Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning district, and all existing structures and improvements comply with existing zoning laws.

What Are Zoning Laws?

Zoning laws regulate how land is used within a municipality. For instance, zoning regulations may dictate how the land can be developed and what purposes the zoned land can serve. Zoning laws can also establish requirements for improving property, such as how tall a building can be and how far away it must be set back from the road.

Under New Jersey’s Municipal Land Use Law (MLUL), a municipal zoning ordinance may impose several land use restrictions, including:

• Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes;
• Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that structures may occupy; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources;
• Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates the provisions for such planned developments;
• Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities;
• Designate and regulate areas subject to flooding;
• Provide for conditional uses;
• Provide for senior citizen community housing;
• Require as a condition for any approval that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made;
• Provide for historic preservation;
• Provide for sending and receiving zones for a development transfer program; and
• Provide for areas to be developed and areas to be preserved through cluster development, or establish criteria for the establishment of such areas, including provisions allowing developed and preserved parcels held in common ownership to be consolidated for tax and stewardship purposes.

Zoning Due Diligence

When buying commercial property, zoning issues should always be part of the due diligence process. To reduce your legal risks, it is important to conduct your own research rather than rely on the property owner’s assurances.

About zoning issues, the due diligence process should include a thorough review of all applicable zoning and land-use documents for the property. This may include municipal zoning regulations, permits, site plans, conditional use approvals, special exception approvals, variances, development and site plan approvals, and certificates of occupancy.

If you are purchasing a previously developed site, be sure to verify that the underlying zoning district permits your planned use for the property, and all existing structures and improvements on the property conform to existing bulk and area zoning laws. If your due diligence reveals a nonconforming use, structure, or improvement, the property owner should be asked to demonstrate that such nonconformity is legal and permitted to continue. Meanwhile, if you plan to develop or redevelop the property, you will need to verify that your intended use and planned site development will be able to satisfy all municipal zoning regulations.

It is also important to confirm that you are working from the most current version of the municipal zoning ordinance and zoning map. Under New Jersey’s Fourth Round affordable housing framework, which covers obligations for 2025 through 2035, municipalities across the state have been adopting new housing elements and fair share plans and amending their zoning ordinances to satisfy their affordable housing obligations. As a result, the zoning applicable to a particular property may have changed recently or may be slated to change, making it essential to verify the current status of the zoning district with the municipality rather than rely on older records.

Obtaining Zoning Variances

Property owners can seek a variance from the municipality’s Zoning Board of Adjustment, which allows construction to proceed even though it conflicts with the municipality’s zoning ordinances. However, obtaining a variance can be a costly and time-consuming process. Each type of variance has strict legal requirements that must be met to obtain approval. In addition, certain procedural requirements must be satisfied.

Notably, New Jersey has modernized the public notice requirements for variance and other land-use applications under the MLUL. Under P.L. 2025, c. 72, which Governor Phil Murphy signed into law on June 30, 2025, legal notices that previously had to be published in a print newspaper must now be published online, a requirement that took effect on March 1, 2026. Public entities must post notices on their official websites, while private applicants must publish notice in an eligible online news publication. The requirement to serve notice by certified mail on property owners within 200 feet of the subject property remains unchanged.

Navigating  Local Zoning Laws in New Jersey Real Estate Transactions

Being proactive can go a long way in avoiding common zoning pitfalls in commercial real estate transactions. Before buying property, it is imperative to confirm that its existing use complies with all local zoning laws. If you plan to develop the property, it is equally important to verify that your intended use is permitted as well.

Because zoning issues can be complex, prospective buyers should work with experienced counsel who is familiar with local zoning regulations, can review any applicable land use documents, and will ultimately protect your legal interests throughout the transaction.

The attorneys in Scarinci Hollenbeck’s Land Use and Commercial Real Estate practice groups regularly guide buyers, sellers, and developers through zoning due diligence, variance applications, and land-use approvals throughout New Jersey. If you have questions about how local zoning laws may impact a property you are considering, or need assistance with an upcoming transaction or development project, contact Scarinci Hollenbeck today to discuss your options with a member of our team.