As a property or business owner in New Jersey, navigating the world of Land Use and zoning laws can be quite intimidating. When planning to make certain changes to your property in New Jersey, you might come across the term “variance.” While it may sound complicated, this is a crucial concept that can influence the ways in which you use or change your property. Understanding the basics of variances is key to making informed decisions about your Real Estate projects. Let’s simplify what variances are, why you might need one, and how to get one.
What is a Variance?
Imagine you’ve just bought a piece of land and you’re dreaming of building your perfect home. But then you find out that your dream home doesn’t exactly fit the local zoning laws. Maybe it’s too tall, too close to the edge of your property, or the type of building isn’t allowed in that area. This is where a variance comes in.
A variance is like a special permission slip that allows you to use or change your property in a way that normally isn’t allowed under local zoning laws. Zoning laws are rules set by your local government that control how properties in different areas can be used and developed. These laws help keep neighborhoods orderly, safe, and enjoyable for everyone.
Why Might You Need a Variance?
There are several reasons why you might need a variance. Some common examples include wanting to:
Build closer to your property boundaries than normally allowed (a “setback” variance).
Use your property for something that isn’t usually permitted in your zoning district (a “use” variance).
Construct a building taller than the height restrictions in your area (a “height” variance).
Obtaining a variance can make the key difference between making your project happen and having to start over with a new plan. Generally, when applying for a variance, you will need to demonstrate the following:
Undue Hardship: The zoning laws cause you serious problems that are unique to your situation.
No Self-Imposed Hardship: You didn’t create the problem yourself.
No Harm to the Public: Granting the variance won’t negatively affect your neighbors or the community.
How to Obtain a Variance
Although the process for obtaining a variance can vary depending on your town or city, it generally includes the following:
1. Understand Local Zoning Laws: Before you apply for a variance, you’ll need to know exactly how your project conflicts with local zoning laws. This involves reviewing the specific laws of your area.
2. Prepare Your Application: Gather all necessary documents and information about your project. This usually includes plans, drawings, and a detailed explanation of why you need the variance.
3. Submit Your Application: File your application with the local zoning board. Be sure to include all required documents and fees.
4. Attend a Public Hearing: The zoning board will schedule a public hearing where you can present your case and provide evidence supporting your need for the variance. Neighbors and community members may also attend to express their support or concerns.
5. Board Decision: After the hearing, the zoning board will make a decision. They will consider factors such as the impact on the neighborhood and community, and whether your request is reasonable.
6. Approval or Denial: If your variance is approved, it’s important to follow all the conditions that come with it when proceeding with your project. If your variance is denied, you may need to revise your plans or explore other options.
Contact UBFK Today!
Understanding the basics of variances is crucial when planning changes to your property in New Jersey. By knowing what a variance is, why you might need one, and how to obtain it, you can increase your chances of getting the approval you need for your project. It’s always a good idea to talk to local zoning officials or seek legal advice to help you through the application process. Contact UBFK Law today for the guidance and support you need to confidently navigate your real estate ventures!