a. The Zoning Officer, as defined in Section 33-21, is the Administrative Officer responsible for the administration and enforcement of Chapter 35, Zoning Regulations.
b. The duties of the Zoning Officer shall include the following:
1. Review applications for development and issue zoning permits prior to the issuance of construction permits, provided that the proposed construction, alteration and/or occupancy is in accordance with the Zoning Ordinance, or appropriate approvals have been granted.
2. Investigate violations of the Zoning Ordinance coming to his attention whether by complaint or from personal knowledge or observation.
3. Issue written notices to persons in violation of the Zoning Ordinance, and as circumstances warrant, either
(a) Issue a summons for the violation returnable in Municipal Court; or
(b) Upon the express authority of the City Council, and with the assistance of the Corporation Counsel, file in the Superior Court a complaint to terminate the violation or prevent its continuance.
4. Authorize the issuance of certificates of nonconformity, where uses or structures have pre-dated the adoption or amendment of the Zoning Ordinance, and are not in accordance with same as a result of such adoption or amendment.
(Ord. No. O-01-46 § 32-3.1; Ord. No. O-09-28 § 2)
The City Engineer, in concert with the City Planner, is the Administrative Officer responsible for the administration and enforcement of this Chapter 33, Planning and Development Ordinance. (Ord. No. O-01-46 § 32-3.2)
a. Membership. The City of Bayonne Planning Board shall consist of nine (9) members of the following four (4) classes:
2. Class II: one (1) of the officials of the City, other than a member of the City Council, to be appointed by the Mayor; provided that if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member for purposes of this act in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
3. Class III: a member of the City Council to be appointed by the City Council.
4. Class IV members: Six (6) other residents of the City to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one (1) member may be a member of the Board of Adjustment. Not more than one (1) Class IV member may be a member of the Board of Education. For the purpose of this section, membership on a City board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of City office.
b. Terms. The term of the Class I member shall correspond to his or her official tenure as Mayor. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. The term of all other Class IV members shall be four (4) years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
c. Substitute Members When Conflict Exists. If the Planning Board lacks a quorum because any of its members are prohibited by a conflict of interest from acting on a matter due to the member's personal or financial interest, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.
d. Organization. The Planning Board shall organize annually by selecting from among its Class IV members a Chairperson and a Vice Chairperson. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee, and create and fill such other offices as established by ordinance.
e. Legal Counsel And Other Professional Staff. The Planning Board may annually appoint an attorney-at-law of New Jersey other than the Corporation Counsel as Planning Board Attorney and may fix his or her compensation at an amount not exceeding the amount appropriated. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the City Council for its use.
f. Conflict of Interest. No member of the Planning Board shall be permitted to act on any matter in which he/she has any personal or financial interest, either directly or indirectly.
g. Removal. Any member other than a Class I member, after a public hearing, if requested, may be removed by the City Council for cause.
h. Powers and Jurisdiction of Planning Board.
1. Mandatory Powers. The Planning Board shall exercise its powers in accordance with the Municipal Land Use Law in regard to:
(a) The City Master Plan pursuant to N.J.S.A. 40:55D-28.
(b) Subdivision and site plan review pursuant to the Land Development Ordinance.
(c) Any official map adopted by the City Council pursuant to N.J.S.A. 40:55D-32 et seq.
(d) The zoning ordinance including conditional uses pursuant to the Zoning Ordinance.
(e) Any capital improvements programs pursuant to N.J.S.A. 40:55D-29 et seq.
(f) Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to this section.
2. Other Powers. The Planning Board may:
(a) Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
(b) Assemble data on a continuing basis as part of a continuous planning process.
(c) Perform such other duties as are assigned to it by ordinance or resolution of the City Council.
3. Planning Board Review In Lieu of Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
4. Variances pursuant to N.J.S.A. 40:55D-70c.
5. Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
6. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
7. Referral Powers of the Planning Board. Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the City Council, within thirty-five (35) days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the City Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The City Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the City Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
1. Advisory Committee. The Mayor may appoint one (1) or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such committee shall have no power to vote or take other action required of the Board. Such persons shall serve at the pleasure of the Mayor.
j. Subdivision and Site Plan Committee. The Chairperson of the Planning Board may appoint a Subdivision and Site Plan Committee. The Committee shall consist of at least three (3) Planning Board members and such technical and other staff members as the Chairman may deem appropriate. The purposes of the Committee shall be as follows:
1. To review, comment and make recommendations with respect to subdivision and site plan applications.
2. To act on minor subdivision and minor site plan applications pursuant to N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-46.1 provided that no variances are required pursuant to Chapter 33 of the Revised General Ordinances of the City of Bayonne.
3. To perform other advisory activities and duties conferred upon it by the Board through a motion duly adopted and recorded.
(Ord. No. O-01-46 § 32-3.3; Ord. No. O-09-28 § 2)
a. Membership and Organization.
1. Membership. The City of Bayonne Zoning Board of Adjustment (herein referred to as the Board of Adjustment), shall consist of seven (7) regular members and two (2) alternate members, each of whom shall be residents of the City of Bayonne and shall be appointed by the Municipal Council. All regular members appointed shall serve for terms of four (4) years beginning January 1 of the year of their appointment.
2. Alternate Members. Alternate members shall be appointed for a term of two (2) years, and at the time of their appointments shall be designated Alternate No. 1 and Alternate No. 2, respectively. Alternate members may participate in discussions 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 No. 1 shall vote.
3. Other Municipal Office.
No member of the Board of Adjustment shall hold any elective office or position under the municipality.
4. Conflict of Interest.
No member of the Board of Adjustment shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
5. Removal.
A member, after a public hearing if requested, may be removed by the City Council for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
6. Election of Officers.
The Board of Adjustment shall annually elect a Chairperson and Vice Chairperson from its members and a Secretary who may or may not be a member of the Board or a municipal employee.
7. Substitute Members When Conflict Exists.
If the Board of Adjustment lacks a quorum because its regular or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.
8. Legal Counsel and Other Professional Staff.
The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the City Council for its use.
b. Powers and Jurisdiction.
The Board of Adjustment shall have the following powers:
1. Appeals.
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 the Zoning Officer or any other City Official, based on or made in the enforcement of the Zoning Ordinance.
2. Interpretations.
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 to pass by any Zoning or Official Map Ordinance in accordance with the Municipal Land Use Law.
3. Bulk and Dimensional Variances:
(a) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or 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 zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, the Board may 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; or
(b) Where in an application or appeal relating to a specific piece of property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Board may grant a variance to allow departure from such zoning requirements, provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in this section shall be granted under this subsection; and provided further that 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 has the power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
4. "d" Variances. Pursuant to N.J.S.A. 40:55D-70(d), in particular cases and for special reasons, the Board may grant a variance to allow departure from zoning regulations to permit (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in N.J.S.A. 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 or (6) a height of a principal structure which exceeds by ten (10) feet or ten (10%) percent the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five (5) members.
5. Additional Powers.
The Zoning Board of Adjustment shall have the following additional powers:
(a) To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(b) To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(c) To grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to this section of this chapter. 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 Board of Adjustment shall condition the separate approval of the variance upon grant of all required subsequent approvals of a site plan or subdivision. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment to the public good and without substantial impairment to 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 this chapter for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
c. Standards for Consideration.
1. Relief Not Enumerated
As a "d" Variance to be Decided Under Bulk and Dimensional Variance Criteria. If an application for development requests one or more variances but not a "d" variance, the decision on the requested variance or variances shall be rendered under the bulk and dimensional variance criteria.
2. Requirement For Showing of No Substantial Detriment.
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that 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.
3. Referral of Application to Other Agencies.
An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
d. Annual Report on Variances Heard by Zoning Board of Adjustment.
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 of 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 of Adjustment shall send copies of the report and resolution to the City Council and Planning Board.
(Ord. No. O-01-46 § 32-3.4)
