Westfield City Zoning Code
ARTICLE IV
Residential-Lakeside R-L District Regulations
§ 185-19 Permitted principal uses and structures.
Permitted principal uses and structures in the Residential-Lakeside (R-L) District shall be as follows:
A.
Any use permitted and as regulated in an R-12 District, subject to all the terms and conditions of this chapter.
B.
Private boat house, dock or pier, provided that such facility shall not be used for commercial purposes or be available to the general public.
C.
The open storage of private boats, boat trailers, fishing equipment and other water recreation equipment, provided that no such equipment shall be used for commercial purposes or be available to the general public.
D.
Upon obtaining a special use permit from the Town Board, in accordance with the provisions of Article XI, the following uses:
(1)
Motel and accessory use.
(2)
Commercial recreation.
[Amended 7-25-2022 by L.L. No. 2-2022]
(3)
Mobile home park.
(4)
Oil well.
[Amended 7-1-1998 by L.L. No. 1-1998]
(5)
Major home occupations, in accordance with § 185-50B hereof.
[Amended 5-5-2010 by L.L. No. 2-2010]
(6)
Antique shop.
(7)
Art galleries and sales.
[Amended 7-1-1998 by L.L. No. 1-1998]
(8)
Bed-and-breakfast/inn.
[Added 6-2-2004 by L.L. No. 1-2004]
(9)
Hotel.
[Added 6-2-2004 by L.L. No. 1-2004]
(10)
Storage building with outside dimensions greater than 144 square feet in size or which cannot comply with the height or lot size limitations contained in § 185-19H for such buildings.
[Added 8-6-2014 by L.L. No. 1-2014]
(11)
Campground.
[Added 7-25-2022 by L.L. No. 2-2022]
E.
Private club catering exclusively to members and their guests, not operated for profit.
F.
Conservation project or wildlife reservation.
G.
Agriculture, floricultural and horticultural pursuits, including but not limited to general farms, greenhouses, plant nurseries, truck gardens, dairies, and the raising of bees, poultry and livestock, together with all customary buildings.
H.
Storage building with outside dimensions less than 144 square feet in size, provided the height thereof does not exceed the length of the longest side of the building or 30 feet, whichever is less, and the lot on which it is to be located is no smaller than that required by the zoning code for a principal structure.
[Added 8-6-2014 by L.L. No. 1-2014]
§ 185-20 Permitted accessory uses and structures.
Permitted accessory uses and structures in the Residential-Lakeside (R-L) District shall be as follows:
A.
Accessory use permitted and as regulated in the R-12 District.
B.
Signs as regulated in the R-12 District, except that two identification signs not exceeding 40 square feet in area shall be permitted. Such signs may be illuminated by a nonflashing indirect source of light. Fees as set forth from time to time by the Town Board shall apply.
[Amended 7-1-1998 by L.L. No. 1-1998]
C.
Cabanas, dressing rooms or other customary accessory uses.
§ 185-21 Minimum area requirements.
In the Residential-Lakeside (R-L) District, minimum area requirements shall be as follows:
A.
Lot sizes. Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 40,000 square feet, as measured from the street right-of-way, and a width at the established building line of not less than 120 feet, subject to compliance with waste and sewage disposal requirements as prescribed by the Chautauqua County Department of Health. When a tract of land is served by public water supply or by public sanitary sewer facilities, or by a community water system or sanitary sewer system operated as a public utility, a one-family dwelling may be erected on a lot having an area of not less than 15,000 square feet, as measured from the street right-of-way and a width at the established building line of not less than 80 feet. When a tract of land is served by both a community water system and a sanitary sewer system, a one-family dwelling may be erected on a lot having an area of not less than 10,000 square feet, as measured from the street right-of-way, and with a width at the established building line of not less than 75 feet.
[Amended 2-4-2009 by L.L. No. 1-2009]
B.
Front yard depth. Front yard depth (measured as the distance between the street right-of-way and the nearest part of the dwelling): 40 feet on Route 5, 20 feet on all other streets and highways.
[Amended 7-1-1998 by L.L. No. 1-1998]
C.
Side yards (two required): total 25% of lot width, eight-foot minimum side yard.
D.
Rear yard: 25% of lot depth, but need not exceed 30 feet. Where rear lot line abuts the shore of Lake Erie, the rear yard minimum area requirement shall be at least 25 feet, in accordance with § 185-43L(2) (lakeshore regulations).
[Amended 9-4-2002 by L.L. No. 5-2002]
§ 185-22 Maximum height of principal buildings.
The maximum height of principal buildings in the Residential-Lakeside (R-L) District shall be 21/2 stories, not to exceed 30 feet.
§ 185-23 Minimum size of principal buildings.
The minimum size of principal buildings in the Residential-Lakeside (R-L) District shall be 750 square feet.
§ 185-23.1 Lakeside-Cottage Overlay District.
[Added 10-2-2013 by L.L. No. 5-2013]
A.
Findings and purposes. Special regulation within the existing Residential-Lakeside District is necessary to protect and preserve those traditional "cottage park" areas that are converting from their traditional seasonal use to full-time residential use and are more densely populated than the rest of the district. The purpose of this section is to protect the bucolic and scenic character of these residential areas by enacting regulations that are more typically associated with a village setting rather than with the rural and agricultural setting that surrounds them within the Residential-Lakeside District.
B.
Lakeside-Cottage Overlay District defined. The areas to which these regulations apply are defined below and shown on the Lakeside-Cottage overlay map:
(1)
Hawthorne Beach: commencing on the shoreline of Lake Erie at the northwest corner of Lot 1, Block 1, Section 176.06, of the County Tax Maps for the Town of Westfield; thence northeasterly along the shoreline of Lake Erie and northerly bounds of Section 176.06 to the northeast corner of Lot 17, Block 1, Section 176.06; thence south along the eastern bounds of Section 176.06 to the southeast corner of Lot 42, Block 1, Section 176.06; thence crossing Woodlawn Drive to the northeasterly corner of Lot 17, Block 1, Section 176.00; thence westerly along the southerly bounds of Woodlawn Drive and continuing on the same course along the southerly bounds of Lot 15, Block 2, Section 176.06, to its southwest corner; thence north along the west bounds of Section 176.06 to the southeast corner of Lot 1, Block 1, Section 176.06; thence west along the southerly bounds of said Lot to its southwest corner; thence north along the west bounds of said Lot to the shoreline of Lake Erie and point of beginning.
(2)
Forest Park: Commencing on the shoreline of Lake Erie at the northwest corner of Lot 56, Block 1, Section 192.09 of the County Tax Maps for the Town of Westfield; thence northeasterly along the shoreline of Lake Erie to the northeast corner of Lot 5, Block 2, Lot 192.09; thence southerly along the east bounds of said Lot to the northeast corner of Lot 1, Block 1, Section 192.10; thence southerly along the eastern bounds of Lots 1, 45, 44, 43, 42, and 41 of Block 1 in Section 192.10, to the southeast corner of Lot 41, Block 1, Section 192.10 and continuing on the same course to the northerly bounds of New York State Highway No. 5; thence westerly along the north bounds of New York State Highway No. 5 to the southwest corner of Lot 56, Block 1, Section 192.09; thence northerly and westerly along the western bounds of Section 192.09 to the shoreline of Lake Erie and point of beginning.
(3)
Shorehaven: commencing on the shoreline of Lake Erie at the northwest corner of Lot 3, Block 2, Section 208.06, said point also being on the boundary line between the Town of Westfield and Town of Ripley; thence northeasterly along the shoreline of Lake Erie and northerly bounds of Section 208.06 to the northeast corner of Lot 1, Block 2, Section 208.00; thence southerly and southeasterly along the east bounds of said Lot 1, Block 2, Section 208.00, to the north bounds of New York State Highway No. 5; thence westerly along the north bounds of New York State Highway No. 5 to the southwest corner of Lot 63, Block 4, Section 208.10, said corner also being on the boundary line between the Town of Westfield and Town of Ripley; thence north along the said boundary line to the shoreline of Lake Erie and point of beginning.
C.
Lakeside-Cottage regulation effect on land uses. Within the Lakeside-Cottage Overlay District, all of the underlying land use district regulations shall remain in effect, except as they are specifically modified by this section. In case of conflict between this section and any other section of the Zoning Law, this section shall control.
D.
Lakeside-Cottage regulations.
(1)
Farm animals. The keeping of livestock, poultry and birds of any type shall be regulated in the following manner:
(a)
Commercial operations prohibited. Livestock, poultry or birds shall not be raised or kept for resale purposes and shall only be kept for recreational purposes or for home consumption by the owner thereof.
(b)
Livestock, poultry and birds which create a nuisance due to noise or odor or may be considered an imminent danger to human health, life or safety shall be prohibited.
(c)
Poultry and birds. The keeping of any poultry or bird or birds shall be regulated in the following manner:
[1]
No more than 10 birds, and none exceeding 30 pounds each, shall be permitted on a property, and no cocks or other crowing bird shall be permitted.
[2]
Poultry and birds shall be kept within a barn or coop provided with a fenced area or enclosure. Such structures shall be placed no closer than 50 feet to any adjoining property line or boundary line, nor any closer than 50 feet to any residential structure. Poultry and birds shall be prohibited upon any open area of the premises.
(d)
Livestock. Those animals generally considered to be farm animals or livestock such as horses, cattle, pigs, goats, sheep, etc., shall be fenced so as to be unable to come within 50 feet of any adjoining property line, boundary line or residential structure, and the maximum number of such animals allowed shall be one animal per acre of usable pasture. "Usable pasture" shall be defined as completely open space without buildings, storage areas or other obstruction used solely for the pasture and grazing of animals.
(e)
Barns and shelters. Suitable barns and shelters shall be provided on-premises for the overnight keeping of all livestock.
(f)
Preexisting animals, poultry and birds. The keeping of animals, poultry and birds or other creatures that do not comply with the provisions of this chapter shall be considered nonconforming uses. Preexisting nonconforming uses shall be allowed to continue for 90 days after enactment of this section. After 90 days, any nonconforming use shall become an unlawful use and shall be immediately terminated.