The Zoning Board of Adjustment reviews applications which propose to utilize property in a manner not consistent with municipal zoning laws. They review applications for variances which are, essentially, non-permitted uses and the Board of Adjustment is empowered to grant exceptions to the zoning ordinances in cases where the literal and rigid interpretation and enforcement of the zoning laws would work hardship or injustice.
These “non-permitted uses” are based upon the zoning ordinances established by the Township in accordance with the goals stated in the municipalities’ Master Plan. A simple definition would be the Board “adjusts zoning” for specific applications, circumstances and pieces of property. Buildings, structures and businesses of various types are limited to specific zones. These zones are regulated with respect to category, nature and extent of use, along with specific plot sizes, required building setbacks, lot coverage and other regulations.
In certain situations applying a municipalities zoning ordinance is not just. The injustice could deprive you the landowner your rights under the US and State Constitutions. To avoid that, the Municipal Land Use Law provides the Zoning Board with the power to provide (variances) to adjust the regulations, consistent with fairness or good planning principles. Contact us today if you are getting ready to explore new use and/or development of your land. Our experienced attorneys will help guide you through this process.