West Orange City Zoning Code

Hear and decide appeals where it is alleged that there is an error in the decision or refusal made by the Construction Official, Zoning Officer or any other administrative officer of the Township based on or made in the enforcement of the zoning provisions of this chapter.

Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter.

Where: 1. By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or 2. By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or 3. 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 of this chapter 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. Where, in an application or appeal relating to a specific piece of property, the purposes of this act would be advanced by a deviation from the zoning regulations requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to those departures under this subsection, 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 this section.

In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations 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.A. 40:55D-67 pertaining solely to a conditional use; 4. Increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 5. An increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from 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 subsection shall be granted only by an affirmative vote of at least five members of the Zoning Board of Adjustment.

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 shall not substantially impair the intent and purpose of the zone plan and zoning regulations.

An application for development under any provision of this section may be referred to any appropriate person or agency, for a report; provided that such reference shall not extend the period of time within the Zoning Board of Adjustment shall act.