Crestmont Country Club Nishuane Planner Report 6 21 2024

June 21, 2024 Page 8 of 10 ZB-24-07 750 Eagle Rock Avenue Block 174, Lot 1.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Standards for Granting Variance Relief D – (Use) Variances The MLUL (Municipal Land Use Law) at N.J.S.A. §40:55D-70d sets forth the standards for variances from the regulations pursuant to Article 8 of this act. A D-Variance is warranted to permit: 1) a use or principal structure in a district restricted against such use or principal structure, 2) the expansion of a nonconforming use, 3) deviation from a specification or standard pertaining solely to a conditional use, 4) an increase in the permitted floor area ratio, 5) an increase in the permitted density (except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots either isolated undersized lot or lots resulting from minor subdivision) or 6) a height of a principal structure which exceeds by 10 feet or 10%, the maximum height in the district for a principal structure. A D-variance may be granted where the applicant shows to the satisfaction of the Board, that “special reasons” exist to warrant the granting of the variance. Special reasons may include that the use is inherently beneficial, that the property owner would suffer undue hardship if required to use the property in accordance with the permitted uses and standards for the zone, or that the site is particularly suited for the proposed use and thereby promotes the general welfare. The applicant must also demonstrate that the requested relief will not result in any substantial detriment to the public good, nor substantial impairment to the zoning ordinance or zone plan. A variance under this subsection is granted only by affirmative votes of at least five members. C - (Bulk) Variances The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a

Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance – The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment and that the variance will not substantially impair the intent an purpose of the zone plan and zoning ordinance. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant of the property owner.