Zoning Board of Appeals

Department News

What's happening now

Responsibilities

What this board does

Meeting Schedule

Hearings held on as-needed basis. Notices published in the legal section of the Westfield Republican or Evening Observer at least five days prior to the actual hearing.

Responsibilities

The Zoning Board of Appeals (ZBA) consists of five members appointed for five-year terms.

The ZBA is responsible to hear and decide appeals and requests for variances from the requirements of the Village's Zoning Law (Chapter 155 of the Village of Westfield Code). The ZBA  hears and decides appeals when it is alleged that there is an error in any requirement, decision or determination made by the local enforcement officer in administration of this chapter. In considering the variance application the ZBA takes into consideration a number of relevant factors. Some of the more important criteria include: the danger that materials may be swept onto other lands to the injury of others, the danger to life and property due to flooding or erosion damage, the susceptibility of the proposed facility and its contents to flood damage, the importance of services provided by the proposed facility to the community, the availability of alternative locations for the proposed use not subject to flooding or erosion damage, the compatibility of the proposed use with existing and anticipated development, the relationship of the proposed use to the comprehensive plan and flood plain management program of that area, the safety of access to the property in times of flood or ordinary emergency vehicles, the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

Conditions for Variances

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of § 88-16D(1) through (12) have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

Variances also may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this chapter.

All meetings of the Zoning Board of Appeals are open to the public, and the Board keeps minutes of its proceedings, showing the vote of each member upon every question. Every of the Board is on file with the Village Clerk/Administrator.