Town laws make it impossible for restaurants to open (living in, zoning) - New Jersey (NJ) - City-Data Forum

joe moving · 07-21-2009, 01:54 PM

Just curious if this is really legal? They basically just put in a requirement for more parking than people. For example a 1000 sq ft restaurant that might have seating for 20 requires like 37 parking spots. They also don't allow restaurants within 250 feet of each other. It seems pretty bogus to me

wileynj · 07-21-2009, 01:56 PM

Quote:

Originally Posted by joe moving

Just curious if this is really legal? They basically just put in a requirement for more parking than people. For example a 1000 sq ft restaurant that might have seating for 20 requires like 37 parking spots. They also don't allow restaurants within 250 feet of each other. It seems pretty bogus to me

Each town has different planning and zoning requirements but from what I remember from my days of doing planning... sounds about right. You can try for a variance... it will cost extra but may be worth it.

JerseyGirl08 · 07-21-2009, 01:58 PM

What town is this? That does seem very unreasonable but it depends a little on the area too.

VeradoDan · 07-21-2009, 02:11 PM

I've been (literally) hundreds of planning board and board of adjustment meetings as a newspaper reporter, and this is all too true. Towns can, essentially, zone however they want. And if they want to zone areas so no more restaurants can move in, they can do so until a judge tells them they can't, which is highly unlikely.

It's one of this state's worst secrets. The power we give to a bunch of people on these planning boards is massive, and nobody knows about it until they're the victim. Yes, they have a purpose, but many of them are out of hand. I remember one man begging to be able to put in a ramp for his disabled wife and they board didn't want to let him because it would violate some setback regulation by 8-inches or something to that effect. And let me tell you, the cronies of the mayor and council populate these boards, and if you're not on their good side, good luck.

Obrero · 07-21-2009, 03:45 PM

I guess we should all move to FL then.

Giantwon · 07-21-2009, 03:51 PM

Quote:

Originally Posted by joe moving

Just curious if this is really legal? They basically just put in a requirement for more parking than people. For example a 1000 sq ft restaurant that might have seating for 20 requires like 37 parking spots. They also don't allow restaurants within 250 feet of each other. It seems pretty bogus to me

Is there beer or whiskey served?

I ask becuase this will affect parking for other business's in the area and at different times of the day.

mike0421 · 07-21-2009, 03:57 PM

Quote:

Originally Posted by VeradoDan

I've been (literally) hundreds of planning board and board of adjustment meetings as a newspaper reporter, and this is all too true. Towns can, essentially, zone however they want. And if they want to zone areas so no more restaurants can move in, they can do so until a judge tells them they can't, which is highly unlikely.

It's one of this state's worst secrets. The power we give to a bunch of people on these planning boards is massive, and nobody knows about it until they're the victim. Yes, they have a purpose, but many of them are out of hand. I remember one man begging to be able to put in a ramp for his disabled wife and they board didn't want to let him because it would violate some setback regulation by 8-inches or something to that effect. And let me tell you, the cronies of the mayor and council populate these boards, and if you're not on their good side, good luck.

This scenario seems more befitting of Pol Pot-era Cambodia than it does the United States of America. Well, at least maybe 1950s America.

These members of the planning board are unelected, yet their power is seigneurial. This, to me, is one of the greater disadvantages of living in a state such as New Jersey, because your rights to property are incrementally reduced to the point whereby the greater good of the state is invoked to do what amounts to an end run around the Constitution.

To quote Mark Levin: "In the civil society, private property and liberty are inseparable. The individual's right to live freely and safely and pursue happiness includes the right to acquire and possess property, which represents the fruits of his own intellectual and/or physical labor. As the individual's time on earth is finite, so, too, is his labor. The illegitimate denial or diminution of his private property enslaves him to another and denies him his liberty."

doc1 · 07-21-2009, 05:03 PM

NJ's not known to be a very business friendly state if you look at any polls pertaining to that subject.

Too much govt involvement.

Giantwon · 07-22-2009, 01:59 AM

Quote:

Originally Posted by doc1

NJ's not known to be a very business friendly state if you look at any polls pertaining to that subject.

Too much govt involvement.

LOL,

PompLks · 07-22-2009, 02:08 AM

[quote=mike0421;9878309]This scenario seems more befitting of Pol Pot-era Cambodia than it does the United States of America. Well, at least maybe 1950s America.

These members of the planning board are unelected, yet their power is seigneurial.

Props to Mike for sending me scrambling to look up a properly used word's definition. This is the first post I've ever read on here to accomplish this!