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Rockaway Township City Zoning Code

§ 54-16.5

"C" variance appeals.

[Ord. No. 95-24 § 54-36]
Appeals to the Zoning Board of Adjustment may be taken for relief from the zoning regulations, Section 54-30. Notwithstanding the above, if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, the Planning Board shall also hear any such variance appeals, except for "D" variances. A developer may file an application for development with the appropriate Board under this section without prior application to the Administrative Officer. The following provisions shall apply to "C" variance appeals or applications:
A. 
In case of an appeal from the decision of an Administrative Officer, the procedures outlined in subsections 54-16.1A and B shall be followed.
B. 
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 same Board that approved the variance.
C. 
Any appeal or application pursuant to this section shall be required to submit the information required by the checklist in Section 54-28.
D. 
An appeal pursuant to this section shall stay all proceedings in the same manner as specified in Subsection 54-16.1D.
E. 
A public hearing shall be held in accordance with the provisions for hearings in this chapter.
F. 
The appellant shall give public notice of the hearing in the manner specified for development applications in this chapter; provided that the parties entitled to notice shall be as specified in Subsection 54-14.4B(1). Affidavits of proof of service of notice shall be submitted at least two business days prior to the hearing.
G. 
The Zoning Board of Adjustment may grant a "C" variance to allow departure from the zoning regulations subject to the following provisions:
(1) 
There must be a showing by the appellant, and the Board must find, the following:
(a) 
The strict application of the specific zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of the subject property due to 1) exceptional narrowness, shallowness or shape of the subject property, 2) exceptional topographic conditions or physical features uniquely affecting the subject property, or 3) an extraordinary and exceptional situation uniquely affecting the subject property or the structures lawfully existing thereon; or
(b) 
The purposes of the Municipal Land Use Law would be advanced by the requested variance, and the benefits of the variance would substantially outweigh any detriment.
(2) 
There must be a showing by the appellant, and the Board must find, that:
(a) 
The variance can be granted without substantial detriment to the public good; and
(b) 
The grant of the variance will not substantially impair the intent of the zone plan and zoning regulations.
H. 
The Zoning Board of Adjustment shall render a decision not later than 120 days after the date 1) an appeal is taken from the Administrative Officer or 2) a development application is certified to be complete pursuant to this chapter.