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
Somers Point appointed by the Council to serve for terms of four years from
January 1 of the year of their appointment.
B.
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,
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 terms of any present members or alternate
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.
C.
The City Council may, in its discretion, appoint not
more than two alternate members to serve on the Zoning Board of Adjustment.
Alternate members shall be designated by the Chairman of the Zoning Board
as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during
the absence or disqualification of any regular member or members. The term
of each alternate member shall be two years.
[Added 9-28-1978 by Ord. No. 14-1978]
No member of the Zoning Board of Adjustment may hold any elective office
or position under the municipality.
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 or may not be a Board
member or another 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, who 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.
General powers.
(1)
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.
(2)
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 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.
(3)
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 so that equity shall be done in cases where
the strict construction of the provisions of this chapter would work undue
hardship. 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, 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 filed with the Board for its decision thereon.
B.
Powers granted by law.
(1)
The Board of Adjustment shall have such powers as are
granted by law to:
(a)
Hear and decide appeals, where it is alleged by the appellant
that there is an 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 provisions of the Development Regulations.[1]
(b)
(c)
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 provisions of Chapter 114, Development Regulations, 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 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 N.J.S.A. 40:550-60A.[3]
(d)
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.
(2)
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 provisions of Chapter 114, Development Regulations. 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.[4]
C.
Additional powers.
(1)
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection B of this section, have the power given by law to:
(a)
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.
(b)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(2)
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 P.L. 1975, c.291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection B(1)(d) of this section.
No member of the Zoning Board of Adjustment shall act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself from acting on
a particular matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating thereto.
A.
Meetings of the Zoning Board of Adjustment shall be scheduled
no less often than once a month, and any meeting so scheduled shall be held
as scheduled unless canceled for lack of applications for development to process.[1]
B.
Special meetings may be provided for at the call of the
Chairman or on the request of any two Board members, which meetings shall
be held on notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum
being present.
D.
All actions shall be taken by majority vote of a quorum
except as otherwise required by any provision of P.L. 1975, c.291.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by an attorney, the action taken by the Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the office
of the Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged a
fee for reproduction of the minutes for his use as provided for in the rules
of the Board.
Fees for applications or for the rendering of any service by the Zoning
Board of Adjustment or any member of its administrative staff, which are not
otherwise provided by ordinance, may be provided for and adopted as part of
the rules of the Board, and copies of said rules or of the separate fee schedule
shall be available to the public. Any existing fee for such services already
provided for by administrative rules or by resolution or ordinance shall remain
the same.
