A variance is an approved departure from the normal requirements imposed by the local zoning ordinance. A variance is needed if construction, alteration, or occupancy of a structure will result in a violation of zoning requirements.

An application for a variance will be reviewed by the Department of Community Development and referred for approval or denial to the Zoning or Planning board.

Types of Variances

"c" VARIANCES (BULK)
Filed when an applicant seeks an exception to the strict application of the Zoning Ordinance. Bulk variances are filed for the following reasons:

• Exceptional narrowness, shallowness, or shape of a specific piece of
  property
  
• Exceptional topographic condition
  
• Physical features which prohibit construction if strict adherence to the Zoning
  Ordinance is applied.

The applicant must provide proof that strict adherence to the Zoning Ordinance would create exceptional practical difficulties and undue hardships. The granting of a "c" Variance requires the affirmative votes of a majority of members present.

"d" VARIANCES (USE)
Filed by an applicant for one of the following reasons:

• To construct or create a use or principal structure in a Zoning district that has
  restrictions against such use or principal structure
  
• To expand a non-conforming use
  
• To deviate from a conditional use requirement
  
• To increase the permitted floor area ratio (FAR) in a specified Zoning District.

The applicant must demonstrate that special reasons exist for the granting of the variance and that same would not result in significant detriment. The granting of a "d" Variance requires the affirmative votes of at lease five members of the Zoning Board of Adjustment.

Some Examples of "c" Variances

CASE 1
Suppose a homeowner wishes to build an addition to the rear of the house. Now, the Township Zoning Ordinance regulates minimum setbacks and, in this example, requires that there must be at least 25 feet from a structure to the rear property line. In this case, the proposed addition would only be setback 20 feet from the rear line. Therefore, the homeowner must apply for a "c" Variance.

CASE 2
The owners of a corner property wish to construct a fence six feet high around the property. The Zoning Ordinance regulates fence height and location. Fences may not exceed six feet in height, nor be placed closer than 35 feet from the street right-of-way if the height exceeds three feet. However, the proposed fence would be 20 feet from the right-of-way of the street. Therefore, a "c" Variance must be obtained.

Some Examples of "d" Variances

CASE 1
A doctor wishes to practice out of his home which is in a residential zone. The Zoning Ordinance prohibits businesses in such a zone. Therefore, a "d" Variance is needed.

CASE 2
A retailer wishes to open in an office zone. The Zoning Ordinance prohibits this. Therefore, a "d" Variance is needed.

CASE 3
A business owner in a business zone is looking to expand parking and has found an adjacent property for sale in a residential zone. The business owner wishes to convert the lot for parking. Parking lots are not permitted in a residential zone. Therefore, a "d" Variance is needed.

Other Types of Applications

"a" - APPEALS
Filed when the applicant alleges that there is an error in any order, requirement, decision, or refusal made by the Zoning Officer in enforcing the Zoning Ordinance.

"b" - INTERPRETATIONS
Filed when an applicant requests an interpretation of the Zoning Map or Zoning Ordinance.

How to Begin

If you plan to construct, replace, or alter a structure, then you must visit the Township Department of Community Development. Bring a copy of a survey with the addition sketched in, or a plot plan showing the new structure. The distance from the structure to front, rear, and side property lines must be shown.

The Department will review your plan and tell you if a variance is required. If so, you may ask for a variance application and proceed with it as necessary.

If you plan to establish any use of a property or expand a nonconforming use then you must inquire of the Zoning Officer in the Department of Community Development. You will be told whether or not a variance is needed. If so, you may ask for a variance application and proceed with the application.

Effect of Variances

If a variance is obtained, a Zoning Approval would be issued. Then, building permits and/or certificates of occupancy may be obtained from the Township Department of Code Enforcement. These documents will allow construction or occupancy to commence.

Variances run with the land. This means that a variance will continue in effect as ownership of the property or business changes. However, the new owners must adhere to the terms and conditions of the original variance granted and obtain all other necessary approvals and permits as required by law. If a use permitted by variance is abandoned, then the variance ceases.

For further information, consult the Zoning Board Secretary, Cherry Hill Township, 820 Mercer Street, Cherry Hill, NJ 08002. Tel: (856) 488-7870; Fax: (856) 661-4746.