Can I Use Residential Property for Commercial Purposes or Vice Versa?
Buying real estate in New Jersey can be an exciting endeavor, and you may see a specific property that would be ideal for your needs. However, you might learn that the property is not zoned according to your needs. For example, you may see residential property that you want to buy for commercial use, or you might see a commercial property that you want to buy to turn into a residence for yourself and your family, or as a rental income property. For anyone in this type of circumstance, you are likely wondering: Can I use residential property for commercial use or vice versa?
It may be possible to use the property for a purpose other than what it was intended for in local zoning, but the process of obtaining permission to do this in New Jersey can be extremely complicated. As such, it is crucial to have a Summit land use lawyer on your side who can assist you from the start. Our firm can tell you more about zoning laws and use variances for property in New Jersey, and we can discuss your specific needs with you today.
Seeking a Zoning Use Variance
If you want to use a property in Summit or elsewhere in New Jersey for a different purpose than what it was zoned for (i.e., using residential property for commercial use, or using commercial property for residential use), you will often need to seek a use variance. Obtaining a use variance can allow you to perform construction work on a residential property in order to make it suitable for certain commercial purposes, or to reimagine a former commercial property for residential use.
Every municipality in New Jersey — and there are 564 in total — has its own Land Use and Zoning Ordinances. That is also true for Summit, New Jersey, and for surrounding municipalities. Accordingly, it will be important to work with an attorney who has experience handling zoning and land use cases in Summit in particular if you are hoping to obtain a use variance or have property rezoned for a different use.
Process for Obtaining a Use Variance
The specific process for obtaining a use variance in New Jersey will depend specifically on the municipality in which you are seeking the use variance — whether it is in Summit or in a nearby municipality. Generally speaking, however, you will begin the process by submitting an application to the zoning board, such as the City of Summit Zoning Board. You will then need to prepare for a public hearing.
In Summit, and in many New Jersey municipalities, Zoning Board meetings are open to the public, and once a hearing is completed, the Zoning Board will take public comments. You will want to have an attorney assist you through the entire process, but it will be especially important to have legal representation for your public hearing. The Zoning Board will then consider your application and make a determination about whether to approve your use variance. In the event your use variance is not approved, you may have additional options, including the possibility of litigation.
Contact a Summit Zoning Attorney
Do you have questions about zoning or use variances in Summit? One of the experienced New Jersey zoning attorneys at Dempsey, Dempsey & Sheehan can speak with you about your case, and we can begin working with you on your zoning issue today.
Source:
cityofsummit.org/313/Zoning-Board
