Waldwick City Zoning Code
ARTICLE III
Zoning Board of Adjustment
§ 97-15 Establishment; composition.
A.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven (7) residents of the Borough of Waldwick appointed by the Mayor, subject to confirmation by the Council, to serve for terms of four (4) years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment, provided that the initial term of no member shall exceed four (4) years. Thereafter, the term of each member shall be for four (4) years. Nothing in this ordinance shall, however, be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
B.
No member or alternate member of the Zoning Board of Adjustment may hold any elective office or position under the municipality. This shall not be deemed to prohibit appointed officials of the municipality or elected officials of another corporate entity such as the Board of Education from serving as a member or alternate member.
[Amended 8-22-00 by Ord. No. 14-00]
C.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, in the manner hereinabove set forth for appointment of members of the Zoning Board of Adjustment.
D.
All members and alternate members shall be municipal residents.
[Added 8-22-00 by Ord. No. 14-00]
§ 97-16 Alternate members.
[Added 1-25-83 by Ord. No. 1-83]
A.
The Zoning Board of Adjustment, in addition to its seven (7) regular members, shall also consist of two (2) alternate members. The alternate members shall be appointed by the Mayor and Council in the same manner as the Mayor and Council appoints regular members.
B.
The terms of office of the alternate members shall be for two years. The initial appointment shall be made so that the term of not more than one alternate member shall expire in any one year.
[Amended 8-22-00 by Ord. No. 14-00]
C.
Alternate members may participate in all matters but may not vote, except in absence or disqualification of a regular member. Participation of alternate members shall not be deemed an increase in the size of the Zoning Board of Adjustment. A vote of the Zoning Board of Adjustment shall not be delayed in order that a regular member may vote in place of an alternate member. Should there be a choice as to which alternate member is to vote, Alternate No. 1 shall vote.
[Amended 8-22-00 by Ord. No. 14-00]
§ 97-17 Officers.
[Amended 8-22-00 by Ord. No. 14-00]
The Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members and shall also select a Secretary, who may or may not be a Board member or municipal employee.
§ 97-18 Attorney.
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney.
§ 97-19 Experts and staff.
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 97-20 Rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this ordinance. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 97-21 Powers.
A.
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto and with the provisions of this ordinance.
B.
It is further the intent of this ordinance to confer upon the Zoning Board of Adjustment as full and complete powers as may be lawfully conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this ordinance or any term, clause, sentence or word hereof and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.
C.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this ordinance in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this ordinance would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall, in all cases, follow the provisions applicable to it in said c. 291, P.L. 1975, or subsequent statutes in such case made and provided, and it shall, from time to time, furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
§ 97-22 Appeals and applications.
A.
Applications for building permits shall be made to the Building Inspector, who shall approve or deny such applications. Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within twenty (20) days, as prescribed by the statute, by filing a notice of appeal with the officer from whom the appeal was taken, together with ten (10) copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
[Amended 8-22-00 by Ord. No. 14-00]
B.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Building Inspector. All applications addressed to the original jurisdiction of the Board of Adjustment without prior application for a building permit from the Building Inspector shall be filed with the Secretary of the Board of Adjustment. Three (3) copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten (10) days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this ordinance or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
C.
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Superior Court of New Jersey on application and notice to the officer from which the appeal is taken and on due cause shown.
[Amended 8-22-00 by Ord. No. 14-00]
§ 97-23 Power to reverse or modify decisions.
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of c. 291, P.L. 1975, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
§ 97-24 Expiration of variance.
Any variance from the terms of this ordinance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one (1) year from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
§ 97-25 Powers granted by law.
A.
The Board of Adjustment shall have such powers as are granted by law to:
1.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning, Land Use and Development Code.
2.
Hear and decide requests for interpretation of the Zoning Map or Zoning, Land Use and Development Code, or for decisions upon other special questions upon which such Board is authorized by the Land Use and Development Code to pass.
3.
Appeal due to hardship.
[Amended 2-12-85 by Ord. No. 2-85]
a.
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 unique 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 in the Zoning, Land Use and Development Code of Waldwick would result in peculiar and exceptional practical difficulties to, 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 relieve such difficulties or hardship.
b.
Where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law would be advanced by a deviation from the Land Use and Development Code requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations in the Zoning, Land Use and Development Code of the Borough of Waldwick; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided, that no variance from those departures enumerated in N.J.S.A. 40:55D-70d 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 the power to review a request for a variance pursuant to § 97-11 of this Ordinance.
[Amended 8-22-00 by Ord. No. 14-00]
4.
In particular cases and for special reasons, grant a variance to allow departure from the Zoning, Land Use and Development Code of the Borough of Waldwick to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined by N.J.S.A. 40:55D-4; an increase in the permitted density, as defined by N.J.S.A. 40:55D-4, except that with respect to an application for a variance from the density requirements for a detached one or two-dwelling unit building on an isolated undersized lot, or on a lot resulting from a minor subdivision, such application shall be made pursuant to § 97-25A(3); or a height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure at least five (5) members of the full authorized membership of the Board.
[Amended 2-12-85 by Ord. No. 2-85; 8-22-00 by Ord. No. 14-00]
B.
No variance or other relief may be granted under the provisions of this section including a variance or other relief involving an inherently beneficial use, without showing that 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, Land Use and Development Code. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Amended 8-22-00 by Ord. No. 14-00]
§ 97-26 Additional powers.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 97-21 of this Article, have power given by law to:
1.
Direct 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 on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B.
Pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of Chapter 291, P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to § 97-25A(4), of this ordinance.
§ 97-27 Time limit for decision.
[Amended 2-12-85 by Ord. No. 2-85]
The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer, or one hundred twenty (120) days after the submission of a complete application (as defined in § 97-47) for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-72b. Failure of the Board to render a decision within such one hundred twenty (120) day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.