A. 
There has been established a Zoning Board of Adjustment consisting of seven members and four alternate members appointed by the City Common Council pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq.
B. 
Regular members. The City of Summit Zoning Board of Adjustment regular members and alternate members shall be residents of the City of Summit, appointed by the Common Council.
C. 
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
The regular members of the Zoning Board of Adjustment shall 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 practicable extent 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. Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
A member may, after public hearing if he/she requests one, be removed by the City Common Council for cause. A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.
The Zoning Board of Adjustment shall annually elect a Chairperson and Vice Chairperson from its members and a Secretary, who may or may not be a member of the Board or a municipal employee.
Alternate members shall be appointed for a term of two years, and at the time of their appointments shall be designated Alternate No. 1, Alternate No. 2, Alternate No. 3 and Alternate No. 4, respectively. 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 members shall vote in the order of their numerical designations.
The Zoning Board of Adjustment may annually appoint an attorney at law of New Jersey, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the Common Council for its use.
A. 
Members of the Zoning Board of Adjustment shall not act on or participate in any way in any matter in which they have any personal or financial interest, either directly or indirectly (N.J.S.A. 40:55D-69).
B. 
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 is the minimum number 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 Planning Board shall make the choice.
A. 
The Zoning Board of Adjustment shall have the following powers and duties, as granted by law:
1. 
Appeals. Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the administrative officer, based on or made in the enforcement of the Development Regulations Ordinance.
2. 
Interpretations. 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 the MLUL.
3. 
Bulk and dimensional variances.
a. 
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 zoning regulation 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
b. 
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 such zoning requirements; 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 A4 of this section shall be granted under this subsection; 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 the power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
4. 
Use and other variances. In particular cases and for special reasons, the Board may grant a variance to allow departure from zoning regulations to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 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 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.
5. 
No variance or other relief may be granted under the terms of this subsection, 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.
B. 
Relief not enumerated in Subsection A4 above to be decided under Subsection A3. If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection A4 of this section, the decision on the requested variance or variances shall be rendered under Subsection A3 of this section.
C. 
Referral of application to other agencies. 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.
D. 
Additional powers. The Zoning Board of Adjustment shall have the following additional powers:
1. 
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 pursuant to N.J.S.A. 40:55D-32.
2. 
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.
3. 
To grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 35-3.9A4 of this chapter. 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 of a site plan or subdivision by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment to the public good and without substantial impairment to 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 this chapter for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
A. 
Zoning Board of Adjustment applications without prior application to administrative officer. A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the administrative officer.
B. 
Time and procedure for appeal. Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the administrative officer. 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 14 copies of said notice with the administrative officer. Said notice of appeal shall specify the grounds of 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.
C. 
Board powers on appeals. Upon appeal, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may 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.
D. 
Stay of proceedings by filing of appeal. 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 the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
E. 
Time of decision. The 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. Failure of the Board to render a decision within such 120-day period from the date the application is determined to be complete, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
F. 
Consecutive applications. Whenever an application for development requests relief pursuant to § 35-3.9A4 of this chapter, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Zoning Board of Adjustment 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 120-day 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 this chapter. Failure of the Zoning 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 Zoning Board of Adjustment to act shall be issued on receipt of a written request of the applicant. 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.
The applicant and any successor in interest shall be responsible for installing and maintaining all required improvements. All conditions of approval reflected in the memorializing resolution of approval must be maintained in perpetuity.
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.
The Zoning Board of Adjustment shall, at least once a year, review its decisions on appeals and applications 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(s) or revision(s), if any. The Zoning Board of Adjustment shall send copies of the report and resolution to the Common Council and the Planning Board.