[Amended 11-14-2011 by Ord. No. 21-2011; 1-3-2017 by Ord. No. 1-2017; 8-15-2017 by Ord. No. 31-2017; 7-5-2022 by Ord. No. 27-2022; 2-7-2023 by Ord. No. 4-2023; 8-2-2023 by Ord. No. 19-2023]
There is hereby established the City of Millville Zoning Board of Adjustment which shall consist of seven regular members with no more than four alternate members.
A. 
The Board of Commissioners shall appoint seven regular members to the Board of Adjustment who are citizens of the City and who do not hold any elective office or position with the City.
B. 
The terms of the members first appointed shall not exceed four years and shall be staggered in accordance with the provisions of N.J.S.A. 40:55D-69. Thereafter, the terms of each regular member shall be four years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
A. 
The Board of Commissioners shall appoint four alternate members to the Board of Adjustment who are citizens of the City and who do not hold any elective office or position with the City. Alternate members shall be designated at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
B. 
The terms of the alternate 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 two years after their appointment. The initial term of no alternate member shall exceed two years. Thereafter, the term of each alternate member shall be for two years. In a municipality where more than two alternates have been appointed, the terms of not more than two alternate members shall expire in any one year.
C. 
Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment established by ordinance of the governing body. 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 Board of Commissioners may remove for cause a member of the Board of Adjustment after a public hearing, if he or she requests it. Written notice of the hearing shall be given at least 20 days prior thereto by certified and regular mail sent to the member's last known address.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members, select a Secretary, who may or may not be a member of the Board of Adjustment or a City employee, and create and fill such other offices as established by ordinance.
The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the City Attorney. It may employ or contract for experts and other staff and services as it deems necessary. However, the Board of Adjustment shall not exceed the amount appropriated by the City Commission for its use, exclusive of gifts or grants.
The Board of Adjustment shall follow the provisions of the Municipal Land Use Law[1] and shall exercise the following powers in regard to:
A. 
Hear and decide appeals where it is alleged by the appellant that there is error in any decision, order, requirement or refusal made by an administrative officer in connection with 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 the Board of Adjustment is authorized to hear by any zoning or official map Ordinance.
C. 
Upon an application or an appeal for a variance relating to a specific piece of property, the Board of Adjustment may grant a variance from the strict application of the zoning or land use regulations:
(1) 
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or of the exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or 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 or land use regulation would result in peculiar and exceptional practical difficulties or exceptional or undue hardship for the developer of the property.
(2) 
Where the purposes of the Municipal Land Use Law[2] would be advanced by a deviation from the zoning or land use regulations and the benefits of the deviation would substantially outweigh any detriment resulting from the grant of a variance to allow departure from the regulations.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3) 
No variance from those departures enumerated in Subsection D of this section shall be granted under this subsection.
D. 
Upon an application or appeal for a variance relating to a specific piece of property, the Board of Adjustment may grant a variance from the strict application of the zoning or land use regulations.
(1) 
In particular cases and for special reasons, 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 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in this chapter; an increase in the permitted density as defined in this chapter 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.
(2) 
A variance under this subsection shall be granted only by an affirmative vote of at least five members of the Board of Adjustment.
(3) 
No variance or other relief may be granted under this subsection unless 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.
E. 
An application under this section may be referred to any appropriate person or agency for its report, provided that such referral shall not extend the period of time within which the Board of Adjustment shall act.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Board of Adjustment may affirm, reverse or modify the action, decision, order, requirement, interpretation or determination appealed from. To that end, it shall have all of the powers of the administrative officer from whom the appeal is taken.
A. 
The Board of Adjustment shall have the power to:
(1) 
Direct issuance of a permit 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 and 40:55D-34; or
(2) 
Direct issuance of a permit for a building or structure not related to a street pursuant to N.J.S.A. 40:55D-36.
B. 
Whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d, the Board of Adjustment shall have the power to grant subdivision or site plan approval or conditional use approval to the same extent and subject to the same restrictions as the Planning Board under Article VI of this chapter.
At least once a year, the Board of Adjustment shall review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on Zoning Ordinance provisions which were the subject of variance requests. The report shall include recommendations for Zoning Ordinance amendment or revision, if any are required. The Board of Adjustment shall send copies of the report and resolution to the governing body of the City and the Planning Board.