481 Eagle Rock Ave ZB 24 11 Planning Review October 8 2024

13 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 however, that the MLUL includes all the zoning purposes listed in N.J.S.A. 40:55D- 2, not only the promotion of the general welfare. Therefore, each of these listed purposes may support an application for a “d” variance If determined by the Board to require a D2 Variance – Expansion of an existing non-conforming use. In the case of a D2 variance, the Board has the power to grant the expansion of a lawfully created pre-existing nonconforming uses in particular cases and for special reasons. Because the use is lawfully pre-existing, the applicant shall show the positive criteria related to the advancement to the Municipal Land Use Law, but does not need to demonstrate suitability, as the use already exists. In Burbridge v. Mine Hill, the Court noted that applications to expand lawfully created preexisting nonconforming uses offer boards opportunities to impose conditions, frequently aesthetic, which will help integrate the use with its surroundings, an especially important consideration for uses which are thriving and therefore not likely to end soon. In addition, a showing of the Negative Criteria is necessary to obtain a “d” Variance. The applicant must still demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance.