[Amended 5-1-1979 by Ord. No. 0-79-7; 6-9-1980 by Ord. No.
0-80-6]
A. A Zoning Board of Adjustment is hereby created consisting
of seven regular members and two alternate members, each of whom shall
be appointed by the governing body. The members of the heretofore-created
Zoning Board of Adjustment are hereby reappointed to serve their respective
terms. The terms of all new members appointed under this chapter shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointments and, in
the case of alternate members, evenly over the first two years after
their appointments; provided, however, that the initial term of no
regular member shall exceed four years, and that the initial term
of no alternate member shall exceed two years. Thereafter, 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" and "Alternate No. 2." 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 No. 1 shall
vote.
C. No member of the Zoning Board of Adjustment shall
hold an elective office or position under the municipality.
D. Any vacancy on said Board occurring other than by
expiration of term shall be filled by appointment by the governing
body of the municipality to serve for the unexpired term of the member
whose term shall become vacant. A member may be removed by the governing
body for cause, but only after public hearing and other requested
procedural due process protection.
E. Yearly, the Zoning Board of Adjustment shall organize
by selecting from among its regular members a Chairman and a Vice
Chairman. The Board shall also select a Secretary who may or may not
be a member of the Board or a municipal employee.
F. The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Zoning Board of Adjustment.
G. The office of Zoning Board of Adjustment Attorney
is hereby created. The Board of Adjustment may annually appoint to
such office and fix the compensation or the rate of compensation of
an attorney at law of New Jersey other than the Municipal Attorney.
H. 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 or grants,
the amount appropriated by the governing body for its use.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of 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 above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of P.L.
1975, c. 291, or amendments thereto or subsequent statutes applying,
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 have
all the powers of the administrative officer from whom the appeal
was taken.
Any variance front the terms of any ordinance
hereafter granted by the Board of Adjustment, permitting the erection
or alteration of any structure or structures or permitting a specified
use of any premises, shall expire by limitation 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 12 months from the date of entry
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 governing body or to a court of
competent jurisdiction until the termination in any manner of such
appeal or proceedings.
[Amended 6-9-1980 by Ord. No. 0-80-6; 9-24-1984 by Ord. No. 0-84-14]
A. The Board of Adjustment shall have the power to:
(1) Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision
or refusal made by any municipal official based on or made in the
enforcement of the Zoning Ordinance.
(2) Hear and decide requests for interpretation of the
Zoning Map or ordinance or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning or official
map ordinance.
(3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or 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 zoning regulation 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; or wherein an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in section §
101-2B and the Municipal Land Use and Development Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in Subsection
A(4) 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 §
20-7G.
(4) Grant a variance to allow departure from zoning regulations
in particular cases and for special reasons to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pertaining
solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in §
101-1; or
(e)
An increase in the permitted density as defined in §
101-1 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. A variance under this subsection shall be granted only by the affirmative vote of at least five members.
B. No variance or other relief may be granted under the
terms of this section unless 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
Zoning Ordinance.