Westfield City Zoning Code
ARTICLE 13
Accessory Uses, Buildings and Structures
§ 13.01 General requirements for accessory uses and structures.
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.
§ 13.02 Special provisions for certain residential accessory uses and structures.
[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.
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.
§ 13.03 Non-residential accessory uses and structures.
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.
§ 13.04 Antennas, earth stations, satellite dishes and similar equipment.
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.
§ 13.05 Bulk storage of flammable or hazardous chemicals.
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.
§ 13.06 Storage and dispensing of liquefied petroleum gas.
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.
§ 13.07 Solar energy systems.
[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; 7-15-2025 by G.O. No. 2025-16]
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:
(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.