Need Help With A Land Use & Zoning Issue?
Whether you are a business, homeowner or property developer, a land use and zoning attorney can help challenge a municipality’s zoning regulation and land use restriction.
Land Use And Zoning Basics
Land use and zoning laws involve the regulation of the use and development of real estate. Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Since Los Angeles adopted the first zoning ordinance in 1908, zoning regulations have been adopted all across the United States.
What Are Zoning Regulations?
Zoning ordinances divide a municipality into various areas or “zones,” primarily residential, commercial, and industrial districts with the goal being that the use of property within each zone should be reasonably uniform. Within each zone, there generally will be additional restrictions that can be quite detailed — including the following:
- Specific requirements as to the type of buildings allowed
- Restrictions on accessory buildings, building setbacks from the streets and other boundaries
- Size and height of buildings
- Area of permissible coverage over the entire property
Regulations may also restrict areas to single-family homes or to multi-family dwellings or townhouses. In areas of historic or cultural significance, zoning regulations may require that those features be preserved.
Contact us to learn more about how we can protect you through an eviction. We are here to answer any questions you have and to help you understand your options.
Challenges To Zoning Regulations
Zoning ordinances must be reasonable and based on the general concept that a municipality has a need to promote the good of the entire community in accordance with a comprehensive plan.
In New Jersey, each municipality has one or more Boards (typically a Planning and a Zoning Board, or, in some communities, a Joint Land Use Board) that hears appeals from landowners to allow departures from the zoning ordinance, called a “variance.” The standards for granting a variance are set up in the New Jersey Statutes and any applicant must show good reasons to obtain the variance. Given the complexity of zoning law and the unique requirements necessary to establish the need for a variance or even a standard site plan, landowners are ill-advised to try to argue his or her case without legal assistance.
Understanding what’s allowed, the zoning regulations and variances with your property are simply prudent. Avoid unnecessary work by reviewing your projects with an attorney. Contact us to learn more about how we can help you manage your land use. We are here to answer any questions you have and to help you understand your options.