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Rockaway Township City Zoning Code

§ 54-16.6

"D" variance appeals.

[Ord. No. 95-24 § 54-37]
In particular cases, appeals to the Zoning Board of Adjustment may be taken for "D" variance requests. A developer may also file an application for a "D" variance with the Zoning Board of Adjustment without prior application to the Administrative Officer. Whenever the proposed development involves a "D" variance, the Zoning Board of Adjustment shall also hear any subdivision, site plan, conditional use application and any other variance applications required for the development. The following provisions shall apply to "D" 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 Planning Board.
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 "D" 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) 
Special reasons exist justifying the grant of the variance;
(b) 
The variance can be granted without substantial detriment to the public good; and
(c) 
The grant of the variance will not substantially impair the intent of the zone plan and zoning regulations.
(2) 
Any decision of the Board to grant a "D" variance pursuant to this section shall only be by an affirmative vote of at least five members or the Board.
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.