West Orange City Zoning Code

Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer, appointed pursuant to the zoning regulations based upon or made in the enforcement of the zoning regulations or official map. Such appeal shall be taken within 65 days by filing a notice of appeal with the Zoning Officer.[1] The notice of appeal shall specify the grounds for the appeal. Upon receipt of the notice of appeal, the Zoning Officer shall forthwith transmit to the Secretary of the Zoning Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

An application for development may be filed directly with the Secretary of the Zoning Board of Adjustment for action under any of its powers without prior application to the Zoning Officer. Applicants shall file at least that number of copies of the application and the required fees as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Zoning Board of Adjustment shall inform applicants of the steps to be taken to initiate applications, and of the regular meeting dates of the Board.

An appeal to the Zoning Board of Adjustment constitutes an automatic stay of all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer certifies to the Secretary of the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, 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 other than by an order of the Superior Court of New Jersey, upon notice to the Zoning Officer and on due cause shown.

Pursuant to N.J.S.A. 40:55D-75 the Zoning Board of Adjustment, in connection with appeals from the Zoning Officer, may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision interpretation or determination appealed from, and to that end shall have all the powers of the Zoning Officer.