Appeals to the board may be taken by any person aggrieved or by any other officer, department, board or bureau of the city affected by a decision, order, requirement, determination or interpretation of the planning and development director or his or her designee or the director of public works and water resources or his or her designee in the administration of this zoning chapter or the subdivision development ordinances of Chapter 27. Such appeal shall be taken within 30 days by filing with the planning and development director or the public works and water resources director, as appropriate, and with the board of adjustment a notice of appeal specifying the grounds thereof. The planning and development director or the public works and water resources director as applicable shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

(Ord. No. 70-31, Art. XIX, § 1, 7-21-70; Ord. No. 17-10, Amend. No. 5, 3-13-17)

A fee, indicated in subsection 32-3.1(a)(1)a, shall accompany each appeal for a variance in a single family use, and a fee, indicated in subsection 32-3.1(a)(1)b, shall accompany each appeal for a variance for all uses other than single family; provided, however, the filing fee may be refunded at the board of adjustment's discretion under the following conditions. A fee, indicated in subsection 32-3.1(a)(1)c shall accompany each applicant's request; provided, however, the continuance fee may be refunded or reduced at the board of adjustment's discretion under the conditions contained in subsections (a) and (b) below.

(a)

The applicant must apply at the meeting of the board of adjustment when his application is heard; and

(b)

The applicant must show:

(1)

The appeal was filed as a result of a valid order of the city requiring the applicant to reconstruct or repair a dwelling so as to comply with the minimum housing code; or

(2)

The applicant is a charitable organization qualified for tax-exempt status by the Internal Revenue Service; or

(3)

The board of adjustment determines that it does not have jurisdiction to decide the applicant's appeal.

(Ord No. 70-31, Art. XIX, § 2, 7-21-70 Ord, No. 77-66, 12-12-77; Ord. No. 81-8, Amend. No. 1, 2-9-81; Ord. No. 07-24, Amend. Nos. 15, 16, 8-13-07; Ord. No. 17-05, Amend. No. 5, 2-13-17)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the planning and development director or his or her designee or the public works and water resources director or his or her designee certifies to the board after the notice of appeal is 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 otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the planning and development director or public works and water resources director for due cause shown.

(Ord. No. 70-31, Art. XIX, § 3, 7-21-70; Ord. No. 17-10, Amend. No. 6, 3-13-17)

(a)

The board of adjustment shall consist of five members who shall be residents of the City of Newark and who shall have knowledge of and experience in the problems of urban and rural development. No member shall be at the time of his appointment a candidate, candidate elect for or incumbent of any elective public office. The mayor, with the consent of council, shall appoint four members each for a term of four years. Provided, however, the terms of the original members shall be such that one shall be appointed for one year, one for a term of two years, one for a term of three years and one for a term of four years. Thereafter, the aforementioned four members shall be appointed for a full term of four years. In addition thereto, the mayor, with the consent of council, shall appoint one member who shall be designated and who shall serve as chairman and whose term shall be at the pleasure of the mayor.

(b)

Each member of the board shall be entitled to compensation in consideration for his services as determined by council.

(Ord. No. 70-31, Art. XIX, § 4, 7-21-70; Ord. No. 71-34, 8-23-71)

(a)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any interpretation, order, requirements, decision or determination made by the planning and development director or his or her designee or the public works and water resources director or his or her designee in the interpretation, enforcement, or implementation of this chapter or Chapter 27.

(2)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, due to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

(3)

To authorize such variance from the terms of this chapter as will not be contrary to the public interest upon receipt of papers transmitted by the planning and development director or his or her designee or the public works and water resources director or his or her designee pursuant to Article XX, Section 32-75 of this chapter, without the formality of an appeal; provided, however, that notice to all parties shall be given in the same manner as upon hearing of an appeal.

(b)

Reserved.

(Ord. No. 70-31, Art. XIX, § 5, 7-21-70; Ord. No. 77-35, Amend. No. 4, 7-11-77; Ord. No. 88-13, Amend. No. 6, 6-13-88; Ord. No. 16-05, Amend. No. 11, 1-25-16; Ord. No. 17-10, Amend. No. 7, 3-13-17)

In exercising its powers the board may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the interpretation, order, requirement, decision or determination appealed from and make such interpretation, order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the planning and development director or the public works and water resources director. Any interpretation, order, requirement, decision or determination of the board which requires or permits a specific act to be undertaken shall, as a condition thereto, prescribe a reasonable time limit within which such act shall be completed.

(Ord. No. 70-31, Art. XIX, § 6, 7-21-70; Ord. No. 17-10, Amend. No. 8, 3-13-17)

The board of adjustment shall make and adopt rules in accordance with the provisions of this chapter.

(Ord. No. 70-31, Art. XIX, § 7, 7-21-70)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public and the board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 70-31, Art. XIX, § 8, 7-21-70)

Time limit for deciding upon appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and by mail to the registered owners of the next five properties adjoining or adjacent, in each direction, to the property upon which the appeal centers. The appeal shall be decided within a reasonable time, not to exceed 60 days from the date of the filing of such appeal. Upon the hearing, any party may appear in person or by agent or by attorney, provided that said agent or attorney produces authorization from his principal for acting in such a capacity.

(Ord. No. 70-31, Art. XIX, § 9, 7-21-70)

Any person or persons, jointly or severally aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision. The court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, upon application, on notice to the board, and on due cause shown, grant a restraining order.

(Ord. No. 70-31, Art. XIX, § 10, 7-21-70)

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(Ord. No. 70-31, Art. XIX, § 11, 7-21-70)