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Teterboro City Zoning Code

ARTICLE VI

General Requirements; Variances

§ 185-15 Landscaping and maintenance of open space.

A. 
Landscaping and screening. All open space, including yards, shall be landscaped with lawns, trees, shrubbery and other appropriate plant material. Uses shall be screened when required by the applicable zone regulations and otherwise where necessary to ensure privacy, protect and enhance property values or otherwise promote the general welfare.
B. 
Maintenance.
(1) 
All open space, and facilities and structures thereon, must be properly maintained.
(2) 
In the event that the applicant or his or her successors shall at any time after the issuance of an occupancy certificate or continuing occupancy certificate fail to maintain any open space, the Borough of Teterboro may serve written notice setting forth any failure to maintain the open space in a reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within four weeks thereof and shall state the date and place of any hearing thereon which may be held. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said four weeks or any extension thereof, the Borough of Teterboro, in order to preserve the taxable values of the surrounding properties and to prevent the open space from becoming a public nuisance, may enter upon the open space and maintain the same for a period of one year. Before the expiration of said year, the Borough of Teterboro shall, upon its initiative or upon the request of the applicant, call a public hearing at which the applicant shall show cause why such maintenance by the Borough of Teterboro shall not, at the election of the Borough of Teterboro, continue for a succeeding year.
(3) 
The cost of such maintenance by the Borough of Teterboro shall be assessed against the property maintained and shall become a lien on said property. The Borough of Teterboro, at the time of entering upon the open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the property affected by such lien.

§ 185-16 Variances.

A. 
Authorization. The appropriate board of the Borough of Teterboro may authorize such variances from the terms of these regulations as will not be contrary to the public interest in accordance with the standards set forth in applicable statutory regulations.
B. 
Application for variance. An application for a variance shall be filed with the Construction Code Official. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Construction Code Official:
(1) 
The particular requirements of these regulations which prevent the proposed use or construction.
(2) 
The characteristics of the subject property which prevent compliance with said requirements of these regulations.
(3) 
The reduction of the minimum requirements of these regulations which would be necessary to permit the proposed use or construction.
(4) 
The particular hardship which would result if said particular requirements of these regulations were applied to the subject property.
C. 
Hearing. The appropriate board shall select a reasonable time and place at which to hold a public hearing, and notice thereof shall be given in accordance with applicable law.
D. 
Period validity. No variance granted pursuant to this section shall be valid for a period longer than six months from the date on which the variance was granted unless within such period an occupancy permit is obtained and a use commenced. Additional extensions without exceeding six months each may be granted upon written application to the appropriate board without notice or hearing.