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  1. #1
    Join Date
    Oct 2007
    Posts
    27

    Default Zoning Permit Rejected but Supported by Code, What to Do

    My question involves real estate located in the State of:

    NEW JERSEY

    I bought a house where the previous owner started (didn't cut curb) a "U" driveway. The zoning officer told me he intervened and placed an order to stop work (years ago).

    I'd like to finish the driveway but the code says "Only one driveway depression shall be permitted for each buildable lot for each street frontage, so that corner lots can have one drieway depression located on each street frontage".

    I mentioned to the zoning officer "can't i just pave or paver it cosmetically" however he said no and wasn't going to argue what a driveway is.

    If the code doesn't say i can't pave up to the curb (cosmetically a U) but don't actually cut the curb, nor is there code saying i cannot do it can the city reject it if it meets code requireements? If it does, can i sue and have the city reimburse for attorney fees? What would be my options in this situation if rejected?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Zoning Permit Rejected but Supported by Code, What to Do

    I don't have access to the ordinances, nor do I have a survey showing easements, so you are leaving us without essential information to address your questions. Should we assume, also, that there are no sidewalks that would be affected by your plan?

    If you want to pave across an easement, and doing so would interfere with the easement, the holder of the easement can object even if the zoning ordinances don't prohibit your action. That may well be what we're talking about.

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