The Zoning Board of Adjustment shall have such powers as are granted by law 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 the Zoning Officer based on or made in the enforcement of the Zoning Ordinance.

B. Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass

C. 1 where

(a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property,

(b) or 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 pursuant to the zoning 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 the strict application of such regulation so as to relieve such difficulties or hardship;

2 wherein 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 Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations of the zoning chapter, provided, however, that no variance from those departures enumerated in 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 N.J.S.A. 40:55D 60(a) of the Municipal Land Use Law.

D. In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the zoning chapter to permit 1 ) a use or principal structure in a district restricted against such use or principal structure; 2) an expansion of a non-conforming use; 3) deviation from a specification or standard pursuant to N.J S.A 40 55D-67 pertaining solely to a conditional use, and 4) 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 (1) or two (2) dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision A variance under this Subsection shall be granted only by affirmative vote of at least five (5) members of the Board.

E.No variance or other relief may be granted under the provisions 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 chapter In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983," N.J S A 6:1-80 et seq, no variance or other relief may be granted under the terms of this Section permitting the creation or establishment of a non-conforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation An application under this Section may be referred to any appropriate person or agency other than the Planning Board for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act

A.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 will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance

B. An application under this Section may be referred to any appropriate person or agency, including the Planning Board, pursuant to Section 17 of C. 291, P.L. 1975 and C. 216, P L 1979, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act