MLUL Board of Adjustment Variance Powers (c/d Variances)

N.J.S.A. 40:55D-70

Defines the powers of the municipal zoning board of adjustment under the Municipal Land Use Law, including authority to grant 'c' variances under subsection (c) — c(1) hardship variances and c(2) flexible-c (benefits-outweigh-detriments) variances — and 'd' variances under subsection (d), covering use variances, expansion of a nonconforming use, deviation from conditional-use standards, increases in permitted floor area ratio or density, and height exceeding the district maximum by 10 feet or 10%. A 'd' variance requires the affirmative vote of at least five members of a municipal board, and no variance may be granted without a showing that it can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.