1. Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 regulation of this ordinance 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 ordinance would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements.

3. No variance from those departures enumerated in the subsection hereinbelow (N.J.S.A. 40:55D-70[d]) shall be granted 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 § DR-705J of this ordinance (N.J.S.A. 40:55D-60[a]).

 

1. A use or principal structure in a district restricted against such use or principal structure;
2. An expansion of a nonconforming use;
3. A deviation from a particular specification or standard set forth in this ordinance as pertaining solely to a conditional use;
4. An increase in the permitted floor area ratio as defined in this ordinance and in N.J.S.A. 40:55D-4;
5. An increase in the permitted density as defined in this ordinance, and 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, in which event applications would be made pursuant to the General Bulk Variances subsection hereinabove; or
6. A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zoning district for the principal structure.
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
 

General Provisions.

1. No variance or other relief may be granted by the Board 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 the zoning provisions of this ordinance.

2. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" (N.J.A.C. 6:1-80 et seq.), no variance or other relief may be granted permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation.

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

4. The Zoning Board of Adjustment, in granting any variance which by law it is authorized to grant, may impose such conditions, in addition to those required in this ordinance, as are necessary to assure that the general purposes and intent of this ordinance are met. Such conditions may include, but are not limited to, harmonious design of buildings, maintenance of a sign or sound screen, the minimizing of noxious, offensive or hazardous elements, preservation of natural features, landscaping, and the posting of performance guarantees of the nature required in this ordinance to assure compliance with the requirements that will survive initial construction and the issuance of the Certificates of Occupancy.

5. All variances shall expire within one year from the date of the variance approval unless the owner shall have secured a construction permit and shall have commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant the variance. For good cause shown, and after a hearing before the Board on notice in the manner required for original variance applications, the Zoning Board of Adjustment may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Anything herein to the contrary notwithstanding, any variance granted with a site plan, subdivision, and/or conditional use approval shall expire with the expiration of the site plan, subdivision, and/or conditional use approval.

6. Any municipal variance approval which grants relief from the density or lot area requirements set forth in § DR-403D, § DR-404D, § DR-405D, § DR-414D, § DR-415D and § DR-416D for the GMS, GD, RGD-1, RS-1, HVR, VRD or RHO Districts shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.

7. Any variance or other approval for a residential use in the HC-1, HC-2, CC, RC, PI or HVC Zones shall require that Pinelands Development Credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

8. Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the GMS, GD, HVR or VRD Zones shall require that Pinelands Development Credits be used at 50% of the maximum rate permitted for Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.