When a buffer from a residential area is required does it include from a street as well?

[ghurty]

What is the name of your state? New Jersey

In the Municipal code, it says that a school is permitted in a residential zone, but a 20 ft buffer is required from a "residential use or district". So, for sure where the property borders another resident they need that buffer. But Where it borders a street that is cutting through that residential neighborhood, is it still required to have a buffer from the street?

Thank you

 

[FlyingRon]

You'll have to say which municipality it is. Every locality has their own buffer requirements. In the town I lived in, buffers are between abutting properties. Any property line facing a street didn't require it. Your mileage may vary.

 

[ghurty]

You'll have to say which municipality it is. Every locality has their own buffer requirements. In the town I lived in, buffers are between abutting properties. Any property line facing a street didn't require it. Your mileage may vary.

Sorry for the delay. This is located in Lakewood New Jersey. If it is code doesnt explicitly limit it by a street does it still apply?
http://clerkshq.com/default.ashx?clientsite=lakewood-nj

 

[FlyingRon]

My reading of your ordinances is that if the street frontage faces a residential use, then it needs the 20' buffer. If you are concerned about a proposed school that faces your property, your first step is usually to talk to the staff person involved in the project.

http://www.lakewoodnj.gov/department/zoning

You can look up the zoning of a parcel and its abutters here: https://onelakewood.maps.arcgis.com/apps/View/index.html?appid=e2132119e8d947c1ad1c0c3f0a856037

 

[ghurty]

Thank you. Unfortualy the township has the attitude to give schools as big as a break as possible. Does the planning board or zoning board have to give good reason for giving a variance, or they can just do it if they feel like it even if all the neighbors are against?

Thank you

 

[not2cleverRed]

Thank you. Unfortualy the township has the attitude to give schools as big as a break as possible. Does the planning board or zoning board have to give good reason for giving a variance, or they can just do it if they feel like it even if all the neighbors are against?

Thank you

It depends.

I've seen cases in my area, albeit in a very different state, where the town/village has been sued over Zoning Board of Appeals decision to not grant a variance. Sometimes such lawsuits are successful, sometimes they're settled.

I have found that my municipality's ZBA is loathe to deny a variance (unless it's for a homeowner!), seemingly unable to understand that the root of the word "Variance" is "vari", meaning in Latin "different; change". In other words, the petitioner is asking to "vary" from the Municipal Code, and does not automatically have the legal right to have a variance granted.

The best thing the neighbors can do is to make their views on the subject known, in writing and at relevant meetings. They can choose to do this individually or as a group.