It is always wise to request a permit from the zoning officer before you start using or developing your property. A zoning permit is written confirmation that your intended use is allowed.
However, what happens when your request is denied and you believe the zoning officer made a mistake? Under the New Jersey Municipal Land Use Law (“MLUL”), you can appeal the decision to the municipality's Board of Adjustment. The appeal must be filed within 20 days of the zoning officer issuing the decision. The appeal must specify in writing the reasons why you think the zoning office made a mistake.
If the appeal is received in a timely manner, the Board will schedule a hearing during an upcoming public meeting. While the MLUL does not require you to give notice, a municipality may require it. Therefore, it is important that you find out, because the Board will postpone your hearing until the proper notice is given.
At the time of the public hearing, you will need to present evidence or provide testimony that demonstrates how the zoning officer erred. If the Board agrees with you, the decision will be reversed and the permit issued. If the Board agrees with the zoning officer, you will then likely need to file a formal land use application and request the appropriate relief for your desired use.
If you are wondering if you should appeal or how to do it, please contact one of the lawyers at Lavery Selvaggi & Cohen and speak with them about what to do. Our lawyers have successfully handled a variety of land use matters and have the experience to offer you the appropriate advice.