(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 error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning provisions of this chapter.
(2) Hear and decide requests for interpretation of the zoning map, zoning provisions of this chapter, official map, or for decisions upon other special questions upon which the Board is authorized to pass.
(3) Hear and decide variance requests pertaining to:
(a) "c" variances.
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 structures lawfully existing thereon, the strict application of any regulation or the zoning provisions of this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the applicant for development of such property, grant a variance from such strict application of such regulations or zoning provisions so as to relieve such difficulties or hardship.
2. Wherein in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the regulations or zoning provisions of this title and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the regulations or zoning provisions of this title; 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 covered by subsection 156.004(A)(3)(b) below 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 this chapter.
(b) "d" variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit:
1. A use or principal structure in a district restricted against such use or principal structure.
2. An expansion of a non-conforming use.
3. Deviation from a specification or standard pertaining solely to a conditional use.
4. An increase in the permitted floor area ratio.
5. An increase in the permitted density, 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 are either an isolated undersized lot or lots resulting from a minor subdivision.
6. A height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure.Variances granted under this subsection shall be granted only by affirmative vote of at least five members. 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 zone plan and zoning provisions of this chapter.
(4) Exercise such other powers which are authorized by N.J.S.A. 40:55D-76.
(Ord. 945-99, passed 9-13-99; Am. Ord. 24-00, passed 9-11-00)