Union Township City Zoning Code
§ 30-11.2
Establishment of the Board of Adjustment.
[Ord. No. 85-9, § 1101; Ord. No. 98-2, § II; Ord. No. 2001-8, § 1]
a.
Establishment; Composition; Terms.
1.
The powers and authority of the Union Township Zoning Board of Adjustment shall hereafter be exercised by the Union Township Planning Board pursuant to N.J.S.A. 40:55D-25.
2.
The Class I and Class III members of said Planning Board will not participate in this consideration of applications for development which involve relief pursuant to subsection (d) of Section 57 of Public Laws 1975, c. 291, (N.J.S.A. 40:55D-70d).
3.
All references to the Board of Adjustment in either N.J.S.A. 40:55D-1 et seq. or in the Land Use Code of the Township of Union shall hereafter be deemed to refer to the Planning Board.
b.
(Reserved)
c.
(Reserved)
d.
(Reserved)
e.
Powers as to Zoning Appeals, Interpretations, Decision and Variances.
1.
The Board of Adjustment shall have the power to:
(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 any municipal official based on or made in enforcement of the zoning ordinance.
(b)
Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance;
(c)
Variances for Specific Pieces of Property.
(1)
Where, (i) by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or (ii) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or (iii) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation 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 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 set forth in § 30-1 and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in subparagraph (d) below shall be granted under this paragraph; 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 has power to review a request for a variance pursuant to § 30-11.1j2.
(d)
Grant a variance to allow departure from zoning regulations, including but not limited to allowing a structure or use in a district restricted against such structure or use, in particular cases and for special reasons 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 pertaining solely to a conditional use;
(5)
An increase in the permitted density as defined in § 30-2b. (Definitions) except as applied to the required lot area for a lot or lots for detached one and two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or
(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 the affirmative vote of at least five members. No variances 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.
2.
Proofs Required. 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.
f.
Powers as to Subdivisions, Site Plans and Conditional Uses. The Board of Adjustment, in lieu of the Planning Board and to the same extent and subject to the same restrictions as the Board, shall receive, review and act upon applications for approval of subdivision plats, site plans and conditional uses, but only in conjunction with the Board of Adjustment's review of applications for approval of use variances.
g.
Powers as to Special Permits. The Board of Adjustment shall receive, review and act upon applications for special permits, except where such authority is conferred upon the Planning Board in conjunction with the Planning Board's review of applications for approval of subdivision plats, site plans or conditional uses.
i.
Appeals From Administrative Decision; Direct Application in Lieu of Appeals.
1.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 65 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
2.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
j.
Stay of Proceedings Appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
k.
Decision on Appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that end have all the powers of the administrative officer from whom the appeal is taken.
l.
Exclusivity of Powers. No power expressly authorized by this chapter to be exercised by the Board of Adjustment shall be exercised by any other body except as otherwise provided by this chapter.