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. 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.
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.
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 multifamily 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.
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.