Changes of Use

Changes in the use of a building or property may necessitate zoning and/or construction code approvals.

Zoning Requirements

You must determine that the proposed use is permitted in the zone. If it is permitted, the new use may trigger a need for modified site improvements. For example: the parking requirement for the new use may be different, the waste disposal requirements may be different or the traffic generation may be different. If the site needs to be modified to meet the zoning requirements a new site plan approval is required. If the use is not permitted, a “d” variance is also required.

Construction Code Requirements

The Rehabilitation Subcode, N.J.A.C. 5:23-6.1, et seq., establishes the construction code requirements for proposed changes of use in existing buildings. In some cases, additional construction work will be required. In some cases, it won’t. In some cases, there may be no work required in the building, but a change will be necessary to the required parking area. An example of this would be the change of office space to medical offices, which would require a larger number of handicapped parking spaces. The modification of the parking would likely trigger new site plan approval even if the zoning requirements didn’t.

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