Lambertville City Zoning Code
ARTICLE VII
Relief and Supervision
§ Z-701 ESTABLISHMENT AND JURISDICTION OF THE BOARD OF ADJUSTMENT.
A Zoning Board of Adjustment to consist of seven members and two alternate members is hereby established as authorized by N.J.S.A. 40:55D-69 et seq. with powers and duties as prescribed in N.J.S.A. 40:55D-70 through 40:55D-76, as amended, together with further powers, duties and jurisdiction which may hereafter be delegated to it by the Legislature. Alternate members shall be designated Alternate No. 1 and Alternate No. 2 and shall serve in rotation during the absence or disqualification of any regular member or members.
§ Z-702 ACTION BY THE BOARD OF ADJUSTMENT.
In the granting of special use permits, hardship variances or land use variances under N.J.S.A. 40:55D-70, a time limit of one year from the date of approval shall be set within which time the owner shall secure a building permit from the Construction Official and must commence construction which shall be diligently pursued or become void.
§ Z-703 APPEALS AND APPLICATIONS TO THE BOARD OF ADJUSTMENT.
[Ord. No. 18-2016]
A.
The Board of Adjustment shall have the power 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 the Zoning Officer based on or made in the enforcement of the zoning ordinance. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer of the City based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days of filing a notice of appeal with the officer from whom the appeal is taken 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.
An applicant may file an application for development with the Board of Adjustment for action under any of its powers established under N.J.S.A. 40:55D-70 without prior application to the Zoning Officer. Any application to the Board of Adjustment for a hearing shall be filed with the Secretary of the Board of Adjustment at least three weeks prior to the next meeting of the Board of Adjustment.
C.
The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of the Zoning Officer or (2) the submission of a complete application for development to the Board of Adjustment pursuant to N.J.S.A. 40:55D-59b. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
§ Z-704 PLANNING BOARD REVIEW FOR SITE PLAN APPROVAL.
No building permit shall be issued for any residential, commercial, public or quasi-public structure until the site plan has been reviewed and approved by the Planning Board except that the approval of a site plan for a single family and two family dwelling or minor repairs and alterations shall not be necessary. All site plans in the CBD Zone, however, shall be reviewed. The Planning Board shall review the proposal, determine whether or not the applicable standards provided by this Ordinance have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to effect compliance with the Ordinance, be satisfied that the site plan represents the most desirable alternative for development of the site in compliance with the Ordinance, and when satisfied that the site plan complies with the requirements of this Ordinance, shall approve the site plan.