[Amended 12-26-1995 by Ord. No. 46-95]
A. The City Council shall appoint the members to the
Zoning Board of Adjustment, which shall consist of seven regular members
and which may not have more than four alternate members. All members
shall be residents of the City; all terms shall begin on January 1
of the year of their appointment. The alternate members shall be designated
at the time of their appointment by the authority appointing them
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate
No. 4." Board of Adjustment members shall serve without compensation.
[Amended 10-27-1998 by Ord. No. 36-98; 1-11-2023 by Ord. No. 30-22]
B. The terms of the members first appointed under this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such term shall be distributed, in the case of regular
members, evenly over the first four years after their appointment
and, in the case of alternate members, evenly over the first two years
after their appointment, provided that the initial term of no alternate
member shall exceed two years.
C. Therefore, for the three regular members of the Board
of Adjustment whose terms expire December 31, 1995, appointments shall
be made for their positions as follows: one appointment for a term
of one year and two appointments for a term of three years. Further,
for the two alternate members of the Board of Adjustment whose terms
expire December 31, 1995, appointments shall be made for their positions
as follows: Alternate No. 1 shall be appointed for a term of one year
and Alternate No. 2 shall be appointed for a term of two years. For Alternate
No. 3, the initial term shall be two years, and for Alternate No.
4, the initial term shall be one year. For the four members of the
Board of Adjustment whose terms expire December 31, 1997, appointments
shall be made for the positions as follows: two appointments for a
term of two years and two appointments for a term of four years. Thereafter,
the term of each regular member shall be for a period of four years,
and the term of each alternate member shall be for a period of two
years. No member may hold any elective office or position under the
City. A vacancy occurring otherwise than by the expiration of the
term shall be filled for the unexpired term only.
[Amended 1-11-2023 by Ord. No. 30-22]
D. 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 designation.
[Amended 1-11-2023 by Ord. No. 30-22]
All members of the Zoning Board of Adjustment
shall be subject to removal for cause upon written charges after public
hearing by the City Council.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may or may not be a Board member or another municipal employee.
The Zoning Board of Adjustment may also employ or contract for and
fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
[Amended 10-27-1998 by Ord. No. 36-98]
There is hereby created the Office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Zoning Board of Adjustment Attorney, who shall
be an attorney other than the Municipal Attorney and licensed to practice
in New Jersey.
The Board may adopt and enforce rules and regulations
governing its internal operation and the conduct of its members, appellants,
attorneys and citizens, not inconsistent with 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.
In exercising the power conferred upon it, the
Board of Adjustment, in conformity with the Revised Statutes of New
Jersey and the amendments thereto, may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the power of the
Construction Code Official. The concurring vote of three members of
the Board of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of the Construction Code Official or to
decide in favor of the application any matter on which it is required
to pass under this section or to effect or recommend any exceptions
to or variations from the zoning ordinance.
Any exception or variance from this section
granted by the Board of Adjustment to the applicant permitting the
erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire by limitation unless
construction, alteration or conversion shall have 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 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 Board of Adjustment to
the Council, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding. Notwithstanding anything
to the contrary set forth in this section, whenever such exception
or variance shall be granted in conjunction with a final approval
of a site plan or major subdivision, the validity of such exception
or variance shall be extended for the initial two-year time period
and any subsequent one-year extensions that the applicant may obtain
under N.J.S.A. 40:55D-52.
The Zoning Board of Adjustment shall, in addition to the powers specified in §
69-20, have power given by law to:
A. 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. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street. 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 Article 6 of Chapter 291, P.L. 1975 whenever the Board is reviewing an application for approval of a use variance pursuant to §
69-20A(4).