[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E,
11-01-2023. Chapter history includes Ord. No. 6PSF-C,
2-4-2015 as amended by Ord. No. 6PSF-D, 3-6-19; Ord. No. 6PSF-B, 4-17-2019;
Ord. No. 6PSF-A, 01-08-2020. Amendments noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
There is hereby established, pursuant to the provisions of N.J.S.A.
40:55D-1 et seq., in the City of Newark, the Zoning Board of Adjustment
of seven members and four alternates who shall all be residents of
the City of Newark, shall be appointed by the Municipal Council and
who shall not hold any elective office or positions under the municipality.
The members and alternate members of the board shall receive a salary
of $166 per meeting for attending each of the 30 regular board meetings
and $250 for each of the 10 special meetings which may be scheduled
annually to address all applications which have not been placed on
the board's agenda within a two month time frame. Such salaries
shall be paid quarterly and in proportion to the number of meetings
attended during each quarter. It is mandatory that all applications
which have not been placed on the agenda of a special meeting be scheduled
as needed. It is mandatory that all applications which have not appeared
on the Board's agenda in the described period must be placed
on the agenda of a special meeting to be scheduled as needed.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
There may be four alternate members of the Zoning Board of Adjustment,
appointed by the Governing Body, who shall be designated by the Chairperson
as "Alternate No. 1", "Alternate No. 2", "Alternate No. 3" and "Alternate
No. 4". Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification 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 No.
1 shall vote.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All regular members appointed shall serve for terms of four
years in accordance with the provisions of N.J.S.A. 40:55D-69.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Alternate members shall be appointed for a term for two years.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A vacancy occurring otherwise than by expiration of term shall
be filled by the appointing authority for the unexpired term only.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A member, after public hearing if requested, may be removed
by the Municipal Council for cause.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
No member of the Zoning Board of Adjustment shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If the Zoning Board of Adjustment lacks a quorum because its
regular or alternate members are prohibited by N.J.S.A. 40:55D-69
from acting on a matter due to the member's personal or financial
interest, Class IV members of the Planning Board shall be called upon
to serve, for that matter only, as temporary members of the Zoning
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 numbers of members
necessary to constitute a quorum to act upon the matter without any
personal or financial interest. If a choice has to be made between
Class IV members of equal seniority, the Chairperson of the Central
Planning Board shall make the choice.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall elect a Chairperson and
a Vice Chairperson from its members and shall select a Secretary who
may or may not be a member of the Board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment may employ, or contract for,
and fix the compensation of legal counsel, other than the municipal
attorney, and experts, and other staff and services as it deems necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the Municipal Council for its use. The
Municipal Council shall make provision in its budget and appropriate
funds for the expenses of the Zoning Board of Adjustment.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall have the following powers
and duties:
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
To 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 the Zoning Ordinance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
To 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 in
accordance with the Municipal Land Use Law.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Where: (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property; (b) or 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
in the Zoning Ordinance would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the developer
of such property, the Board may 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;
or
2.
Where in an application or appeal relating to a specific piece of property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Board may grant a variance to allow departure from regulations in the Zoning Ordinance; provided, however, that no variance from those departures enumerated in Section 41:12-5-4 below of this section shall be granted under this Subsection; and provided further that the proposed development does not require approval by the Central Planning Board of a subdivision, site plan or conditional use in conjunction with which the Central Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60(a).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
In particular cases and for special reasons, the Board may grant
a variance to allow departure from the Zoning Ordinance 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 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 N.J.S.A. 40:55D4;
(e) an increase in the permitted density 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 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 of the Board.
2.
If an application for development requests one or more variances
but not a variance for a purpose enumerated in this subsection, the
decision on the requested variance or variances shall be rendered
pursuant to Section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70c).
No variance or other relief may be granted under the terms of this
section unless such variance or other relief can be granted without
substantial deteriment to the public good and will not substantially
impair the intent and the purpose of the Zone Plan and Zoning Ordinance.
In respect of any airport hazard areas delineated under the Air Safety
and Hazardous Zoning Act of 1983, C. 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 non-conforming use which would
be prohibited under the standards promulgated pursuant to that act
except upon issuance of a permit by the Commissioner of Transportation.
3.
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 drainage
way, flood control basin or public area reserved on the Official Map
pursuant to N.J.S.A. 40:55D-32.
4.
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.
5.
To grant to the same extent and subject to the same restrictions
as the Central 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 a variance pursuant to N.J.S.A. 40:55D-70(d). 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 Zoning 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 N.J.S.A.
40:55D-70(d) shall not be required.
6.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Central Planning
Board, for its report and recommendation, provided that reference
of any application under any subsection of this section shall not
extend the period of time within which the Zoning Board of Adjustment
shall act.
7.
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 Zoning 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.
8.
The Zoning Board of Adjustment is required to submit monthly attendance
reports of all regular and special meetings to the Municipal Council
(via the Office of the City Clerk) within 15 days subsequent to the
end of the month.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall, at least once per year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report of its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for Zoning Ordinance amendment or revision, if
any. The Zoning Board of Adjustment shall send copies of the report
and resolution to the City Council and the Central Planning Board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Whenever review or approval of an application by the County
Planning Board is required pursuant to N.J.S.A. 40:27-6.3 or N.J.S.A.
40:27-6.6, the Zoning 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 period.
Whenever County Planning Board review or approval is required, the
applicant shall be responsible for filing all necessary applications,
plans, reports and other documents directly with the County Planning
Board.
[Added 11-21-2023 by Ord. No. 6PSF-C, 11- 21-2023]
This section shall create a Supplemental Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-69.2. The Supplemental Zoning Board of Adjustment shall have all the powers and responsibilities conferred to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-69.2 and Section 41:12-1 et seq. If not specified in this section the Supplemental Zoning Board of Adjustment shall abide by all laws and regulations pursuant to N.J.S.A. 40:55D-69 et seq., and Section 41:12-1 et seq.
[Added 11-21-2023 by Ord. No. 6PSF-C, 11- 21-2023]
The Supplemental Zoning Board of Adjustment shall consist of
seven members and four alternates.
1.
Requirements.
a.
All members shall be residents of the City of Newark;
b.
Shall be appointed by the Municipal Council;
c.
Shall not hold any elective office or positions under the municipality;
and
d.
A person shall not be seated as a member unless the person agrees
to take the basic course in land use law offered under Subsection
a, of Section 2 of P.L. 2005, c. 133 (N.J.S.A. 40:55D-23.3) and successfully
completes the course within six months of assuming board membership.
2.
A member also may not act on any matter in which the member has any
direct or indirect personal or financial interest.
[Added 11-21-2023 by Ord.
No. 6PSF-C, 11-21-2023]
1.
The four alternate members shall be designated at the time of appointment
by the authority appointing them as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3," and "Alternate No. 4," as appropriate.
2.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member.
a.
Participation of alternate members shall not be deemed to increase
the size of the Supplemental Zoning Board of Adjustment established
by ordinance of the Governing Body pursuant to this section. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member.
b.
In the event that a choice shall be made as to which alternate
member is to vote, alternate members shall vote in the order of their
numerical designations.
[Added 11-21-2023 by Ord.
No. 6PSF-C, 11-21-2023]
1.
The Supplemental Zoning Board of Adjustment shall share jurisdiction
with the Zoning Board of Adjustment created pursuant to Section 56
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) over all new and pending
appeals and applications before the Zoning Board of Adjustment.
2.
The Supplemental Zoning Board of Adjustment shall have all the powers
and responsibilities conferred by law to the Zoning Board of Adjustment
created pursuant to Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69).
3.
The Supplemental Zoning Board of Adjustment shall receive any new
or pending appeals or applications referred by the Chairperson of
The Zoning Board of Adjustment.
[Added 11-21-2023 by Ord.
No. 6PSF-C, 11-21-2023]
The Supplemental Zoning Board of Adjustment shall elect a Chairperson
and Vice-Chairperson from its regular members and select a Secretary,
who may or may not be a member of the Supplemental Zoning Board of
Adjustment or a municipal employee.
[Added 11-21-2023 by Ord.
No. 6PSF-C, 11-21-2023]
The Supplemental Zoning Board of Adjustment shall be temporary
in nature and exist in addition to the Zoning Board of Adjustment
created pursuant to section 56 of P.L. 1975, c.291 (N.J.S.A. 40:55D-69).
No more than one Supplemental Zoning Board of Adjustment may exist
at any given time.
1.
The Supplemental Zoning Board of Adjustment shall cease to receive
new appeals and applications on the first day of the second year after
the appointment of its full regular membership;
2.
The Supplemental Zoning Board of Adjustment shall terminate upon
the completion of all pending appeals and applications thereafter;
and
3.
The terms of the members shall expire on the date of termination
of the Supplemental Zoning Board of Adjustment.
