§ 154-78. Standards for review of proposed exception or variance.  


Latest version.
  • In any instance where either the Board of Adjustment or the Planning Board is required to consider an application for either a conditional use or a variance from the requirements of this chapter, or from the Zoning Map enacted under the Municipal Land Use Law, the Planning Board and/or Board of Adjustment shall, among other things:
    A. 
    Assure itself that the proposed change is consistent with the spirit, purpose and intent of the Zoning Ordinance.
    B. 
    Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
    C. 
    Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable) and the public welfare.
    D. 
    Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.
    E. 
    Be guided in its study, review and recommendation by sound standards of subdivision practice, where applicable.
    F. 
    Impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Ordinance is complied with, which conditions may include but are not limited to harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.
    Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Amended 3-15-1993 by Ord. No. 1993-5