"Non-permitted uses" are based upon the zoning ordinances established by the Township in accordance with the goals stated in the Wyckoff's Master Plan. A simple definition would be the Board "adjusts zoning" for specific applications, circumstances and pieces of property. Buildings, structures and businesses of various types are limited to specific zones. These zones are regulated with respect to category, nature and extent of use, along with specific plot sizes, required building setbacks, lot coverage and other regulations.
Because zoning variances may infringe on the rights of neighbors, an applicant is not entitled to a variance. An applicant must meet specific criteria contained in State Laws (Municipal Land Use Laws) by satisfying specific legal standards of proof. This burden of proof is placed upon the applicant to demonstrate the requested relief is justified without impinging upon the rights of neighbors. Some items to consider when requesting a variance are:
- Special reasons;
- Negative criteria;
Zoning laws require that notice be served on all property owners within 200 of the applicant's and must be either hand delivered or sent by Certified Mail. The law also requires this notice be published in a local newspaper. These forms of notification alert neighbors that a variance is being requested and advises them of the fact that all interested citizens will be assured an opportunity to witness the presentation of the application and be heard at the regular meeting.