WESTFIELD – The City Council completed a process during a special meeting on July 13 to update definitions and ordinances pertaining to zoning, including switching the use of the word “family” as it relates to zoning, to the word “household.”

The changes had originated in the Zoning Board of Appeals (ZBA) and gone through approval by the Planning Board and several council meetings, and required a second vote in a special meeting in order not to run out the clock and have to start the process over again.

During the Planning Board approval of the change, City Planner Jay Vinskey said the ZBA looked at other college communities and how they defined “family” in the ordinances. He said the ZBA recommended changing the definition of a family to four persons living together as a household.

Initially, the City Council balked at changing the definition of family to four unrelated persons. During a public hearing in May, Vinskey said the ZBA had heard an appeal of an enforcement matter which hinged on that definition and learned that the Law and Building departments couldn’t enforce the zoning law as currently defined.

“The board decided they need to bring the definition up to speed to contemporary use and seeks to expand the definition of family from people who are related to include a group of four people not related operating as a single household unit on a non-transient basis,” Vinskey said, adding that the definition would be for zoning purposes only.

Vinskey said “family” would then consist of household occupancy as a group of four people. He said five to six people would be an equivalent of two-family for density and parking. He said they also looked at other college communities and found that Amherst and Northampton have the same type of language.

“I want a legal opinion from our Law Department. I have a real problem with the definition of a ‘family’ as constituting four people,” said At-large Councilor Cindy C. Harris at the hearing.  She also asked why not eliminate the word “family” for the purpose of the ordinance.

Westfield residents Sheila Tenero and Dan Tenero also called in during the hearing, saying they were in favor of the petition and are the couple that had appealed to the ZBA. She said the appeal was denied, but it did shine a light on what a family is. “Family is not biology only. How do you legislate the use of land and dwelling based on DNA and marriage? We support this, it encompasses people that choose their family,” she said.

After being sent to the Zoning, Planning and Development subcommittee, the word “family” was switched to “household” in the ordinance. A household is defined as persons living together in one dwelling unit consisting of either members of common occupancy, or related by blood, marriage or similar domestic partnership, legal adoption or guardianship. Domestic help, caregivers or up to three roomers may be considered common occupancy.

Also changed, a single-family dwelling would be changed to a building on a lot designed and occupied as a residence for one household; or two-family, a residence for two households living independently in separate units. A multi-family residence would be three or more households living independently in separate units on the same lot. 

According to committee Chair William Onyski, the changes had been vetted through the Law Department and code enforcement, and the Building Department had approved it.

At the special meeting on July 13, the ordinance change passed unanimously on the second reading with no discussion.  At-large Councilor Richard K. Sullivan Jr. thanked the Teneros for their involvement in the process.

Also voted were changes to ordinances involving non-conforming lots, allowing more flexibility in certain circumstances.