Asbury Park Zoning Board holds training on variances, nonconforming uses and design exceptions

The City of Asbury Park Zoning Board of Adjustment held an education session during its regular meeting on Tuesday, April 8, 2025, addressing how the board should handle interpretations, appeals, variances and design exceptions after the city’s 2021 zoning ordinance amendments and in advance of a planned 2027 reexamination.

The session opened with Chairman Abalone noting the meeting complied with the Open Public Meetings Act (P.L. 1975, c.231) and that it was being recorded by AEP TV. Board attorney Jack Soperco and zoning office staff member Donna led the presentation and discussion; no development applications were on the agenda.

Why it matters: The discussion focused on how board members should apply legal standards and record findings when residents or property owners seek relief from the zoning ordinance. The board was briefed on where authority lies between the zoning officer, the board and the courts; on the different legal standards for bulk (C) and use (D) variances; and on common practical problems that arise in an urban setting such as enforcement of preexisting nonconforming uses and how recent ordinance amendments (including a provision that requires attached garages to be set back five feet from the front building line) change the questions the board now sees from applicants.

Most important points

- Burden…