Obtaining a use variance in New Jersey is a strict process. If you are considering developing a property for use that is not allowed under current zoning laws, or if your property has some unique characteristics, a use variance could be the answer. This guide will walk you through the steps to secure a use variance and highlight a land use attorney’s critical role.
What is a Use Variance?
A use variance allows a property to be used differently from what is typically permitted under the zoning code. This variance is obtainable through the local zoning board, provided that the intended use will not harm the public or contradict the general zoning plan.
How to Get a Use Variance
Consult with a Land Use Attorney
Legal Expertise: An experienced land use attorney is crucial during the early stages of the process. They provide expertise in applying and interpreting local zoning ordinances, necessary documentation, and assistance to meet all local requirements and deadlines.
Pre-Application Research
Awareness of Zoning Ordinances: Understanding the specific zoning laws and ordinances that govern your property is essential. Your attorney can help identify these regulations and any potential areas of concern.
Feasibility Assessment: Evaluate your ability to implement the intended change in land use, including the impact on the community, environment, and local development plans.
Prepare the Application
Documentation: Your attorney will assist in compiling and preparing all relevant documents needed for the use variance application. This includes site plans, detailed descriptions of the intended use, and justification for the variance.
Compliance Check: Ensure all submitted materials comply with local requirements to avoid rejections or delays.
File the Application
Filing: Submit the complete application to the local zoning board. Your attorney will ensure the filing is correct and complies with all deadlines.
Public Hearing
Preparation: Prepare for the public hearing, at which you will present your case to the zoning board. Your attorney will help you build your presentation, including supporting documentation and visual aids.
Representation: Your attorney will represent you at the hearing, presenting evidence, negotiating with authorities, and addressing any questions or concerns from the board or community members.
Zoning Board Decision
Board Deliberation: After the public hearing, the zoning board deliberates and decides based on the evidence. Your attorney will guide you through any developments and next steps.
Conditions: If the variance is approved, the board may impose conditions. Your attorney will help you understand and meet these conditions to avoid future issues.
Litigation
Dispute Resolution: If a variance is not issued or there is a dispute, your attorney can litigate in court and handle the appeals process. They will prepare solid legal arguments and represent your interests.
Negotiation and Settlement: Most issues are resolved through negotiation. Your attorney will work to settle matters with opposing parties, address community concerns, and ensure compliance with environmental laws.
Strategic Advice and Risk Management
Strategic Planning: Your attorney will advise you on strategies for changing land use, managing risks, and making the process smoother with zoning authorities. Their advice increases the chances of resolving complexities effectively.
Conclusion
Obtaining a use variance in New Jersey is a complex and lengthy process requiring thorough planning, comprehensive documentation, and skilled legal arguments. A land use attorney is an essential partner from the initial consultation and application preparation to the zoning board hearing and dispute resolution. By leveraging their expertise, you can effectively navigate the challenges of land use changes, achieve your development goals, and ensure compliance with all relevant regulations.
