A. 
Administrative review. The Planning Board shall hear and decide appeals under the following circumstances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Whenever it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.
(2) 
Whenever physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map.
B. 
Conditional use permits. The Planning Board may grant or refuse conditional use permits under the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Only those applications for conditional use permits shall be heard and acted upon which are specifically authorized by the terms of this chapter. However, the Planning Board may then issue permits with such conditions and safeguards as it deems appropriate under this chapter.
(2) 
Application shall have been made in writing indicating the section of this chapter under which a permit is sought.
(3) 
Public hearings shall have been held. The owner of the property for which a conditional use permit is sought, or his agent, shall be notified by mail 10 days in advance of such hearing. Notice shall also be posted on the property for which the permit is sought and at the Municipal Building at least 10 days prior to the public hearing. Any party may appear at the hearing in person, or by agent or attorney.
(4) 
The Planning Board shall have made a finding that it is empowered under the section of this chapter described in the application to grant the conditional use permit and that granting such permit will not adversely affect the public interest.
[1]
Editor's Note: Original § 128-52, Appointment; terms of office; removal from office; vacancies, as amended 3-10-1987 by Ord. No. 499; § 128-53, Proceedings; meetings; records; and § 128-54, Hearings; notice; filing fee, as amended 6-11-1985 by Ord. No. 482 and 12-10-1985 by Ord. No. 489, of the 1982 Code, which immediately preceded this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Board of appeal shall be empowered to authorize, upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest and under the following conditions:
A. 
Variances shall be granted only in those instances where, owing to special conditions, literal enforcement of the provisions of this chapter would render property unusable or impose undue hardship.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Variances shall be granted only after:
(1) 
Written application for a variance shall have been submitted to the Planning Board demonstrating:
(a) 
That special conditions and circumstances exist peculiar to the land, building or structure involved, which do not apply to other land, buildings or structures in the same district.
(b) 
That the literal interpretation of the terms of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c) 
That the special conditions and circumstances do not result from actions of the applicant.
(d) 
That granting the variance requested will not confer on the applicant any special privilege denied by this chapter to other lands, buildings or structures in the same district.
(2) 
A public hearing shall have been properly advertised and held. The owner of the property for which the variance is sought shall be notified by mail 10 days in advance of such hearing. Notice shall also be posted on the property for which the variance is sought and at the Municipal Building at least 10 days prior to the public hearing. Any party may appear at the hearing in person or by agent or attorney.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
The Planning Board shall have found that the requirements listed in Subsection B(1) above have been met by the applicant.
(4) 
The Planning Board shall have found that the reasons presented in the application justify granting the variance and that the variance is the minimum variance that will make possible reasonable use of the land, building or structure.
(5) 
The Planning Board shall have found that granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood nor otherwise detrimental to the public welfare.
C. 
In granting any variance, the Planning Board may prescribe appropriate conditions and safeguards in conformity with this chapter.
D. 
Any variance granted by the Planning Board must be for uses permissible under the terms of this chapter for the district involved.
E. 
The existence of nonconforming uses or buildings in the district in which the property for which a variance is sought is located or the fact that the use or building proposed constitutes a permitted use or a use by right in another district shall not constitute grounds for granting a use or building variance.
In exercising the powers granted to it by this chapter, and in conformity with the terms of this chapter, the Planning Board may reverse or affirm, wholly or in part, or may modify any other requirement or determination appealed from and may make such order, requirement or decision as, in its opinion, ought to be made.
A. 
Appeal from decision of the Planning Board. Any person aggrieved by any decision of the Planning Board, or any taxpayer or officer of the Borough, may, within 30 days after notice of such decision by the Board, appeal to the Superior Court, Law Division, by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, and specifying the grounds upon which he relies.
B. 
Duties of Zoning Officer, Planning Board, Borough Council and courts on matters of appeal.
(1) 
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Officer and that such questions shall be presented to the Planning Board only on appeal from the Administrative Officer. Recourse from decisions of the Planning Board shall be to the courts as provided by state law.
(2) 
It is further the intent of this chapter that the duties of the Borough Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this chapter, the Borough Council shall have only the following duties:
(a) 
To consider and adopt or reject proposed amendments or the repeal of this chapter as provided by law.
(b) 
To establish a schedule of fees and charges in accordance with § 360-47 of this chapter.
(c) 
To designate a Zoning Officer and also designate Assistant Zoning Officers.
(d) 
To appoint the Planning Board.[1]
[1]
Editor's Note: Original Ch. 128, Art. IX, Site Plan Application, of the 1982 Code, as amended 6-14-2005 by Ord. No. 811, 8-8-2006 by Ord. No. 858, 2-13-2007 by Ord. No. 868, and 4-10-2007 by Ord. No. 880, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).