[Amended 12-21-2017 by Ord. No. 17-82]
The Zoning Board of Adjustment was created pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven members. The Zoning Board of
Adjustment may have not more than four alternate members.
[Amended 12-21-2017 by Ord. No. 17-82]
A.
Members shall be residents of the City of Trenton and shall be appointed
by the City Council. The term of each regular member shall be four
years, and the term of each alternate member shall be two years.
B.
Alternate members shall be designated at the time of their appointment
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate
No. 4."
C.
Alternate members may participate in the discussions of the proceedings
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 pursuant to section 56 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-69). 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 is to vote,
alternate members shall vote in the order of their numerical designations.
D.
No member of the Zoning Board of Adjustment shall hold an elective
office or position under the City of Trenton.
Is prohibited by N.J.S.A. 40:55D-69 or the Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq. from acting on a matter due
to the member's personal or financial interest therein, 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.[1] 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 number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chair of the
Planning Board shall make the choice.
[1]
Editor's Note: So in original.
[Amended 12-21-2017 by Ord. No. 17-82]
A.
Pursuant to N.J.S.A. 40A:9-21, if a member of the Board, without
being excused by a majority of the authorized members, fails to attend
and participate for four consecutive regular meetings, his/her office
shall be deemed vacant and the Board shall notify the appointing authority,
in writing, of such determination.
B.
Any vacancy on the Board occurring other than by expiration of term
shall be filled by appointment by the City Council for the unexpired
term of the member whose term shall become vacant.
A member may be removed by the City Council for cause, but only
after public hearing, if requested, and other requested procedural
due process protections.
The Zoning Board of Adjustment shall organize annually by selecting
from among its regular members a Chairperson and a Vice Chairperson.
The Board shall also select a Secretary who may or may not be a member
of the Board or a City employee.
The office of Zoning Board of Adjustment Attorney is hereby
created. The Board may annually appoint to such office and fix the
compensation or rate of compensation of an attorney at law of New
Jersey, other than the City Attorney.
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, however, shall not authorize
expenditures which exceed, exclusive of gifts, grants, or application
and escrow fees, the amount appropriated by the City Council for its
use.
The City Council, after giving due consideration to budget requests
that may be submitted by the Zoning Board of Adjustment, shall make
provisions in its budget and appropriate funds for the expenses of
the Zoning Board of Adjustment.
The Zoning Board of Adjustment shall have the power to:
A.
Appeals. Hear and decide appeals where it is alleged by the applicant
that there is an error in any order, requirement or decision or refusal
made by the Zoning Officer based on or made in the enforcement of
the zoning provisions of this chapter.
B.
Interpretations. Hear and decide requests for interpretation of the
Zoning Map or the zoning provisions of this chapter or for decisions
upon special questions upon which the Board is authorized to pass
by any zoning provisions of this chapter or by any duly adopted Official
Map.
C.
General bulk variances.
(1)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property; 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 regulation
of this chapter would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the developer
of such property, 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.
(2)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, 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 D below 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 power to review a request for a variance pursuant to § 315-20B.
D.
Use variance, variances from conditional use standards and major
specific bulk variances.
(1)
In particular cases and for special reasons, grant a variance to
allow departure from the zoning provisions of this chapter to permit:
(a)
A use or principal structure in a district restricted against
such use or principal structures.
(b)
An expansion of a nonconforming use.
(c)
A deviation from a particular specification or standard set
forth in this chapter as pertaining solely to a conditional use, N.J.S.A.
40:55D-67.
(d)
An increase in the permitted floor area ratio as defined in § 315-10 of this chapter and in N.J.S.A. 40:55D-4.
(e)
An increase in the permitted density as defined in § 315-10 and 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 undersize lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to Subsection C above.
(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.
(2)
A variance under this section shall be granted only by affirmative
vote of at least five members of the Board.
E.
General provisions.
(1)
No variance or other relief may be granted by the Board under the
terms of this section, including 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 purpose of the zone plan and the zoning provisions
of this chapter.
(2)
In respect to any airport safety zones delineated under the Air Safety
and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 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 nonconforming
use which would be prohibited under standards promulgated pursuant
to that act, except upon issuance of a permit by the Commissioner
of Transportation.
(3)
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.
F.
Other powers and duties. The Zoning Board of Adjustment shall have
such other powers prescribed by law, including, but not limited to,
the following:
(1)
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection D of this section. 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 a 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 the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this section for the approval in question, and the special vote pursuant to Subsection D of this section shall not be required.
(3)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
(4)
Temporary permits may be authorized by the Zoning Board of Adjustment
for a period not to exceed one year for nonconforming uses incidental
to housing and construction projects, and including such structures
and uses as storage of materials and machinery, the processing of
building materials, and a real estate office located on the tract
being offered for sale, provided that such permits are issued only
upon agreement by the owner to remove the structure or structures
upon expiration of the temporary permit. Such permits may be renewable
for a period not to exceed three years.
(5)
The Zoning Board of Adjustment shall, at least once a year, 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 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 Planning Board.
A.
Appeals from administrative decisions. Appeals to the Zoning Board
of Adjustment may be taken by any interested party affected by any
decision of an administrative officer of the City based on or made
in the enforcement of the zoning provisions of this chapter or a duly
adopted Official Map. Such appeal shall be taken within 20 days by
filing a notice of appeal with the official from whom the appeal is
taken, with three copies of the notice given to the Secretary of the
Zoning Board of Adjustment. The notice shall specify the grounds for
the appeal. The official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
B.
Plans required.
(1)
All applications or appeals before the Board requesting change in
lot area, signs, building coverage, building renovation, demolition
or use change shall be accompanied by plans, in duplicate, drawn to
scale, showing the shape and dimensions of the lot to be built upon,
the exact size and location on the lot of any existing buildings and
accessory buildings, and the lines within which the building shall
be altered or erected, the existing and intended use and dimensions
of rooms in floor plans for each story, the existing and intended
use of each building or part of a building, location of off-street
parking area and the number of families or dwelling units the building
is designed to accommodate.
(2)
Applications for signs shall include scaled drawings of the sign
and describe the materials of construction and the nature, location
and function of the sign.
C.
Decision of Board. The Zoning Board of Adjustment may reverse or
affirm, wholly or in part, or may modify the action, order, requirement,
decision, interpretation or determination appealed from and to that
end have all powers of the City official from whom the appeal is taken.
D.
Stay of proceedings. An appeal to the Zoning Board of Adjustment
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the City official
from whose action the appeal is taken certifies to the Zoning 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 other than by an order
of the Superior Court upon notice to the City officer from whom the
appeal is taken and due cause shown.
E.
Direct application to Board. 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 a City Construction
Official.
F.
Time for decision. The Zoning Board of Adjustment shall act upon
an appeal or any application for development within 120 days either
from the date the appeal is taken from the decision of the City official
or from the date the application is certified as a complete application,
as the case may be, or within such further time as may be consented
to by the applicant, except that when an applicant elects to submit
separate consecutive applications for use variance approval and site
plan, subdivision or conditional use approval, the one-hundred-twenty-day
time period for action shall apply to the application for approval
of the use variance, and the time 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 request of the applicant,
and 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.
