The Board of Adjustment shall annually elect a Chairman and
a Vice Chairman from its members. The Chairman shall preside at all
meetings and hearings and fulfill the customary functions of that
office. In the absence of the Chairman, the Vice Chairman shall act
as Chairman and shall have all the powers of the Chairman. The Vice
Chairman shall have such other powers and duties as may from time
to time be provided by the rules of the Board. The Chairman and the
Vice Chairman may administer oaths.
No member of the Board of Adjustment shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest.
The Board of Adjustment shall have the following jurisdictions
and authority:
A. Subject to the provisions of Part
5, Article
XXVIII, of this chapter, to grant or deny variances from the requirements of this chapter.
B. Subject to the provisions of §
163-178C of this chapter, to render interpretations of the provisions of this chapter.
C. Subject to the provisions of Part
5, Article
XXX, of this chapter, to hear and decide appeals from any action taken by an administrative officer pursuant to the terms of this chapter where it is alleged that there is error in any order, requirement, decision or refusal of such officer based on or made in the enforcement of this chapter and, to the end, the Board of Adjustment shall have all the powers of such administrative officer with respect to the subject matter of such appeal.
D. Subject to the provisions of §
163-170G and Arts. XIX through XXV of this chapter, and except as limited by §
163-153 to grant or deny approval of subdivision plats and site plans in connection with its review of an application for a use variance.
E. Subject to the provisions of §
163-170G and Part
5, Article
XXVI, of this chapter, and except as limited by §
163-153, to grant or deny conditional use approval in connection with its review of an application for a use variance.
F. Subject to the provisions of §
163-30 of this chapter, to appoint legal counsel and other staff.
G. Subject to the right of the applicant to receive a decision within
the time periods specified by this chapter, to make referrals in addition
to those expressly required by this chapter to persons or agencies
for their recommendations.
H. To aid and assist the City Council and the departments and agencies
of the City in implementing general plans and in planning, developing
and completing specific projects.
I. To review and report on any matter referred to it by the City Council
or the Planning Board.
J. To perform such other advisory duties as are assigned to it by ordinance
or resolution of the City Council for the aid and assistance of the
City Council or other agencies or officers.
K. Upon reasonable, written request, to make its special knowledge and
expertise available to any official, department, bureau, board, commission
or agency of the City, county, state or federal governments to aid
them in the performance of their respective duties relating to the
planning and development of the City and its region and to participate
in the preparation and review of programs or plans required by state
or federal law or regulation.
L. In furtherance of the above jurisdiction and authority, to make such
investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the City of
Atlantic City as seem desirable to it; provided, however, that the
expenditures of the Board shall not exceed the amounts appropriated
therefor.
[Amended 6-15-1988 by Ord. No. 1-1988]
Any interested person may appeal any final decision of the Board of Adjustment to the court of proper jurisdiction; to the Board of Public Utility Commissioners in the cases specified in and pursuant to the provisions of Part
5, Article
XXXII, of this chapter, and, to the extent and in the manner authorized by New Jersey law, to any court of competent jurisdiction.