Zoning Planning & Land Use Law in New Jersey
In Mountain Lakes, New Jersey, there are laws which determine what can and can't be done on certain parcels of land. These laws get pretty involved sometimes, and aren't always quite 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. Typically, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of typical zoning categories are single family residence, commercial, multi-unit housing, or industrial.
Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, 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 persons 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 preventing legal disputes.
Possible Outcomes of Boundary and Title Disputes in Mountain Lakes, New Jersey
Suppose you find that some condition on your land is in violation of Mountain Lakes, New Jersey's zoning laws. In cases like this, you have quite a few avenues.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very substantial, and fixing it wouldn't cost very much, this is likely the best and simplest option.
What if, however, you've invested a substantial amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is typically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Mountain Lakes, New Jersey's zoning laws, a variance will typically be granted.
You also have substantial protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.
What Can A Mountain Lakes, New Jersey Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Mountain Lakes, New Jersey real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.