoining
dissimilar metals.
5.
Power control and signal cables to or from the antenna shall
be by underground conduit.
6.
All antennas shall be located, designed, constructed, treated
and maintained in compliance with the requirements of the BOCA Basic
Building Code and the requirements set forth below. The requirements
below have been designed with the intent of advancing and achieving
health, safety and aesthetic interests and objectives and are further
intended to operate so as not to impose unreasonable limitations on,
or prevent, reception of satellite delivered signals or to impose
costs on the users which are excessive in light of the cost of purchase
and installation.
7.
No antenna or antenna structure located in the Town, regardless
of when it was erected, shall be used as a sign or as a supporting
structure for any sign or lettering.
C.
Antennas in residential districts. In addition to the provisions in Subsections A and B above, antennas in the residential districts shall be subject to the following regulations:
1.
No lot shall contain more than two antennas, not more than one
of which may be a satellite dish antenna.
2.
Antennas shall be located in the rear yard only and shall be
located from any property line a distance of at least 10 feet or the
height of the antenna, whichever is more restrictive.
3.
Roof-mounted antennas of any type shall not extend higher than
15 feet above the highest point of the roof, provided that satellite
dish antennas shall not be permitted on the roof unless necessary
for reception. In such instances, no roof-mounted satellite dish antenna
shall exceed eight feet in diameter nor extend higher than 10 feet
above the highest point of the roof. A roof-mounted satellite dish
antenna shall be of mesh construction. Such satellite dish antenna
shall be located, if reception is possible at such location, on roofs
when the satellite dish is shielded from view from the street or by
other portions of the roof or structure.
4.
The height of ground-mounted accessory antennas of any type
shall not exceed 45 feet, provided, however, that ground-mounted dish
antennas shall not exceed a diameter of 10 feet nor exceed a height
of 12 feet.
D.
Antennas in non-residential districts. In addition to the provisions in Subsections A and B above, antennas in the non-residential districts shall be subject to the following regulations:
1.
Antennas shall be located in the rear yard only and shall be
located from any property line a distance of at least 10 feet or the
height of the antenna, whichever is more restrictive.
2.
An antenna may be erected on the roof of a building, provided
that the building, including the antenna, falls within the height
limits established for the district, provided that satellite dish
antennas subject to this article shall not be permitted on the roof.
3.
The height of ground-mounted antennas shall not exceed 45 feet,
provided, however, that ground-mounted dish antennas shall not exceed
a diameter of 16 feet nor exceed a height of 18 feet.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount
is prohibited in all zone districts. Underground or basement storage
of up to 530 gallons of kerosene or No. 2 heating fuel used exclusively
for heating purposes on the premises is exempted from the above prohibition.
Furthermore, and notwithstanding the above prohibition, aboveground
and underground bulk storage of the following materials is permitted
at public garages, gasoline service stations, gasoline filling stations
and automobile sales operations, if the use of such materials is accessory
to the principal use on the site:
A.
Gasoline, diesel fuel and other approved fuels for motor vehicles,
stored in accordance with all applicable State and Federal regulations,
and intended to be dispensed from pumps to motor vehicles operated
by the general public;
B.
Up to 275 gallons of motor oil, transmission fluid or other similar
automotive fluids, all of which must be stored above ground in approved
storage tanks, provided, however, that outdoor storage of such materials
in fifty-five-gallon drums shall not be permitted and further provided
that only such fluids with a flash point at or above 200° F. shall
be permitted to be stored above ground in bulk; and,
C.
Up to 350 gallons of waste motor oil, waste transmission fluid or
other similar automotive waste fluids, all of which must be stored
above ground in approved storage tanks, provided, however, that outdoor
storage of such materials in fifty-five-gallon drums shall not be
permitted and further provided that only such waste fluids with a
flash point at or above 200° F. shall be permitted to be stored
above ground in bulk.
The aboveground storage of liquefied petroleum gas shall be
prohibited in all zone districts except the C zone district. In the
C zone district, the following regulations shall apply to such storage
and dispensing:
A.
Any such storage tank shall not exceed 1,100 gallons water capacity.
B.
Any such storage of liquefied petroleum gas shall only be used to
20 pound liquefied petroleum gas tanks.
C.
The plans for the installation of any such tank shall be approved
by the State Department of Labor and Industry prior to installation.
[Added 7-12-2016 by Ord.
No. 2063; amended 8-11-2020 by G.O. No. 2178; 11-8-2023 by G.O. No. 2023-32]
A.
Intent. The purpose of this section is to provide a regulatory framework
for the construction and operation of solar energy systems in the
Town of Westfield, subject to reasonable restrictions, which will
preserve the public health, safety, and welfare, while also minimizing
the visual impact of solar energy systems and maintaining the character
of the Town of Westfield. This section permits, as an accessory use,
solar energy systems in all zone districts in the Town of Westfield,
subject to the criteria set forth in this section.
B.
Definitions.
1.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS — A solar energy
system that is an integral part of a principal or accessory building,
rather than a separate mechanical device, replacing or substituting
for an architectural or structural component of the building. Building-integrated
systems shall include photovoltaic or hot water solar energy systems
that are contained within roofing materials, windows, and skylights.
2.
FLUSH-MOUNTED — A solar energy system or solar panel which
is installed no greater than six inches from the roof and is installed
at the same angle as the roof surface.
3.
CHARACTER-DEFINING ROOF FEATURES — Visual aspects and
physical elements of a roof that contribute to the overall appearance
of a building. Examples of character-defining roof features include
cornices, dormers, towers, finials, and cresting.
4.
GROUND-MOUNTED SOLAR ENERGY SYSTEM — Systems which are
not mounted on existing structures.
5.
PUBLIC VIEW — The view by the public of a building from
any point on a street or walkway which is used as a public thoroughfare,
either vehicular or pedestrian.
6.
ROOF-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system
consisting of solar collectors that are installed directly on the
roof of a home, commercial building, and/or an accessory structure,
such as a garage, pergola, and/or shed.
7.
SOLAR COLLECTOR — A device, structure or a part of a device
or structure for which the primary purpose is to transform solar radiant
energy into thermal, mechanical or electrical energy.
8.
SOLAR COLLECTOR SURFACE — Any part of a solar collector
that absorbs solar energy for use in the collector's energy transformation
process. Collector surface does not include frames, supports and mounting
hardware.
9.
SOLAR ENERGY — Radiant energy received from the sun at
wavelengths suitable for conversion into thermal or electrical energy.
10.
SOLAR ENERGY SYSTEM — Any solar collector or other solar
energy device, or any structural design feature, mounted on a building
or on the ground, and whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for space heating
or cooling, for water heating, or for electricity.
11.
SOLAR MOUNTING DEVICE — Racking, frames or other devices
that allow the mounting of a solar collector onto a roof surface or
the ground.
12.
STREET-FACING FACADE — Any building wall along a front
yard or street side yard.
13.
STREET-FACING ROOF PLANE — A roof plane or planes which
is/are located between the roof ridge and street facing facade or
facades of a building.
C.
Applicability. This section applies to solar energy systems to be
installed and constructed after the effective date of the ordinance.
Solar energy systems constructed prior to the effective date of this
ordinance shall not be required to meet the requirement of this section;
provided, however, that any upgrades, modifications, or changes that
alter the size or placement of existing solar energy systems shall
comply with the provisions of this section.
D.
Permitted accessory use. Solar energy systems shall be allowed as
an accessory use in all zone districts, subject to the requirements
set forth within this section.
E.
General regulations.
1.
Height.
a.
Roof-mounted solar energy systems shall not exceed the maximum
permitted height in the zone district for the structure or building
on which they are mounted.
(1)
For roof-mounted solar energy systems installed
on a sloped roof, the system must be flush mounted. In no instance
shall it extend above the ridge of a peaked roof.
(2)
For roof-mounted solar energy systems installed
on a flat roof, the highest point of the system shall be permitted
to extend up to six feet above the roof to which it is attached.
b.
Ground-mounted solar energy systems shall not exceed four feet
in height.
2.
Setbacks and location.
a.
Roof-mounted solar energy systems shall not extend horizontally
past existing rooflines. Exterior piping associated with the roof-mounted
solar energy system shall be allowed to extend beyond the perimeter
of the building on any facade of an accessory structure, and on all
but any street-facing facade or roof plane of a principal structure.
b.
Ground-mounted solar energy systems shall be located in the
rear yard only and shall meet the setback requirements set forth in
§ 13.01G.
c.
Wall-mounted solar energy systems shall meet the required setbacks
for the structure onto which they are mounted.
d.
Street-facing solar energy systems.
(1)
Solar energy systems may be located on street-facing
roof planes or street-facing facades if they comply with the following
in addition to the above requirements:
(a)
The solar panels must be flush mounted to the roof;
and
(b)
The solar energy system does not interfere with
character-defining roof features; and
(c)
The color of any solar collector or solar collector
device, trim and any visible mounting hardware must closely match
the color of adjacent roofing material; and
(d)
No wiring, cables, conduit, etc., may travel from
the front-facing roof to any front facade of the structure.
(2)
The requirements in Subsection E2d(1)(a) through
(d) above shall also apply to the side street of a corner lot; however,
these requirements shall not apply to solar energy systems mounted
on accessory structures located within rear yard areas, nor shall
they apply to building-integrated solar energy systems.
(3)
An applicant may appeal a denial of the Building
Department to allow solar panels on a street-facing roof or facade
to the Zoning Board of Adjustment.
(4)
No street-facing solar energy system may be located
on street-facing roof planes or street-facing facades on any principal
or accessory structure that has been designated, pursuant to the Historic
Designation and Preservation Ordinance of the Town of Westfield, LUL
Appendix III, as an historic landmark or is within an historic district.
3.
Coverage. Ground-mounted solar energy systems shall be subject
to the coverage requirements in § 13.01H.
4.
Visibility. It is the intent of this section to reduce the visual
impacts of solar collectors and solar mounting devices.
5.
Solar collectors mounted on flat roofs shall be mounted behind
a building parapet below the line of sight from the nearest edge of
the right-of-way(s) adjacent to front- and street-side yards.
7.
Prohibition of advertising. A solar energy system shall not
be used to display permanent or temporary advertising, including signage,
streamers, pennants, spinners, reflectors, banners, or similar materials.
F.
Additional submission requirements. In addition to the application
requirements in all applicable construction codes and the Town Land
Use Ordinance, all applications for solar energy systems shall be
accompanied by a property survey showing the proposed location or
locations of the solar energy system and distance from property lines.
In addition, photographs showing the property from the public view,
and the location of the proposed solar energy system, must be submitted
so as to determine compliance with the visibility and other provisions
of this ordinance.
G.
Right to require removal. The Town of Westfield expressly reserves
the right to require the removal of any solar energy system, or portion
thereof, which is improperly constructed or maintained or which poses
an imminent safety hazard.
