Zoning and accessory uses

[JHZR2]

They aren't making any more land... and it's all in use by me.

But a little bit away, there's lots of farmland and open spaces that could be developed.

What I'd like is to build a large-ish (28x38 or so) pole barn or similar structure. Steel ones can be made and installed pretty cost effectively.

The challenge is, a garage or workshop is an accessory use. On my own land, my garage is incidental and subordinate to the principal use, which is my house.

So I want a garage and no house, on a lot of my choosing.

The accessory use, even if the garage is big, is common and customary. Even a standalone garage on a property I think would be argued to be customary, as long as it's not obnoxiously large or high.

So I think what I want to do is request a variance to permit accessory use as primary use. Is that correct?

I know very little about zoning, variances or how to negotiate use within a set of zoning ordinances. I assume it's a variance I want? A variance to either permit accessory use as customary, or else a permit to alter the customary uses, right? I'd argue I think that a variance or special use waiver allowing the accessory use to be the standalone application, right?

I will add that my ideal is ~1000sf single story structure on 1.5-3 acres of mostly wooded or agricultural land. I'd consider more land, and would consider lots down as small as 0.33 acre, but it's not my ideal. So notionally this structure would be out of sight and away from other residences.

Thanks for insight!

 

[bbhero]

It would be ashame if one our other moderators shut this thread down saying this is not Bob is the real estate attorney guy....

Candidly a attorney in your area who deals in real estate circumstances and zoning issues in your area would be the best way to go. My mom worked a attorney who did many, many real estate deals in our hometown county. He knew all the zoning laws and allowances and what was able to be done. That's the kind of person I would see if I were in a circumstance like yours.

My step father added a 32*28 foot separate garbage to their home... I would not be surprised if my mom's former attorney assisted in that matter. It had plumbing, heat and AC... It was really well done. Matched their custom built home really well.

 

[Wolf359]

Yeah, I don't know why threads with legal questions always get shut down. They're not technically against the R, P or S rules. The standard disclaimers should always apply in legal questions, which is the standard I'm not an attorney and to seek proper legal advice. However on the other hand if people are just seeking opinions and trying to get some kind of consensus, then the advice is worth what was paid.

Anyway with that said, no idea how it's done in NJ. Here it's the zoning board of appeals and you apply there if what you want to do is against the current zoning code. They may or may not grant you the permit. Usually you start out by going to the building department of the town and ask there. Sometimes you get answers, sometimes you don't as they sometime say they just approve/disapprove plans brought before them and they can't generate plans for you, that's up to you to find someone who can do it. Usually you get an architect to design some plans to submit before the board.

 

[Fawteen]

It all depends on what the zoning regulations are in the area that you want to build. The first thing you want to do is find out that information for your area. Rural areas can be significantly different, and often a lot more relaxed than city areas. The issue sounds like it will be that you want to subdivide some rural property and just throw up a metal building that could be used as a commercial building on it. Is the area included in any future land use maps? Most cities have a land development office that maps 20-30 years into the future for local growth, and if your prospective property is inside that future "boundary" then you may not be able to do what you want.

There are too many variables to be able to give you some decent advice, and even the terminology changes in different regions. A lot also depends on how the property is currently divided, and what the zoning board sees as the future use. Around here if you own a piece of rural land you can put up any structure you want-it's not uncommon to see machine sheds on farms that don't have a farmhouse. But put that piece of land in an area that the land use board has designated for expansion, and it's an entirely different scenario.

 

[eljefino]

What if you built a garage with an in-law apartment, then rented that out? You'd also have a mole who can shovel the driveway for you, and mow the lawn.

You'd have to meet a few building codes about firewalls and such, and have running water and septic, which you yourself could mooch.

 

[atikovi]

You would need commercially zoned land, and ideally industrial, for what you want. You can't put a garage only, on a residential lot. Land like that is prohibitively expensive anywhere near a major metropolitan area. Where in Jersey are you and how far are you willing to go? I have 3 car properties. A freestanding warehouse on 1/2 acre that is an hour away, a warehouse condo also an hour away, and a 4 car residential garage property that I had subdivided from the house 1/2 hour away. That one may have slipped through zoning but I'm not asking questions since I did it 20 years ago.

 

[wag123]

If you can get an agricultural exemption on the property (just put a few goats on it or lease the property out to a local farmer/rancher, it also reduces your property taxes to next to nothing), this is best way forward. In possession of an ag exemption you can erect a pole barn without any outside interference, zoning changes, or permission (at least it is that way in Texas).

 

[JHZR2]

Originally Posted by Wolf359
Yeah, I don't know why threads with legal questions always get shut down. They're not technically against the R, P or S rules. The standard disclaimers should always apply in legal questions, which is the standard I'm not an attorney and to seek proper legal advice. However on the other hand if people are just seeking opinions and trying to get some kind of consensus, then the advice is worth what was paid.

Anyway with that said, no idea how it's done in NJ. Here it's the zoning board of appeals and you apply there if what you want to do is against the current zoning code. They may or may not grant you the permit. Usually you start out by going to the building department of the town and ask there. Sometimes you get answers, sometimes you don't as they sometime say they just approve/disapprove plans brought before them and they can't generate plans for you, that's up to you to find someone who can do it. Usually you get an architect to design some plans to submit before the board.


This isn't even a legal question. Nothing is decided AT LAW. It is more procedural - real estate Ive bought has been in a finished, established status, not making something new.

There is no legal matter unless there is necessary appealing to a zoning board's decision. That is clear in the zoning regulations of any place I'm looking. So this is not a legal or political matter.

I get it that these things differ a bit from place to place. Around here, land is zoned for agricultural use too, so it seems like there's always permitting. To get far enough away that it's truly unincorporated and not covered by ordinance makes it inconvenient for my use, so not looking for that.


Most of what aim looking for is in alignment with your second paragraph. So one wants to do something inconsistent with zoning and they go to the board of appeals for a variance, correct? The nuance here is that what I want is permitted, just not principal use. So the question really is if that is what one goes after a variance for, or a "permitted use" approval, or what.

 

[JHZR2]

Originally Posted by atikovi
You would need commercially zoned land, and ideally industrial, for what you want. You can't put a garage only, on a residential lot. Land like that is prohibitively expensive anywhere near a major metropolitan area. Where in Jersey are you and how far are you willing to go? I have 3 car properties. A freestanding warehouse on 1/2 acre that is an hour away, a warehouse condo also an hour away, and a 4 car residential garage property that I had subdivided from the house 1/2 hour away. That one may have slipped through zoning but I'm not asking questions since I did it 20 years ago.


Sent you a PM

Agree, commercial land is prohibitively expensive. At the same time, I see properties like this, regardless of zoning, that somehow got there.

Last year, I saw a great one, 30x60 with two roll up doors on two acres, about 40 minutes away, for $32k. Another one like it on an acre closer to me for $50k. None currently on the market or that have sold since 2018 though that I can find...

 

[spasm3]

Is there a way to build it so its not technically a garage? Say without the garage doors. Pole barn perhaps to park tractors under. Then after its in and inspected, add the garage doors.

 

[tom slick]

Have you contacted the municipality in charge of what you'd like to do? Mine is very helpful in answering questions like this and they can give answers specific to your location.

 

[Linctex]

I can just Imagine what new jersey laws are like....

In Texas, I'd suggest a barndominium ("sort of") if it's in a residential area.
That way you can claim that there's actual living quarters in at least one small portion of it.

A shop by itself is usually reserved for Ag use or industrial -
most localities won't allow a "shop" by itself on a residential lot.

 

[cpayne5]

It's, obviously, completely dependent upon your locality's and state's regulations. Guessing people from NJ will be most helpful. Maybe check out garagejournal.com to see if anyone from NJ has gone through something similar.

My anecdote is this. I built a 40x60 pole barn as a garage/workshop a few years ago. When I approached my local building office, I was told that I needed a survey, plans, and a soil and erosion control plan due to the size of the project (>10k sq ft of disturbed ground). It was going to be hundreds, if not thousands, of dollars in documentation before they'd approve the build. Discouraged, I went to the county administrator's office to seek further advice. It's a small county, so it's the county government is very personal. I was told to go back and tell them it's an agricultural building - farm garage. So, I did. A quick application, $50, and I was on my way. Simply building it as a "farm" building removed pretty much all requirements - including any building inspections during the process. Hopefully you find as simple a solution as I did. Good luck.

 

[MNgopher]

Your first stop needs to be the land use authority for where ever you desire to have such a structure. Land use regulations vary widely across jurisdictions, period.

I say what I am about to say with the following background. A previous job meant I worked closely with and was involved in land use zoning and application of the rules, and I currently serve on my local City planning commission (which hears all variances and makes recommendations to our City Council in our City - others may be different).

The jurisdiction I worked for did not allow accessory structures on any residential or even ag zoned land without a primary structure. As described, what you want would in all likelyhood fall into such a classification. That jurisdiction covered all of a county outside of cities (ie: Townships) and was rural in nature.

The city I serve on planning commission for does not allow accessory structures without a primary either on residential or ag land either.

To be blunt, we don't grant variances just because someone wants one. As in, I want something on my land because I want it but its against the rules. In Minnesota, we have to follow a series of standards regarding whether the request is reasonable, caused by circumstances unique to the property, and that the use will not alter the essential character of the area It also has to be in harmony with ordinances and land use planning. In addition, economics are not a basis for granting a variance.

On its face, we'd not grant such a variance as you appear to be looking for. We don't allow accessory structures mainly to prevent folks from converting these into defacto living units (usually without building permits and not following other land use requirements), and to prevent businesses from operating out of them (which happens way more than you would think). In addition, we don't want permanent structures on land that is staged for development in the somewhat foreseeable future (which I'll say out to 2040 with our current crystal ball).

Build a house or have one, and we allow very large accessory buildings.

You are likely looking at commercial or industrial property if you don't want to live there. Often, many existing things were allowed at one time and are now grandfathered in if they were in place before the rules went into affect. Try to change the structure or improve it, and you'll be in for a tough time as the goal is to get rid of these uses as time moves on...

Again, call the land use authority first. They will get you pointed in the right direction, even if it isn't where you want to go. Don't try to pull a fast one with them either, as some are advising above. After going through several land use cases, it's gone as far as requiring a structure to be torn down. The ag exemption here requires submittiing tax records showing ag production when it isn't clear how it might be "ag". A person I know here built a shop to house his collection of cars and such - but its in an area with commercial zoning, and his neighbors are all small businesses.

It all depends on the local rules, and how they are applied.

 

[atikovi]

Originally Posted by MNgopher
Your first stop needs to be the land use authority for where ever you desire to have such a structure. Land use regulations vary widely across jurisdictions, period.

I say what I am about to say with the following background. A previous job meant I worked closely and was involved in land use zoning and application of the rules, and I currently serve on my local City planning commission (which hears all variances and makes recommendations to our City Council on our City - others may be different).

The jurisdiction I worked for did not allow accessory structures on any residential or even ag zoned land without a primary structure. As described, what you want would in all likelyhood fall into such a classification. That jurisdiction covered all of a county outside of cities (ie: Townships) and was rural in nature.

The city I serve on planning commission for does not allow accessory structures without a primary either on residential or ag land either.

To be blunt, we don't grant variances just because someone wants one. As in, I want something on my land because I want it but its against the rules. In Minnesota, we have to follow a series of standards regarding whether the request is reasonable, caused by circumstances unique to the property, and that the use will not alter the essential character of the area It also has to be in harmony with ordinances and land use planning. In addition, economics are not a basis for granting a variance.

On its face, we'd not grant such a variance as you appear to be looking for. We don't allow accessory structures mainly to prevent folks from converting these into defacto living units (usually without building permits and not following other land use requirements), and to prevent businesses from operating out of them (which happens way more than you would think). In addition, we don't want permanent structures on land that is staged for development in the somewaht foreseeable future (which I'll say out to 2040 with our current crystal ball).

Build a house or have one, and we allow very large accessory buildings.

You are likely looking at commercial or industrial property if you don't want to live there. Often, many existing things were allowed at one time and are now grandfathered in if they were in place before the rules went into affect. Try to change the structure or improve it, and you'll be in for a tough time as the goal is to get rid of these uses as time moves on...

Again, call the land use authority first. They will get you pointed in the right direction, even if it isn't where you want to go. Don't try to pull a fast one with them either, as some are advising above. After going through several land use cases, it's gone as far as requiring a structure to be torn down. The ag exemption here requires submittiing tax records showing ag production when it isn't clear how it might be "ag".

It all depends on the local rules, and how they are applied.


Sounds a lot like the HOAs. You'd think that if you paid your taxes and don't let a lot look run down, you should have enjoyment of your property within normal reasonable standards. I never thought a 1,000sf garage on an acre residential lot is unreasonable. I guess the counties wan't people to build $500,000 houses instead of a $50,000 garage so they can get 10 times as much taxes.

 

[MNgopher]

Curious where you get the idea only a $500,000 house will do? Build a house that meets building code, and the rural entity I worked for had no requirements for minimum square footage or finish materials or cost. 1 Bedroom, Bathroom, and a kitchen with an eating area, and you were good. No garage required. Then you could build whatever taj mahal of a garage/shop you wanted on your acreage with some caps on size.

Personally, my belief is some people will complain based on whatever suits them for the day. What is not offensive to you may be to your neighbor, even if you keep the place looking nice. Most people with shops like to work on things. Working on things sometimes means noise (power tools) and odors (paint, chemicals, etc...). Where do you go to the bathroom at your 1 acre property with no primary structure? (Ie: no septic field or sanitary sewer connection).

I don't even want to start on how many folks moved to one acre lots and just assumed that it was OK for them to start running their commercial auto body shop out of their large garage. There is a long track record of folks doing dumb stuff that results in the rules. For every rule on the books, your local land use authority can probably point to a specific case that led to it - we even informally names rules after the folks that caused them.

Some places rely on HOA's to administer order. Others use land use controls and zoning much more heavily. Don't like those, then move where they suit your desires. I've had the very same people that complain about the rules also complain about their neighbor and how what they do should be against the rules. Which is it? Should we have rules or none? We have other entitites with much looser rules. Funny enough, their land values are lower and their taxes are higher.

Don't like the rules, get involved. Whether that be your HOA, your planning commission, local politics, whatever. And most of all, get along with your neighbors.

 

[Win]

Originally Posted by JHZR2
...

So I want a garage and no house, on a lot of my choosing.



You would need to look at your jurisdiction and determine what criteria are used to examine variance requests versus zoning classification change, one may be more favorable to what you want to do, and it will likely be an attempt at rezoning

Around here, variances are typically small stuff that is more or less inconsequential to the land use plan, but of particular detrimental significance to the landowner and efficient use of the property. Examples would be maybe a building set back needs to be slightly adjusted, a turn radius on a driveway needs to be adjusted, a few fewer parking spaces, not practical to keep that tree, I'll just plant a new one over there - minor stuff like that. Typically this type of stuff gets a variance, although there may be some back and forth before it gets there.

Trying to use the lot for something not in the zoning code generally means you need to rezone the property. Which may or may not be possible depending on what you want to do, the property, the zoning and use of the surrounding property, and the general trend in the immediate area. An example of this would be my office is in a mixed use neighborhood, on a commercial lot. If I were to buy the residential lot next door to me, there would be no difficulty changing the zoning of that lot to commercial. If I wanted to go a block in a different direction - forget about it, best I could get would probably be some type of multi family.

In my area, what you want to do would require some sort of commercial or industrial zoning. As with the last time you raised this, I would consider just getting a commercial lot that already has a garage structure on it, and use that for your purpose. When you are done with it, you have a piece of commercial property to rent, sell, or re develop. Sometimes a cheap piece of junk in the right place, can become very valuable if given a bit of time, and you get the use of it in the meantime.