[Ord. No. 88-28]
A. 
Pursuant to the provisions of section 56 of the "Municipal Land Use Law of 1975", P.L. 1975, c.291, the Zoning Board of Adjustment, also known as the Board of Adjustment, heretofore established, is hereby continued, and shall consist of seven members.
B. 
The members of the Board of Adjustment shall be appointed by the Governing Body. The terms of the members first appointed under this Ordinance 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. Thereafter, the term of each member shall be four years. No member may hold any elective office or position under the City. No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the Governing Body for cause. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only.
C. 
The Board of Adjustment shall elect a chairman and vice chairman from its members and select a secretary who may or may not be a member of the Board of Adjustment or a municipal employee.
D. 
The Mayor may appoint to the Board of Adjustment two alternate members who shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member, may after public hearing, if he requests one, be removed by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of the regular member of any class. 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 No. 1 shall vote.
[N.J.S.A. 40:55D-70]
The Board of Adjustment shall have the power to:
A. 
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;
B. 
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 to pass by any zoning or official map ordinance, in accordance with N.J.S.A. 40:55D-1 et seq.;
C. 
(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 pursuant to N.J.S.A. § 40:55D-62 et seq. 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; (2) where in an application or appeal relating to a specific piece of property the purposes of this act or the purposes of the "Educational Facilities Construction and Financing Act," P.L.2000, c. 72 (N.J.S.A. 18A:7G-1 et al.), 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 article 8 of the 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 section and provided that no variance from those departures enumerated in paragraph D of this section shall be granted under this paragraph C; 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 subsection a of N.J.S.A. § 40:55D-60; and
D. 
In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to article 8 of the Municipal Land Use Law to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) 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, (4) 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), (5) 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 either an isolated undersized lot or lots are resulting from a minor subdivision or (6) 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 paragraph D shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board, pursuant to N.J.S.A. § 40:55D-77 et seq.
If an application development requests one or more variances but not a variance for a purpose enumerated in paragraph D of this section, the decision on the requested variance or variances shall be rendered under paragraph C of this section.
No variance or other relief may be granted under the terms of this § 802, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or 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 Board of Adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, a licensed planning consultant, a licensed engineer and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. No. 18-2016]
A. 
Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of the Zoning Officer of the City based on or made in the enforcement of the Zoning Ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the Zoning Officer specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Zoning Officer.
C. 
If an application for development is filed with the Board of Adjustment, whether or not an appeal from a decision of the Zoning Officer is also taken, the applicant shall submit 10 copies of his completed application to the Secretary of the Board of Adjustment. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing by the Secretary of the Board of Adjustment within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.
D. 
A complete application for development under this Article shall consist of the following:
1. 
A properly completed Planning Board and Zoning Board of Adjustment application form and checklist(s).
2. 
The required fee.
3. 
If subdivision, and-or site plan and-or conditional use approval is also sought as part of an application for a variance pursuant to § 802D of this Ordinance, the applicant shall also include the information and documents required pursuant to the provisions of § 602 B. of this Ordinance.
E. 
The Secretary of the Board of Adjustment shall distribute the application for review and report, where required, approval as follows:
1. 
The Board of Adjustment.
2. 
The Planning Board.
3. 
The City Engineer.
4. 
The City Utilities Authority.
5. 
The City Planning Consultant.
6. 
The City Health Officer.
7. 
The City Police Department.
A. 
The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of the Zoning Officer or (2) the submission of a complete application for development to the Board of Adjustment pursuant to § 804B of this Ordinance.
B. 
Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
The 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 to that end have all the powers of the Zoning Officer from whom the appeal is taken.
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 Zoning Officer from whose action 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 other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
[N.J.S.A. 40:55D-76]
A. 
N.J.S.A. §§ 40:55D-72 to 40:55D-75 shall apply to the power of the Board of Adjustment 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 drainage way, flood control basin or public area reserved pursuant to N.J.S.A. § 40:55D-32; or
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 N.J.S.A. § 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. § 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval 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 Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d. of N.J.S.A. 40:55D-57 shall not be required.
C. 
Whenever an application for development requests relief pursuant to paragraph B. of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a completed application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or 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.
An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.