zoning and variance issue on my area.

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zoning and variance issue on my area.

My neighborhood faces a big development that violates all restriction of building code and zoning law With small lots150 x 60, they want to build 66 apartments and some stores in the R-1 zone are. They want to breaks every limits of height and lot, back sit, distance, so on. This project completely block my views and creates heavy traffic on dead end street. I want to stop this terrible project at any cost. How can I stand up for a nightmare project? I heard this developer paid a big money for last week mayor election.

Asked on May 21, 2019 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

At the end of the day, if the town government is dead set on granting variances to zoning and allowing the development to go forward, you can't stop it: municipal government creats the zoning and has the right to grant variances to it. You can certainly--and should--attend public hearings with others who also oppose it, and make your views heard; maybe the zoning board or other body hearing the matter will listen to you.
If they don't conduct the hearings the right way or follow proper procedures in the vote (e.g. not enough notice of the hearing date; do not allow contrary views to be heard; take a vote without enough board members present; etc.), you may be able to bring a legal action to block this variance on procedural grounds--government must follow its own rules. So you should review the relevant ordinances governing how this is to be done. But this would only be a temporary delay, since nothing will stop them from re-holding the hearing properly. Ultimately, if the town government cares more about the development than about the contrary views of other citizens, it will go through.


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