Burbridge v. Governing Body

The opinion of the Court was delivered by

CLIFFORD, J.

This appeal focuses on the special reasons and negative criteria that guide a zoning board’s consideration of an application for a variance under N.J.S.A. 40:55D-70d. The variance in question sought expansion of a pre-existing nonconforming use of the applicant’s property for commercial purposes in a residential zone.

Specifically, the variance, which was granted by the municipal zoning board of adjustment, allowed the applicant to expand the bounds of his automobile junkyard-storage area, which is one component of his auto salvage, repair,…