Bayonne City Zoning Code
§ 35-31.6
Variance Procedure.
[Ord. No. O-95-12 § 33-9.6]
a.
Authority for Variances. The Board of Adjustment, or when it has jurisdiction pursuant to the Municipal Land Use Law, the Planning Board, shall hear and decide requests to vary from any of the requirements of this chapter.
b.
Jurisdiction of Planning Board. The Planning Board may hear and act on variances pursuant to N.J.S.A. 40:55D-70(c) relating to bulk requirements of this chapter, provided that it is in conjunction with a required subdivision or site plan review.
c.
Jurisdiction of Zoning Board of Adjustment. The Zoning Board of Adjustment shall hear and act on all variances, except when jurisdiction may rest with the Planning Board as prescribed by paragraph b above. The Zoning Board of Adjustment shall hear and act on all variances pursuant to N.J.S.A. 40:55D-70(d).
d.
Requirements for Variance Approval. In considering and acting upon variances the approving agency shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter.
e.
Application. All application materials shall have been submitted in complete conformance with subsection 33-11.9, Variance Submittals of Chapter 33, Planning and Development Regulations. The proposed variance shall be in complete conformance with all applicable ordinances and statutes, where not varied by the approving agency.
f.
Conditions of Approval. Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:
1.
Payment of any outstanding real estate taxes and property improvement assessments.
2.
Publication of a notice of the decision by the Planning Board Secretary or Board of Adjustment Secretary within the time established.
3.
Such other conditions which may be imposed by the municipal agency or which may be required by Federal, State or local law.
4.
A condition setting forth the time within which all conditions must be satisfied.
g.
Expiration of Variance. Any variance granted under this section shall expire one year from the date of publication of the notice of the judgment or determination of the Board of Adjustment unless construction or alteration has actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced; except, however, that the running of the period of limitation shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.