Under what condition can the zoning board of adjustment grant a permit for a structure within a public street?

The zoning board of adjustment can grant a permit for a structure within a public street primarily under the condition that the development cannot yield a reasonable return. This principle aligns with New Jersey's zoning laws, which provide for variances when a property owner can demonstrate that strict adherence to zoning ordinances effectively deprives them of all reasonable use of their property. In such cases, if the proposed development is the only viable option that would allow the property owner to realize a return on their investment, the board may permit the deviation from standard zoning regulations, including permission to build within a public street.

In contrast, obtaining written agreement from the governing body or ensuring that traffic flow remains unaffected are not standalone conditions for granting such permits. There may also be instances where a variance is necessary, but simply applying for a variance does not automatically grant permission to build. Each case is evaluated on its merits, particularly based on the ability to generate a reasonable return.