(a)

The zoning board of appeals shall perform its duties and exercise its powers as provided in Article VI of Public Act 110 of 2006 and in such a way that the objectives of this code shall be observed, public safety secured, and substantial justice done. The Trenton Zoning Board of Appeals shall be composed of not less than five persons nor more than six members, and two alternate members. One regular member of the board shall also be a member of the Trenton Planning Commission. The remaining regular members and the alternate members shall be selected from the electors of the local unit of government residing within the zoning jurisdiction of that local unit of government. The members selected shall be representative of the population distribution and of the various interests present in the local unit of government. The mayor with the consent of the city council shall appoint all members. One regular member may be a member of the Trenton City Council, but that member shall not serve as the chair of the board. An employee or contractor of the city council may not serve as a member of the zoning board of appeals.

(b)

The terms of office for members appointed to the zoning board of appeals shall be for three years, except for members serving because of their membership in the planning commission or city council, whose terms shall be limited to the time they are members of those bodies. Appointments shall be as follows: Two members appointed for a period of one year, two members appointed for a period of two years, two members appointed for a period of three years, one alternate appointed for two years, and one alternate appointed for a period of three years, respectively. Thereafter, each member or alternate is to hold office for a full three-year term.

(c)

Each member and each alternate of the board shall have been a resident of the city for at least two years prior to the date of his appointment and shall be a qualified and registered elector of the city on such day and throughout his tenure of office. Appointed members and alternates may be removed for cause by the city council during their term only after consideration of written charges and a public hearing. Any appointed vacancies on the board shall be filled by the mayor with the consent of the city council for the remainder of the unexpired term. The board shall annually elect its own chairperson, vice-chairperson, and secretary. The compensation of the appointed members and alternates of the board shall be fixed by the city council.

(d)

The mayor or his designee may call the alternate members of the board on a rotating basis whenever a regular member of the board has indicated that they will be absent from a scheduled meeting. The mayor or his designee may also call an alternate to serve in the place of a regular member for the purpose of reaching a decision on a matter in which the regular member has abstained for reasons of a conflict of interest.

(e)

If an alternate is seated for any portion of a public hearing on a matter, he shall serve in that matter in lieu of the regular member, until a final determination has been made on that matter. The regular member, replaced by an alternate, may reclaim his position on the board at any time during the course of a meeting, except with respect to those matters which were the subject of a public hearing held in the presence of his alternate, if any, during the regular member's absence.

(f)

Each alternate member when seated shall have the same voting rights as a regular member of the board of appeals.

(Ord. No. 802, § 1, 12-14-2020)

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times as such board may determine. All hearings conducted by the board shall be open to the public. 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 also keep records of its hearings and other official actions. Four members of the board shall constitute a quorum for the conduct of its business. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it.

(Ord. No. 802, § 1, 12-14-2020)

(a)

Any person, officer, department, board, or bureau affected by a decision of the city engineer, may appeal that decision to the zoning board of appeals. Such appeal shall be taken within such time as shall be prescribed by the board by general rule, by filing with the city engineer and with the board a notice of appeal, specifying the grounds thereof. The city engineer shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from were taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the city engineer certifies to the board after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the city engineer and on due cause shown.

(c)

The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(d)

A fee, established by resolution of the city council, shall be paid to the city at the time the notice of appeal is filed, which fee is to assist in defraying the expenses of the hearing, such as newspaper advertising and postage and other incidental expenses.

(Ord. No. 802, § 1, 12-14-2020)

(a)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms of this code, nor to allow a use not otherwise permitted in a zoning district, but does have power to act on those matters where this code provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Such powers include:

(1)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the city engineer or any other administrative official in carrying out or enforcing any provisions of this chapter.

(2)

Variances.

a.

Except in the case of planned development districts regulated by Article XXII in this chapter to authorize, upon an appeal, a variance from the strict application of the provisions of this code where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of the ordinance from which this chapter is derived, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or hardship upon the owner of the property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed uses, as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the board shall state the grounds upon which it justifies the granting.

b.

The zoning board of appeals is not bound by past precedent and shall decide all matters properly before it on an independent basis.

c.

No such variance or modification of ordinance provisions shall be granted unless it appears beyond a reasonable doubt that all four of the following facts and conditions exist.

(3)

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone.

(4)

Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.

(5)

The granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.

(6)

The granting of such variance will not adversely affect the purpose or objectives of the master plan of the city.

(b)

Exceptions and special approvals. To hear and decide, in accordance with the provisions of this code, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the board to pass.

(c)

Any exception or special approval shall be subject to such conditions as the board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:

(d)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying the ordinance codified in this chapter and made part of this code, where street layout actually on the ground varies from the street layout as shown on the map.

(e)

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.

(f)

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(g)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot, which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

(h)

Permit temporary uses for periods not to exceed two years in undeveloped sections of the city and for periods not to exceed six months in developed sections.

(i)

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months, with the granting of 12-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature. The zoning board of appeals, in granting permits for such temporary uses, shall do so under the following conditions:

(1)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district or on the property wherein the temporary use is permitted.

(2)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.

(3)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city shall be made at the discretion of the zoning board of appeals.

(4)

In classifying uses as not requiring capital improvement, the zoning board of appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.

(5)

The use shall be in harmony with the general character of the district.

(6)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided in Article XXX in this chapter. Further, the zoning board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

(j)

In consideration of all appeals and all proposed variations to this code, the board shall, before making any variations from this code in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the city engineer, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. Nothing contained in this article shall be construed to give or grant to the board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the mayor and the city council, in the manner provided by law.

(Ord. No. 802, § 1, 12-14-2020)

In exercising the powers specified in this division, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the city engineer from whom the appeal is taken.

(Ord. No. 802, § 1, 12-14-2020)

(a)

The zoning board of appeals shall make no recommendation except in a specific case and after a public hearing conducted by the board. It shall notice all owners of record of property and the occupants of all single-family and two-family dwellings within 300 feet of the premises in question, such notices to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll.

(b)

If the tenant's name is not known, the term "occupant" may be used. The board may require any party applying to the board for relief to give such notice to other interested parties, as it shall prescribe. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city not less than 15 days prior to the hearing. Such notice shall contain the address if available and the location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal.

(Ord. No. 802, § 1, 12-14-2020)

(a)

No order of the board permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. No. 802, § 1, 12-14-2020)