[N.J.S.A. 40:55D-70]
The Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative officer based on or made in the enforcement
of the Zoning Ordinance;
B.
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 N.J.S.A. 40:55D-1 et seq.;
C.
(1) Where: (a) by reason of exceptional narrowness, shallowness
or shape of a specific piece of property, or (b) by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property, or (c) 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 N.J.S.A. § 40:55D-62 et seq. 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
from 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 act or the purposes
of the "Educational Facilities Construction and Financing Act," P.L.2000,
c. 72 (N.J.S.A. 18A:7G-1 et al.), would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from regulations pursuant to article 8 of the Municipal
Land Use Law; 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 section and provided that no variance from
those departures enumerated in paragraph D of this section shall be
granted under this paragraph C; 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 subsection
a of N.J.S.A. § 40:55D-60; and
D.
In particular cases for special reasons, grant a variance to
allow departure from regulations pursuant to article 8 of the Municipal
Land Use Law 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 section 54 of P.L. 1975, c. 291 (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 section 3.1. of P.L. 1975, c. 291 (N.J.S.A.
40:55D-4), (5) an increase in the permitted density as defined in
section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied
to the required lot area for a lot or lots for detached one or two
dwelling unit buildings, which lot or lots either an isolated undersized
lot or lots are resulting from a minor subdivision or (6) a height
of a principal structure which exceeds by 10 feet or 10% the maximum
height permitted in the district for a principal structure. A variance
under this paragraph D shall be granted only by affirmative vote of
at least five members, in the case of a municipal board, or two-thirds
of the full authorized membership, in the case of a regional board,
pursuant to N.J.S.A. § 40:55D-77 et seq.
If an application development requests one or more variances
but not a variance for a purpose enumerated in paragraph D of this
section, the decision on the requested variance or variances shall
be rendered under paragraph C of this section.
No variance or other relief may be granted under the terms of
this § 802, 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. In respect to any airport safety
zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983,
c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may
be granted under the terms of this section, permitting the creation
or establishment of a nonconforming use which would be prohibited
under standards promulgated pursuant to that act, except upon issuance
of a permit by the Commissioner of Transportation. 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.
The Board of Adjustment may employ, or contract for, and fix
the compensation of legal counsel, other than the Municipal Attorney,
a licensed planning consultant, a licensed engineer and other staff
and services as it shall deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Governing Body
for its use.
The Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all the powers
of the Zoning Officer from whom the appeal is taken.
An appeal to the Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the Zoning Officer from whose action the appeal
is taken certifies to the Board of Adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and on due cause shown.