Do I Need a Variance to Develop a Multi-Family Property?

New Jersey land use law can be extremely complicated, and there are very specific requirements under the state’s Municipal Land Use Law (MLUL) when it comes to how specific residential areas are zoned, and what would need to happen in order to develop a building or group of buildings in that residential zone. Sometimes residential zoning districts allow for both single-family and multi-family homes or buildings, but many zoning districts are solely zoned for single-family structures or multi-family structures. Accordingly, if you want to develop multi-family properties in a single-family zoning district, you will likely need to obtain a variance. Our Summit land use lawyers can explain in more detail.

Determining the Zoning District for Your Development Plans

Before you begin the process of seeking a variance — which is a complex and lengthy undertaking for rezoning — it will be essential to work with a lawyer to determine whether the zoning district in which you are planning your multi-family development is already zoned for such use.

The City of Summit is currently divided into more than two dozen zoning districts. Those zoning districts include single-family residential zones, single and two-family residential zones, townhouse zones, multi-family residential and tower zones, affordable housing zones, and a wide range of business and public lands zones. If you are planning a multi-family development that is not within a multi-family zone, or if the type of building you are planning is not accounted for in the zoning district, you will need to obtain a variance. You should, of course, also be certain that you are actually planning a multi-family structure and not a two-family structure in the event the area planned for development is zoned for both single-family and two-family residential buildings.

Obtaining a Zoning Variance 

In order to develop a new building project in an area that is not zoned for your intended building, you will need to obtain a zoning variance. This process involves applying to the City of Summit Zoning Board, going before the Zoning Board (at which time public comments are taken), and in effect making a case to the Zoning Board and the members of the public for why your zoning variance should be granted. For most rezoning requests, you will be seeking what is known as a “d” variance under New Jersey MLUL.

Obtaining a “d” variance can be more difficult than obtaining other types of variances (such as variances for the purposes of renovations or other home, business, or development projects that do not require rezoning). Accordingly, it is particularly important to have an experienced land use lawyer on your side who has experience handling land use cases before the City of Summit Zoning Board.

Contact Our Summit Land Use and Attorneys for Assistance Today 

If you want to develop property in a manner for which it is currently not zoned in the City of Summit, you will likely need to obtain a “d” variance. To get started on seeking approval from the City of Summit Zoning Board, you should get in touch with one of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan today. Contact our firm to learn more about what steps you will need to take and how our firm can assist you.

Sources:

cityofsummit.org/DocumentCenter/View/3616/Development-Regulations-Ordinance-DRO-FINAL?bidId=

law.justia.com/codes/new-jersey/2009/title-40/40-55d