Board of Adjustment

Zoning Board Of Adjustment

An Overview

The Zoning Board of Adjustment reviews applications that propose to utilize property in a manner not consistent with municipal zoning laws. They preview applications for variances that are basically non-permitted uses, and the Board of Adjustment is empowered to grant exceptions to the zoning ordinances in cases where the literal and rigid interpretation and enforcement of the zoning laws would cause hardship or injustice. These �non-permitted� uses are based upon the zoning ordinances established by the Borough.

It is the Board�s chief goal to preserve the safety and welfare of the community with the objective of conserving the value of property and encouraging the most appropriate use of land throughout the Borough. A simple definition would be that the Board �adjusts zoning� for specific applications, circumstances and pieces of property. Buildings, structures and businesses of various types are limited to specific zones. These zones are regulated with respect to category, nature and extent of use, along with specific plot sizes, required building setbacks, lot coverage and other regulations.

Because zoning variances may infringe on the rights of neighbors, an applicant is not automatically entitled to a variance. An applicant must meet specific criteria contained in the Municipal Land Use Laws by satisfying specific legal standards of proof. This burden of proof is placed upon the applicant to demonstrate that the requested relief is justified without impinging upon the rights of others. Some items to consider when requesting a variance are special reason, benefits, negative criteria, and hardship.

Zoning laws require that notice be served on all property owners within 200 feet of the applicant�s property and must be either hand delivered or sent by Certified Mail. The law also requires this notice be published in a local newspaper (either The Record or The Ridgewood News). Both must be done at least ten days prior to the hearing date. These forms of notification alert neighbors that a variance is being requested so all interested citizens will be assured an opportunity to attend and be heard at the public meeting.

A Board of Adjustment meeting is a formal meeting where action is taken. Applicants and witnesses are sworn, the meeting is recorded on tape and a Recording Secretary keeps an official record of testimony. Individuals have a choice of either presenting their own application before the Board or being represented by an attorney. All corporations MUST be represented by an attorney.

The members of the Board are resident volunteers appointed by the Mayor, with the advice and consent of the Council. They are assisted in their deliberations by the Board Attorney and Borough Engineer, when required, whose opinions are considered by the Board in its deliberations.

Public Hearing Procedures

A printed agenda is available before all meetings. It is posted in the Borough Hall bulletin board and can also be found on out website (www.allendale.org).

Certain applications at the public hearing may not be completed at one meeting and may be carried to a future meeting. This information will be announced verbally at the meeting. To confirm a continuation or rescheduling, call the Board Secretary at 201-818-4400 x202 during Borough office hours, Monday through Friday, 9 a.m. to 4:30 p.m.

Board meeting are held the fourth Wednesday of each month ( with exception of November and December when the meetings are usually scheduled on the third Wednesday because of Thanksgiving and Christmas conflicts).

The Chairperson conducts the meeting as a Judge might and the Board is comparable to a jury who will vote on a final decision. The applicant provides testimony and witnesses may also provide testimony in support of the application. Comments from the public will be accepted when the meeting is open to the public by the Chairperson.. The meetings are recorded on tape and a Recording Secretary is also present.

All applications are judged on their individual merits. The Board cannot predetermine the outcome of an application. All members of the Zoning Board of Adjustment are volunteers who serve in the public interest without compensation.

The Building Department determines is a variance is needed. All applicants for bulk variances need to be issued a letter of denial by the Zoning Code Official in order to determine if a variance is required. This letter is provided to clearly state all deficiencies that need to be included on your application to the Board for their review and determination of a denial or approval.

We hope this information is helpful.. Keep in mind that the Board meets once a month and all applications must be submitted to the Board Secretary at least ten days prior to the meeting in order to be placed on the agenda. If you have any questions, call the Board Secretary at 201-818-4400 x202.

Meeting Dates for 2008

All meetings begin at 8:00 PM in the Municipal Building. The meeting dates for the Board of Adjustment for 2008 is as follows:

MONTH	DATE
January	23rd
February	27th
March	26th
April	23rd
May	28th
June	25th
July	23rd
August	27th
September	24th
October	22nd
November	19th(3rd Wednesday
December	17th (3rd Wednesday)

Primary Navigation