Variances, Subdivisions & Zoning
Our office can help you obtain the necessary variances for construction. To maximize the probability of obtaining variances, we will work closely with the architect, planner, and engineer involved on the project. Testimony must be carefully crafted to meet the applicable burden of proof to obtain a variance.
What Does the Zoning Board Do?
Each town has its own Zoning Board of Adjustment, which reviews applications to use property in a manner not consistent with municipal zoning laws. The Zoning Board of Adjustment is empowered to grant exceptions to the zoning ordinances in cases where the literal and rigid interpretation and enforcement of the zoning laws would work hardship or injustice. These "non-permitted uses" are based upon the zoning ordinances established by the particular township or borough.
Because zoning variances may infringe on the rights of neighbors, an applicant is not automatically entitled to a variance. An applicant must meet specific criteria contained in State Laws (Municipal Land Use Law) by satisfying specific legal standards of proof. This burden of proof is placed upon the applicant to demonstrate the requested relief is justified without impinging upon the rights of neighbors. Some items to consider when requesting a variance are special reasons, benefits, negative criteria, and hardship.
Zoning laws require that notice be served on all property owners within 200' of the applicant's property and must be either hand delivered or sent by Certified Mail. The law also requires this notice be published in a local newspaper. These forms of notification alert neighbors that a variance is being requested and advises them of the fact that all interested citizens will be assured an opportunity to attend and be heard at the public meeting.
A Zoning Board meeting is a formal meeting where action is taken. Applicants and witnesses are sworn, and the meeting is recorded on tape. Individuals have a choice of either presenting their own application before the Board or being represented by an attorney. All corporations MUST be represented by an attorney.
Useful Zoning Links
- Search a Town's Ordinance
http://www.garlic.com/~kpranger/states/njcodes
