Land Use & Zoning
A 'variance by reason of hardship' in NJ MLUL requires the applicant to prove all of the following EXCEPT:
AThe property has some exceptional characteristic
BStrict application of the ordinance would result in exceptional or undue hardship
CThe variance can be granted without substantial detriment to the public good
DThe applicant cannot afford to build without the variance✓ Correct
Explanation
A bulk (hardship) variance requires exceptional property conditions, proof of undue hardship from strict application, and that the variance won't harm the public good or zoning plan. Financial inability is not a legal hardship basis for a zoning variance.
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