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1. How is the property in question classified? Is it classified as residential or commercial? I don't mean how the neighborhood is presently zoned, I mean how is this specific property classified?
There could be a difference and it might be legitimate. A commercial/industrial property can exist in a residential neighborhood if such a use was permitted PRIOR to any rezoning. This is called a "grandfathered use", and it protects property owners from enjoying their property as they have been accustomed despite zoning changes to the contrary. Alternately, if there was a use variance obtained at some point, that also would permit an alternate use of the property contrary to the zoning in place.
2. Is there a sign on the house and/or the property which bears the name and/or phone number of an auto-body/auto-repair business?
3. If the answer to #2 is yes, does the owner and/or the business hold a license to perform auto-body and/or auto-repair work? Auto-body shops MUST be licensed in New Jersey.
Magic78, your question is very vague and will remain so until you can answer the above questions. I know of neighborhoods with houses on the entire block and an auto repair facility sits right smack in the middle of the block on the same sized lot as the houses. The residential owners have no case against the shop because it was permitted and has been in operation long before the block was zoned residential. The only relief they would have is if the shop had/has violations, such as environmental or other quality-of-life issues that specifically violate one or more laws. Alternately, if the shop ceased operations altogether, the neighbors could use the interruption to petition the planning or zoning board to prohibit the use to continue. But running a business as approved and in accordance with all applicable regulations is not a violation.
I have been in Autobody for over 20 years and people like your neighbor are ruining the industry.
-these "backyard shops" are getting paid by a vehicle owner who has likely been paid the same hourly fees as a facility with legal licenses, trained techs, pays taxes, etc etc etc
-crap quality work gives the whole industry a bad name
-MOST OF ALL, it is illegal to paint anything (more than a bicycle, chair, etc) without a spray booth and special filters to ventilate the fumes away from homes/businesses because the vapors are harmful. If you were this persons neighbor and are OK with this next to your home you may as well do meth or smoke crack b/c the harm could be roughly the same without filters and ventilation.
This person could and should potentially be fined tens of thousands of dollars in the blink of an eye by the Motor Vehicle commision.
I empathize with you because I lived in a two family when I first moved to NJ. When the tenant moved in above us, along came his girlfriend, dog, friends and oh yes, his auto repair business. My baby's nursery faced the garage where he did all of his soldering, banging, drilling and oh yes, drugging and partying.
We complained to the landlord and all the landlord told him was to keep the garage door down if he worked late. Late was midnight.
As I see it, you have two choices:
1. Write an anonymous letter to the town.
2. Wait and see what actions the town takes. No change, move if it becomes unsafe and unlivable.
Everyone has the right to a peaceful enjoyment of their residence. I don't think this type of "business" belongs in a residential neighborhood. It changes the dynamics and if everyone in the neighborhood is using their home as it was zoned for, then that means ALL should comply.
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