Summit Variances Lawyer

When property owners or developers seek to build or modify structures, they often find that zoning regulations can restrict their plans. In such cases, obtaining a variance may be the best option to allow projects that deviate from the strict standards of zoning ordinances. At Dempsey, Dempsey & Sheehan, we provide skilled legal counsel to help individuals, homeowners, and developers navigate the variance process in communities across Union County and northern New Jersey, including applications for individual residential expansions and non-conforming uses. Call today for personal service from an experienced Summit variances lawyer.

What Is a Variance?

A variance is a request for an exception from local zoning laws to permit a use or structure that would otherwise not comply with established regulations. Zoning laws in Summit and surrounding areas set parameters on various aspects of real property, including building heights, lot coverage, setbacks, and uses permitted in each zoning district. However, situations often arise where strict adherence to these rules would be unreasonable or impractical. Variances provide a legal mechanism to permit flexibility in zoning and land use, allowing property owners and developers to pursue projects while considering the broader community’s interests.

Types of Variances

There are generally two types of variances: use variances and bulk (or area) variances. Use variances allow a property to be used in a way that is otherwise not permitted within the designated zoning district. Bulk variances, on the other hand, permit deviations from physical or dimensional restrictions, such as height, yard setbacks, and lot coverage. In either case, obtaining a variance requires applying to the local zoning board of adjustment or planning board and, typically, participating in a public hearing to determine whether the variance is justified.

Assisting Homeowners with Variances for Single-Family Residences

Many individual homeowners in Summit, New Jersey, find themselves needing a variance when they want to renovate, expand, or modify a single-family residence in ways that conflict with zoning restrictions. Common examples include plans to build a larger deck, add an extra room, or expand a garage. In these cases, a bulk or area variance is often necessary, particularly if the project involves extending beyond setback lines or increasing the building’s height or footprint.

At Dempsey, Dempsey & Sheehan, we have extensive experience helping homeowners secure variances for residential projects. Our legal team assists with every stage of the process, from evaluating your project and preparing a compelling application to representing you at zoning board hearings. We work to demonstrate how your proposed changes align with community goals and cause minimal or no adverse impact on neighbors or the surrounding area.

Key steps in securing a residential variance include:

1. Assessment of Project Viability: We review your plans to determine the specific zoning regulations that apply and the type of variance needed.
2. Application Preparation: We help you gather the necessary documentation, including surveys, architectural plans, and any additional information required by the zoning board.
3. Zoning Board Presentation: We represent you at public hearings, presenting arguments and evidence that support your variance application. Our team emphasizes factors such as the benefits of the project, minimal impact on neighbors, and adherence to community values.
4. Follow-Up: If the board requires modifications to the plans, we guide you through any adjustments to ensure compliance and approval.

With our knowledge of local zoning regulations and our relationships with Summit zoning and planning authorities, Dempsey, Dempsey & Sheehan maximizes the likelihood of achieving successful outcomes for our clients.

Variances for Non-Conforming Uses

Non-conforming uses are situations where a property’s existing use or structure does not comply with current zoning ordinances, typically due to changes in zoning laws enacted after the property was already developed. In many cases, non-conforming uses are “grandfathered” in, allowing continued use despite non-compliance. However, if the property owner wishes to expand, alter, or make certain changes to the property, a variance may be required to retain or modify the non-conforming use legally.

Our attorneys are skilled in handling variance applications for non-conforming uses in Summit, New Jersey. Common examples of non-conforming use cases include:

• Expanding or altering an industrial or commercial building in a primarily residential district.
• Modifying a structure to accommodate a new use that, while similar, does not fully align with current zoning allowances.
• Reconstructing a non-conforming building following substantial damage or other significant alterations.

Obtaining a variance for a non-conforming use requires demonstrating that the proposed changes align with the public good and do not cause detriment to the surrounding community. Our team builds strong cases for clients by conducting thorough research, preparing robust documentation, and arguing for the variance’s benefits to both the property owner and the community. Whether you’re seeking to expand, modify, or preserve a non-conforming use, Dempsey, Dempsey & Sheehan provides the legal support needed to achieve a successful result.

How Dempsey, Dempsey & Sheehan Can Help

Navigating the variance process requires in-depth knowledge of local laws, familiarity with zoning board requirements, and a proactive approach to preparing and presenting applications. Our experienced Summit land use and zoning attorneys provide guidance tailored to each client’s unique needs, helping property owners and developers achieve their goals while complying with local zoning regulations.

With decades of experience in land use, zoning, and development law, we offer a comprehensive suite of services to assist with:

• Consultations and Planning: We evaluate your plans in light of Summit’s zoning requirements and provide recommendations tailored to your project’s needs.
• Variance Applications and Documentation: Our team manages the preparation, filing, and presentation of all necessary documents, ensuring your application is complete, accurate, and well-supported.
• Representation at Zoning Board Hearings: We represent you in all public hearings, presenting compelling arguments for your variance and addressing any concerns raised by board members or the community.
• Ongoing Compliance Support: Following a successful variance, we offer guidance on meeting any conditions imposed by the board to ensure continued compliance.

At Dempsey, Dempsey & Sheehan, we are dedicated to helping Summit residents and developers achieve their property goals. Whether you are a homeowner looking to expand your living space or a business seeking flexibility in land use, our team is here to support you with the knowledge and expertise you need to navigate the variance process successfully.

Contact Our Skilled Summit Variance Lawyers Today

For assistance with your zoning variance needs, contact Dempsey, Dempsey & Sheehan at 908-277-0388 to schedule a consultation. Our experienced Summit variance lawyers are ready to help you understand your options and pursue the best path forward.