Land Use & Zoning
In New Jersey, an application for a 'd(1)' use variance (a use not permitted in the zone) is decided by the:
APlanning Board
BZoning Board of Adjustment✓ Correct
CCounty Planning Board
DNJDEP
Explanation
Under the NJ MLUL, 'd' variances—including use variances for uses not permitted by right in the zone—are granted by the Zoning Board of Adjustment, not the Planning Board. These require a special showing of positive and negative criteria.
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