Those looking to move forward with a development project are wise to understand the ins and outs of land use and zoning regulations. For property owners and developers in New Jersey, variances play an important role in moving these projects forward even if proposed developments do not comply with existing zoning ordinances.
What is a variance?
A variance is a legal mechanism that allows property owners to deviate from the strict terms of current zoning laws. Municipalities recognize various situations that could warrant a variance, including hardship and benefits to the community. A hardship variance occurs when strict application of zoning laws prevents the reasonable use of the property, often due to unique physical conditions of the land. In contrast, in order to move forward with a variance based on benefits to the community the municipal will generally require the developer show the benefits would “substantially outweigh” any detriments.
It is important to understand that municipalities do not always grant a request for a variance. The application must convincingly demonstrate that it meets the criteria of a variance, such as the two outlined above.
How can I better ensure the municipality approves my request for a zoning variance?
Developers are wise to complete thorough due diligence before and during the application process. This can include:
- Preparation: Gather all necessary documents and plans that detail the proposed development and how it varies from current zoning laws. Build an argument to why this variance is beneficial. This could include that the variance would help to preserve historic properties, develop affordable housing, or enhance local economic development.
- Application: Submit all necessary documents to the local zoning board.
- Hearing: Prepare for the possibility of a public hearing. This could include an opportunity for neighbors and other stakeholders to voice their support or objections.
By effectively demonstrating a need to deviate from the written rule, property owners can successfully obtain the necessary variances. This allows for the development and use of property in ways that might otherwise be restricted, ultimately encouraging development within the community.
