Lakehurst City Zoning Code
§ 25-10.1
Powers Generally.
[Ord. No. 11/78; Ord. No. 5/24/82 § 605; Ord. No. 93-05 § 2; Ord. No. 95-13 § 6; Ord. No. 97-05 § 7]
a.
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 Administrative Official based on or made in the enforcement of Section 25-30 of this chapter.
b.
Hear and decide in accordance with the provisions of the zoning section of this chapter, requests for interpretation of the zoning map or Section 25-30 of this chapter or for decisions upon other special questions upon which such board is authorized to pass by the zoning provisions of this chapter.
c.
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 the specific piece of property, or (c) by reasons 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 Section 25-30 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 appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
2.
Where in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Section 25-30 of this chapter; provided however, that no variance from those departures enumerated in paragraph d of this subsection shall be granted under this subsection.
d.
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Section 25-30 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 nonconforming use.
3.
Deviation from a specification or standard pursuant to N.J.S. 40:55D-67 pertaining solely to a conditional use.
4.
An increase in the permitted floor area ratio as defined in N.J.S. 40:55D-4.
5.
An increase in the permitted density as defined in N.J.S. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two family unit buildings, which lot or lots are either an isolated undersized lot or lots resulting for a minor subdivision.
6.
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this paragraph shall be granted only by an affirmative vote of at least five members.
If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph d of this subsection, the decision on the requested variance or variances shall be rendered under paragraph c of this subsection. |
No variance or other relief may be granted under the terms of this subsection 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 ordinance.
e.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Section 25-30 for a residential or principal nonresidential use shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.