The Zoning Board of Adjustment (ZBA) is the body that is authorized to grant variances (relief) for:
The first point of contact with the municipality is generally the Zoning Officer. He or she should be able to offer preliminary guidance about the potential of your project’s meeting the local zoning code. The most important question is: “Is your proposed use permitted in the zoning district in which your lot is situated?” Many municipalities have their zoning maps and ordinances available on the municipal website, or can be inspected at the office of the Municipal Clerk.
Gaining approval for a project whose use is not permitted is one of the most difficult hurdles to achieve. You will need to obtain a “use variance” which is commonly referred to as a “d variance.” To do so you must be able to prove that your project will not cause any detriment to its neighborhood and that it fits within the general purposes of planning as set forth by the State of NJ and the approved Master Plan of the Municipality. If this is you, it is advisable to consult with an experienced professional who specializes in land use matters – engineers, planners, architects, and an attorney.
Your project may require other variances, commonly called bulk or “c” variances. The zoning board may approve c (1) variances, which are related to the unusual shape, topography or physical features on a lot and are often referred to as hardship variances. The zoning board may also grant c (2) variances, when it believes that the purposes of the Municipal Land Use Law would be advanced by the proposed deviation from the strict standards of the zoning ordinance. Generally, the zoning board will be reviewing these types of variance with regard to one- and two-family dwellings. The zoning board only hears site plan and subdivision applications when a “d” variance is required. Such an application may include requests for both “c” and “d” variances.