If you are an entrepreneur looking for a business location, you need to consider several factors. Besides economic activity, environmental factors and ease of access, you should factor in zoning.
Each municipality in New Jersey has a Land Use/Zoning Ordinance that regulates the use of land within designated zones. Essentially, it places restrictions on the business activities that can be conducted in specific areas.
Here is how you can find information about land use for a particular location:
Check municipal records
The New Jersey Department of Community Affairs (DCA) has online links to all known municipal zoning maps and zoning ordinances. You can find crucial information about land use on these maps. Choose the municipality where your chosen location is and check if you are allowed to conduct your business activities in the area.
Consult with a zoning officer
On the DCA spreadsheet, you can find details about zoning officers for the specific municipalities. Use the listed phone number or email address to contact an officer to learn more about the zoning laws of your chosen location.
What if you are leasing?
If you are leasing a commercial property, terms concerning land use will be included in the lease agreement. Carefully read them before signing the contract. It can also help to do due diligence by yourself. Check the zoning map for the specific municipality, learn about its zoning laws or contact the zoning officer.
Even if previous businesses similar to yours operated in the area or on the same premises, it is still crucial to check the zoning yourself. It may be that the previous business owner had a zoning variance, rather than that the zoning allows that type of business. These are personal, so you would need to apply for your own variance if that were the case.
Understanding the situation is crucial before you put pen to paper on any agreement. Legal guidance is therefore wise.
