How I go about to changing the zoning code from 1 family to 2 family?

Lizette
Home Buyer
Newark, NJ

I own a 1 family home (mother daugther type of home) with a full apartment upstair. The home is listed as one family, what is the proper procedure to apply for a changing of zone from one family to a 2 family. The home is located in a multi family block.

Answers (3)
Kenneth Verbeyst...
Agent
Princeton, NJ

contact your local zoning officer. It is less expensive than going to attorney to start with. They can give you an idea of how agreeable they would be with a change. Variances will also typically require neighbors notice and a public hearing, it is easier with an attorney but you can do it yourself. The zoning office will likely give you a list of all who you have to notify.

Mon Nov 10 2008, 05:44
Laura Giannotta
Agent
New Jersey

If you are in a single family residential zone you'll have to get a use variance from the town.

Sun Nov 9 2008, 14:53
Alex Coelho
Broker
07032
FIRST ANSWER

Hello Lizette,

The first thing you have to verify is the current zoning for your block. In most Towns R1 is reserved for one unit residential homes; R2 is for 1 and 2 units; R3 for higher density, 3 units to apartment buildings.

As the zoning changes so do the requirement for the building, for example the size of the lot, the side yards, the required parking, coverage area and others.

Depending on the zoning and its requirements, you may be able to convert to a 2 unit or not. If you are in a zone that permits a 2-unit use, and you meet all the requirement it should then be an easy process of conversion. If you are not in a 2 unit permitted use, you may have to apply for a variance.

As the name indicates, variance is a request by the homeowner to the Municipality to allow the property a different use than the one designated by Municipality.

This is a process that you should hire an attorney, an architect or both. There’s an application that must be filled out with the Township requesting an hearing with the Variance/Zoning Board, and providing all the information. You must also provide a copy of the blue prints for the proposed new use, as it is different than the current one.

I must tell you, however, that most Municipalities, Belleville include, do not favor the approval of an increase in the number of families in most properties. Unless of course you meet all the criteria.

As you figured out by now this is not an easy process, nor it is inexpensive. I welcome you to contact me personally and you can ask all the questions you have, or maybe, as I've mentioned before you want to go and speak with a land use attorney. A local one is always best.

Wish you luck and success!

alex@exitgolden.com

Sun Nov 9 2008, 14:03

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