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Allentown City Zoning Code

§ 28-4.4

Powers and Duties of Planning Board Acting as a Board of Adjustment.

[Added 4-20-2021 by Ord. No. 03-2021]
a. 
The Allentown Borough Planning Board, in accordance with N.J.S.A. 40:55D-25, Powers of a Planning Board, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of N.J.S.A. 40:55D-70.
b. 
The Planning Board shall have all the powers and duties prescribed by law to Zoning Boards of Adjustment pursuant to N.J.S.A. 40:55D-70 and 40:55D-76 as provided for and delineated hereinafter, provided that none of the following provisions shall be deemed to limit any power of the Board that is conferred by law:
1. 
To 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 regulations.
2. 
To hear and decide, in accordance with the provisions of any such ordinance, requests for the interpretation of the Zoning Map or zoning regulations or for decisions upon other special questions upon which such Board is authorized to act on to effectuate the purpose of this chapter, related ordinances and the enabling Statutes.
3. 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or 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 of the zoning regulations would result in peculiar and undue hardship upon the developer of such property, to 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 from the requirement to obtain conditional use approval; 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 the request for a variance in accordance with the applicable provisions of this chapter.
4. 
In particular cases and for special reasons, to grant a variance to allow departure from regulations pursuant to the zoning regulations, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by an affirmative vote of at least five members of the Board. 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 regulations.
5. 
To direct the issuance of a permit for a building or structure not related to a street, where the enforcement of the requirement that every lot shall abut a street giving access to such proposed building or structure would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street. The Planning Board may, upon application or appeal, vary this provision and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Borough Master Plan.
6. 
To refer an application for development before the Board to any appropriate person, agency, board, commission, committee, authority or other Borough or other governmental instrumentality for review and recommendation.
7. 
Approval in conjunction with variance application; conditions for separate approvals.
(a) 
Where an original application for development requires a variance pursuant to paragraph b4 above and this chapter requires the applicant to also obtain subdivision, site plan or conditional use approval, the Planning Board may grant the subdivision, site plan or conditional use approval in conjunction with the variance application, after referring the application for review by the appropriate administrative agencies normally involved with such reviews pursuant to this chapter and reviewing and considering the Planning Board's summary review and recommendation reports.
(b) 
Where an applicant for development elects to submit a separate application for the variance pursuant to paragraph b4 hereof prior to a separate application for other types of variances, subdivision, site plan or conditional use approvals, any separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approvals shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and zoning regulations. The vote required to approve the subsequent applications shall not be governed by paragraph b4 hereof, but rather by the vote required normally by the ordinance to grant other variances, subdivision, site plan or conditional use approval.
8. 
To review, recommend, report on or decide matters at formal or informal public meetings, referred to the Board by other administrative agencies as permitted or required by other ordinances or inherent powers of the Borough of Allentown.