4:24-32 - Petition by landowner to board for variance in land-use regulations; procedure - New Jersey Statutes

4:24-32.  Petition by landowner to board for variance in land-use regulations;  procedure
    Any landowner may file a petition with the board of adjustment alleging that  there are great practical difficulties or unnecessary hardship in the way of  his carrying out upon his lands the strict letter of the land-use regulations  approved by the supervisors, and praying the board to authorize a variance from  the terms of the land-use regulations in the application of such regulations to  the lands of the petitioner.  Copies of such petition shall be served by the  petitioner upon the chairman of the supervisors of the district within which  his lands are located and upon the chairman of the state soil conservation  committee.  The board of adjustment shall fix a time for the hearing of the  petition and cause due notice to be given.  The supervisors of the district and  the state soil conservation committee shall have the right to appear and be  heard at such hearing.  Any owner of lands lying within the district who shall  object to the authorizing of the variance prayed for may intervene and become a  party to the proceedings. Any party to the hearing before the board may appear  in person, by agent, or by attorney. If, upon the facts presented at such  hearing, the board shall determine that there are great practical difficulties  or unnecessary hardship in the way of applying the strict letter of any of the  land-use regulations upon the lands of the petitioner, it shall make and record  such determination and shall make and record findings of fact as to the  specific conditions which establish such great practical difficulties or  unnecessary hardship.  Upon the basis of such findings and determination, the  board shall have power by order to authorize such variance from the terms of  the land-use regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and  will not be contrary to the public interest, and such that the spirit of the  land-use regulations shall be observed, the public health, safety, or welfare  secured, and substantial justice done.