Westfield City Zoning Code

Pursuant to the authority conferred Article 16 of the Town Law of the State of New York, and for each and every one of the purposes specified therein, the Town Board of the Town of Westfield, County of Chautauqua and State of New York, has ordained and does hereby enact the following ordinance, regulating and restricting by districts, the height, number of stories and size of buildings and other structures, the size of yards and other open spaces, the density of population and location and use of buildings, structures and land for trade, industry, residence or other purposes, and does ordain that this chapter shall take effect 10 days after publication and posting in accordance with § 264 of the Town Law.

This chapter shall be known and may be cited as the "Town of Westfield, New York, Zoning Ordinance."

There is hereby established a Comprehensive Zoning Plan for the unincorporated area of the Town of Westfield, which plan is set forth in the text and map that constitute this chapter. This plan is adopted in accordance with §§ 261 and 262 of the Town Law for the purposes set forth in § 263 thereof.

The Town of Westfield, outside any incorporated area therein, is hereby divided into the following Zoning Districts:

The aforesaid districts are bounded and defined as shown on a map entitled "Zoning Map of the Town of Westfield," which, with all explanatory matters thereon, is hereby incorporated into this chapter and shall be as much a part of this chapter as if fully set forth and described herein, which has been duly certified by the Town Clerk and is filed with such Town Clerk.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, as shown on the Zoning Map, the following rules shall apply:

Except for farms and farm structures, no building or other structure or land shall hereafter be used or occupied, and no building or structure, or parts thereof, shall be erected, relocated, extended, enlarged or altered, except in conformity with the regulations specified herein for the district in which it is located.

No lot or lot area shall be reduced or diminished so that the lot and its yards or other open spaces shall be smaller than prescribed by this chapter, nor shall density of population be increased in any manner except in conformity with the regulations contained in this chapter. If at the time of the adoption of this chapter or of any amendment thereof increasing area, dimensional or open space requirements, the area, dimensions or required open space of any lot are less than the minimum required under this chapter, such area, dimensions or open space shall not be further reduced.

No yard provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard required on any other lot.

In the event that application is made to erect, relocate, extend, enlarge or alter a building or otherwise use or occupy buildings or lands for a use not covered in this chapter in any district, the Code Enforcement Officer shall refer, within five days, such application to the Town Planning Board for an interpretation as to whether the proposed use is an equivalent use to a permitted use in such district. The Planning Board shall report its findings to the Town Board within 40 days of the date of such application and shall make a recommendation based on such findings. In no event shall a building permit or certificate of zoning compliance be issued for an equivalent use until the chapter has been amended to permit such equivalent use in the appropriate district.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.