Appealing a Zoning Officer’s Decision

By: Robert C. Shea, Esq. of R.C. Shea & Associates

Did you know that you can appeal your local Township Zoning Officer’s decision if you are denied the approval or issuance of a permit? The Zoning Officer, also referred to as the administrative officer, is the enforcement arm of zoning, and is the “gate keeper” to any construction you would like to take place on your property.

Before any individual or legal entity can undertake a construction project, they are required to make a request, also known as an application, for a zoning permit. Some examples of such applications include the construction of new buildings, additions to existing structures, decks, fences, pools, patios, sheds, generators, driveways, commercial buildings, tenancies, and signage.

When an application is filed, the Zoning Officer is then responsible for deciding whether your request conforms to the local zoning ordinances. This “approval” must take place before any construction permits can be issued by the Township. Therefore, without a Zoning Officer’s approval, you are prevented from making any improvements you would like to make on your own property.

Ordinarily this is not an issue. However, when dealing with “gray areas” of local ordinances, Zoning Officers tend to deny an application simply because the ordinance is vague or uncertain. Further, when a local ordinance is unclear on a point, a Zoning Officer may establish their own policy in an arbitrary and subjective manner.

For instance, if you want to construct a deck on your property and the local ordinance does not properly defi ne exact parameters, the Zoning Officer might choose to apply a rule that makes it impractical to construct a deck in a reasonable manner. In such a situation, you would be forced to seek approval from the local Zoning Board, which is a much lengthier and labor-intensive process.

However, if a Zoning Officer denies your application in such a manner, N.J.S.A. 40:55D-70 allows you to challenge said determination within (20) days of the decision. This challenge then forces your Zoning Board to review the Zoning Officer’s decision and determine whether the administrative officer has improperly denied your application. In other words, if a Zoning Board rules in your favor, the Zoning Officer must abide by the Board’s interpretation, and you receive an approval for said permit. If you, or a loved one, have currently been denied a permit by your Township, the Law Office of R. C. Shea & Associates can provide the legal knowledge and experience required to appeal such a decision, and seek the outcome that allows you to construct what you want on your own property. Call us today, (732) 505-1212.