A Spot Zoning Claim Gets Raised in a Recent NJ Zoning Case
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …
Busting Up a Town’s Single Family Zoning District is Tough
The Fair Housing Act does not give a developer the right to build an assisted living residence in a single family zoning district. A …
You Can’t Always Claim Hardship Before a Zoning Board to Install an Ugly Sign
Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …
Better Be Able to Prove Your Right to a Variance to Build on Vacant Land to Get the Highest Price from the Government in a Condemnation Case
In condemnation cases, the government must pay the fair market value of your land. If your vacant land needs a variance to build, you …
What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?
When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection. New Jersey’s zoning law recognizes the …
A Zoning Board Can Deny a Business Owner the Right to Sell its Business
Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …
Getting Use Variance Approval (a “D” Variance) is Tough. This Case Explains Why
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
Just Because You’re a Disabled Veteran, You Don’t Get to Evade Municipal Zoning Laws
A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa. He is a retired police officer and …
Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
Can a Board of Adjustment Grant a Variance for a Self-Created Violation of a Municipal Zoning Ordinance?
A variance application before a zoning board based on a property owners self-created mistake or hardship requires special proof and evidence. Zoning Boards of …
Objections to a Zoning Board Application Are Not Entitled to an Award of Legal Fees and Costs
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …
Wait Too Long and You Lose Your Right to Appeal an Adverse Decision by a Zoning Board of Adjustment
New Jersey Law allows a limited period of time to Appeal an adverse decision by a governmental entity. If you fail to file an …
NEW JERSEY ZONING AND AFFORDABLE HOUSING. MUNICIPAL ZONING LAWS FRUSTRATE BUILDING HOMES AND CREATING JOBS
By Fredrick P. Niemann, Esq. a New Jersey Zoning Attorney A New Jersey appellate court has reinstated the New Jersey Council on Affordable Housing. …
NJ ZONING LAW – ZONING LAWS IN NEW JERSEY
By Fredrick P. Niemann, Esq. a New Jersey Zoning Law Attorney NJ zoning laws are designed to protect the residents of the state from …
NJ Zoning Law Requires Proper Notice Be Given In All Cases of Zoning Ordinance Amendments
By Fredrick P. Niemann, Esq., a NJ Zoning Attorney New Jersey Zoning Law has strict requirements that all townships must abide by when they …
NJ COURT DISMISSES TOWN’S CLAIM AGAINST ZONING BOARD FOR LACK OF STANDING
All Zoning Boards have the authority to issue variances to any applicant it deems has satisfied the required criteria for the variance. The typical …
NJ Zoning Law Requires Proper Notice Be Given In All Cases of Zoning Ordinance Amendments
By Fredrick P. Niemann, Esq., a NJ Zoning Attorney New Jersey Zoning Law has strict requirements that all townships must abide by when they …
New Jersey Supreme Court Finds That Land Use Approvals Are Not Voided By Different, Subsequent Approvals For Same Land
Land use rules in New Jersey can be complicated and complex. Many people have visions of building or improving property, but are unsure as …