October 5, 2011

The two things that. must be proven for a "d” variance are the positive criteria, sometimes called special reasons, and the negative criteria. ‘There are three ways of proving the positive ‘criteria (special reasons): , L "special r - Occasionally, an application for.a 'd" variance is for ause.that, inherently-serves the. ee good. Examples are schools, hospitals, mt plant Because such: a use is gener Wore, te positive be Satisfied, yen if ‘the; us Rarely, spéciat reasoiis. economic inutility can. b ens the any | to. make f isfic Jif ‘undae atds ip Or = un aportant to point out that e use will nat xt aa encourage” municipal action to guide the’ appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals and geréral'welfare;” If number 1 or number 2 above have not been proven, then the applicant must prove that the genéfal welfare ‘will bé pfonioted because the proposéd:site is particularly-siiitable for th proposed usé. ‘Of coprse’ other:8pecial ‘reasons should also be prover. The-Supremé Court discusses’ mg at Yeripth-in two-cases,"Kohl v, Council ‘of: ferowr, 30 N.J, 268 (1967) and Medici v, BPR Co., 107:-N.J. 1 (1987).~ Tf the pésitive criteria (special reasons) ‘has not been proven, the applicant is not entitled to a’vatiatice. “If it‘has béen*préven, then the applicarit must also prove the negative criteria. The. negative criteria has, two parts. “Both of them 1 mus 1 2. ‘The use shall not be substantially. detrimental to the public good. The use shall not substantially impair the intent and purpose of the zone Plan and zoning | ordinance. ; 3 ¥ i i i : { 6