A. The Zoning Board of Adjustment shall have the power to:
(1) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of Article XIII of this chapter.
(2) Hear and decide, in accordance with the provisions of the zoning articles of this chapter, requests for interpretation of the Zoning Map or zoning article of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by the zoning provisions of this chapter.
(3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to Article XIII 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 from such strict application of such regulation so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; 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 shall review a request for a variance pursuant to this chapter.
(4) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article XIII of this chapter, including, but not limited to, allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the Zoning Board of Adjustment.
(5) Any municipal variance approval which grants relief from the density or lot area requirements for a residential or principal nonresidential use in the RR, R-1, R-2, R-3, B-2 or MD Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 6-28-1993 by Ord. No. 13-1993; amended 7-28-1997 by Ord. No. 10-1997]
B. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Master Plan and Zoning Ordinance. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to § 175-19F of this chapter, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
C. In exercising the above-mentioned power, the Zoning Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying or the Pinelands Comprehensive Management Plan, reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all powers of the official from whom the appeal was taken.
Next Doc