New Jersey Zoning, Planning And Land Use Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
17 legal questions have been posted about zoning, planning and land use by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
New Jersey Zoning, Planning And Land Use Questions & Legal Answers
Do you have any New Jersey Zoning, Planning And Land Use questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 17 previously answered New Jersey Zoning, Planning And Land Use questions.

Recent Legal Answers

You may be out of time to file this litigation.  There is something called the Statute of Limitations that bars claims that are too old.  It begins when you knew, or should have known about the issue.  If there was some reason you did not know there was an issue until just recently, or something else that bars the Statute, then you may still be able to bring a claim. ... Read More
You may be out of time to file this litigation.  There is something called the Statute of Limitations that bars claims that are too old. ... Read More

changing districts

Answered 8 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
There are certain school districts that enter into send/receive agreements with neighboring districts to allow staudents from one district to go to another district.  Hwoever, this is something that has to be arranged with the districts involved.  
There are certain school districts that enter into send/receive agreements with neighboring districts to allow staudents from one district to go to... Read More
You should call the board secretary and ask if there are any lawyers that appear before the board on a regular basis.  You probably want to hire someone that the board is familiar with, and has a certain level of trust and respect for.  If the board secretary won't tell you, often the minutes of the meeting can be found online and you can scan through and see the lawyers that are appearing before the board. ... Read More
You should call the board secretary and ask if there are any lawyers that appear before the board on a regular basis.  You probably want to hire... Read More
  Address: 60 Ridge Rd, North Arlington, NJ 07031 Phone: (201) 991-3222  
  Address: 60 Ridge Rd, North Arlington, NJ 07031 Phone: (201) 991-3222  
First you should determine if that use is allowed in the zone in which the property is located.  If it is, then you have to get the proper permits to do the renovation work if any is necessary and get approval for rental.  If it is not permitted in the zone, you will first have to get zoning approval, which is more difficult, because you will need a use variance.  ... Read More
First you should determine if that use is allowed in the zone in which the property is located.  If it is, then you have to get the proper... Read More
When looking for a land use attorney, I always find it helpful to find the person tat appears most often in front of the Board of Adjustment or Planning Board.  That attorney will be familiar with all of the town officials, know how those officials like to have things done, and will be able to give you the best advice.  Many times you can look on line at the minutes of the meetings, and see what attorneys are appearing.  Find one whose name comes up frequently, and call that attorney.  If you are asking about a town in Ocean County, call my office and I may be able to assist you. ... Read More
When looking for a land use attorney, I always find it helpful to find the person tat appears most often in front of the Board of Adjustment or... Read More
You can always appeal the decision of the Board to the Superior Court.  You can file a complaint in the Superior Court alleging that the decision was not proper and seek to have it overturned.  You need to consult with a land use attorney and review the transcript and informaiton presented to the board to determine if you have a viable case.... Read More
You can always appeal the decision of the Board to the Superior Court.  You can file a complaint in the Superior Court alleging that the... Read More
You should contact the code enforcement officer in the town you live and demand that the construction be stopped until the proper permits are issued. Some work does not require permits, but that's usually just interior work.  If a store is being bilt, zoning a building department permission is required. ... Read More
You should contact the code enforcement officer in the town you live and demand that the construction be stopped until the proper permits are issued.... Read More
You should probably look for a land use lawyer who can try to force the municipal government to do what is necessary and clean up the property.  Many times the municipality will cite a property for not being in compliance with the code requiring the grass to be cut, or trash on the property and then if the homeowner does not clean it up, the town cleans it up and charges the home owner.  If the homeowner does not pay, they put a lien against the property.  you want a land use lawyer who will tell the town this is their responsibility. ... Read More
You should probably look for a land use lawyer who can try to force the municipal government to do what is necessary and clean up the property. ... Read More

Is a use variance required?

Answered 11 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer
you will not require a use variance because you are going back to the use that is allowed in that zone.  the use variance you had was for the commercial use, and if you go back to residential use you are "abandoning" the commercial use and returning to the permitted use.
you will not require a use variance because you are going back to the use that is allowed in that zone.  the use variance you had was for the... Read More
Yes. You have the right to appeal to the NJ State Superior Court. I would need much more detail to evaluate your chances of success.
Yes. You have the right to appeal to the NJ State Superior Court. I would need much more detail to evaluate your chances of success.
You have to go to the hearing and voice your objections. You may want to hire an attorney to represent you and have the attorney talk to the town.  Perhaps other neighbors also want the attorney to represent them.  If you don't hire an attorney put your concerns in rewriting as an objection and go to the hearing. ... Read More
You have to go to the hearing and voice your objections. You may want to hire an attorney to represent you and have the attorney talk to the town.... Read More
A buyer can make application for a variance and the purchase can be contingent on obtaining the variance.  The potential buyer will still have to meet the applicable criteria, and if the variance is denied, can get out of the purchase contract. 
A buyer can make application for a variance and the purchase can be contingent on obtaining the variance.  The potential buyer will still have... Read More
I don't see why it would not be legal.  The only thing I can think of is if the town in which you live declares your fence with the words painted on it to be a "sign" and then you have to conform with the sign ordinance.  Otherwise, I think it would be protect free speech to paint bible verses on your fence. ... Read More
I don't see why it would not be legal.  The only thing I can think of is if the town in which you live declares your fence with the words... Read More
It is a little difficult to figure out exactly what is happening from your description.  I would think the fist step for you would be to contact your local police department and code enforcement officer to determine if the handicap space was properly placed.  A designated space cannot block access to your driveway and cannot encroach onto your property.  It is possible that the space was not properly measured or located. ... Read More
It is a little difficult to figure out exactly what is happening from your description.  I would think the fist step for you would be to contact... Read More
You will have to start by looking at what your town defines as a "kennel" and if you meet that definition, then you are a kennel according to the town.  If you on't meet the definition, talk to the code enforcement officer.  Maybe this is being pushed on you because of some one complaining about noise or something else.  ... Read More
You will have to start by looking at what your town defines as a "kennel" and if you meet that definition, then you are a kennel according to the... Read More
this is s complicated question and your rights will depend on some facts that are not present in your question.  Do the existing homes on the site utilize the pump station?  I'm assuming it is all connected to the municipal sewer system.  Do municipal employees access the station via you property?  Was the agreement you had with the builder reduced to writing?  Was it a specific dollar amount?  If there is a specific dollar amount you are owed, you need to protect that interest by filing some kind of lien against the property, or against future development.  Feel free to contact my office so we can have one of the attorneys speak to you. ... Read More
this is s complicated question and your rights will depend on some facts that are not present in your question.  Do the existing homes on the... Read More