Protecting Your Land Use Rights
If you are not allowed to use your land as intended, it can create significant problems for you or the business you are representing. In many cases, significant assets have been poured into a property acquisition before discovering that the land cannot be used for its intended purpose. This can be costly if not deadly to an otherwise successful endeavor or to an individual’s finances. We represent a wide range of interested parties in land use and zoning matters, including businesses, developers and homeowners. The legal team at our law firm is well regarded for our ability to challenge municipal zoning regulations and land use restrictions in New Jersey.
At Robert A. Gleaner, P.C., a South Jersey law firm with our primary office in Audubon, we help clients protect their land use. Our attorney, Robert A. Gleaner, works with our entire team to provide comprehensive coverage in land use and zoning cases. In 25 years as a New Jersey law firm, backed by 40 years of legal experience, our team has built a reputation for protecting our clients’ land use rights.
Understanding Land Use And Zoning
Municipalities regulate land development within their borders through land use and zoning laws. Zoning ordinances are common in cities and municipalities throughout New Jersey to create structure and order, as well as control efficiency in land use within the borders of the municipalities. Other forms of land use and zoning tactics include such legal mechanisms as easements, eminent domain and trespassing laws.
Typically, zoning laws create areas within the municipality to regulate where types of properties may be developed, such as residential properties, commercial buildings and industrial zones. Similarly, in areas that are deemed historic in nature or of cultural significance, municipalities may create zoning regulations to preserve the nature of those areas.
What Are The Types And Purpose Of Zoning Regulations?
Municipalities generally seek to create defined zones for the development of different types of properties, to regulate where business, commercial, residential and industrial developments may be constructed. While the types of properties that are regulated may seem self explanatory when viewed by type — as residential areas, commercial zones and industrial zones — zoning laws may include a variety of detailed restrictions regarding the development project, such as:
- Restrictions or specifications related to the categories or nature of the buildings allowed
- Regulations on setbacks
- Restrictions or specifications regarding accessory structures
- Potential size and/or height regulations for structures
- Regulations or restrictions on permissible development within the boundaries of the property
Residential zones may also provide regulations or restrictions related to the nature of the residential property involving single-family homes, multifamily properties, as well as condominiums or town houses.
Contact us to learn more about how we can protect your specific issues related to land use and zoning. We are here to answer any questions you have and to help you understand your options.
Challenging 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 hear 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, you should seek legal counsel before proceeding.
At Robert A. Gleaner, P.C., we know the law, and we know how to work with the boards to acquire variances or whatever is needed for you to use the land the way you need to. While we cannot promise specific results, we can promise to do everything possible to protect your interests.
Contact Our Team For A Free Consultation
We offer legal solutions for a variety of land use and zoning issues. Contact us to learn more about how we protect sellers in a real estate transaction. Call 856-804-1765 or send us a message online.