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Point Pleasant Beach
City Zoning Code

§ 19-13.2

Powers and Jurisdiction of the Board of Adjustment.

The Board of Adjustment shall have the power to:
a. 
Error or refusal. 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 development ordinance.
b. 
Exceptions or interpretations. Hear and decide, in accordance with the provisions of the development ordinance, 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 development ordinance or official map.
c. 
Variance of area or yard requirements. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic condition; or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties or to 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 receive any difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure to 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 this chapter.
d. 
Variance of use regulations. Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by affirmative vote of at least two-thirds of the full authorized membership of the board.
e. 
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 ordinance. As application under this section may be referred to an appropriate person or agency, including the Planning Board, for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
f. 
Other powers. The Board of Adjustment shall have such other powers as prescribed by law, including, but not limited to, the following:
1. 
Direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted official map ordinance of the Borough whenever one or more parcels of land within the bed cannot yield a reasonable return to the owner unless a building permit is granted. The board may grant such relief only by an affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the official map and will not significantly add to the cost of opening any proposed street. The board shall impose reasonable requirements as a condition of granting the building permit so as to promote the health, morals, safety and general welfare of the public.
2. 
Direct issuance of a building permit for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted official map of the Borough or which is (a) an existing State, county or municipal street or highway; or (b) a street shown upon a plat approved by the municipal Planning Board; or (c) a street on a plat duly filed in the office of the county recording officer. The board may grant such relief only where the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The board shall impose requirements or conditions that will provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of the health and safety and will protect any future street layout shown on the official map or on the general circulation plan element of the Borough master plan.
3. 
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection 19-13.2d of this chapter; provided, however, that the exercise of this power shall be limited to that lot (or lots) upon which the proposed variant use is to be situated.