[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.
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.
