City of Vineland, NJ
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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
(b) 
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 shall review a request for a variance as provided under Article XV.
(4) 
In particular cases and for special reasons, grant a variance to allow departure from the regulations of Article XV, including but not limited to allowing a structure or use in a zone restricted against such structure or use, but only by affirmative vote of at least five members.
B. 
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 regulations of Article XV.
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. 
Sections 425-349 through 425-353 of this article shall apply to the power of the Board of Adjustment to:
(1) 
Direct issuance of a permit pursuant to Article V, § 425-38, Issuance of building permits, 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 pursuant to Article V.
(2) 
Direct issuance of a permit pursuant to Article V, § 425-40, Variances; appeals, for a building or structure not related to a street.
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.
(5) 
The application fee and, where applicable, the appropriate review fee pursuant to Article I, § 425-5.
(NOTE: The basis for this article is N.J.S.A. 40:55D-69 to 40:55D-76.)