Land Use, Zoning and Planning Lawyers in Lakewood, New Jersey

In Lakewood, New Jersey, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.

"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.

Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

Zoning laws don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.

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What if My Property Violates Lakewood, New Jersey's Zoning Laws?

If a condition on your property violates the local zoning laws of Lakewood, New Jersey, there are a few different solutions.

It should be obvious that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.

Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Lakewood, New Jersey's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Further, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

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How Can a Lakewood, New Jersey Attorney Help?

If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Lakewood, New Jersey real estate attorney to help.

There are 21 Real Estate, Housing & Property Law cases posted in Lakewood

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Life in Lakewood

Lakewood, New Jersey is a township located in Ocean County. Its current population estimate is about 60,000 people.

In the early 1900s, Lakewood was a popular place for New Yorkers to visit in the winter, because it has a unique microclimate which makes it significantly warmer in the winter than surrounding areas. It is home to a lake, and large wooded areas, making it a popular place to visit year-round.

Modernly, portions of Lakewood are designated as Urban Enterprise Zones. These are special areas seen by the state government as being in need of economic development. Businesses are encouraged to open in these Zones through tax and regulatory breaks, and consumers are encouraged to buy goods and services because they have a lower sales tax rate than other parts of the state. The sales tax in these Enterprise Zones is half the statewide rate, which should serve as a major incentive for consumers to shop there.

If you live in or near Lakewood Township, New Jersey, there's a good chance that you'll be able to find a lawyer to handle virtually any legal issue you might be facing. Lakewood, New Jersey lawyers are well-trained and competent, and chances are good that there's at least one Lakewood, New Jersey lawyer who can handle whatever legal problem you present them with.

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