Limitations of Variances

Because zoning variances may infringe on the rights of neighbors, an applicant is not automatically entitled to a variance. An applicant must meet specific criteria contained in the Municipal Land Use Laws by satisfying specific legal standards of proof. This burden of proof is placed upon the applicant to demonstrate that the requested relief is justified without impinging upon the rights of others. Some items to consider when requesting a variance are special reason, benefits, negative criteria, and hardship.