Moorestown City Zoning Code
ARTICLE XXVII
Board of Adjustment
§ 180-108 Establishment; authorization.
As required by law and as provided for in this article, a Board of Adjustment is hereby authorized and established.
§ 180-109 Members; terms of office; vacancies.
[Amended 11-12-1979 by Ord. No. 1004]
The Board of Adjustment shall consist of seven regular members and two alternate members who shall be appointed by the Township Council, shall be residents of the Township of Moorestown, shall not hold any elective office under said Township, shall serve without salary or other compensation and shall severally be removeable from office by the Township Council for cause upon written charges and after public hearing. Regular members shall be appointed for a full term of four years each, and alternate members for a term of two years each; provided, however, that any vacancy shall be filled by appointment for the unexpired term only. Alternate members shall be designated by the chairman "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members.
§ 180-110 Organization; officers; proceedings.
[Amended 6-24-1991 by Ord. No. 1577-91]
A.
The organization meeting of the Board shall be held annually during the first regularly scheduled meeting in January. At such meeting, 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 or a municipal employee.
B.
The Board shall hold at least one regularly scheduled meeting each month, on such day of the week and time of day as it shall designate or as may be called by the Chairman. All meetings shall be held in Town Hall.
C.
In the absence of the Chairman and Vice Chairman, the members present may designate an Acting Chairman, who shall have the powers and perform the duties of the Chairman during his absence. A majority of all members of the Board shall be necessary for a quorum, and all orders, determinations and other acts of the Board shall require the affirmative vote of not fewer than four members; provided, however, that the affirmative vote of at least 2/3 of the full authorized membership of the Board shall be required to grant a variance under N.J.S.A. 40:55D-70d. As required by law, the Board shall keep minutes of all its proceedings, showing the vote of the respective members upon each question presented, and, if a member is absent or fails to vote, the minutes shall indicate such fact; and the Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and be a public record.
§ 180-110.1 Additional notice required.
[Added 6-13-2011 by Ord. No. 14-2011]
A.
Public notice, as specified under N.J.S.A. 40:55D-12 of the Municipal Land Use Law, shall be required for any appeal to the Zoning Board of Adjustment where it is alleged that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance pursuant to Subsection a of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
B.
Public notice, as specified under N.J.S.A. 40:55D-12 of the Municipal Land Use Law, shall be required on any request of the Zoning Board of Adjustment for an 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 pursuant to Subsection b of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
C.
Public notice, as specified under N.J.S.A. 40:55D-12 of the Municipal Land Use Law, shall be required on any application to the Zoning Board of Adjustment for a certification of nonconforming use pursuant to the provisions of Section 55 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-68).
§ 180-111 Powers and duties of Board.
The Board of Adjustment shall have and exercise all the jurisdiction and authority and shall have and perform all the duties granted to or devolving upon a Board of Adjustment by law, including N.J.S.A. 40:55D-69 to 40:55D-76 (without limiting the generality of the foregoing) and, in addition thereto, shall have and exercise the authority and have and perform the duties vested in or imposed upon the Board of Adjustment by this chapter.
§ 180-112 Matters referred to Planning Board.
[Amended 6-24-1991 by Ord. No. 1577-91]
All applications submitted to the Board of Adjustment for a variance pursuant to N.J.S.A. 40:55D-70d may be referred to the Planning Board for review and recommendation prior to approval or rejection by the Board of Adjustment. The Board of Adjustment is encouraged to refer such variances to the Planning Board in order to ensure consistency and/or compatibility with the Master Plan.
§ 180-113 (Reserved) [1]
[1]
Editors Note: Former § 180-113, Transcripts furnished; fee, as amended 1-24-1977 by Ord. No. 855, was repealed 8-22-2005 by Ord. No. 25-2005.
§ 180-114 (Reserved) [1]
[1]
Editors Note: Former § 180-114, Appeal of decision of Board, added 6-11-1984 by Ord. No. 1221, was repealed 8-22-2005 by Ord. No. 25-2005.