A. 
Pursuant to the provisions of P.L. 1975, c. 291, Section 56,[1] there is hereby established a Zoning Board of Adjustment, also known as the "Board of Adjustment," which shall consist of seven members. The members of the Board of Adjustment shall be appointed by City Council. No member may hold any elective office or position under the City.
[1]
Editor's Note: See N.J.S.A. 40:55D-69.
B. 
Alternate members. There shall be appointed to the Zoning Board of Adjustment by the City Council not more than two alternate members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
[Added 6-15-1988 by Ord. No. 1-1988]
A. 
The terms of the members first appointed under this chapter shall be so determined that, to the greatest extent practicable, the expiration of such terms shall be distributed evenly over the first four years after their appointment. Thereafter, the term of each member shall be four years. Members of the Board of Adjustment on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to the Board of Adjustment shall be governed by the provisions of this chapter. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be fixed by the appointing authority for the unexpired term only.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
Permanent vacancies on the Board of Adjustment shall be filled by appointment, as provided above, for the unexpired term of the former member whose place has become vacant.
C. 
Any member of the Board of Adjustment may be removed by the City Council for cause. If the member being removed for cause so requests, he shall be granted a public hearing. Cause for removal of a member shall include any undisclosed or unlawful conflict of interest; any violation of the codes, ordinances or rules applicable to the member's performance of his duties; any unwillingness or inability to carry out his duties in a prompt, conscientious and competent manner; any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his duties; or any other specific conduct of the member found by the City Council to be detrimental to the proper functioning of the Board.
D. 
Members of the Board of Adjustment shall serve without compensation but shall be entitled, to the extent that available funds are appropriated by the City Council in its budget therefor, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.
The Board of Adjustment shall annually elect a Chairman and a Vice Chairman from its members. The Chairman shall preside at all meetings and hearings and fulfill the customary functions of that office. In the absence of the Chairman, the Vice Chairman shall act as Chairman and shall have all the powers of the Chairman. The Vice Chairman shall have such other powers and duties as may from time to time be provided by the rules of the Board. The Chairman and the Vice Chairman may administer oaths.
A. 
The Land Use Administrator shall provide the Board of Adjustment with professional advice on planning matters and with administrative services and shall be responsible for directing and coordinating all professional and administrative staff serving the Board of Adjustment. The Land Use Administrator or his delegate shall attend all proceedings of the Board of Adjustment and shall offer all technical advice and assistance which may be requested by the Chairman of the Board of Adjustment. The Land Use Administrator or his delegate shall also provide for the taking of minutes at all Board of Adjustment proceedings pursuant to § 163-33 of this chapter.
B. 
The Board of Adjustment shall employ or contract for the services of legal counsel, to be known as the "Solicitor to the Board of Adjustment," and shall fix the compensation of said Solicitor at an amount not exceeding, exclusive of grants and gifts, the amount appropriated by the City Council for such purpose. The Solicitor to the Board of Adjustment shall act as legal advisor to the Board, and he or his delegate shall attend all hearings of the Board of Adjustment unless excused by the Chairman; shall attend any meetings of the Board at which his presence is requested; shall review and give his opinion concerning the legal sufficiency of any provision, code, ordinance, rule or regulation or amendments thereto relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City; and shall be available, on reasonable request, for consultation with the Board of Adjustment concerning matters properly subject to its jurisdiction and authority. The Solicitor to the Board of Adjustment or his delegate shall also provide advice and aid to the Land Use Administrator in the enforcement of this chapter and shall, where directed by the Board of Adjustment, initiate such legal actions as may be necessary to the proper enforcement of this chapter.
C. 
The Board of Adjustment may also employ or contract for such experts, consultants and other staff and services as it may deem necessary; provided, however, that the cost of such services shall not exceed, exclusive of grants and gifts, the amount appropriated by the City Council for such purpose.
A. 
No action shall be taken at any Board of Adjustment meeting or hearing without a quorum, consisting of four members, being present. Except as otherwise required in § 163-170E of this chapter, the concurring votes of a majority of the members voting, but not fewer than three votes, shall be necessary to any action by the Board of Adjustment. The Land Use Administrator shall, in writing, notify all members of the date of the adjourned meeting and shall also notify such other interested parties as may be designated in the vote of adjournment.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
A member absent from any portion of a meeting or hearing or, where a meeting or hearing is carried over to two or more sessions, from one or more of the sessions shall be eligible to vote upon the matter heard, notwithstanding his absence, provided that such Board member shall first certify on the record that he has read a transcript or listened to a recording of the session or sessions or part thereof from which he was absent.[1]
[1]
Editor's Note: Former Subsection C, which dealt with dissenting reports and which immediately followed this subsection, was repealed 6-15-1988 by Ord. No. 1-1988.
A. 
The Board of Adjustment shall fix the time and place for holding its regular meetings, provided that a meeting shall be scheduled not less than once each month and shall be held as scheduled unless canceled for lack of applications for development to process or other business to conduct. The Board of Adjustment may provide for special meetings at the call of the Chairman or at the request of any two of its members, which shall be held after notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231,[1] and the rules of the Board of Adjustment. All regular or special meetings of the Board of Adjustment shall be open to the public; provided, however, that the Board may meet in executive session for the purpose of discussing and studying any matters to come before it, and these sessions shall not be deemed a regular or special meeting. All testimony at any meeting of the Board of Adjustment shall be given under oath.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B. 
All hearings of the Board of Adjustment shall be set, advertised and conducted in accordance with the provisions of Part 5, Article XXXIII, of this chapter.
C. 
The Board of Adjustment shall adopt its own rules for the conduct of its business, meetings and hearings not inconsistent with this chapter and the statutes of the State of New Jersey. Such rules shall be filed with the Land Use Administrator, and copies thereof shall be available to any person upon request and the payment of a fee pursuant to Part 1, Article III, of this chapter. Any rule so adopted which relates solely to the conduct of the Board's meetings or hearings and which is not mandated by this chapter or the statutes of the State of New Jersey may be waived by the Board upon good cause being shown.
A. 
Minutes of every regular or special meeting and of every hearing shall be kept and shall include the names of the persons appearing and addressing the Board of Adjustment and of the persons appearing by attorney, the action taken by the Board of Adjustment, the findings, if any, made by it and reasons therefor. In addition, a verbatim record of every hearing conducted by the Board shall be taken and kept as provided in § 163-198H(5) of this chapter. The minutes; the verbatim record of testimony from any required public hearing; all applications, requests, exhibits and papers filed in any proceeding before the Board of Adjustment; and the decision and report or reports of the Board shall constitute the record of any matter brought before the Board. The records of the Board's activity shall be made available for public inspection during normal business hours at the office of the Land Use Administrator. Any interested party shall have the right to compel production of such records for use as evidence in any legal proceedings concerning the subject matter of such records. Such interested party shall be charged a fee for reproduction of such records as provided in Part 1, Article III, of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
Every decision of the Board of Adjustment shall be by written resolution, which shall include findings of fact, shall refer to the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision and shall contain a conclusion or statement separate from the findings of fact which shall set forth the specific relief granted, whether relief is granted subject to expressly stated modifications or is denied. Every resolution shall expressly set forth any limitations or conditions imposed on any approval granted or any development, work or use authorized.
C. 
In reaching its decision on any such application, the Board of Adjustment may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it.
D. 
The Board of Adjustment shall take no final or binding vote on any application unless it shall first have before it the written resolution herein required; provided, however, that where special circumstances warrant it, the Board of Adjustment may take final action on any application prior to the preparation of such resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.
E. 
In any case where this chapter provides that the failure of the Board of Adjustment to act within a fixed period shall be deemed a grant or denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period.
F. 
Within 10 days following any decision of the Board of Adjustment on an application, the Land Use Administrator shall mail notice thereof to each person entitled to notice pursuant to § 163-200A of this chapter. A brief notice of the decision of the Board shall be placed in a newspaper having general circulation.
[Amended 6-15-1988 by Ord. No. 1-1988]
No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
The Board of Adjustment shall have the following jurisdictions and authority:
A. 
Subject to the provisions of Part 5, Article XXVIII, of this chapter, to grant or deny variances from the requirements of this chapter.
B. 
Subject to the provisions of § 163-178C of this chapter, to render interpretations of the provisions of this chapter.
C. 
Subject to the provisions of Part 5, Article XXX, of this chapter, to hear and decide appeals from any action taken by an administrative officer pursuant to the terms of this chapter where it is alleged that there is error in any order, requirement, decision or refusal of such officer based on or made in the enforcement of this chapter and, to the end, the Board of Adjustment shall have all the powers of such administrative officer with respect to the subject matter of such appeal.
D. 
Subject to the provisions of § 163-170G and Arts. XIX through XXV of this chapter, and except as limited by § 163-153 to grant or deny approval of subdivision plats and site plans in connection with its review of an application for a use variance.
E. 
Subject to the provisions of § 163-170G and Part 5, Article XXVI, of this chapter, and except as limited by § 163-153, to grant or deny conditional use approval in connection with its review of an application for a use variance.
F. 
Subject to the provisions of § 163-30 of this chapter, to appoint legal counsel and other staff.
G. 
Subject to the right of the applicant to receive a decision within the time periods specified by this chapter, to make referrals in addition to those expressly required by this chapter to persons or agencies for their recommendations.
H. 
To aid and assist the City Council and the departments and agencies of the City in implementing general plans and in planning, developing and completing specific projects.
I. 
To review and report on any matter referred to it by the City Council or the Planning Board.
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the City Council for the aid and assistance of the City Council or other agencies or officers.
K. 
Upon reasonable, written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to the planning and development of the City and its region and to participate in the preparation and review of programs or plans required by state or federal law or regulation.
L. 
In furtherance of the above jurisdiction and authority, to make such investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the City of Atlantic City as seem desirable to it; provided, however, that the expenditures of the Board shall not exceed the amounts appropriated therefor.
[Amended 6-15-1988 by Ord. No. 1-1988]
Any interested person may appeal any final decision of the Board of Adjustment to the court of proper jurisdiction; to the Board of Public Utility Commissioners in the cases specified in and pursuant to the provisions of Part 5, Article XXXII, of this chapter, and, to the extent and in the manner authorized by New Jersey law, to any court of competent jurisdiction.