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 Ho-Ho-Kus, each to be appointed by the Mayor with the approval of the Borough 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 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 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.
D. 
The Mayor may also appoint with the advice and consent of the Borough Council two alternate members of the Zoning Board of Adjustment which shall each be appointed for a term of two years from January 1 of the year of their appointment. The alternate members shall be designated by the Chairman of the Zoning Board of Adjustment as "Alternate No. I" and "Alternate No. II" and shall serve in rotation during the absence or disqualification of any regular member.
[Added 12-17-1985 by Ord. No. 591]
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 a 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 and it does not exceed the compensation set forth for the Zoning Board of Adjustment Attorney in the annual Salary Ordinance.[1] The Zoning Board of Adjustment Attorney shall be an attorney other than the Municipal Attorney.
[1]
Editor's Note: See Ch. 53, Salaries.
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 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, relax or dispense with 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. 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 or 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 interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of Chapter 85, Zoning, or the Official Map. Each appeal shall be taken within the twenty-day period prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal, in the manner set forth in Article II, § 32A-20B, of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975, as the same may be amended from time to time, and the rules and regulations of the Board.
[Amended 7-26-1988 by Ord. No. 626; 8-28-1990 by Ord. No. 661]
B. 
Required appeal and variance documents.
[Amended 8-28-1990 by Ord. No. 661]
(1) 
Applications to the Board of Adjustment shall be filed in accordance with the rules and regulations of the Board, the provisions of Article 9 of the Municipal Land Use Law of 1975 and the provisions of this section.
(2) 
When an appeal is taken from a decision of an administrative officer or any other relief referred to in N.J.S.A. 40:55D-70a is sought, the following documents shall be required:
(a) 
Twelve copies of the decision of the administrative officer on which the appeal is based.
(b) 
A check for the filing fee.
(c) 
Twelve copies of a fully completed application form.
(d) 
Proof that no taxes or assessments are due on the property.
(3) 
The applicant shall serve a copy of the application upon the administrative officer from whose decision the appeal was taken, who shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(4) 
When an interpretation of Chapter 85, Zoning, or the Zoning Map or any other relief referred to in N.J.S.A. 40:55D-70b is sought, the following documents shall be required:
(a) 
Twelve copies of any denial/decision of an administrative officer.
(b) 
A check for the filing fee.
(c) 
Twelve copies of a fully completed application form.
(d) 
Proof that no taxes or assessments are due on the property.
(5) 
When a variance from the provisions of Chapter 85, Zoning, or any other relief referred to in N.J.S.A. 40:55D-70c and d, 40:55D-34 or 40:55D-36 is sought, the following documents shall be required:
(a) 
Twelve copies of the denial/decision of the Chief Construction Official.
(b) 
A check for the filing fee.
(c) 
Twelve copies of a fully completed application form.
(d) 
Twelve copies of the building plans submitted to the administrative officer.
(e) 
Proof that no taxes or assessments are due on the property.
(f) 
Twelve copies of a plot plan showing the lot and block number of the property, dimensions of the lot, dimensions and locations of present structures, including all setbacks. The plan must be prepared by a licensed professional authorized by state law or regulation to prepare such a plan.
(g) 
Twelve copies of a map showing all properties within 200 feet of the property which is the subject of the application and approximate location of all structures thereon, together with the name of the owner(s). This map may be prepared by a licensed professional or by the applicant, in which event the applicant must furnish the Board with a certification that all information shown on the map is correct.
(h) 
A copy of the proposed notice to adjoining property owners, with all information complete except the hearing date.
(i) 
A copy of the proposed affidavit of service.
(6) 
All applications will be processed in accordance with the rules and regulations established by the Board.
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.
D. 
In granting subdivision or site plan approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board as contained in this chapter.
E. 
Public notice on any application for variances shall be given in accordance with N.J.S.A. 40:55D-12.
In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying thereto, reverse or affirm, wholly or in part, or modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the administrative officer from whom the appeal is taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 7-16-2013 by Ord. No. 1024]
A. 
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 one year from the date of publication 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 or conclusion in any manner of such appeal or proceeding; and also except, however, in the case of a use variance which also involves a subdivision or site plan approval, the variance shall extend for the full period of preliminary approval.
B. 
Upon a showing of good cause and if the reason(s) for the grant of a variance have not changed, the Zoning Board of Adjustment is authorized to, upon notice to all entitled property owners and the publication of a legal notice in the official newspaper of the Borough, grant an extension of time on the duration of the variance for a period to be determined by the Board of Adjustment but not to extend beyond an additional year. The Board of Adjustment shall not grant more than two such extensions of any variance approval.
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 Chapter 85, Zoning.
(2) 
Hear and decide requests for interpretation of the Zoning Map or Chapter 85, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter 85, Zoning, 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 Chapter 85, Zoning, 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 variance pursuant to Section 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) 
In particular cases and for special reasons, grant a variance to allow departure from any regulation adopted pursuant to Article 8 of the Municipal Land Use Law, so as to permit a use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67, pertaining solely to a conditional use; and an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated or undersized lot or lots resulting from a minor subdivision. A variance granted under this subsection shall be granted only by affirmative vote of at least five members of the Board.
[Amended 8-28-1990 by Ord. No. 661]
(5) 
Where an application or appeal relating to a specific piece of property seeks a variance from any regulation adopted pursuant to Article 8 of the Municipal Land Use Law, including without limitation a variance from the requirements of Chapter 85, Zoning, the purposes of the Municipal Land Use Law would be advanced by a deviation from the requirements of Chapter 85, Zoning, and the benefits of the deviation would substantially outweigh any detriment, grant such a variance; provided, however, that no variance from those departures enumerated in N.J.S.A. 40:55D-70d shall be granted under this subsection.
[Added 8-28-1990 by Ord. No. 661]
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 Chapter 85, Zoning. 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 § 32A-23 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-32.
(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 P.L. 1975, c. 291,[1] 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, § 32A-23A(4), of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 Secretary of the Board of Adjustment from the decision of an administrative officer, or not later than 120 days after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. 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.
B. 
The Board of Adjustment may refer any application 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 Board of Adjustment shall act.
C. 
Whenever review or approval of an application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision or by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.