[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:
(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.
For purposes of this chapter, the administrative
officer shall be the Building Inspector.
