Renovating Your Attic: What You Need to Know About Summit Land Use Requirements

Do you currently have an unused and unfinished attic space in your home that you are thinking of renovating? For many homeowners in the Summit area, renovating and “finishing” an attic can add extra space for your family and can increase the value of your home by adding square footage. However, there are some important considerations to take into account when you are thinking about modifying your attic. First, does your attic meet the requirements under New Jersey law to be a habitable space? And what type of variances or permissions will you need from the City of Summit to complete any attic modifications? Our Summit land use lawyers can tell you more.

Defining an Attic and an Attic Story

Under City of Summit regulations, an attic is defined as “the space between the ceiling beams of the top story and the roof rafters in any building.” The term “attic story” refers to something different, and that difference is often crucial for homeowners or business owners who want to renovate attic spaces for regular use. The term “attic story” means “an attic having, within its space, possible floor area with headroom of five (5) feet or greater over sixty percent or more of the story directly beneath.”

Space Requirements to Renovate Your Attic

If you want to renovate your attic, you will need to determine whether your attic space meets requirements under both New Jersey state law and under the City of Summit municipal regulations. Generally speaking, you must have a full set of stairs up to your attic (or must plan to renovate to install one) if it will be considered a habitable space in your home. In addition, you generally must have an “attic story” if you want to be able to renovate the attic into a legally habitable space that is going to count toward the total square footage of your home.

The City of Summit regulations clarify that, even if your attic “does not meet the definition of a story” or is not “modified in such a way that it does not become a story,” it may still be possible to make improvements if you are in compliance with the New Jersey Uniform Construction Code. If you do have an attic story, you can then begin the process of seeking relevant permissions to renovate your attic into legally habitable space.

Seeking a Variance and Approvals from Summit Boards 

In order to renovate or improve your attic space, you will likely need to obtain one or more variances from one of the Summit boards, meaning the Zoning Board of Approval and/or the Planning Board.

Depending on the type of modifications or improvements that you want to make to your attic, you should discuss all of the details with a Summit land use lawyer who can help you to determine how and where to apply for permission, and to assist you with the steps that will follow, including a public board hearing.

Contact Our Summit Land Use and Zoning Attorneys for Assistance Today 

Do you have questions about modifying your attic space, or do you need assistance applying for a variance? One of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan today. Contact our firm for additional information.

Sources:

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

nj.gov/dca/codes/codreg/ucc.shtml