A.
The City of Vineland hereby establishes a Zoning Board of Adjustment
comprised of seven regular members and four alternate members. Alternate
members shall be designated at the time of appointment as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
[Amended 12-12-2017 by Ord. No. 2017-85]
B.
The terms of office of each member shall be so determined
and continued that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years of appointment, and in the case of
alternate members, evenly over the first two years of appointment,
provided that the initial term of no regular member shall exceed four
years and that the initial term of no alternate member shall exceed
two years. Thereafter, the term of each regular member shall be four
years and the term of each alternate member shall be two years.
C.
No member may hold any elective office or position
under the municipality nor shall any member be permitted to act on
any matter in which he has, directly or indirectly, any personal or
financial interest.
D.
A member may, after public hearing if he requests
it, be removed by the governing body for cause.
E.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
A.
Alternate members may participate in discussion of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, alternate members
shall vote in the order of their numerical designations.
[Amended 12-12-2017 by Ord. No. 2017-85]
B.
The same rules of ethical conduct and the conditions
for removal which apply to regular members shall apply to alternate
members.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and select a Secretary who may
or may not be a member of the Board or a municipal employee.
A.
The Board of Adjustment shall have the power to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning standards as set under Article XV of this chapter.
(2)
Hear and decide, in accordance with the provisions of said Article XV, requests for interpretation of the Zone Map or zoning standards or for decisions pertaining to special questions upon which such Board is directed to pass as may be authorized herein.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation of Article XV would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application for an appeal relating to such property, a variance from the strict application of such regulation so as to relieve such difficulties or hardship, including a variance for a conditional use, provided that:
(a)
No variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use; and
A.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Board of Adjustment.
B.
The Board of Adjustment may employ or contract for
and fix the compensation of legal counsel, other than the Municipal
Attorney, as well as experts, other staff and services as it shall
deem necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality made in the enforcement of the Article XV or the Official Map. Such appeal shall be taken within 15 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. Said officer shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
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 an administrative officer.
A.
The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or after the date of the submission of a complete application for development to the Board pursuant to § 425-350B
B.
Failure of the Board to render a decision within such
one-hundred-twenty-day period, or within such further time as may
be consented to by the applicant, shall constitute a decision favorable
to the applicant.
Inquiries as to whether a proposed land use is permissible under Article XV or the Zone Map shall be submitted in writing to the Board of Adjustment. The Board shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
The Board of Adjustment 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 administrative officer from whom the appeal
is taken.
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the officer from whose action
the appeal is taken 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 such case, proceedings shall not be stayed other than by order
of the Superior Court upon notice to said officer with due cause shown.
A.
B.
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 VI or conditional use approval pursuant to Article XV whenever the proposed development requires approval by the Board of Adjustment of a variance for use pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the use variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the use variance shall be conditioned upon approval 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 Map and Article XV.
C.
Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission of a complete application. In the event that the developer elects to submit separate consecutive applications, this provision shall apply to the application for approval of the use variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval and a certificate pursuant to Article VI, § 425-55.
A.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3) in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site
plan, the Board of Adjustment shall condition any approval that it
grants upon timely receipt of a favorable report from the County Board.
B.
An application pursuant to § 425-355 of this article may be referred to any appropriate person or agency, including the Planning Board pursuant to Article II, § 425-25, for its report, provided that such reference does not extend the period of time within which the Zoning Board of Adjustment shall act.
C.
The Board of Adjustment shall, at least once a year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report on its findings on Zoning
Ordinance provisions which were the subject of variance requests and
its recommendations for Zoning Ordinance amendment or revision, if
any. The Board shall send copies of the report and resolution to the
governing body and the Planning Board.
A.
All applications to the Zoning Board of Adjustment
shall be submitted 30 days prior to the meeting on which it will be
heard.
[Amended 8-8-2006 by Ord. No. 2006-65]
B.
A complete application shall consist of the following:
(1)
Thirteen copies of the certified list of landowners
located within 200 feet of the subject property.
(2)
Thirteen copies of the completed application
form, and disclosure statement, with all required signatures, including
that of the Tax Collector.
[Amended 7-23-2002 by Ord. No. 2002-49]
(3)
Thirteen copies of the plot plan or, where applicable,
13 copies of the site plan and other required data.
(4)
Thirteen copies of the petition and notice of
hearing.
