Livingston City Zoning Code

The Zoning Board of Adjustment of the Township, as heretofore established, is hereby continued. The Board of seven members and two alternate members who shall serve in rotation during the absence or disqualification of any regular member or members, pursuant to N.J.S.A. 40:55D-1 et seq., shall not hold any elective office or position in the Township. Members of the Board shall be appointed by the Township Council.

Said alternate members shall be designated at the time of 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.

The terms of the members initially appointed shall run from January 1 preceding the date of appointment, with the terms of the members distributed as follows:

Thereafter, the term of each member shall be four years, and the term of each alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Members on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to said Board shall be governed by the provisions of this chapter.

The Board 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 Township employee. The Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.

The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for the Zoning Ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.

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 regulations.

Hear and decide requests for interpretation of the Zoning Map or regulations or for decisions upon other special questions upon which such Board is authorized to pass by any zoning regulation or official map in accordance with this chapter or N.J.S.A. 55D-1 et seq.

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 regulation pursuant to this chapter 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 receive such difficulties or hardship. Where in an application or appeal relating to a specific piece of property the purposes of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the New Jersey Municipal Land Use Law (P.L. 1975, Chapter 291); provided, however, that no variance from these departures enumerated in Subsection D as hereinafter outlined 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 Subsection 47a of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60a).

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Articles XI and XII of this chapter to permit:

Direct the 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 pursuant to N.J.S.A. 40:55D-32. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60(b).

Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60(c).

Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article IX or conditional use approval pursuant to Articles XI and XII whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection D above.

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 regulations.

Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer of the Township based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by 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.

A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.

The Board of Adjustment shall render a decision not later than 120 days after the date:

Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the developer shall constitute a decision favorable to the developer; provided, however, that the procedure as set forth in § 170-62C of this chapter must be complied with.

Any exception or variation from this chapter granted by the Board to a developer shall expire if no construction, alteration or conversion has been commenced within one year from the date of granting such variations or exception unless otherwise provided in the resolution of the Board granting the exception or variation.

Any variance granted as an integral part of a site plan or subdivision shall be valid for the same period of time and shall run concurrently with the approved site plan or subdivision.