Local zoning ordinances regulate how land can be used. When a proposed use, such as a recycling center in a residential area, is not permitted by the existing zoning, the property owner must first seek administrative relief from the local zoning authority. This is accomplished by applying for a variance or a special exception (also known as a conditional use permit). A variance is a specific waiver from the zoning ordinance, often granted when strict enforcement would cause undue hardship. This is the required initial step before any construction can be planned or legal challenges can be initiated.

A. Obtain a building permit. A building permit authorizes construction, not land use. It cannot be issued for a use that violates the local zoning ordinance.

B. Obtain a modification to the local master plan. Modifying a municipality's master plan is a complex, lengthy public process and is not the standard procedure for an individual property owner seeking an exception.

D. File an appeal with the local court. A court appeal is a remedy of last resort. It can only be pursued after an application for a variance or special exception has been submitted to and denied by the local zoning board.

1. New Jersey Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70(d). This statute grants the municipal Zoning Board of Adjustment the power to "grant a variance to allow a use or principal structure in a district restricted against such use or principal structure." This is the legal basis for seeking permission for a non-conforming use.

2. New Jersey Real Estate Commission, State of New Jersey Real Estate Salesperson and Broker Course Curriculum. Topic VIII, Section B, "Zoning," mandates that the pre-licensure course cover the concepts of "Variances" and "Non-conforming use," identifying this as the proper administrative procedure for dealing with uses not permitted by current zoning.

3. Gormley, W. P., & Salkin, P. E. (2013). Rathkopf's The Law of Zoning and Planning (4th ed.). Thomson Reuters. Section 58:1, "Variances, In General," explains that a variance is the mechanism designed to afford relief to individual property owners from the strict application of a zoning ordinance.