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Top Zoning Issues To Look Out For

Posted February 28, 2016

Local, state and federal law all impact land use.  Zoning restrictions often limit how commercial property owners and tenants use or improve property.

Use

Use-restrictions control the types of businesses that may operate in a particular area.  While a structure of a given size may be permitted of right in a particular zone, certain types of uses or combinations of uses may require a use variance to conduct the intended business at the structure.

Bulk

Bulk regulations affect commercial real estate owners and developers.  Bulk regulations dictate things like maximum building height, setbacks from the structure or other properties, unoccupied open space, minimum lot size, lot width and lot depth. If the development or building plan deviates from bulk regulations, the owner will need a variance from a planning board or in some cases, a zoning board of adjustment.

Variances

Some developments will require one or more “c” (“bulk”) or “d” (“use”) variances.  Leveraging the advocacy of our land use attorneys, you can seek appropriate variances from the appropriate board and introduce testimony from the correct professionals in support of those variances.  

Zoning Violations

Zoning violations are serious. If you have received a violation, contact us right away.  Failure to take prompt action can result in fines, business interruption or worse.

We are here to help

The law firm of Foss, San Filippo & Milne, LLC, has experience in advising clients who own, occupy and work to improve commercial real estate. Contact Foss, San Filippo & Milne, LLC, today online or call anytime at 732-741-2525