If you have a development project in mind, you may be wondering if local zoning rules reveal a conflict with your plans. As a real estate developer in New Jersey, you are likely to encounter this type of challenge more than once.
New Jersey’s Municipal Land Use Law provides two mechanisms for situations like this: a use variance and a bulk variance. Understanding which one matches your project can save you significant time and money.
Use variance: When your project does not fit the zone
A use variance is invoked when your current zoning district prohibits your proposed use. New Jersey practitioners commonly call this a “d variance,” a reference to N.J.S.A. 40:55D-70(d).
To qualify, you must satisfy two sets of criteria: the positive criteria require you to establish a special reason for granting the variance, while the negative criteria require you to show that your project will not substantially impair the public welfare or the overall zone plan.
Your application is typically presented to the Zoning Board of Adjustment, though Planning Boards may also grant use variances in some cases.
Bulk variance: When your plans push the physical limits
A bulk variance applies when your zoning district permits your intended use, but the issue is that your project fails to comply with the physical or dimensional requirements.
New Jersey practitioners call this a “c variance” under N.J.S.A. 40:55D-70(c), and the standard is less stringent than a use variance. For a c(1) variance, you must demonstrate hardship; for a c(2) variance, you must show benefits without substantial detriment. That distinction can significantly affect your approach and the outcome of your application.
Several dimensional requirements may trigger the need for a bulk variance:
- Minimum lot size
- Building setbacks (front, rear and side yard)
- Maximum building height
- Lot coverage limits
- Parking space requirements
Your application then typically goes before the Zoning Board of Adjustment, though Planning Boards may also grant bulk variances in some cases.
Know which door to knock on before you build
The core distinction is clear: a use variance applies when the zone does not permit your use at all, while a bulk variance applies when the zone permits your use but your project’s dimensions need relief.
Choosing the wrong path can cost you significant time and money. Boards across Monmouth, Ocean and Middlesex counties also vary in how strictly they apply these local zoning standards, which makes local legal guidance an invaluable resource.