What is a (d.) (2) or variance for the expansion of a nonconforming use?
N.J.S.A. 40:55D-70(d.)(2) Expansion of a nonconforming use. A nonconforming use is one that was a conforming use prior to enactment of a zoning ordinance or prior to a change in an existing zoning ordinance. Such a situation arises, for instance, where an auto repair business is conforming under an existing zoning ordinance but a subsequent amendment changes the district from general business to residential. A (d.)(2) variance would be required before the owner can construct additional garage space to accommodate more cars. By way of further example, consider a business which is located in a conforming three- story building but a zoning amendment later limits building height in that zone to two stories. In this case, the owner of the building would require a (d.)(2) variance to construct a fourth floor. – Last Update: March 11, 2005 which is 1465 days ago.
N.J.S.A. 40:55D-70(d.)(2) Expansion of a nonconforming use. A nonconforming use is one that was a conforming use prior to enactment of a zoning ordinance or prior to a change in an existing zoning ordinance. Such a situation arises, for instance, where an auto repair business is conforming under an existing zoning ordinance but a subsequent amendment changes the district from general business to residential. A (d.)(2) variance would be required before the owner can construct additional garage space to accommodate more cars. By way of further example, consider a business which is located in a conforming three- story building but a zoning amendment later limits building height in that zone to two stories. In this case, the owner of the building would require a (d.)(2) variance to construct a fourth floor. – Last Update: November 3, 2007 which is 844 days ago.