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
Lodi appointed by the Council of the Borough of Lodi 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 extent practicable 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 term of
any present members of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed.
B.
In addition to the number of members who comprise the Zoning Board
of Adjustment, the governing body does hereby further establish that
said Board shall consist of two alternate members, appointed by the
Borough Council of Lodi. Said alternate members shall be designated
by the Chairman of the Zoning Board of Adjustment 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 for two years.
[Added 3-20-1980 by Ord. No. 80-7]
C.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
D.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only by appointment of the Council.
E.
If the Board of Adjustment lacks a quorum because any of its regular
or alternate members is prohibited by Section 56 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-69) from acting on a matter due to the member's
personal or financial interest therein, Class IV members of the Planning
Board shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also elect a Secretary, who may or may
not be a Board member or another municipal employee.
A Board of Adjustment Attorney shall be appointed in the manner,
for the term and for such compensation as may be established by ordinance.
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 with the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such board, including, 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[1] in accordance with the general rules of construction applicable
to legislative enactments.
[1]
Editor's Note: The current Zoning Map is on file in the Borough
Clerk's office.
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. 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.
A.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 20 days prescribed by
the statute by filing a notice of appeal with the officer from whom
the appeal was taken, together with three 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]
B.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Administrative Officer of the Borough. Three
copies of the application shall be filed. At the time of filing the
appeal or application, but in no event less than 10 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 Administrative Officer. The administrative
officer shall inform the applicant of the steps to be taken to initiate
proceedings and of the regular meeting dates of the Board.
C.
An appeal stays 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
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 cases, proceedings shall
not be stayed otherwise than by 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 P.L. 1975, c. 291, or amendments
thereto[1] or subsequent statutes applying, reverse or affirm, wholly
or partly, or modify the order, requirement, decision or determination
appealed from and make such other requirement, decision or determination
as ought to be made and, to that end, have all the powers of the administrative
officer from whom the appeal was taken.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any 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 notice 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 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 585, Zoning.
(2)
Hear and decide requests for interpretation of the Map or the 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 physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, 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 developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship. Where in an application or appeal relating to a specific piece of property the purposes of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or the purposes of the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.) would be advanced by a deviation from the Zoning Ordinance requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-8 of the New Jersey Municipal Land Use Law. Provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection; and provided that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this section; 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 has power to review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1957, P.L. 1975, c. 291. (See N.J.S.A. 40:55D-60a.)[1]
(4)
In particular cases for special reasons, grant a variance to allow
departure from regulations pursuant to N.J.S.A. 40:55D-8 to permit:
a) a use or principal structure in a district restricted against such
use or principal structure; b) an expansion of a nonconforming use;
c) deviation from a specification or standard pursuant to Section
54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to
a conditional use; d) an increase in the permitted floor area ratio
as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4);
e) an increase in the permitted density as defined in Section 3.1
of P.L. 1975, c. 291 (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 undersized lot
or lots resulting from a minor subdivision; or f) a height of a principal
structure which exceeds by 10 feet or 10% the maximum height permitted
in the district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members,
in the case of a municipal board, or 2/3 of the full authorized membership,
in the case of a regional board, pursuant to Article 10 of the act.[2]
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 § 63-22 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.[1]
[1]
Editor's Note: A copy of the Official Map is on file
in the office of the Borough Clerk.
(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 Chapter 291 of the Laws of 1975 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 Article II, § 63-22A(4), of this chapter.
The Board of Adjustment shall render its decision not later
than 120 days after the date that an appeal is taken 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.
