What is a “d” Variance and How Can You Obtain One?
The City of Summit, similar to other municipalities in New Jersey, has a wide range of zoning districts that are zoned for different types of uses. Some areas are zoned for residential use and others for business use. Within those broader zoning district categories, specific areas are zoned for single-family or multi-family residential use, for example, or for neighborhood businesses versus the central retail business district zone. Certain areas are also zoned for public lands and golf. When a developer wants to build a new structure for use in a way that the area is not zoned, or to repurpose existing property for use in a way that the area is not zoned, it will be necessary for that developer to obtain a variance.
Whether you are planning to build an entire complex that includes both business and residential properties in an area that is not currently zoned for such use, or you currently want to convert your residence to a business, you will likely need to obtain a “d” variance. What is a “d” variance and what steps will you need to take to obtain one? Our Summit land use lawyer can tell you more.
What is a “d” Variance?
There are different types of variances that can be granted to applicants who want to make various types of changes to properties in New Jersey municipalities. Sometimes a property owner wants to add something to their property or renovate, while in other circumstances, a property owner may want to use a property in a way that the area is not zoned for. In the latter situation, the property owner will likely need to obtain a “d” variance. This type of variance is named as such because it is permitted under New Jersey Rev Stat 40:55D-70(57)(d) — that last “d” is a specific section in the New Jersey Municipal Land Use Law (MLUL) that allows for this type of variance.
The statute specifically says that, “[i]n particular cases [and] for special reasons,” a party can receive “a variance to allow departure from [zoning] regulations” to allow for the following:
- a use or principal structure in a district restricted against such use or principal structure; or
- an expansion of a nonconforming use.
In effect, this type of variance can allow for a zoning district to be used differently from how it was intended. There are also other variances that are permitted under this section.
Obtaining a “d” Variance
In order to obtain a “d” variance, you will need to go before the City of Summit Zoning Board.
Unlike other types of variances, this type of variance, a “variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board.”
Contact Our Summit Land Use and Lawyers for Assistance with Your Variance Application and Zoning Board Case
Do you have plans that would require rezoning, or using property in a zoning district for a manner in which it is not currently zoned? You will most likely need to obtain a variance, and as we have discussed above, the process can be complex. Given that “d” variances tend to be harder to obtain than other kinds of variances, it is more important than ever to seek advice from one of the experienced Summit land use and zoning attorneys at Dempsey, Dempsey & Sheehan. We can learn more about your development plans and can help you to seek the zoning variance you need in order to get your project underway. Contact us today to ask any questions you have and to begin working on your case.
Sources:
law.justia.com/codes/new-jersey/2009/title-40/40-55d
law.justia.com/codes/new-jersey/title-40/section-40-55d-70/
