Appeals
Interpretations
Variance Type
40:55D-70A
A Appeals 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 Interpretations 40:55D-70B
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 this act.
C-1 Hardship 40:55D-70C (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 article
8 of
this
act 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.
C-2 Flexible 40:55D-70C(2)
Where in an application or
appeal relating to a specific piece of property the purposes of
this
act 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 this act; provided,
however,
that
the fact that a proposed use is an inherently beneficial use shall not be
dis-positive of
a
decision on a variance under this subsection and provided that no variance from
those
departures
enumerated in subsection d. of this section 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
subsection
a. of section 47 of this act.
D-l Use 40:55D-70D(l)
In particular cases for
special reasons, grant a variance to allow departure from
regulations
pursuant to article 8 of this act to permit; (1) a use or principal structure
in a
district
restricted against such use or principal structure,
D.-2 Expansion
Of 40:55D-70D(2)
Non-Conforming An expansion of a non-conforming use.
Use
D-3 Conditional Use 40:55D-70D(3)
Deviation from a
specification or standard pursuant to section 54 ofP.L.1975, c.291
(C.40:55D-67) pertaining solely to a conditional use.
D-4 Floor
Area Ratio 40:55D-70D(4)
An
increase in the permitted floor area ratio as defined in section 3 . 1 of P.L.
1975, c291
(C.40:55D-4).
Appeals
Interpretations
Variance Type
D-5 Density 40:55D-70(5)
An increase in the permitted
density as defined in section 3.1 ofP.L.1975, c291
(C.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 are either an isolated
undersized lot or
lots
resulting from a minor subdivision.
D-6 Height 40:55D-70(6)
A
height of a principal structure which exceeds by 10 feet or 10% of the maximum
height
permitted
in the district for a principal structure. A variance under this subsection
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 article 10 of this act.