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<br />~ 6.03[1] <br /> <br />ZONING <br /> <br />6-14 <br /> <br />requirements, height limitations, lot-size requirements, density <br />regulations and yard requirements.7o <br />A use variance is much broader in scope as it permits a <br />completely different use of the property from that authorized by the <br />ordinance.70.1 For example, a use variance would permit: an <br />industrial use in a commercial zone or a commercial use in a <br />residential district; a multi-family dwelling in an area zoned for <br />single-family dwelling units; and the extension of a non-conforming <br />use. Occasionally, the distinction between an area and use variance <br />may be less than clear. For example, a variance of parking <br />requirements has been classified as both an area and use variance,71 <br />as has a variance to permit the increase in the floor area of a <br />building.72 <br />Although the respective variances allow different types of <br />changes, they have a common underlying purpose. In essence, a <br />variance is intended to provide relief to property owners who, due <br />to their unique circumstances, would face practical difficulties or <br />unnecessary hardship from the application of the controlling zoning <br />ordinance.73 In theory, however, variances are not meant to <br />authorize wholesale departures from the intent of the local zoning <br />ordinance.74 The theory is undercut by actual practice, where <br />variances are granted frequently, often without regard for the <br />objectives of the ordinance.75 <br /> <br />70 For discussion and compilation of variance cases, see 3 Rathkopf, The Law of <br />Zoning and Planning ch. 38 (4th ed. 1985). <br />70.1 Jayber, Inc. v. Municipal Council, 569 A.2d 304 (N.J. App. 1990) (use <br />variance should be granted for congregate care senior citizen housing since it <br />advanced the public welfare and did not have an adverse traffic or intensity impact on <br />the surrounding community). <br />71 Area: Association for Preservation of 1700 Block of N St. v. Board of Zoning <br />Adjustment, 384 A.2d 674 (D.C. App. 1978); Use: Murphy v. Kraemer, 16 Misc. 2d <br />374, 182 N.Y.S.2d 205 (1958). <br />72 Area: Pardfield Road Co. v. Bronxville, 1 N.Y.2d 841, 153 N.Y.S.2d 221, 135 <br />N.E.2d 725 (1956); Use: Ennis v. Crowley, 12 App. Div. 2d 999, 211 N.Y.S.2d 500 <br />(1961). <br />73 E.g., Township of W. Deer v. Bowman, 17 Pa. Commw. 579, 333 A.2d 792 <br />(1975). <br />74 Strange v. Board of Zoning Appeals, 428 N.E.2d 1328 (Ind. App. 1981); <br />Graziano v. Board of Adjustment, 323 N.W.2d 233 (Iowa 1982). <br />75 D. Hagman, Urban Planning and Land Development Control Law 196-206 <br />(1971). <br />