Quick Guide to Residential Zoning: What You Need to Know

Zoning Laws Are Fluid: Zoning regulations can change over time, and what may have been allowed a decade ago might not be permissible today. We start every project with a current owners survey and verify current zoning codes in your municipality as a first step in every project. *Note every town is different. And different areas within a town have different requirements. The zoning officer in your town is a great place to start especially if you are buying an empty lot or you are considering a large addition or knock down. Buyer beware…if you knock an existing home down, you may not be able to build anything at all. Know the codes.
What You Can Build:
- Permitted Use: Depends on the zone. We specialize in single-family homes meaning one home per lot.
- Accessory Structures: Garages, sheds, pools, tennis courts, and greenhouses may be allowed, with specific conditions.
  - Your town will have different setbacks and coverage amounts for structures. An example is that detached garages will have to be “x” feet from the rear property line and not closer than say 10 feet from the primary structure.
  - Just because there is a house there now, does not mean you can build one the same size in the same place or at all. Save yourself some heartache…don’t just go knocking it down.

Variance granted for this new garage within the “front yard set back” in an effort to save a tree and limit impervious coverage with an extra long drive way.

Key Lot & Setback Requirements:

Lot Size: Different zoning districts have different minimum lot size requirements, which impact the type of structures you can build.
Setbacks:
- Front Yard: Generally, your home must be set back from the street—often either a minimum distance or the average of neighboring homes.
  - Note: corner lots have two front yards making it challenging to expand without a variance.
- Side Yards: Requirements vary based on the number of stories in your home (e.g., larger setbacks for two-story homes).
- Rear Yard: Typically requires a minimum percentage of the lot’s depth to remain unbuilt.
- Lot Coverage: Limits on how much of your lot can be covered by buildings and impervious surfaces (e.g., driveways, patios).

Floor Area Ratio (FAR): Not all towns have this. It is a volume calculation and was created to limit “McMansions” or “Big Box Homes”
- Max FAR: This ratio typically limits how much floor area can be built compared to your lot size
- Purpose: To ensure open space and sunlight on a property, preventing a lot from being completely covered by buildings
- Habitable space: To be considered Habitable space the average ceiling height in the room has to typically be 7’-0”
- What spaces are included in the calculation: This depends on your town…here is an example from a NJ town in Essex County.
  FLOOR AREA RATIO RESIDENTIAL — The sum of the area of all floors of a building or structure compared to the total lot area. The area of all floors shall be computed by using the outside dimension of the exterior walls of the building or structure. Where cathedral, vaulted, or elevated ceiling space above a lower floor provides a floor-to-ceiling height equal or greater than 16 feet, the floor area of such space shall be doubled in calculation of the floor area. Such computation shall not include basements nor floor area of that part of any room where the ceiling is less than seven feet. Such calculation shall include private garages. Deviation from this standard shall require variance relief under MLUL, N.J.S.A

Steep Slope is another challenge. Houses built on steep slopes are restricted to the amount of soil that an be disturbed.

Building Coverage, Steep Slope & Stories:

Max Building Coverage: Limits on how much of your lot area can be covered by buildings.
Impervious coverage: Patios, walk ways etc.
- Check your town…In some, Pools and Decks often count as building coverage consult the zoning definitions in your town.
- More and more, towns are limiting coverage of any kind. Requiring a calculation for both Building and Impervious with a limit to the combine total. —(Reason— older communities like the ones in NJ do not have the infrastructure to manage the runoff created by the built environment.)
Height, Number of Stories and Average Grade: Most zones limit buildings to 2.5 stories or a specific height (e.g., 32 ft, or 35 ft with a steep roof). The height is typically measured from the average grade to the main roof ridge.
- To calculate average grade consult the zoning documents for your town.
Steep Slope is another challenge. Houses built on steep slopes are restricted to the amount of soil that an be disturbed. They are also required to manage the run off so as to not impact the down hill homes.

Again — this is a steep slope, it is a corner lot— to two front yards and an attached garage requiring a through understanding of the zoning codes.

Renovation Tips:
- Basement Elevation: If finishing a basement, ensure you check if it counts toward your FAR or height limits based on its elevation.
- Check the zoning first. If you knock it down…you may not be permitted to rebuild.
Garages & Driveways:
- Many towns do not permit street-facing garage doors…always double check the zoning…if you have it, you can often keep it as long as you don’t change it.
- Detached garages have set back requirements.
- Attached garages have fire separation rules.
- Driveways count in your coverage limits.

Detached Garage Placement …Check the zoning.

Need Help?: Zoning laws can be complex and vary by district. Clawson Architects has a wonderful reputation and is the go to firm for creative solutions. Need a variance…While no one can promise you it will be approved by the Zoning Board of Adjustment, and it adds to the cost of the project, sometimes it is necessary to have a successful project and we can assist in the effort. Schedule a consultation and ensure any project is within current zoning guidelines or to see if their is a reasonable alternative that may be achieved with a variance.