A. 
A Zoning Board of Adjustment is established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven members, all of whom shall be residents of the Township of Irvington, appointed by the Municipal Council to serve terms of four years from date of their appointment. Additionally, there shall be appointed two alternate members, designated as "Alternate 1" and "Alternate 2." Each alternate shall serve for a period of two years, and both shall be residents of Irvington. Alternate members may participate in discussions of the proceedings but may not vote except in the absence of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, "Alternate 1" shall vote. Nothing in this chapter shall, however, be construed to affect the term of any present members and any present alternate members of the Zoning Board of Adjustment, all of whom shall continue in office and complete the terms to which they were appointed.
[Amended 4-26-1988 by Ord. No. MC 2854; 10-11-1988 by Ord. No. MC 2868; 1-29-1991 by Ord. No. MC 2919; 12-23-1991 by Ord. No. MC 2934; 8-11-1992 by Ord. No. MC 2953]
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.
[Amended 3-8-1988 by Ord. No. MC 2849]
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also, with the Planning Board, select a Secretary who shall serve at the pleasure of the Boards and who shall be designated as "Secretary to the Planning Board and Board of Adjustment."
There is hereby created the office of Zoning Board of Adjustment Attorney. The Zoning Board of Adjustment may annually appoint and 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 the services of experts and other staff and services as it may deem necessary.
The Zoning Board of Adjustment shall have such powers as are set forth in N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto. It is 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, 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.
A. 
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.
B. 
In all cases, the Board shall follow the applicable provisions of N.J.S.A. 40:55D-1 et seq. 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.
A. 
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Building Inspector based on or made in the enforcement of the Zoning Ordinance[1] or Official Map. An appeal shall be taken within 20 days prescribed by law by filing a notice of appeal with the officer from whom the appeal is taken, together with three copies of said notice with the Secretary to the Planning Board and Board of Adjustment. 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.
[Amended 3-8-1988 by Ord. No. MC 2849[2]]
[1]
Editor's Note: See Ch. 650, Zoning.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to the Building Inspector shall be filed with the Secretary to the Planning Board and Board of Adjustment. Eight 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 the 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. The applicant shall obtain all necessary forms from the Secretary to the Planning Board and Board of Adjustment. The Secretary to the Planning Board and Board of Adjustment shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
[Amended 3-8-1988 by Ord. No. MC 2849]
C. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Zoning 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 cases, proceedings shall not be stayed other than by an order of the Superior Court.
In exercising the powers set forth herein, the Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify, the action, order, requirement, decision, interpretation 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.
Any variance from the terms of this chapter hereafter granted by the Zoning 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 notice of the judgment or determination of the Zoning 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 Zoning 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 Zoning 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 officer based on or made in the enforcement of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 650, Zoning.
(2) 
Hear and decide requests for interpretation of the Zoning Map or 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 by reason of other extraordinary and exceptional situation or condition of such piece of property, 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, to 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 provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use pursuant to § 365-7H.
(4) 
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.
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 municipal agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
The Zoning Board of Adjustment shall have the following additional powers:
A. 
To 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. 
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
C. 
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a variance pursuant to § 365-19A(4). All such applications shall be referred to the Planning Board for its report, but such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act. The Planning Board shall render its report not later than 45 days after the date said application is referred to it by the Zoning Board of Adjustment.
A. 
The Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
B. 
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.