[Amended 6-17-1980 by Ord. No. 80-7]
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 Borough of Carteret appointed by the Mayor with the consent
of the Council 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 determined that, to the greatest practicable extent, the
expiration of such terms shall be distributed evenly over the first
four years after their appointment, 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 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.
In addition to the aforesaid members of said Board,
four alternate members shall be appointed by the Mayor with the consent
of the Council, each to serve for a term of two years pursuant to
N.J.S.A. 40:55D-69. The alternate members shall be designated as Alternate
No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4, with
the existing alternate members being designated at Alternate No. 1
and Alternate No. 2, respectively, in the order of their current appointments,
which are presently set to expire on December 31, 2008. Beginning
on January 1, 2009, Alternates No. 1 and No. 2 shall be appointed
for an initial term of two years, commencing on January 1, 2009, and
expiring on December 31, 2010. Alternates No. 3 and No. 4, as created
by this subsection, shall each be appointed for an initial term of
one year, commencing on January 1, 2009, and expiring on December
31, 2009. Thereafter, the term of each alternate member shall be two
years.
[Amended 12-18-2008 by Ord. No. 08-38]
C.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary,
who may be either a Board member or another municipal employee.
[Amended 5-18-1995 by Ord. No. 95-22]
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
shall annually appoint, fix the compensation of and agree upon the
rate of compensation of the Zoning Board of Adjustment Attorney for
other than regularly anticipated legal matters, who shall be an attorney
other than the Municipal Attorney.
The Zoning Board of Adjustment shall also employ
or contract with the Planning Board Consultant or other experts and
fix the compensation of the Planning Consultant and such other staff
and services as it may deem necessary. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for this use.
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.
A.
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and
supplements thereto, and 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, but not by the
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.
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances from the terms
of this chapter in accordance with the general or specific rules contained
herein and with the general rules hereby laid down that equity shall
be done in cases where the strict construction of the provisions of
this chapter would work undue hardships. The powers and duties of
the Board having been delegated to and imposed upon it by statute,
the Board shall in all cases follow the provisions applicable to it
in said P.L. 1975, c. 291,[1] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals and applications
may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Appeals to the 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
official. Each appeal shall be taken within the 20 days prescribed
by statute by filing a notice of appeal with the official from whom
the appeal was taken, together with three copies of said notice, with
the Secretary of the Board of Adjustment. Said notice of appeal shall
specify the grounds for said appeal. The official from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
[Amended 4-19-1990 by Ord. No. 90-16]
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment pursuant to the provisions of P.L. 1975,
c. 291,[1] § 160-27A of this article and other provisions of this chapter shall be filed with the Secretary of the Zoning Board of Adjustment. The Secretary shall inform the applicant of steps to be taken to initiate proceedings and the regular meeting dates of the Board as well as provide all necessary forms, applications and copies of Board rules and regulations.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Any appeal for a variance to allow a structure or
use in a district restricted against such structure or use shall have
three copies of all supporting documents and the application filed
with the Secretary. One copy shall be forwarded to the Planning Board
by the Secretary, together with a notice of the hearing date. The
Planning Board shall review the material and may make recommendations
to the Board of Adjustment at the public hearing on the application.
The Planning Board's recommendations may contain, among other things,
the Planning Board's opinion as to the compatibility of the proposal
to the Master Plan; applications which have been or are currently
being processed by the Planning Board for similar uses elsewhere in
the Borough; land use, traffic and other data relevant to the application
which the Planning Board has in its files; and what conditions, if
any, the Planning Board would recommend be imposed on the applicant
to improve compatibility with the Master Plan and Zoning Ordinance
should the Board of Adjustment grant the variance.
D.
An appeal stays all proceedings in furtherance of
the action in respect of which decision appealed from was made, unless
the official from whom 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 certificates, a stay would,
in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the official from
whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of P.L.
1975, c. 291, or amendments thereto or subsequent statutes applying,[1] reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination appealed from and make other
requirement, decision or determination as ought to be made and, to
that end, have all the powers of the administrative official from
whom the appeal was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-1998 by Ord. No. 98-4; 6-15-2000 by Ord. No. 00-25; 12-20-2001 by Ord. No.
01-50]
A.
Any variance from the terms of this chapter hereafter
granted by the Board of Adjustment or Planning Board permitting either
a specified use of any premises, a specified structure on any premises,
or any setback, buffer or other relief shall expire by limitation
unless such construction, alteration or improvement shall have actually
commenced on each and every structure and improvement permitted by
said variance, or unless such permitted use has actually been commenced
within one year of the date of adoption of the resolution of the Board
of Adjustment, or the Planning Board, as the case may be. However,
the Board may extend the time period of such approval for one period
of one year. In case of an application where subdivision or site plan
approval is also involved, the rights conferred to the applicant by
the approval of the subdivision or site plan application shall govern
the variance approval.
B.
In the event that, during the time period of approval
for an application for development, the applicant is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health or welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the health or welfare and applicant is otherwise ready,
willing and able to proceed with said development, the running of
the time period of approval under this chapter shall be suspended
for the period of time said legal action is pending or such directive
or order is in effect.
A.
The Board of Adjustment shall have such powers as
are granted by law 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 an administrative official or agency based on or
made in the enforcement of the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the
map or Zoning Ordinance or for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance to pass.
(3)
Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
topographic conditions or by reason of other extraordinary and exceptional
situations or conditions of such piece of property, 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 owner of such property, to grant, upon an application
or an appeal relating to such property, a variance from such strict
application so as to relieve such difficulties or hardship; provided,
however, that no variance shall be granted under this subsection to
allow a structure or use a district restricted against such structure
or use, and further provided 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 shall
review a request for a variance pursuant to Subsection 47a of the
Municipal Land Use Law of 1975, P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-60a.
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the full authorized membership of the Board.
(5)
No variance or other relief may be granted under the
provisions of this section unless such variance or other relief can
get granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
Zoning Ordinance. Any application under any subsection of this section
may be referred to any appropriate person or agency, including the
Planning Board, for its report, provided that such reference shall
not exceed the period of time within the Zoning Board of Adjustment
shall act.
B.
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection A above, have power given by law 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 and following the same procedures
prescribed in this chapter, subdivision or site plan approval pursuant
to Article 6 of P.L. 1975, c. 291,[2] or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing as application for approval of a use variance pursuant to Subsection A(4) of this section. Such action on the subdivision, site plan or conditional use application as part of a use variance request shall be limited to the lot concerning the use variance and adjoining lots, provided that the additional lots are an integral part of an overall plan associated with the use variance request. Any other remaining land proposed for development but not requiring a use variance shall be submitted to the Planning Board as the approving authority.
[Amended 4-19-1990 by Ord. No. 90-16]
[2]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date that an appeal is taken from
the decision of an administrative official or the date of the submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-70b.
B.
Failure of the Board 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.
