Understanding Zoning Variances in New Jersey: What Homeowners Need to Know
If you’re a homeowner in New Jersey thinking about a renovation, addition, or even building a new home, you may run into the phrase “zoning variance.” It sounds technical, but it simply means asking your town for permission to do something that doesn’t strictly fit the zoning rules on your property.
At John James Architecture, we guide clients through this process all the time. Our firm has experience receiving variances in a variety of towns throughout New Jersey including Summit, Millburn / Short HIlls, Maplewood, Chatham Township, Chatham Borough, Madison, New Providence and South Orange. Here’s what you need to know about how zoning variances work under New Jersey law.
Where the Rules Come From
All zoning rules in New Jersey stem from a state law called the Municipal Land Use Law (MLUL). Section 40:55D-70 spells out exactly how variances work. It gives each town’s Zoning Board of Adjustment the power to grant relief when a project doesn’t fit the zoning ordinance.
Two Main Types of Variances
1. “C” Variances (Bulk Variances)
A C variance applies when you want to adjust the physical requirements for your lot or house. Examples include:
Building closer to the property line than allowed (setback relief)
Adding a dormer that makes your house slightly taller than the height limit
Exceeding the maximum lot coverage with a new patio or pool
Exceeding the maximum building coverage by expanding the footprint of your house above the maximum allowed in your zone
What the Board Looks At:
You must show that your property has unique conditions (like an irregular lot shape or slope) that make it difficult to follow the rules exactly—or that the benefits of the change outweigh any drawbacks.
Voting Requirement:
C variances only need a simple majority of the Zoning Board members present to be approved.
2. “D” Variances (Use Variances)
A D variance is more serious. It’s needed when you want to use your property in a way the zoning code doesn’t normally allow. Examples include:
Exceeding the maximum allowable square footage allowed on the property (the FAR or Floor Area Ratio)
Creating a house which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
Turning a single-family home into a two-family
Building a new use in a zone that doesn’t permit it (say, a small business in a residential neighborhood)
Expanding an existing non-conforming use
What the Board Looks At:
You must prove “special reasons” why the use should be allowed, and you must also show it won’t harm the neighborhood or conflict with the town’s master plan.
Voting Requirement:
D variances are harder to get—by law, they require a supermajority vote (five out of seven members) of the Zoning Board. In other words, you can’t get approved with just a slim majority.
Why This Matters for Homeowners
C variances are common for residential projects—think decks, additions, or modest expansions. The approval process is manageable if your request is reasonable and well-documented.
D variances are much less common for homeowners, and they can be time-consuming and costly. They often involve attorneys, planners, and expert testimony.
Zoning Variance Approval Process
The process of a receiving variance approval typically adds 3-4 months to the design schedule. John James Architecture will take care of this process for you to ensure our application is well positioned for approval. These are the key steps that every variance application must go through in order to receive approval.
Application submitted to town zoning official to review the request variances and confirm the submission is complete. It typically includes a site plan, existing / proposed architectural floorplans and elevations of the facade, zoning spreadsheet listing the zone requirements, the existing figures as well as the proposed figures, application fee (which is often determined by the number of variances requested)
Application deemed complete and scheduled for a hearing date.
Notices sent out ot neighbors, typically within 200 ft of the property. The notices are typically required to be sent out a minimum of 2 weeks before the hearing date.
Presentation to the zoning board.
Memorialization of approval (if received) during the following zoning board hearing (typically a month later. The memorialization is a legal description of the approval that becomes adopted as law.
Once the memorialization is received and the permit drawings are complete, the contractor can apply for the permit in order to construct the approved project.
How We Help
As residential architects, we don’t just design beautiful homes—we help you navigate the rules that make those homes possible. If your project requires a variance, we’ll:
Review your zoning code in detail
Advise whether you’re likely facing a C or D variance
Prepare clear plans that strengthen your case before the Board
Prepare your zoning application and submit it to the zoning officer.
Prepare notices and send them out to the neighbors required to be notified.
Work with any hired consultants (often a civil engto make the approval process as smooth as possible
Final Word
A zoning variance isn’t something to fear—it’s simply the state’s way of allowing flexibility for unique properties and reasonable homeowner projects. The key is knowing whether your request falls under the C or D category, and what kind of Board approval you’ll need.
At John James Architecture, we help clients not only design the home they want but also secure the approvals to make it a reality. If you are considering a project and are concerned it may required a variance, don’t hesitate to reach out to our firm (contact@johnjamesarchitecture.com to schedule and initial intro call to discuss your project.