Pursuant to the provisions of N.J.S. 40:55D-1 et seq., the Board of Adjustment as heretofore created is hereby continued. (R.O. 1966 C.S. § 16A:2-1)
The Board of Adjustment shall consist of seven (7) members and two (2) alternate members who shall be appointed by the Municipal Council and who shall hold office in accordance with the provisions of N.J.S. 40:55D-69, as amended. The Board members must reside in the City of Newark. The members and alternate members of the Board shall receive a salary of not more than three thousand five hundred ($3,500.00) dollars per annum for attending twenty-one (21) Board meetings and two hundred fifty ($250.00) dollars for each of the six (6) special meetings which may be scheduled annually to address all applications which have not been placed on the Board's agenda within a two (2) month time frame. It is mandatory that all applications which have not appeared on the Board's agenda in the described period must be placed on the agenda of a special meeting to be scheduled as needed. Such salaries shall be paid quarterly and in proportion to the number of meetings attended during each quarter. (R.O. 1966; R.O. 1966 C.S. 16A:2-2; Ord. 6 S+FC, 2-19-86 § 4; Ord. 6 S+FF, 6-3-92 § 5; Ord. 6 S+FP, 9-2-92 § 1; Ord. 6 S+FB, 10-17-01 § 7; Ord. 6 S+FA, 7-10-02 § 7)
The Board of Adjustment shall elect a chairperson and vice chairperson from its members and shall select a secretary who shall not be a member of the Board. (R.O. 1966 C.S. § 16A:2-3)
The Board of Adjustment may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the Municipal Council for its use. (R.O. 1966 C.S. § 16A:2-4)
The Board of Adjustment shall have the following powers and duties:
a. To 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 ordinance.
b. To hear and decide requests for interpretation of the zoning map or ordinance, or for decisions upon other special questions upon which such Board is authorized by the zoning ordinance to pass.
c. 1. Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, to 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; 2. where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations in the zoning ordinance; provided, however, that no variance from those departures enumerated in subsection d. below of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Central Planning Board of a subdivision, site plan or conditional use in conjunction with which the Central Planning Board has power to review a request for a variance pursuant to N.J.S. 40:55D-60(a).
d. In particular cases and for special reasons, to grant a variance to allow departure from the zoning ordinance to permit 1. a use or principal structure in a district restricted against such use or principal structure; 2. an expansion of a non-conforming use; 3. deviation from a specification or standard pursuant to N.J.S. 40:55D-67 pertaining solely to a conditional use; 4. an increase in the permitted floor area ratio as defined in N.J.S. 40:55D-4; 5. an increase in the permitted density as defined in N.J.S. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one (1) or two (2) dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five (5) members of the Board.
e. To direct issuance of a permit pursuant to N.J.S. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the official map.
f. To direct issuance of a permit pursuant to N.J.S. 40:55D-36 for a building or structure not related to a street.
g. To grant to the same extent and subject to the same restrictions as the Central Planning Board subdivision or site plan approval pursuant to N.J.S. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S. 40:55D-67 whenever the proposed development requires approval by the Board of a variance pursuant to N.J.S. 40:55D- 70(d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to N.J.S. 40:55D-70(d) shall not be required.
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, C. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a non-conforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation.
Any application under any subsection of this section may be referred to any appropriate person or agency, including the Central Planning Board, for its report and recommendation, provided that reference of any application under any subsection of this section shall not extend the period of time within which the Board of Adjustment shall act.
In granting a variance permitting the erection or alteration of any structure or structures or permitting a specific use of any premises, the Board of Adjustment may provide that the variance shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced within a specified period of time from the date of publication of the notice of the judgment or determination of the Board of Adjustment but in no event less than one (1) year; except however, that the running of the period oflimitation 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.
h. No variance shall be granted until the Board of Adjustment has received an inspection report from the Division of Inspections in the Department of Neighborhood and Recreational Services indicating whether the property in question is in compliance with the other ordinances of the City of Newark.
i. Board of Adjustment is required to submit monthly attendance reports of all regular and special meetings to the Municipal Council (via the Office of the City Clerk) within fifteen (15) days subsequent to the end of the month.
(R.O. 1966 C.S. § 16A:2-5; Ord. 6 S+FE, 10-07-92; Ord. No. 6 S+FB, 12-19-02 § 1)
a. Variances. The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date 1. an appeal is taken from the decision of an administrative officer, or 2. the submission of a complete application for a variance to the Board pursuant to the provisions of N.J.S. 40:55D-72(b). Whenever the Board is called upon to exercise its ancillary powers as set forth in subsection 37:2-5g., and the developer elects to submit a separate application requesting approval of the variance and a subsequent application for approval of a subdivision, site plan or conditional use, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S. 40:55D-1 et seq. 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.
An application for a variance shall be deemed to be complete upon submission of:
1. An original completed City of Newark variance application form with sign off approval for the application to go forward by the Central Planning Board, Board of Adjustment, Fire Department, and the Building Code Official.
2. Nine (9) sets of plans, including plot plan, floor plan and elevations and indicating on-site parking for proposed new buildings, alterations, additions, extensions or conversions. All plans shall be prepared by a New Jersey Licensed Professional Architect or Engineer.
Where no conversions or structural changes are involved, nine (9) plot plans indicating the size of the property, all structures and other improvements and other permanent objects on the premises including driveways, fences, lighting, landscaping, paved areas, parking area and bumper guards shall be submitted if proposed.
For any proposed new buildings, alterations, additions, extensions, conversions of existing building or structure plans shall include complete floor plans and full elevations and plot plans.
If application is for a church, auditorium, theater or other place of public assembly, plans shall indicate all entrances and exits, seating arrangements, number of seats proposed, interior and exterior alterations.
If application is for a use which emits odors, dust, fumes or vapor, plans shall indicate exhaust system. A spray booth shall be shown if use includes spraying of paint, lacquer, enamel or similar substance.
If application is for automobile body and fender repair and painting, plans shall include location of spray booth, exhaust system and all exits.
If application is for automobile repair shop, mechanical repair or body and fender repair and no painting, plans shall include location of all exits.
All plans shall be neat, concise and acceptable to the Zoning Officer.
3. Nine (9) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and number.
4. Original and four (4) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.
5. Appropriate fee, paid by certified check, cashier's check or money order.
6. A corporate or partnership disclosure statement, when required by C. 40:55D-48.1 et seq.
7. An original affidavit of service of notice.
b. Direction for Issuance of a Permit. The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date of submission of a complete application for direction for issuance of a permit pursuant to subsection 37:2-5e. and subsection 37:2-5E 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.
An application for direction for issuance of a permit shall be deemed to be complete upon submission of:
1. An original completed City of Newark application form for the direction for issuance of a permit.
2. Five (5) copies of a plot plan showing proposed new buildings, additions or extensions.
3. Three (3) copies of a survey map complying with the requirements of survey maps set forth in the site plan ordinance.
4. Nine (9) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and number.
5. Original and four (4) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.
6. Appropriate fee, paid by certified check, cashier's check or money order.
7. An original affidavit of service of notice.
c. Inquires. The Board of Adjustment shall respond to inquiries submitted in writing as to whether a proposed land use is permissible under the zoning ordinance or official zoning map within forty-five (45) days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer. (R.O. 1966 C.S. § 16A:2-6; Ord. 6 S+FP, 6-1-88 § 1)
