If you’ve received an unfavorable zoning decision in New Jersey, you have options to challenge it. Zoning decisions typically involve local municipal governing bodies or zoning boards, and their decisions affect what can be done on a particular property. If you disagree with a zoning decision, understanding how to appeal is essential for protecting your property rights.
Review the zoning board decision
The first step in appealing a zoning decision is thoroughly reviewing the decision itself. Zoning boards provide written decisions that outline the reasoning behind their rulings. Pay close attention to the details, as understanding their reasoning will help you craft your appeal.
File an appeal with the county board of appeals
In New Jersey, zoning decisions can be appealed to the county’s board of appeals. You will need to file a formal appeal within a specified period, often within 20 days of the decision. Your appeal should address the specific reasons you believe the zoning decision is incorrect, referencing any laws or facts supporting your position.
Consider going to the courts
If the county board of appeals does not provide a satisfactory result, you can take your case to the New Jersey Superior Court. The court will review the appeal to ensure the zoning decision complies with the law. The court has the authority to affirm, reverse, or modify the decision made by the zoning board or the county board of appeals.
Zoning variances
In some cases, you may not need to appeal a decision but instead apply for a zoning variance. This request asks the zoning board to allow deviations from certain zoning regulations due to unique circumstances. It’s a process often used for minor adjustments and may be more straightforward than appealing the decision.
Appealing a zoning decision can be a detailed process, but knowing the steps involved gives you a clearer path forward to achieving a favorable outcome.