General. It is the intent of this section to set forth the procedures for applications to the Planning Board and Zoning Board of Adjustment for variances and for the direction of the issuance of certain permits as permitted by this ordinance. In addition to the procedures set forth in the following subsections for each type of application, the procedures set forth for processing and review of site plan and subdivision applications in this ordinance shall apply, unless the context clearly indicates otherwise or unless contrary to law, including but not necessarily limited to the following:

Review of existing nonconforming conditions in connection with applications for variances or for the direction of the issuance of certain permits. In reviewing applications for variances or for the direction of the issuance of certain permits, the Board shall determine whether any existing nonconforming conditions involving the subject property will exacerbate, intensify, alter, affect or in some way result in a significant impact on the proposed use, structure or land. If the Board finds that no substantial impact or detriment will result, the Board shall so state in its findings of fact in the resolution for the application, without the need for such existing nonconforming conditions to meet the criteria established by N.J.S.A. 40:55D-34, 36, 51a, 51b, 70c and 70d and this ordinance for variances or exceptions. If the Board finds that substantial impacts or detriments will result, however, the application shall not be approved unless and until the applicant agrees to mitigate or eliminate such impacts or detriments to the maximum extent feasible. The above shall not be construed to alter the review procedures nor the criteria for granting variances or exceptions for violations proposed by the development or existing illegally on the subject property.

"C" Variance applications. Applications to the Zoning Board of Adjustment may be taken for relief from the zoning regulations, Articles 11 through 19 of this ordinance, provided that if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, the Planning Board shall also hear any such variance applications, except when "D" variances are involved as provided in § 7.01D below. A developer may file an application for development with the appropriate Board under this section without prior application to the Zoning Officer or Construction Official. The following provisions shall apply to "C" variance applications:

"D" Variance applications. In particular cases, applications to the Zoning Board of Adjustment may be taken for relief from the zoning regulations, Articles 11 through 19 of this ordinance, involving "D" variance requests. A developer may file an application for a "D" variance with the Zoning Board of Adjustment without prior application to the Zoning Officer or Construction Official. Whenever a proposed development involves a "D" variance, the Zoning Board of Adjustment shall also hear any subdivision, site plan, conditional use application and any other variance applications required for the development. The following provisions shall apply to "D" variance applications:

Application for issuance of permits for areas on Official Map. Applications to the Zoning Board of Adjustment may be taken for relief necessary to issue a permit for any building or structure in the bed of any street or public drainage way, flood control basin or public area reserved on the Official Map; provided that if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, the Planning Board shall also hear any application pursuant to this section. A developer may file an application for development with the appropriate Board under this section without prior application to the Construction Official. The following provisions shall apply to such applications:

Application for permits for lot not abutting a street. Applications to the Zoning Board of Adjustment may be taken for relief necessary to issue a permit for any building or structure on a lot which does not abut a street giving access to such building or structure; provided that if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, the Planning Board shall also hear any application pursuant to this section. A developer may file an application for development with the appropriate Board under this section without prior application to the Construction Official. The following provisions shall apply to such applications:

Expiration of variances. Any variance hereafter granted from the zoning regulations, Articles 11 through 19, shall expire by limitation unless the construction, alteration or use, as applicable, permitted by the variance shall have been actually commenced within 12 months of the date of the resolution of approval of the variance; provided, however, that the running of the period of limitation herein provided shall be tolled in the case of legal action as provided in § 8.16. Notwithstanding the above, any variance hereafter granted in connection with a subdivision or site plan application shall not expire as provided above, but shall expire in the same manner as the subdivision or site plan approval, as applicable, as set forth in Article 8.

Certificate of nonconforming use. The prospective purchaser, prospective mortgagee, existing owner or any other person interested in any land upon which a non-conforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existing before the adoption of the ordinance which rendered the use or structure non-conforming. Application for such certificate shall be made on the form provided by the Zoning Officer. The applicant has the burden of proof and shall provide all information requested in the application by the Zoning Officer to establish whether the applicant qualifies for a certificate hereunder.

Application pursuant hereto may be made: (i) to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure non-conforming, or (ii) at any time after the one-year period to the Board of Adjustment.

For applications to the Zoning Officer, the Zoning Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee of $10 for each certificate issued and $2 for continuation thereof if made within three years of the date of the issuance of the original certificate. The fees collected by the Zoning Officer shall be paid by him to the Town of Westfield.

Applications to the Board of Adjustment shall be made in accordance with the procedure for such applications established under Section 7.02C.

Appeals from the Zoning Officers' determination shall be to the Board of Adjustment in accordance with the provisions of Section 7.02B.

A certificate shall be issued if the applicant establishes the existence of the non-conforming use or structure as provided herein within 45 days of a completed application.

General. It is the intent of this section to set forth the procedure for appeals, interpretations and requests concerning special questions to the Zoning Board of Adjustment as permitted by this ordinance. In addition to the procedures set forth in the following subsections for each type of application, the procedures set forth for processing and review of site plan and subdivision applications in this ordinance shall apply, unless the context clearly indicates otherwise or unless contrary to law, including the following:

Appeal alleging erroneous Zoning Officer decision. Appeals to the Zoning Board of Adjustment may be taken by any interested party when it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer of the Town based on or made in the enforcement of the zoning regulations, Articles 11 through 19 of this ordinance. The following provisions shall apply to such appeals:

Request for interpretation or other special questions. The Zoning Board of Adjustment shall hear and decide requests for interpretation of the zoning map or zoning regulations, Articles 11 through 19 of this ordinance, or for decisions upon other special questions upon which the Board is specifically authorized to pass by this ordinance. The following provisions shall apply to such requests: