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POWERS AND DUTIES OF THE
BOARD OF ADJUSTMENT
Township Ordinance
§102-44.1 establishes the Board of Adjustment's powers and
duties.
The
Board of Adjustment had the power to:
"(A) 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 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 the Board is authorized to pass
by any zoning or official map ordinance, in accordance with
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(C) 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 the structures lawfully existing thereon, the strict
application of any regulation in this chaper would result in
peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the developer of such property, grant, upon
application of such regulation so as to relieve such difficulties or
hardships; provided, however, that the fact that a proposed use is
inherently beneficial use shall not be dispositive of a decision on
a variance under this subsection and provided that no variance from
those departures enumerated in Subsection C(2)(d) of this chapter
and shall be granted under this subsection; and provided futher
development does not require approval by the Panning Board of a
subdivision, site plan or conditional use, in conjunction with which
the Planning Board has the power to review a request for variance
pursuant to § 102-44C of this chapter.
(D) In particular cases for
special resons, grant a variance to allow departure from the zoning
provisions of this chapter to permit:
(1) A use of principal
structure in a district restricted against such use or principal
structure.
(2) An expansion of a nonconforming use
(3)
Dervation from a particular specification or standard set forth in
this chapter as pertaining solely to a conditional use;
(4)
An increase in the permitted density as defined in Article IV or VI
of this chapter, as the case may be and in N.J.S.A. 40:55D-4, except
as applied to the required lot area for a lot or lots detached one-
or two-dwelling unit buildings, which lot or lots or either an
isolated undersized lot or lots resulting from a minor subdivision;
or
(6) A height of as principal structure which exceeds
by 10 feet or 10% the maximum height permitted in this district for
a principal structure. A variance under this subsection shall
be granted shall be granted only by affirmative vote of at least
five
members." |