Bound Brook City Zoning Code

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of the zoning regulations.

Hear and decide in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or regulations or for decisions upon other special questions upon which such board is authorized to pass by any zoning regulation or Official Map in accordance with this chapter or P.L. 1975, Chapter 291.

('c' variance, bulk variance) 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 pursuant to 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 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 Subsection 47 (a) of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-60(a)).

('d' variance, use variance) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to § 21-10 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 an affirmative vote of at least five members of the Borough Planning Board acting as a Board of Adjustment.

Direct issuance of a permit pursuant to § 25 of P.L. 1975, Chapter 291, for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 23 of said Chapter 291.

Direct issuance of a permit pursuant to § 27 of P.L. 1975, Chapter 291, for a building or structure not related to a street.

Grant to the same extent and subject to the same restricts as the Planning Board, subdivision or site plan approval pursuant to § 21-9 or conditional use approval pursuant to § 21-10 whenever the proposed development requires approval by the Planning Board acting as a Board of Adjustment of a variance pursuant to paragraph d above. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Planning Board acting as a Board of Adjustment. No such subsequent approval 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 Zoning Map and zoning regulations. The number of votes of Planning Board acting as a Board of Adjustment members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question and the special vote pursuant to paragraph d of this subsection shall not be required.