Coventry Square, Inc. v. Westwood Zoning Board of Adjustment

The opinion of the Court was delivered by

GARIBALDI, J.

In this appeal, we establish the standards for granting a variance for a “deviation from a specification or standard * * * pertaining solely to a conditional use” under N.J.S.A 40:55D-70d(3), of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -133. In so doing, we discuss the criteria an applicant must demonstrate to receive an N.J.S.A 40:55D-70d(3) variance. Those standards reflect the fact that a conditional use is neither prohibited throughout the zone nor permitted at every location in the zone: rather, it is permitted at those…