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Building Department

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1. How do I know if there are any open permits on a property?

Please contact the Building Department at 973-270-2028 and we can check on that for you.

2. How can I see what kind of work was done on a property?

The Building Department keeps a file on all properties which will show any permits that were taken. These files can be viewed in our office at 34 Chapel Hill Road during office hours (8 a.m. to 4 p.m.).

3. Do contractors have to be licensed with the town?

The Borough of Lincoln Park requires all contractors to be registered with the State of New Jersey as home improvement contractors for Building Subcode. Plumbers and Electricians must also be licensed.

4. Can I do work in my home without a licensed contractor?

Yes, a homeowner can do work in their own home, however they are held to the same code standards as a licensed contractor.

5. Does the Borough of Lincoln Park do CCO Inspections?

The borough does CCO inspections for smoke detectors, carbon monoxide, and fire extinguisher compliance. This is required upon the sale of a home or any new or changed rental.

6. How do I know if I need a zoning permit?

A general rule of thumb would be if any changes are being made outside the footprint of the main structure.

7. What is the purpose of a zoning permit?

A zoning permit is used to ensure that your property maintains the proper required setbacks
and doesn't infringe on the neighboring properties.

8. How much will my permit cost?

Permit costs vary on the scope of work and are based on the Borough of Lincoln Park’s
Fee Schedule. Building Department Fees

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Clerk's Office

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1. What time do the polls open?

6 AM

2. What time do the polls close?

8 PM

3. Is there a Notary at the Borough?

Yes, several offices offer Notary Services, including the Clerk's Office.

4. When are Council meetings?

The first and third Monday's of each month. The meetings start at 7:30 PM.

5. Where can I find the answers to my frequently asked questions?

Borough of Lincoln Park Home Page FAQs

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Code Book

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1. Can you recommend a carpenter or home improvement person to me so that I can have some property maintenance or property repairs performed?

No. We cannot recommend anyone to you. However, for your convenience we can provide you a list of locally licensed contractors but please know that persons and companies on the list are not required to satisfy any minimum standards of skill, education, or experience. You should exercise due diligence and always request references from your contractor.

2. Are all contractors required to obtain a local license from Lincoln Park?

Generally speaking, most contractors are required to obtain a license for improvements to buildings and structures except in cases where a state license is required to engage in the particular kind of work (e.g., new home construction, plumbing, electrical).

3. Do I need a contractor license to perform work on my own home?

No. The ordinance exempts owner and occupants from the registration and licensing requirement. However, you may still need to obtain zoning and construction related permits.

4. May I request that the contractor show me his license?

Absolutely. You should also request proof of insurance. In the event that your contractor cannot produce a contractor license or proof of insurance please contact the Code Enforcement Office to report the contractor's name and other information that may be useful for enforcement purposes.

5. My neighbor and I are having a dispute regarding the boundary line of our properties. Who can I call in town hall to help me?

Boundary disputes are personal legal matters and are not within the jurisdiction of the municipality. (Note: Unless a municipal boundary is the subject of the problem.) You should consult an attorney or your title company to assist you.

6. My neighbor's tree hangs over the fence into my rear yard. I am afraid that a tree limb will fall into my yard and cause damage. Who can I call in town hall to help me?

You should consult an attorney as this is a private leg. You should consult an attorney as this is a private legal dispute and the municipality has no control or jurisdiction.

7. If I make a complaint about a particular property or person does my name or written complaint become public record?

In most cases, unless there is an active criminal investigation, your complaint is a public record and may be released upon request to persons who request a copy.

8. Can I make an anonymous complaint?

Yes. You may contact us anonymously but your complaint will not be regarded as founded in nature unless it is verified by the Code Enforcement Officer. Our experience suggests to us that anonymous complaints usually are not as credible as regular complaints. We will accept your anonymous report and it will be reviewed on a low priority basis. A file will only be opened if the complaint is independently confirmed by the Code Enforcement Officer.

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Main

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1. How do I contact a city/county department?

Visit the Staff Directory to find all department and staff contact information.

2. Where can I find the answers to my frequently asked questions?

Use the FAQs module to easily find answers to the questions you ask the most.

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Municipal Court

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1. Can I pay for a ticket online?

Yes, you can pay for a ticket (motor vehicle violations only) online through the state website.

2. Can I pay for a ticket over the phone?

No, you cannot pay for a ticket over the phone. You can either mail in the payment or pay in person during regular business hours at 34 Chapel Hill Road. If you are mailing your payment in, you may only pay by check or money order payable to Lincoln Park Municipal Court to:
34 Chapel Hill Road
Lincoln Park, NJ 07035

3. Forms of Payment

Cash, Check, Money Order, or Credit Cards (we do not accept American Express)

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Parks & Recreation

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1. How do I rent borough fields or meeting rooms?

Contact the Recreation Office at (973) 694-6100  Extension 2044 or 2206.

Please be aware rentals will be based on facility availability.

Fees may apply.

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Police

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1. What can I do about ATV and dirt-bike concerns in my neighborhood?

All Terrain Vehicles (ATVs) and dirt-bikes can provide much outdoor enjoyment for all ages. However, there are strict laws regarding their usage. If you are experiencing ATVs or dirt-bikes being operated illegally in your neighborhood, call the police department at 973-694-5533 to have an officer dispatched to your neighborhood. An officer will respond to resolve the situation.

2. How can I contest traffic or parking citations?

A person who receives a traffic or parking citation may contest it by contacting the Lincoln Park Municipal Court. A court clerk will assign a court date. On the specified date, the person will be able to plead his/her case before a judge. Additional information can be obtained by calling the Lincoln Park Municipal Court at 973-694-6100, ext. 7120.

3. I lost my traffic citation. What do I do?

If you lost your traffic citation, you need to contact the Lincoln Park Municipal Court at 973-694-6100, ext. 7120 for information on how to proceed to contest the summonses or enter a guilty plea.

4. I have a question regarding my traffic citation. Who do I ask?

If you have any questions regarding your traffic citation, you need to contact the Lincoln Park Municipal Court at 973-694-6100, ext. 7120. The Lincoln Park Police Department is not authorized to supply information regarding the disposition or future outcome of any citation.

5. What can I do about my noisy neighbors?

A noisy neighbor may create a disturbance by having a loud television, stereo, or radio. These types of complaints are best handled by the Police Department because the loud noise is intermittent, occasional, or spontaneous. A loud party is also best resolved by the police department. Should the problem become on-going, an officer may issue summonses if warranted. A Community Policing Officer(s) may also be referred by responding officers to meet with the parties involved in an attempt to mediate the situation or if the parties are tenants, contact the landlord and inform them of the ongoing problem. As a complainant you are free as well to sign complaints and follow court procedures. To submit a complaint, please call 973-694-5533.

6. What can I do about juvenile delinquency problems with my children or in my neighborhood?

The Lincoln Park Police Patrol Bureau addresses youths who become involved in delinquent acts or family crisis matters, the matter is then referred to the Juvenile Officer. Officers encourage diversion of juveniles involved in minor offenses by means of early intervention and mediation. Many first time offenders of minor offenses will be better served by having the matter adjudicated at the lowest appropriate level, although the Juvenile Unit will aggressively investigate and prosecute those serious, habitual offenders that jeopardize the welfare of our community. The Lincoln Park Police Department will call parents of juveniles who are found out on the streets at extremely late hours to ensure the parents know of the whereabouts of their children. Contact the Police Department at 973-694-5533 for more information.

7. I was a victim of a crime and reported it. What happens next?

Follow-up investigations are conducted by the Detective Bureau. Cases are assigned on a priority basis by the Bureau Supervisor. To obtain information about an assigned investigation, victims may call the Detective Bureau at 973-694-5533 and inquire.

8. How can I report narcotics activity in my neighborhood?

There are several ways to report narcotics activity in your neighborhood. The Detective Bureau is the entity that handles citizen complaints/tips concerning narcotics activity at the street level. Narcotics activity may be reported by contacting the main desk at 973-694-5533. All callers can remain anonymous. In addition anonymous emails can be sent via the emails listed on this site. Staff Directory

9. How can I report a hate crime?

Hate crimes are very serious and traumatic incidents. It is important for citizens to remember that when these crimes are occurring, they should be reported to the police immediately by telephoning 911. When a citizen finds that he or she has been a victim of a hate crime and it is not an immediate life-threatening emergency, he or she should phone the Police Department at 973-694-5533 and report the crime.

10. How can I obtain a restraining order?

A Temporary Restraining Order (TRO) may be requested whether or not an arrest has been made or the police have been called. A TRO is always free. Emergency Temporary Restraining Orders are available through the Police Department at 34 Chapel Hill Road on a 24-hour basis. If the situation is non-emergent, you can request a Temporary Restraining Order (TRO) by appearing at the Morris County Superior Court during normal business hours, Monday through Friday. Follow these guidelines to assist you:

• Request a Temporary Restraining Order (TRO) at the Superior Court.
• Deliver a copy of the TRO, Proof of Service, and Law Enforcement Information form to your local police station. Retain the originals of all documents.
• You must return to court to obtain a Final Restraining Order. You will be given a return to court date when obtaining the TRO. The Final Restraining Order must also be served to the defendant and copies delivered to the police station.

11. What can I do about annoying or threatening phone calls?

If you become a victim of annoying phone calls, you should report them to the police department at 973-694-5533. Your phone company may be able to assist in tracking the origin of the calls if they have a police report number. If you become a victim of threatening phone calls, report them to your local police department immediately. Law enforcement takes threatening calls seriously, and so should you, especially if you are in a battering relationship or have been the victim of domestic violence.

12. How do I report a missing person?

You may initiate a Missing Persons Report by contacting the Police Department at 973-694-5533. Contrary to popular belief, law enforcement agencies in New Jersey do not require a person to wait a specific period of time before reporting a missing person. Once you suspect that a person is missing, the police should be notified immediately.

The Community Policing Unit encourages all parents to obtain Child Identification cards for their children. Child ID cards provide immeasurable assistance to law enforcement and parents in times of crisis when a child is lost or missing. The information contained on the Child ID cards allow officers to forward that information in the form of a statewide Amber Alert, which instantly notifies law enforcement of missing children. Child ID events are held several times each year. Watch your local newspapers and billboards for dates, or call the Community Policing Unit at 973-694-5533, ext. 7162 to find out when the next Child ID event is being held.

13. What can I do about identity theft?

If you become the victim of identity theft, it is important to act immediately to stop the thief's further use of your identity. Immediately contact all your credit card issuers. Get replacement cards with new account numbers. Ask that the old accounts be processed as "account closed at consumer's request." (This is better than "card lost or stolen," because when this statement is reported to credit bureaus, it can be interpreted as blaming you for the loss.)

Learn more about identity theft.

14. What can I do about barking dogs in my neighborhood?

Although pets can provide much companionship and love, they can also become a nuisance to an entire neighborhood if not cared for properly. If it is at inappropriate times contact the Police Department at 973-694-5533.

15. What are the regulations regarding construction-related noise?

The regulations regarding construction-related noise prohibits a person, between the hours of 7 p.m. and 7 a.m. of the following day, to perform any construction or repair work of any kind. However, there are exceptions to this ordinance. For clarification, contact the Building and Zoning Department at 973-694-6100

16. If I'm involved in a traffic accident, what should I do?

As our township grows, so does traffic congestion and the likelihood of traffic accidents. Should you find yourself in the unfortunate situation of being involved in a motor vehicle accident, there are certain steps you should follow for your safety as well as to assist you through the entire process:

• Regardless of the severity of the damage, always call the Police Department to respond and make a report.
• Never leave the scene of an accident without first reporting the accident to a police officer.
• If your vehicle is still in the roadway, there are no injuries reported as a result of the collision and your vehicle is safe to do so, carefully move your vehicle to a safe location (i.e. shoulder of roadway or parking lot).
• If you are unable to move your vehicle safely to another location, remain in your vehicle until assistance arrives. Unless your vehicle is in a hazardous location, then dismount your vehicle and go to a safe location.
• Attempt to refrain from arguing with any other persons involved in the collision.
• Retrieve your driver's license, registration and insurance card. Be prepared to produce these documents to the officer who responds to investigate your collision.
• When an officer asks you questions pertaining to the collision, attempt to give a clear and concise account of the accident. Do not feel that any piece of information is too minor to report.
• Ask the officer for your case number so you can give that case number to the Police Records Bureau when retrieving your accident report.
• You may obtain a copy of your accident report after 5 working days at the Lincoln Park Police Department.

17. How can I get a copy of a police report?

Traffic Accident reports can be picked up at the Police Records Bureau, 34 Chapel Hill Road in Lincoln Park, Monday through Friday, 8 a.m. to 4 p.m. The fee is $0.75 per page for the first to 10th page; $0.50 for the 11th to 20th page; all pages over 20 $0.25 per page. Accident reports are generally 1 to 3 pages in length, depending upon the severity of the accident. Criminal investigation reports may also be picked at the Record's Bureau, however, some restrictions may apply. Contact Police Records at 973-694-5533 for further information. Also check on this website for "forms" which can be filled out and emailed in for records requests.

18. What can I do about suspicious activity in my neighborhood?

There are several ways to report suspicious activity in your neighborhood. The Police Patrol Division is the entity that handles citizen complaints concerning suspicious activity at the street level. Suspicious activity may be reported by contacting the police department 973-694-5533. Any suspicious activity appearing to be a crime in progress should be reported to 911. The Lincoln Park Police Crime Prevention Unit encourages all neighborhoods to form Neighborhood Watch groups. Watch Groups provide extra eyes and ears in our neighborhoods. Call the Community Policing Unit at 973-694-5533, ext. 7162 to obtain more information on Neighborhood Watch in your community.

19. What can I do about traffic concerns in my neighborhood?

If you have a concern with traffic in your neighborhood such as speeding vehicles, you should contact the Traffic Safety Bureau in writing, email or by phone. A Traffic Safety Officer will respond to your neighborhood to survey the traffic. Officers may remain posted on your street during busy traffic times to issue summonses, or may post a RADAR trailer on your street to advise the motoring public of their speed and the posted speed limit. Calls may be placed to 973-694-5533, ext. 7161, email the Traffic Bureau or write to:
Traffic Safety Bureau
34 Chapel Hill Road
Lincoln Park, NJ 07035

20. Does Lincoln Park employ civilian Telecommunicators?

Yes, currently there are 2 Telecommunicators and 2 Telecommunicator Trainees on staff.

21. Do you hire Alternate Route candidates?

Yes, if they are on the list promulgated by the Department of Personnel in compliance with their hiring rules.

22. Does Lincoln Park employ Special Class I or II officers?

Yes currently Lincoln Park employs two Special Class I officers. We have provisions to employ Class II's but currently have not opted to fill those positions.

23. Does Lincoln Park have any certifications or qualifications to become a police officer?

Yes, the applicant must first pass a test administered by the New Jersey Department of Personnel. They then promulgate an eligible list for Lincoln Park to initiate background investigations. At a minimum police officers must:

• Be capable of passing basic police training at a certified New Jersey police academy
• Be able to cope with situations firmly, courteously, tactfully and with respect for rights of others
• Have at a minimum graduated from high school or possess an equivalent certificate
• Possess and maintain a valid New Jersey drivers license
• Be 18 years of age or older
• Be able to pass a thorough medical examination, to include psychological examination
• Be free from a criminal background

These are just a few but not entirely comprehensive of the entire hiring process.

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Recycling

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1. Can I continue to use the Recycling Center?

Yes you can. You will have to separate your recyclables. The Recycling Center is open Monday through Friday from 7 a.m. to 2:45 p.m. and Saturday from 8 a.m. to 3:45 p.m.

2. Do you pick up brush?

Brush pick-up has been contracted out to an outside vendor. Please pay attention to the specific pick-up dates, brush put out on non pick-up dates is unsightly and will result in a violation of borough ordinance.

3. How do you dispose of household batteries?

You can dispose of batteries (AA, AAA, C & D) in regular trash. Car batteries are accepted at the Recycling Center.

4. I live in an association, do I still receive this service?

It depends if your association has chosen to operate in the same manner or has provided a different service for your recycling.

5. I recently did major renovations to my home. Can I bring those materials to the Recycling Center?

No. You have the option of taking those items to a fee based resource such as the transfer station operated by the Morris MUA or renting a dumpster. Construction material will not be allowed at the Recycling Center.

6. Are clothes accepted at the recycling center?

Clothes are no longer recycled at the Recycling Yard, you can find clothes bins in the Walgreen's parking lot and Ace parking.

7. Do you accept books at the recycling center?

Yes, we have a recycle/reuse book bin and we will accept books, magazines and children's books. We will not accept anything wet or molded, and no encyclopedias.

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Tax Collection

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1. I disagree with my property assessment and would like to have it reviewed. What do I do?

We are able to assist you more efficiently if you schedule an appointment with the Tax Assessor. Please call 973-694-6100 ext. 7115.

2. I agree with the land assessment but I disagree with the building assessment. Can I appeal one but not the other?

Land and building assessments cannot be appealed separately.

3. Can I appeal my property tax bill?

A tax appeal is not an appeal of your tax bill. The amount of taxes you pay is never an issue during an appeal because neither the Tax Assessor nor County Tax Board has control over budgets submitted by municipalities, schools, counties or fire districts.

4. Can I file my tax appeal form with the Tax Assessor's Office?

No. The municipality cannot accept tax appeals. Your appeal form should be filed with the County Tax Board or Tax Court as the case may be.

5. What is the deadline to file a tax appeal?

The filing deadline is April 1 of the tax year in question. Filed means that the appeal form must be received on or before April 1. Date of mailing is not used in determining whether an appeal is timely.

6. I am appealing my assessment and want to establish my case by using comparable assessments. Is this acceptable?

No. Comparable assessments are not acceptable evidence of the value of your property. You should submit at least 3 recent comparable sales of other properties of a similar type in the same neighborhood.

7. I have not applied for a certificate of occupancy but I received an assessment notice. Why?

Assessments cannot be avoided by delaying issuance of a certificate of occupancy. If the building is substantially complete it is subject to assessment.

8. I am appealing my assessment and I feel that I should not have to pay my taxes until my appeal is heard and resolved. Is this acceptable?

Payment of first quarter taxes and other municipal charges (e.g., water, sewer, etc.) is a prerequisite to the appeal process. Your appeal will not be accepted unless taxes and other municipal charges are paid.

9. Can the Tax Assessor and I settle my appeal before the hearing?

We will attempt to resolve discrepancies by stipulation if ethically possible. A settlement stipulation completed sufficiently in advance of a scheduled hearing will serve to avoid an unnecessary appearance before the County Tax Board. However, if the assessment is defensible in our opinion, we will provide you with the evidence that supports our position.

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Zoning Board of Adjustment

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1. If I make a zoning complaint about a particular property or person does my name or written complaint become public record?

In most cases, unless there is an active criminal investigation, your zoning complaint is a public record and may be released upon request to persons who request a copy.

2. My neighbor and I are having a dispute regarding the boundary line of our properties. Can the Zoning Office help me?

No. This is not a zoning issue. Boundary disputes are personal legal matters and are not within the jurisdiction of the municipality (Note: Unless a municipal boundary is the subject of the problem). You should consult an attorney or your title company to assist you.

3. My neighbor's tree hangs over the fence into my rear yard. I am afraid that a tree limb will fall into my yard and cause damage. Can the Zoning Office help me?

No. This is not a zoning issue. You should consult an attorney as this is a private legal dispute and the municipality has no control or jurisdiction.

4. Can I make an anonymous zoning complaint?

Yes. You may contact us anonymously but your zoning complaint will not be regarded as founded in nature unless it is verified by the Zoning Officer. Our experience suggests to us that anonymous complaints usually are not as credible as regular complaints. We will accept your anonymous report and it will be reviewed on a low priority basis. A file will only be opened if the complaint is independently confirmed by the Zoning Officer.

5. What is an Administrative Officer Error Appeal?

This provision is known as the Administrative Officer Error appeal. For instance, if a use allegedly became nonconforming prior to the preceding year the Zoning Officer
cannot issue a zoning permit confirming the existence of the nonconforming use. The owner of the
nonconforming use must appeal the denial under this provision to the Zoning Board of Adjustment.

6. What is an interpretation of the land use ordinance?

For example, a zoning ordinance may state that a particular land use district permits manufacturing and defines that word with some examples of manufacturing uses. However, the applicant intends to operate a manufacturing establishment which is not specifically defined in the ordinance and does not fit easily into any of the provided for examples of manufacturing.

Nonetheless, there is no dispute that the activity constitutes manufacturing. The applicant could (and should) in this case file an application requesting relief in the form of an interpretation of the land use ordinance in order to determine whether the proposed use is permitted in that zoning district. An interpretation of the zoning map is also permitted.

7. What is a special questions application?

This application typically comes in the form of a question whether a proposed use is similar to or has the same general characteristics of any of the uses specifically permitted in the subject zoning district. This issue may involve an interpretation of the zoning ordinance, but it requires a noticeably more intense level of comparison between the proposed use and the permitted use than does an ordinary interpretation case.

For example, a zoning district may specifically permit retail stores, hotels, hair salons, and bakeries but does not list a bowling alley as a permitted use. The applicant could apply for relief under this section requesting a determination that a bowling alley is characteristically similar to the enumerated permitted uses.

8. What is a (c.) (1) or hardship variance?

This variance may be sought where an applicant can show that strict application of the ordinance, where there are unique and exceptional characteristics of the subject property, would result in undue hardship to the applicant.

In Ric-Cic Co. vs. Bassinder, 252 N.J. Super. 334 (App. Div. 1991), the court held that denying setback and off-street parking variances would create hardship where they would make development of the applicant's property impossible under the circumstances. The applicant was rebuilding a restaurant on an ocean pier which had no space for parking or for the required setbacks.

Note: Personal hardship is not grounds for granting the variance. Nor is a self-created hardship grounds for granting the variance such as when an applicant constructs a dwelling in ignorance and in violation of the required setbacks. Negligence or flagrant violation of the zoning laws will not be rewarded with a variance. The proper analysis focuses upon the hardship arising out of the conditions peculiar to a specific piece of property.

9. What is a (c.) (2) or substantial benefit variance?

Undue hardship is not a criteria under this variance. Rather, in addition to other enumerated criteria, the applicant must demonstrate that a purpose of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance.

For example, where a stream crosses a rear yard a (c.) (2) variance may be approved to allow for adjustment of setbacks in order to protect the stream and prevent the degradation of the environment through improper use of land (i.e., one of the purposes of the Municipal Land Use Law).

10. What is a (d.) (1) or Use Variance?

In addition to other criteria, the applicant must demonstrate that there are special reasons to deviate from the zoning ordinance.

For example, a marina use might be found suited for waterfront property in a residential zone. Likewise, a private hospital for the emotionally disturbed might be found suited for property in a residential zone. Generally, there may be special reasons for the grant of a (d.) (1) variance where the development advances a purpose of the Municipal Land Use Law or refusal of the variance might impose on the applicant an undue hardship.

11. What is a (d.) (2) or variance for the Expansion of a nonconforming use?

A nonconforming use is one that was a conforming use prior to enactment of a zoning ordinance or prior to a change in an existing zoning ordinance.

Such a situation arises, for instance, where an auto repair business is conforming under an existing zoning ordinance but a subsequent amendment changes the district from general business to residential. A (d.) (2) variance would be required before the owner can construct additional garage space to accommodate more cars. By way of further example, consider a business which is located in a conforming 3-story building but a zoning amendment later limits building height in that zone to 2 stories. In this case, the owner of the building would require a (d.) (2) variance to construct a fourth floor.

12. What happens to a variance if I sell my home or business?

Variances run with the land. This means that a variance will continue in effect as ownership of the property or business changes. However, the new owners must adhere to the terms and conditions of the original variance granted and obtain all other necessary approvals and permits as required by law. Note: If a use permitted by variance is abandoned the variance is abandoned as well.

13. Does the Zoning Board of Adjustment or Planning Board have to grant me a variance?

No. When you request a variance you bear the burden of meeting a standard of proof that has been established by state statute and tested in probably thousands of reported and unreported court cases. The boards will apply the relevant standard to your application and make a decision on the facts of your particular case.

14. I was told that a homeowner on the other side of town received a variance similar to the variance that I am requesting. Shouldn't my variance be granted too?

Not necessarily. Each application stands on its own merits. Until the board members hear and consider the evidence it is not proper for them to prejudge the application or appeal. Essentially, the board is a quasi-judicial body and should be respected as you would a court of law. You can expect that your application or appeal will be considered fairly but you should not expect that the result will be the same as in a similar case. No 2 zoning cases are exactly the same.

15. Do I need a lawyer to represent me before the Zoning Board of Adjustment or Planning Board?

Although it generally is not necessary for you to be represented by an attorney, you are strongly encouraged to consider hiring a competent land use attorney for purposes of guiding your application or appeal through the maze of procedural and substantive requirements of state law and local ordinances.

A recurring complaint received from applicants whose requests for relief have been denied is that they were not familiar with the complex legal standards and burdens of proof when preparing for their hearing. Many applicants have left the hearing room disappointed and confused, feeling that an attorney could have made a difference.

16. I was advised by the clerical employee at the Zoning Office that I should request a certain type of variance and that the Board of Adjustment should grant my application. Is that true?

We ask Zoning Office clerical staff not to render substantive advice to applicants. There is a reason for this. Clerical employees receive no special training in land use law or procedures. Land use regulation is a complex area of municipal law. You should refer most of your questions to the Zoning Officer and it may be the case, depending on the complexity of your question, that you should consult an attorney to assist you. We developed an Instructions to Zoning Board of Adjustment Appeal Form that explains the various types of relief available to you.

17. The Zoning Officer refuses to give me a zoning permit and says that I will have to obtain a variance. Can the Mayor or committee members order the Zoning Officer to give me a variance?

No. In fact, under some circumstances it may even be a violation of the criminal code to do so. The best advice we can give you if you are unhappy with the Zoning Officer's decision is to contact the Director of Community Development and Planning first. The Director will review the file and consult with the Administrator and/or Municipal Counsel. If you are unhappy with the Director's conclusion then you should contact the Administrator's Office.