ZONING BOARD OF ADJUSTMENT

The Zoning Board of Adjustment reviews applications which propose to utilize property in a manner not consistent with municipal zoning laws. They review applications for variances which are, essentially, 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 work hardship or injustice. These "non-permitted uses" are based upon the zoning ordinances established by the Township in accordance with the goals stated in the Wyckoff's Master Plan. It is the Board's chief goal to set forth 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 Township. A simple definition would be 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 entitled to a variance. An applicant must meet specific criteria contained in State Laws (Municipal Land Use Laws) by satisfying specific legal standards of proof. This burden of proof is placed upon the applicant to demonstrate the requested relief is justified without impinging upon the rights of neighbors. Some items to consider when requesting a variance are special reasons, benefits, negative criteria, and hardship. Zoning laws require that notice be served on all property owners within 200' of the applicant's and must be either hand delivered or sent by Certified Mail. The law also requires this notice be published in a local newspaper. These forms of notification alert neighbors that a variance is being requested and advises them of the fact that all interested citizens will be assured an opportunity to attend and be heard at the regular meeting.

Zoning Board of Adjustment 48-Hour Notice

Zoning Board of Adjustment Current Agenda

Zoning Board of Adjustment Minutes

A Board of Adjustment meeting is a formal meeting where action is taken.  Applicants and witnesses are sworn and the meeting is recorded.  Minutes are taken and summarized by the Board of Adjustment Secretary and posted on the website (www.wyckoff-nj.com).  It is the applicant’s choice to hire their own Court Reporting Service at their sole cost if they wish.  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 Township Committee. They are assisted in their deliberations by an attorney and the Township Engineer, whose opinions are considered by the Board in its deliberations.

Work Session and Regular Hearing Procedures
of the Township of Wyckoff Board of Adjustment

Our printed agenda is available before all our meetings. It is posted in Town Hall outside the Planning Board Office, Room 110, and the Clerk’s Office, Room 102, at least 48 hours before the meeting and can also be found on Wyckoff on the Web (Zoning Board of Adjustment Current Agenda).

Certain applications at the regular hearing may not be completed at one meeting and may be carried to a future meeting. Please note this carefully because it is announced verbally at the meeting. To confirm a continuation or rescheduling, call the Board office (201-891-7000 ext. 116) during Town Hall office hours, Monday through Friday, 9:00 a.m. to 4:00 p.m.

The applications will first be reviewed at a work session meeting which will begin at 7:30 p.m. in the second floor West Wing Conference Room in Town Hall. The work session is established for the Board to review the application for completeness. This session does not contemplate public comment.

At 8:00p.m. the regular meeting will relocate to the second floor Court Room in Town Hall where the public may speak at the regular hearing section of each application when called upon by the Board of Adjustment Chairperson.  Please listen carefully for the Chairperson to open the public hearing section of each application.

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 themselves and by other witnesses that they may wish to bring to support their application. The applicant also has the right to cross-examine any members of the public who speak, either for or against the application. Statements from the public should be supportable and not hearsay such as petitions and wishes.

A record of the meeting is recorded.  Minutes are taken and summarized by the Board of Adjustment Secretary.  So when you speak, please speak slowly and clearly.  All witnesses must state their names, spell them and their addresses. Only the Chairperson may decide who speaks at a given time. Comments from the audience are not allowed.

When an application is announced by the Chairperson, the applicant comes forward, introduces him/herself, affirms that their testimony will be truthful (sworn in) and then explains the nature of the application. He/she will then give testimony. If there are witnesses, they also will be sworn in and give testimony. If the applicant is represented by an attorney, the attorney presents the application and the order of witnesses.

Following the testimony of each witness, the Board will ask questions and seek clarifications needed for an informed vote. The Chairperson will then ask if there are any questions from the public or the witness. This will take place after each witness. This time is designated for questions of each witnesses testimony and comments.

If you have a question, raise your hand. When the Chairperson calls on you, please stand, walk to the microphone, and you will be sworn in by the Board Attorney.  State your name and address and ask your questions. The public is limited to five (5) minutes per person to ensure adequate time for all speakers for all applications that night.

The Chairperson has the right to close the public portion of a hearing if he feels that the audience is unruly or is making comments that are not relevant to the case.

When you follow the above procedure, your input will have maximum impact for the Boards deliberations. Please be reminded that 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 and they are appointed by the Township Committee and serve in the public interest without compensation.

We hope your participation will be effective and satisfying. Thank you for coming out and participating in the Municipal Land Use process.

How to Use the Forms, Information and Instructions

In order to assist residents who may be thinking of applying to the Zoning Board of Adjustment for any bulk yard and/or use variances, questions may be directed to the Board of Adjustment secretary at 201-891-7000 ext. 116.

Corner lots are considered to have two (2) front yards and are, therefore, subject to more stringent requirements than an interior lot.

Plan accordingly. The element of time is crucial to your application being scheduled for a meeting of the Zoning Board of Adjustment and helps avoid any inconvenience or postponements. The Zoning Board of Adjustment meets ONCE each month on the third (3rd) Thursday. The deadline for all required paperwork is three (3) weeks before each meeting.

We hope this is helpful. If you have any questions we encourage you to call the Board Secretary at 201-891-7000, extension 116.


Click here to download Zoning Board of Adjustment Instructions and Forms