Buying a commercial property in New Jersey is a good investment. Still, it can be challenging, especially regarding local zoning laws. These regulations dictate how properties can be used and developed. Understanding these laws helps avoid legal issues and verifies the feasibility of your planned business. Here is a primer on what you should know about New Jersey zoning laws if you decide to purchase commercial property.
Knowledge of Local Zoning Laws
Zoning Classifications
Permitted Uses: Each property is categorized under a zoning classification, such as commercial, residential, industrial, or mixed-use. Each classification lists permitted uses, indicating what kind of business may legally operate on the property or what activities may occur there.
Review the Zoning Map: Examine the local zoning map and regulations before purchasing to establish the lot’s existing zoning classification and ensure your intended use conforms.
Building and Development Limitations
Restrictions on Building Heights: A zoning classification often limits building heights. Ensure that any building or addition will comply with maximum height restrictions.
Setback Requirements: These rules dictate the distance between constructions and property lines, streets, and other constructions. Parking and design stipulations can also impact your development.
Parking Provisions: Zoning regulations include minimum parking requirements based on the business type and property size. Ensure your property can meet these requirements to avoid future complications.
Unique Zoning Overlays and Restrictions
Historic Preservation Areas
Additional Limitations: Properties in historic districts may have extra restrictions to preserve the area’s historic character. This can impact exterior modifications, signage, and other property changes.
Environmental Protection Zones
Environmental Compliance: In environmentally sensitive areas, more stringent rules may apply regarding land use, development, and environmental impact assessments. Compliance with these laws is critical to avoid fines and project delays.
Overlay Districts
Special Rules: Overlay districts may impose additional regulations beyond the base zoning classification. These can include unique design standards, use restrictions, or development incentives.
Zoning Considerations
Non-Conformities
Pre-existing Non-Conformities: Determine if there are any pre-existing non-conformities on the property. Non-conformities are uses or buildings allowed under prior zoning laws but not current ones. Awareness of these can indicate any improvements or changes needed to meet current standards.
Future Disputes: Be aware of any present or potential disputes regarding zoning that could affect the property, including disputes about property lines, usage rights, or non-compliance with local regulations.
Applying for a Variance: If your planned use does not conform to existing zoning, you may need to apply for a variance. A variance is a special permission from the local zoning board to deviate from zoning laws. It can be a long process, and you must demonstrate that granting the variance will not harm the community or contradict the zoning plan.
Consulting with Experts
Land Use Attorneys
Legal Expertise: Local land use attorneys can provide invaluable insights into zoning laws and help navigate the complexities of the regulatory environment. They can interpret zoning codes, prepare necessary documentation, and represent you before zoning boards.
Zoning Professionals and Planners
Professional Consultation: Zoning professionals and city planners can help determine the feasibility of your project and guide you through all local laws. They can also help draft site plans and obtain necessary approvals.
Conclusion
Zoning is one of the first considerations when buying commercial property in New Jersey. Local zoning laws are crucial for anyone intending to invest in and develop a particular property type in the state. Learn the property’s zoning classification, permitted uses, and additional restrictions. Thoroughly research possible zoning issues and seek advice from a land use attorney or zoning professional to avoid legal trouble and delays, ensuring a successful commercial property investment.
