October 5, 2011

~"C" Variance , There are two kinds of "c” variances, called c-1 and c-2. Both must apply to a specific piece of property. A c-l variance is sometimes called the hardship variance. The applicant must prove hardship as outlined in the Municipal Land Use Law at 40:55D-70c(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or or physical features uniquely ee ae specific Piece of = piece a praperty or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of this act [40:55D-62 et seq.] would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship ie developer of, such property, grant, upon an application or an appeal [0 such } ‘property, a Variance from such strict application of such regulation elieve such difficulties or hardship; A judge explained, in'a case, what he felt should be considered. when deciding hardship. He said, “whether the restriction, viewing the property in the setting of its environment, is so.unreasonable as to constitute an arbitrary and capricious interference with the basic right-of private property.” If hardship is not proven, the applicant is not entitled to a variance. If hardship is proven, the applicant must also show that such relief from the zoning ordinance will not be substantially detrimental to the public good and will not substantially impair the intent and purpose of the zone plan ‘and zoning ordinance. This second criteria is called the negative criteria. Proof.of hardship is not-necessary-for-a ¢-2 variance (see 40:55D-70c(2)). Two things must be proven.to receive approval fora c-2, An applicant must show that the purposes of the Municipal .Land-Use Law.(40:55D-2) would be advanced by a deviation from the, zoning ordinance requirement and secondly, that-the variance can be granted without substantial detriment to the public good: and without substantial impairment of the:intent and purpose 6f the zone pian and zoning ordinance-(négative criteria). The purposes of the Municipal Land Use Law (40:55D-2) are: a ‘To encourage municipal action | to guide the appropriate ‘use or development of all Jands in this State, in a manner which will promote the public health, safety, morals, and general welfare} b. - To secure

urage municipal action | to guide the appropriate ‘use or development of all Jands in this State, in a manner which will promote the public health, safety, morals, and general welfare} b. - To secure safety fromi fire, flood, panic and other natyral and manmade disasters; To provide adequate light, air and open space; --: To ensure that the development of individual municipalities does not conflict with | the development ‘and general welfare of neighboring municipalities, the county and the State as a whole; e. To promote the establishnient of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, pp