What is a Dwelling for Purposes of Land Use and Zoning?

If you are planning to make renovations to your current residence or to make any additions to the property, or if you are planning a larger development for residential or commercial purposes, it will be critical to understand New Jersey zoning and land use laws, as well as City of Summit regulations with which you will need to comply. If the development you are planning is a “dwelling,” you will need to learn about specific design requirements and particular requirements for obtaining approvals from the City of Summit Zoning Board or Planning Board based on the nature of the dwelling or dwellings. To ensure that you meet all requirements under state law and local regulations, you will need to have a clear understanding of all of the terms being used. While a “dwelling” can have different definitions depending on the source, there is a specific definition within the municipal regulations. Our Summit land use lawyers can explain in more detail.

What is a “Dwelling” in Summit?

According to Merriam-Webster, a “dwelling” can be anything that is used as a shelter by people. However, the word has a specific definition for purposes of land use and development in the City of Summit. According to municipal regulations, a dwelling is defined as “any permanent structure or portion thereof that is used exclusively for human habitation.” The regulations provide examples of “dwellings,” which include but are not limited to:

• Detached single-family dwelling, which is a dwelling for one family that is not attached to another dwelling and has one kitchen;
• Attached single-family dwelling, which is a one-family dwelling in a row of at least three dwellings that each have their own front and rear access (a townhouse);
• Two-family dwelling, which is one building on a single lot that has two dwelling units that are separated;
• Multifamily dwelling, which is a building that contains at least three or more dwelling units and that “share common horizontal separations,” making these dwellings distinct from attached single-family dwellings;
• Twin house dwellings or duplexes, which are structures that have two dwelling units that are “separated by a plane vertical party wall and each susceptible to sale on an individual lot.”

A “dwelling unit” is distinct from a “dwelling,” and is defined as “one or more rooms designed, occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the single-family maintaining the household.”

Why the Definition of a Dwelling Might Impact Your Development Plans 

There are a wide range of requirements for different types of development plans in Summit, including certain types of developments with a certain number of “dwellings” contained within them. There are also zoning requirements that you will need to pay attention to that may concern the number of dwellings on a lot or in a particular area.

Contact Our Summit Land Use and Zoning Attorneys for Assistance Today

If you are planning any new developments, whether residential or commercial, you will likely need to obtain a variance and other forms of approval from the City of Summit Zoning Board and/or Planning Board. There are specific municipal definitions for different types of structures that can impact the requirements you must meet and approvals you must obtain. When you are beginning to think about a large residential or commercial development, or even a seemingly minor development associated with your current residential property, it is important to seek legal advice given the complexity of municipal land use law. One of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan can speak with you today about your development plans and how we can assist you in obtaining all necessary approvals so that you can move forward with your project.

Sources:

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

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