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December 10, 2014 I Volume 8 I Issue 23 Zoning Bulletin <br />authorization for the use of land for a purpose "otherwise not allowed <br />or . . . prohibited" in the zoning district; it defines an "area variance" <br />as an authorization to use land "in a manner which is not allowed by the <br />dimensional or physical requirements" of the zoning regulations. The <br />court found that "off-street parking requirements, while differing <br />depending on use, regulate how the property's area may be developed, <br />akin to minimum lot size or set -back restrictions." Accordingly, the <br />court concluded that "area variance rules apply to requests to relax off- <br />street parking requirements so long as the underlying use is permitted in <br />the zoning district." "Use variance rules," said the court, "prevail only <br />if the variance is sought in connection with a use prohibited or otherwise <br />not allowed in the district." <br />In this case, the Applicants had applied for an off-street parking vari- <br />ance in connection with a change in the storefront's use from a retail <br />gift shop to a restaurant. Because both uses were permitted in the zon- <br />ing district, the court concluded that the Board had properly considered <br />the application as a request for an area variance. <br />See also: Overhill Bldg. Co. v. Delany, 28 N.Y.2d 449, 322 N.Y.S.2d <br />696, 271 N.E.2d 537 (1971). <br />See also: Off Shore Rest. Corp. v. Linden, 30 N.Y.2d 160, 331 <br />N.Y.S.2d 397, 282 N.E.2d 299 (1972) (overruled by this decision). <br />Case Note: <br />The court's decision here overruled its previous decision in Off Shore Rest. <br />Corp. v. Linden, 30 N.Y.2d 160, 331 N. Y.S.2d 397, 282 N.E.2d 299 (1972). <br />Freedom of Speech/Signs— <br />Township ordinance bans <br />electronic multimessaging <br />billboards <br />Commercial property owner argues <br />ordinance violates constitutional free speech <br />rights <br />Citation: E & J Equities, LLC v. Board of Adjustment of Tp. of <br />Franklin, 437 N.J. Super. 490, 100 A.3d 539 (App. Div. 2014) <br />NEW JERSEY (10/17/14)—This case addressed the issue of whether <br />a township ordinance prohibiting electronic multimessaging billboards <br />6' © 2014 Thomson Reuters <br />