Borough of Leonia, NJ
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2023-07-24
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Part I: Administrative Legislation
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Chapter 37 Land Use Procedures
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Article II Board of Adjustment
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Administrator
- Ch 8 Assessment, Commissioners of
- Ch 11 Boards, Committees and Commissions
- Ch 15 Chief Financial Officer
- Ch 18 Claims Approval
- Ch 19 Contracts
- Ch 21 Court, Municipal
- Ch 24 Emergency Management Coordinator
- Ch 26 Ethics, Code of
- Ch 29 Fire Department
- Ch 33 Housing Authority
- Ch 37 Land Use Procedures
- Ch 37 Art II Board of Adjustment
- § 37-9 through § 37-13. (Reserved)
- § 37-14 Appeals and applications.
- § 37-15 Time for decision.
- § 37-16 Modification on appeal.
- § 37-17 Stay of proceedings; exception.
- § 37-18 Expiration of variance.
- Ch 42 Officers and Employees
- Ch 46 (Reserved)
- Ch 49 Police Department
- Ch 53 Public Works, Department of
- Ch 56 Retirement
- Ch 62 Tort Claims
- Ch 64 Volunteer Coaches
- Ch 66 Volunteer Services
- Part II: General Legislation
- Ch 72 Affordable Housing
- Ch 76 Alarm Systems
- Ch 80 Alcoholic Beverages
- Ch 84 Amusements and Coin-Operated Devices
- Ch 88 Animals
- Ch 95 Building Construction
- Ch 96 Business Insurance Registration
- Ch 100 Cannabis
- Ch 102 Cell Towers and Antennas
- Ch 109 Contractors, Registration of
- Ch 111 Contribution Disclosure Statements
- Ch 116 Energy Conservation
- Ch 118 Environmental Impact Statement
- Ch 123 Fees
- Ch 126 Filming Regulations
- Ch 129 Firearms
- Ch 132 Fire Insurance Claims
- Ch 136 Fire Prevention
- Ch 140 Flood Damage Prevention
- Ch 143 Food Establishments
- Ch 147 Garage Sales
- Ch 150 Gasoline Stations
- Ch 154 Hazardous Materials Cleanup
- Ch 161 Landscapers
- Ch 165 Laundromats and Dry-Cleaning Establishments
- Ch 169 Littering
- Ch 175 Multiple Dwellings
- Ch 178 Natural Areas
- Ch 181 Noise
- Ch 186 Outdoor Cafes
- Ch 190 Parking, Off-Street
- Ch 191 Rehabilitation of Abandoned Property
- Ch 194 Vehicles and Traffic
- Ch 197 Parks
- Ch 204 Peddling and Soliciting
- Ch 208 Political Fund-Raising
- Ch 212 Property Maintenance
- Ch 213 Invasive Plants
- Ch 220 Rent Control
- Ch 223 Residential Permit Parking
- Ch 226 Senior Citizen Housing
- Ch 228 Sewers
- Ch 230 Sidewalk Sale Days
- Ch 232 Signs
- Ch 236 Site Plan Review
- Ch 243 Solid Waste
- Ch 244 Storage Containers, Temporary
- Ch 245 Stormwater Control
- Ch 247 Streets and Sidewalks
- Ch 250 Subdivision of Land
- Ch 254 Swimming Pools
- Ch 258 (Reserved)
- Ch 261 Taxicabs
- Ch 262 Tools and Equipment
- Ch 267 Towing
- Ch 271 Trailers
- Ch 275 Trees
- Ch 278 Urination in Public
- Ch 281 Vehicle, Sale of
- Ch 290 Zoning
- Part III: Board of Health Legislation
- Ch 293 General Provisions, Board of Health
- Ch 297 Cats
- Ch 306 Food Handlers
- Ch 308 Lead Base Paint, Removal of
- Ch 311 Sanitary Standards
- Ch 316 Tobacco Products
- Appendix
- Ch A321 Cable Television Franchise
- Ch A322 Telephone Agreement
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
A.
Appeals to the Planning Board may be taken by any
interested party affected by any decision of an administrative officer
of the municipality based on or made in the enforcement of the Zoning
Ordinance or Official Map. Such appeals shall be taken within 65 days
of said decision by filing a notice of appeal with the officer from
whom the appeal is taken, specifying the grounds of such appeal. Said
officer shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
A developer may file an application for development
with the Planning Board for action under any of its powers without
prior application to an administrative officer.
The Planning Board shall render a decision not later than 120
days after the date an appeal is taken from the decision of an administrative
officer or of the submission of a complete application for development
to the Board.
The Planning Board 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 the
Board shall have all the powers of the administrative officer from
whom the appeal is taken.
An appeal to the Planning Board shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made, unless the officer from whose action the appeal
is taken certifies to the Board, after the notice of appeal is filed
with him, that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed except by order of the
Superior Court.
Any variance from the terms of this chapter
hereafter granted by the Planning Board permitting the erection or
alteration of any structure or structures or permitting a specified
use of any premises shall expire by limitation as hereinafter provided,
unless such construction or alteration shall have been 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 entry of the judgment or determination of the Planning Board;
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 Planning Board to the governing body or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
