FG Law Blog

Zoning and Land Use Laws Vary from Municipality to Municipality.

Before starting a real estate or land development project at your South Jersey home or business location, it is essential to understand the basics of municipality land use laws.

In New Jersey, every municipality is allowed to adopt its own building and land use laws within their municipal boundary lines. Therefore, whether you live in Princeton, Haddonfield, Marlton, Cherry Hill, Mount Laurel or any one of more than 100 South Jersey municipalities, the local zoning and land use laws that define how your property can be used differ.

As a property owner, you must abide by the zoning and use laws of your town.  If you want to develop property, establish a business, add an addition onto your home, or make other alterations to your property that does not adhere to the rules, you may be required to obtain a zoning variance or waiver.

Land use laws were created to prevent new real estate development from harming existing residents or businesses, and to enable municipalities to build their communities responsibly. Zoning laws were created to protect the health, safety, and general welfare of the people as it relates to how land is used.

In addition to these laws, in some areas of New Jersey, homeowners may need to work with the New Jersey Pinelands Commission, an independent state agency whose mission is to protect the resources of the Pinelands National Reserve. The Commission has a set of rules that guide land-use and development in the Pinelands area throughout Burlington, Camden, and Atlantic Counties.

In this article, I will break down zoning and land use terminology and provide tips that may help you navigate your municipality’s zoning laws. However, given the complex issues of zoning and land use laws as they vary from town to town, the potential to appear before a planning board committee, the complexity of the New Jersey Pinelands Commission and additional variables, you may want to consider engaging the services of a real estate attorney with zoning and land use experience to assist you in navigating the possibly complicated process.

Flaster Greenberg’s New Jersey real estate attorneys have comprehensive experience dealing with the intricacies of the NJ Pinelands Commission; land use development, acquisition, and approvals; leasing and financing of a wide variety of ground, retail, office, and industrial leases; applying for use variances, bulk variances, and site plan approvals; and land title matters including deeds, easements, restrictive covenants and more.

Terminology You Should Know

What is Zoning?

Zoning is the legislative process for dividing land into zones for different uses. Zoning prevents the different zones from encroaching on each other.  Zoning laws are the rules about how you can use a piece of land or property, as well as the maximum size or occupancy allowed on it and other specifics related to it.

There are four main types of zoning laws: residential, commercial, industrial, and agricultural. Residential zoning laws govern homes and your neighborhood. Commercial zoning laws are for business operations. Industrial zoning laws are for businesses that perform certain types of operations, such as manufacturing, and agricultural laws are for farming.

For example, zoning laws prevent a factory from being built in your Medford, NJ backyard or they prevent a neighbor from constructing an addition inches from your property line. Zoning laws also guide property owners on the procedure to obtain the required approvals when building or renovating a house or commercial building.

What is Land Use?

Land use represents the economic and cultural activities (e.g., agricultural, residential, industrial, mining, and recreational uses) that are practiced at a given place. Public and private lands frequently represent very different uses.

Land uses are classified by the NJ Department of Environmental Protection.  They are grouped into general and descriptive codes to explain the specific use, including residential, commercial, and municipal uses. Each municipality in New Jersey also has a Master Plan, which outlines the land use rules for every parcel in the municipality. Once the way the land can be used is categorized, the development of the land is determined by zoning. A Master Plan also sets forth a municipality’s roadmap for how it wants its town to develop over the next ten years. For example, does the town want to become more walkable, does it want more downtown shopping and retail? These are things that would be spelled out in the Master Plan.

What is a Variance? When Do I Need One? Is it hard to get a Use Variance?

A variance is an exception to a zoning law approved by the municipality.  It is regulated at the municipal level.

In order to obtain a variance, you will need to appear before the municipal Zoning Board of Adjustment.  This can involve careful research, planning, and presentation of your case. It is important to talk to your town’s zoning and/or construction office before proceeding with any projects, to research the variance rules specific to your municipality and to consult an attorney and contractors before applying for a variance. You may also have to give notice to your neighbors about your application so they can weigh in on the decision of the Board.  Once this is done you must follow the appropriate rules and present your case before the Zoning Board of Adjustment. 

What’s the difference between planning board and zoning board?

The planning board guides the orderly growth and development of the community by reviewing proposed laws (ordinances). The zoning board hears appeals, interprets the zoning laws, and grants variances, conditional use permits and other items pursuant to the zoning law. Usually, site plan approvals and subdivisions are heard by the planning board. Bulk and use variances are decided by the zoning board. There are exceptions to this if more than one approval is necessary for a project. In that case, one board may handle all of the approvals.

Tips for Navigating Your Town’s Zoning & Land Use Laws

Follow the Rules.

Property ownership is a privilege that comes with responsibilities.  One of them is to adhere to land use regulations. These regulations do not permit a landowner to do what it wants when it comes to modifications or new construction, especially when it may impact your neighbors, overall community, and the environment. Each property will always be subject to the framework of state and local zoning ordinances that outline what can and cannot be done on the property.  It is thus important to follow those rules when it comes to any potential projects.

Whether intentional or unintentional, violating these regulations can have far-reaching consequences and because understanding land use regulations impacting your property can be challenging, it is essential for each landowner to do research and/or consult an expert like a real estate and land use attorney.

Do Your Research.

A good first step is to find out the zoning laws for your property by calling your local planning office or visiting your township’s website. This research will familiarize you with the zoning rules and allow you to know what lies ahead as you start to plan your project. If you have questions, your town’s planning office should be able to answer them. A New Jersey real estate attorney can also help.

Consider Your Environment and Community

Considering your community and environment is an important part to developing land and adding structures to your property.  You may negatively impact your environment and you and/or your surroundings may suffer economic consequences. Zoning laws were enacted to ensure the welfare of the community and disregarding them may cause significant disruption and complaint. It is recommended to follow your municipalities rules not only to protect your community, but to avoid major delays and additional costs. If you are starting a business, in some cases, disregarding zoning and land use laws could negatively impact your success.

Contact Flaster Greenberg for Help

New Jersey zoning laws are a maze because every municipality has different ordinances. Contact me or one of Flaster Greenberg’s New Jersey land use attorneys today to help you navigate the process.