Borough of Metuchen, NJ Zoning Board of Adjustment

[Amended 12-5-1994 by Ord. No. 94-29; 1-17-2024 by Ord. No. 2024-01]

There is hereby established, pursuant to N.J.S.A. 40:55-69, a Zoning Board of Adjustment consisting of seven regular members and four alternate members as hereinafter provided.

Regular members: Seven residents of the Borough who shall be nominated by the Mayor subject to confirmation, following advice and consent, by the Borough Council in the manner provided for other appointments under the Borough Act, as set forth at N.J.S.A. 40A:60-5(g) and N.J.S.A. 40A:60-6(d). Regular members shall serve for a term of four years.

Alternate members: Not more than four alternate members to be appointed by the Mayor. Such alternate members shall be designated by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote, then Alternate No. 2, etc. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall meet the qualifications pertaining to regular members of the Zoning Board of Adjustment. Alternate members shall serve for a term of two years, except that the terms of no more than two alternate members shall expire in any one year.

The Zoning Board of Adjustment shall have the following powers and duties:

To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by the Zoning Officer or any other Borough official in the administration or enforcement of any provision of this chapter. Such appeal shall be made pursuant Article 54 of this chapter.

To hear and decide requests for interpretations of the Zoning Map[1] or any provision or regulation of this chapter. In such cases, the Zoning Board of Adjustment shall refer to the Planning Board, for its review and comment, an informational copy of such request. Such referral to the Planning Board shall not extend the one-hundred-twenty-day time for action by the Zoning Board of Adjustment. Failure of the Zoning Board of Adjustment to make such informational copy available to the Planning Board shall not invalidate any such request, hearing or proceeding.

[1]

Editor's Note: The Zoning Map is included in the pocket at the end of this Code or on file in the Borough offices.

Pursuant to N.J.S.A. 40:55D-70c, 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 uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation contained in Part III of this chapter 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, so as to relieve such difficulties or hardship; or, where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations; provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use pursuant to Article 17 of this chapter; and further provided that the proposed development does not require an approval by the Planning Board in conjunction with which the Planning Board shall review the request for variance.

Pursuant to N.J.S.A. 40:55D-70d, in particular cases and for special reasons, grant a variance to allow departure from the requirements of Article 17 of this chapter, including but not limited to allowing a structure or use in a district restricted against such structure or use; an expansion of a nonconforming use; deviation from a general or specific condition pertaining to a conditional use, as specified in §§ 110-86 and 110-87 of this chapter; an increase in the permitted floor area ratio, if specified in § 110-64; or, an increase in the permitted density, as specified in § 110-64, except as applied to the minimum lot area for a lot or lots for single- or two-family dwellings, which lot or lots are either isolated undersized lots or lots resulting from minor subdivision. No variance may be granted under the provisions of this subsection unless the Board first finds that such variance may be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. Any variance granted under the provisions of this subsection shall require the affirmative vote of at least five members of the Zoning Board of Adjustment.

To review and act on requests for the issuance of a permit 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-34.

To review and act on requests for the issuance of a permit for a building or structure not related to a street, pursuant to N.J.S.A. 40:55D-35.

Whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection D above, to review and act on development plans for subdivisions, site plans and conditional uses to the same extent and subject to the same restrictions as the Planning Board; provided, however, that the exercise of such power shall be limited to that lot or lots for which a variance is requested or upon which a proposed variant use, structure or condition is to be situated. Whenever the Zoning Board of Adjustment shall exercise such power, it shall follow the same procedures required of the Planning Board by the terms of this chapter unless otherwise specified. Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to Subsection D above, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a development plan and/or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approvals shall be granted unless such approvals can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter for the same approvals by the Planning Board.

Issue certificates certifying that a use or structure was lawfully existing prior to the adoption of the ordinance that rendered such use or structure nonconforming. In such cases, the applicant shall have the burden of proof.