The Zoning Board of Adjustment shall have the
power to:
A. Error or refusal. Hear and decide appeals where it
is alleged by the applicant that there is an error in any order, requirement,
decision, or refusal made by an official based on or made in the enforcement
of the zoning provisions of this chapter.
B. Exceptions. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this chapter or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provision of this chapter or by any duly adopted
Official Map.
C. Variance of area or yard requirements.
(1)
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 regulation
pursuant to any zoning regulations of this chapter would result in
peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the developer of such property, grant, upon
an application or an appeal relating to such property a variance for
such strict application of such regulation so as to relieve such difficulties
or hardship;
(2)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations of this chapter; provided, however, that no variance from those departures enumerated in Subsection
D of 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 power to review a request for a variance pursuant to §
135-111B of this chapter.
D. Variance of use regulations. In particular cases and
for special reasons, grant a variance to allow departure from zoning
regulations of this chapter to permit a use or principal structure
in a district restricted against such use or principal structure,
an expansion of a nonconforming use, deviation from a specification
or standard pertaining solely to a conditional use, an increase in
the height of a principal structure beyond the maximum permitted height
by 10 feet or 10%, an increase in the permitted floor area ratio,
an increase in the permitted density, except as applied to the required
lot area for lot or lots for detached one- or two-dwelling-unit buildings
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision. A variance under this subsection shall be
granted only by affirmative vote of at least five members of the Board
of Adjustment.
E. General provision. No variance or other relief may
be granted under the terms of this article unless such variances or
other relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the
zone plan and the zoning provisions of this chapter. Any application
under this section may be referred to any appropriate person or agency,
including the Planning Board, for its report, provided that such reference
shall not exceed the period of time within which the Zoning Board
of Adjustment shall act.
F. Other powers. The Zoning Board of Adjustment shall
have such other power as prescribed by law, including but not limited
to, the following:
(1)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-34 for the construction of a building or structure
within the bed of a mapped street or public drainageway, flood control
basin or public area as shown on a duly adopted Official Map of the
municipality whenever one or more parcels of land within said bed
cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public.
(2)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-36 for the construction of a building or structure
on a lot not abutting a street which is shown on a duly adopted Official
Map of the municipality or which is an existing state, county or municipal
street or highway; or a street shown upon a plat approved by the Municipal
Planning Board; or a street on a plat duly filed in the office of
the county recording officer. The Board may grant such relief only
when the enforcement of the statute requirement that a building to
abut a street would entail practical difficulty or unnecessary hardship,
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire-fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the circulation plan element
of the Borough Master Plan.
(3)
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to §
135-108D of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to §
135-108D of this chapter shall not be required. An application under this article 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.
G. Additional requirements concerning private streets.
The Zoning Board of Adjustment, or the Planning Board where jurisdiction
lies before that Board, shall have the right to permit construction
of private streets by variance. Private streets are not otherwise
permitted to be constructed. Private streets allowed by variance and
which serve two or more dwelling units or any nonresidential use generating
equivalent traffic shall meet the following requirements:
[Added 3-8-1994 by Ord. No. 1692 A]
(1)
Area and yard requirements shall apply as if
the private street was a dedicated public street; and
(2)
Lots which abut both a public street and a private
street shall be treated as corner lots for the purposes of yard requirements.
Any decision of the Planning Board or Zoning
Board of Adjustment when acting upon an application for development
and any decision of the Board of Commissioners when acting upon an
appeal shall be given notice in the following manner:
A. A copy of the decision shall be mailed by the appropriate
Borough authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Borough authority for such service.
B. A brief notice of every final decision shall be published
in the official newspaper of the Borough. Such publications shall
be arranged and paid for by the applicant. The notice shall be sent
to an official newspaper for publication within 10 days of the date
of any such decision.
C. A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough, as indicated in Article
XIII of this chapter.