A.

Pursuant to the provisions of P.L. 1975, c.291, Section 56, a zoning board of adjustment, also known as the "board of adjustment," is established and shall consist of seven members.

B.

The members of the board of adjustment shall be appointed by the mayor with the advice and consent of city council. The terms of the members first appointed under this title shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that present members may continue in office until the completion of their terms. Thereafter, the term of each member shall be four years. No member may hold any elective office or position under the city. No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he or she requests it, be removed by the city council for cause. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only.

C.

The board of adjustment shall elect a chairman and vice chairman from its members and select a secretary who may or may not be a member of the board of adjustment or a municipal employee.

D.

The board of adjustment may employ or contract for, and fix the compensation of, legal counsel other than the municipal attorney, a licensed planning consultant, a licensed engineer and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the city council for its use.

E.

Alternate members may be appointed by the appointing authority to serve in the absence or disqualification of regular members and shall not exceed four in number. Alternate members shall serve for terms of two years. The terms of not more than two alternate members shall expire in any one year. Alternate members shall be designated "alternate no. 1," "alternate no. 2," "alternate no. 3," and "alternate no. 4" by the mayor. 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 members shall vote in the order of their numeral designations commencing with alternate no. 1.

(Ord. 3682 § 1, 2005; prior code § 40-46)

A.

The board of adjustment shall have such powers as are granted by law:

1.

To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapters 17.32 and 17.36 of this title.

2.

To hear and decide requests for interpretation of the zoning map or article or for decisions upon other special questions upon which such board is authorized by this title to pass.

3.

To grant, upon an application or an appeal, relief from regulations pursuant to Chapter 17.36 of this title, except those departures enumerated in Section 17.16.020(A)(4), where:

a.

The strict application of such regulation would result in particular and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:

i.

By reason or exceptional narrowness, shallowness or shape of the specific piece of property; or

ii.

By reasons of exceptional topographic conditions or physical features uniquely affecting the specific piece of property; or

iii.

By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or

b.

The purposes of N.J.S.A. 40:55D-l et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment.

4.

To grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five members, a variance to allow departure from regulations pursuant to Chapter 17.36 of this title to permit the following:

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;

e.

An increase in the permitted density 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.

B.

No variance or other relief may be granted under the provisions 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 article. Any application under any subsection of this section may be referred to any appropriate person or agency, including the planning board, for its report, provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.

(Prior code § 40-47)

The zoning board of adjustment shall, in addition to the powers specified in Section 17.16.020 of this chapter, have power given by law to:

A.

Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the official map.

B.

Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

(Prior code § 40-48)

The board of adjustment shall have the power to review subdivisions and site plans pursuant to Chapter 17.28 of this title and conditional use applications pursuant to Chapter 17.36 of this title whenever the board of adjustment is reviewing an application for approval of a variance pursuant to Section 17.16.020(A)(4) of this chapter; and where such variance is granted, the board of adjustment shall have power to grant subdivision or site plan approval pursuant to Chapter 17.28 of this title and conditional use approval pursuant to Chapter 17.36 of this title.

(Prior code § 40-49)

A.

Appeals to the board of adjustment may be taken by any interested party aggrieved by any decision of the zoning administrator of the city based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within twenty (20) days of filing a notice of appeal with the zoning administrator, specifying the grounds of such appeal. The officer 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.

The board of adjustment shall render a decision not later than one hundred twenty (120) days after the date of an appeal is taken from the decision of the zoning administrator.

C.

Failure of the board to render a decision within such one hundred twenty (120) day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

(Prior code § 40-50)

The 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 the powers of the zoning administrator from whom the appeal is taken.

(Prior code § 40-51)

An appeal to the board of adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the zoning administrator from whose action the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or 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 officer from whom the appeal is taken and on due cause shown.

(Prior code § 40-52)