City of Clifton, NJ Article II Zoning Board of Adjustment

§ 57-17 Establishment; membership.

A. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the City of Clifton appointed by the governing body to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.

B. No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

C. No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

D. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

§ 57-18 Alternate members.

[Added 8-15-1978 by Ord. No. 4463-78]

Pursuant to the provisions of Chapter 37 of the Laws of New Jersey 1978, approved June 19, 1978,[1] there are hereby created and established two positions as alternate members of the Zoning Board of Adjustment, to be appointed by the governing body, whose terms shall be for two years. Said alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members.

[1] Editor's Note: See N.J.S.A. 40:55D-69.

§ 57-19 Officers.

The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Zoning Board of Adjustment or a municipal employee.

§ 57-20 Experts and staff.

The Zoning Board of Adjustment may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not, however, authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 57-21 Adoption of rules and regulations.

The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

§ 57-22 Powers.

A. The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-70 et seq., and amendments and supplements thereto, and in accordance with the provisions of this chapter.

B. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.

C. In accordance with N.J.S.A. 40:55D-70, the Zoning Board of Adjustment shall have the power to:

(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the administrative officer based on or made in the enforcement of the Zoning Ordinance (Ordinance No. 4502-79 of the City of Clifton, adopted May 1, 1979, as amended and supplemented).[1]

[Amended 7-2-1985 by Ord. No. 4988-85]

[1] Editor's Note: See Ch. 461, Zoning.

(2) Hear and decide requests for interpretations of the Zoning Map or Zoning Ordinance or for decisions upon the special questions upon which such Board is authorized to pass by any zoning or official map ordinance in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

[Amended 7-2-1984 by Ord. No. 4902-84[2]]

[2] Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

(3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant upon an application or an appeal relating to such property a variance from such strict application of such regulation so as to relieve such difficulties or hardship; where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations in the Zoning Ordinance; provided, however, that no variance from those departures enumerated in Subsection C(4) shall be granted under this section, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60 of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

[Amended 7-2-1984 by Ord. No. 4902-84[3]]

[3] Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

(4) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), to permit a use or principal structure in a district restricted against such use or principal structure, an expansion of a nonconforming use, deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4 or an increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this section shall be granted only by affirmative vote of at least five members of the Board.

[Amended 7-2-1984 by Ord. No. 4902-84[4]]

[4] Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

(5) No variance or other relief may be granted under the terms of this subsection (Subsection C of § 57-22 of this chapter) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance.[5] An application under this subsection (Subsection C of § 57-22 of this chapter) may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

[Amended 7-2-1984 by Ord. No. 4902-84[6]]

[5] Editor's Note: See Ch. 461, Zoning.

[6] Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

D. The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection C of § 57-22 of this chapter, have power given by law (N.J.S.A. 40:55D-76) to:

(1) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

(2) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

(3) Grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of the Municipal Land Use Law (N.J.S.A. 40:55D-37 et seq.) or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d [Subsection C(4) of § 57-22 of this chapter].

(4) Applications under this § 57-22D of this chapter may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

[Amended 7-2-1984 by Ord. No. 4902-84[7]]

[7] Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

§ 57-23 Appeals; applications for development.

A. Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within 20 days of notice of the decision by filing a notice of appeal with the officer from whom the appeal is taken, together with three copies of said notice. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

[Amended 11-1-1988 by Ord. No. 5305-88]

B. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the administrative officer. Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to the administrative officer shall be filed with the administrative officer. Three copies of the application shall be so filed.

C. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the appellant or applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any other ordinance or rule of the Board of Adjustment. The appellant or applicant shall obtain all necessary forms from the administrative officer. The administrative officer shall inform the applicant or appellant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

D. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.

§ 57-24 Hearings.

[Amended 7-5-1977 by Ord. No. 4409-77]

A. Hearings before the Zoning Board of Adjustment shall be conducted pursuant to and in accordance with N.J.S.A. 40:55D-10.

B. Notice of applications and hearings before the Zoning Board of Adjustment will be given pursuant to and in accordance with N.J.S.A. 40:55D-11, 40:55D-12 and 40:55D-13, as may be applicable.

C. When any hearing before the Zoning Board of Adjustment shall carry over two or more meetings, a member of said Board who was absent for one or more of the meetings shall be eligible to vote on the matter or matters upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

§ 57-25 Power to reverse, affirm or modify decision.

Pursuant to the provisions of N.J.S.A. 40:55D-74, the Zoning Board of Adjustment may reverse or affirm, wholly or in part, or modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.

§ 57-26 Time limit for decision.

A. The Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of the administrative officer, or of submission of a complete application for development to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72b.

B. Failure of the Board of Adjustment to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 57-27 Conditional approval.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.