[Amended 12-18-1979 by Ord. No. 2273-79]
A. 
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 and shall consist of seven residents of the Borough of Rutherford as regular members, plus two alternate members. All members, regular and alternate, shall be appointed by the Mayor with consent of the Council, regular members serving for terms of four years, and alternate members serving for terms of two years, from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that the expiration of such terms shall be distributed evenly over the next succeeding years, provided that the initial term of regular members shall not exceed four years and those of alternate members shall not exceed two years. Nothing in this chapter shall, however, be construed to affect the term of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms 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. 
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 of Adjustment member or municipal employee.
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, provided that it does not exceed the amount appropriated by the governing body for its use. The Zoning Board of Adjustment Attorney shall be an attorney other than the Municipal Attorney.
The Zoning Board of Adjustment may also 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 authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its 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 way of limitation the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provision 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 hardship.
D. 
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 c. 291, P.L. 1975, 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 or applications may properly be filled with the Board for its decision thereon.
A. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Building Inspector. Each appeal shall be taken within the 65 days prescribed by the statute[1] by filing a notice of appeal with the officer from whom the appeal was taken, together with 9 copies of said notice with the administrative officer. Said notice of appeal shall specify the grounds for said appeal. The officer 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.
[1]
Editor's Note: N.J.S.A. 40:55D-72, as amended, now prescribes a time limit of 20 days for filing an appeal with the Zoning Board of Adjustment.
B. 
Completed applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Board of Adjustment of the Borough of Rutherford. Nine copies of the completed application shall be filed. At the time of filing the appeal or completed application, but in no event less than 30 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Board of Adjustment. The Secretary of the Board of Adjustment shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
[Amended 3-7-1989 by Ord. No. 253-89]
C. 
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 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 certificate 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 officer 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 c. 291, P.L. 1975, or amendments thereto or subsequent statutes applying thereto, reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that and have all the powers of the administrative office from whom the appeal is taken.
Any variance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within 9 months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
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 applicant 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.[1]
[1]
Editor's Note: See Ch. 131, Zoning.
(2) 
Hear and decide requests for interpretation of the Zoning 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 situation or condition 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, 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 in a district restricted against such structure or use; 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 shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1975 (c. 291, L. 1975).[2]
[2]
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.
B. 
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be 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 extend the period of time within which the Zoning Board of Adjustment shall act.
A. 
The Zoning Board of Adjustment shall, in addition to the powers specified in § 51-22 of this Article, 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, pursuant to N.J.S.A. 40:55D-36.
(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.
B. 
The Board of Adjustment shall have the power to 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 c. 291, P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval for a use variance pursuant to Article II, § 51-22A(4), of this chapter.
A. 
The Board of Adjustment shall render its decision not later than 120 days after the date a notice of appeal has been filed with the administrative officer from the decision of an administrative officer, or the submission of a complete application for development as defined herein, 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.