Westfield City Zoning Code
ARTICLE XIV
Board of Appeals
§ 185-69 Board of Appeals created; members and alternates.
[Amended 9-4-2002 by L.L. No. 6-2002]
A Board of Appeals is hereby created which shall consist of five members appointed by the Town Board. The Town Board shall designate the Chairman, and the Board of Appeals shall appoint a secretary and shall prescribe rules for the conduct of its affairs.
A.
Alternate members. The Town Board may appoint two alternate members to the Zoning Board of Appeals, which the Town Board shall designate as the first alternate and second alternate.
B.
The first alternate member, so appointed, shall serve for a term expiring three years from the end of the official year in which he is appointed, and his successors shall serve for a term of three years from and after the expiration of the terms of their predecessors in office. The second alternate member, so appointed, shall serve for a term expiring two years from the end of the official year in which he is appointed, and his successors shall serve for a term of three years from and after the expiration of the terms of their predecessors in office. Should a vacancy occur for reason other than the natural expiration of a term, the Town Board may fill the vacancy for the unexpired term.
C.
All provisions of state law related to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law related to training, continuing education, compensation and attendance, shall also apply to alternate members. The Town Board shall have the power to remove any alternate member of the Board of Appeals for cause and after a public hearing.
D.
Voting.
(1)
The normal voting members of the Board of Appeals shall be the five regular members. If any regular member is unable to participate in a matter(s) or meeting(s) due to a conflict of interest, illness, or extended absence, the Chairman of the Board of Appeals may designate the first alternate member to participate in the deliberations and action of the Board of Appeals on such matter(s), and he shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter(s) under consideration. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
(2)
Whenever two or more regular members of the Board of Appeals, or one regular member plus the first alternate member thereof, are unable to participate in a matter(s) or meeting(s) due to a conflict of interest illness, or extended absence, the Chairman of the Board of Appeals may designate the second alternate member to participate in the deliberations and action of the Board of Appeals on such matter(s), and he shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter(s) under consideration. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
§ 185-70 Powers and duties.
The Board of Appeals shall have all the powers and duties prescribed by statute and by this chapter, which are more particularly specified as follows:
A.
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is any uncertainty with respect thereto.
B.
Variances.
[Amended 7-1-1998 by L.L. No. 1-1998]
(1)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(b)
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
That the requested use variance, if granted will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Area variances.
(a)
The Zoning Board of Appeals shall have the power upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
§ 185-71 Procedure.
A.
The Board of Appeals shall determine its own rules of procedure, consistent with the Town Law and this chapter, and all its deliberations, resolutions and orders shall be in accordance therewith.
B.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication of a notice of such hearing in the official newspaper of the Town at least five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereof to the parties affected by such appeal and shall decide the same within 62 days of such hearing.
[Amended 7-1-1998 by L.L. No. 1-1998]
C.
Meetings of the Board of Appeals shall be open to the public, and the Board shall keep complete minutes of its proceedings. Such minutes shall show the findings and reasons for the decisions of the Board, shall be immediately filed in the office of the Town Clerk and shall be a public record.