I'm submitting my application to the zoning department. I've have been told that i am zoned light industrial with no specific exclusions for the sale of firearms/ammo. I'm in a kind of industrial park setting.

 

My question is, what are the chances of me being declined by the town anyway?

I have limited knowledge on this topic, but I would venture a guess and say that it will be dependent on what town you are in and what the local politics are. I would say it couldn't hurt to attend some council/zoning board meetings and get to know the people that will vote on it before submitting the paperwork. With all of the craziness going on it is entirely plausible local politicians would jump on the anti-gun bandwagon by not approving another "evil gun" dealer in their town.

also, best of luck - based on your home range you must be in the central jersey area somewhere, and it is always nice to have another place to shop for firearms

You will most likely need a zoning variance from the town. If you look in the township zoning ordinances, they should have something on retail businesses and permitted uses. Do you own the building or lease?

If the proposed use is permitted in the zone that you are in, then you should be considered "as of right" and the application should be approved. It would be a very good idea to hire an attorney for the application, so that if the use is indeed as of right and you are denied you can file suit against the town and try to have a judge overturn the planning boards decision. However, if the use is not permitted you will need a use variance and have to go before the zoning board and demonstrate how the benefits of approval will out weigh the detriments. I think you will have a difficult time given the anti-gun sentiment of our lovely state.

 

I would hire an attorney, and good luck.

You need to look at what are the permitted uses for the "light" industrial zone in your town are. If it allows retail sales and doesn't specifically prohibit firearms stores, you should be OK. If it doesn't allow retail sales, you'll need a variance.

You will most likely need a zoning variance from the town. If you look in the township zoning ordinances, they should have something on retail businesses and permitted uses. Do you own the building or lease?

 

I'm zoned light industrial/ retail and have been advised the area has nothing specific on the books specifically excluding fireams or ammo sales.

 

I rent my unit and the landlord is 100% behind me

If the proposed use is permitted in the zone that you are in, then you should be considered "as of right" and the application should be approved. It would be a very good idea to hire an attorney for the application, so that if the use is indeed as of right and you are denied you can file suit against the town and try to have a judge overturn the planning boards decision. However, if the use is not permitted you will need a use variance and have to go before the zoning board and demonstrate how the benefits of approval will out weigh the detriments. I think you will have a difficult time given the anti-gun sentiment of our lovely state.

 

I would hire an attorney, and good luck.

 

 

I went to go see the biggest land use guy in all of ocean county. He told me i didn't need a lawyer. He pointed to an engineering firm to help me with the site map. The only thing i had to do was draw up a floor plan.

also, best of luck - based on your home range you must be in the central jersey area somewhere, and it is always nice to have another place to shop for firearms

 

Hey thanks a lot, i'm sure i am going to need all the luck i can get with this process. It's toms river btw.

 

 

 

I went to go see the biggest land use guy in all of ocean county. He told me i didn't need a lawyer. He pointed to an engineering firm to help me with the site map. The only thing i had to do was draw up a floor plan.

 

You will most likely need the plan drawn by an architect. The only reason why I would recommend an attorney is that if you need to go before the planning board, the attorney will ensure that all of the testimony on record will set up just in case you are denied and appeal by going to court.

 

When we develop in NJ.... we like to meet with the economic development person for the town or Mayor. Most of the time they are pro business and can be helpful. Before I would spend money on an attorney, I would get the feel of the town. Because the use is not specifically permitted by name, I think the below paragraph would kick in......Towns need revenue any business helps!

 

 

To obtain a use variance, i.e., approval for a use not specifically permitted under the zoning ordinance, an applicant needs to demonstrate that its proposed project meets both the "positive" and "negative" criteria required by the Municipal Land Use Law. To satisfy the positive criteria, an applicant must show that its proposed use is “inherently beneficial,” or that the site in question is peculiarly suited for the proposed use. Satisfaction of the negative criteria requires the applicant to demonstrate that the proposed use will not pose a substantial detriment to the public good and will not substantially impair the intent and purpose of the master plan and zoning ordinance

Here is the code for the Township of Toms River - http://ecode360.com/11762651

You will most likely need the plan drawn by an architect. The only reason why I would recommend an attorney is that if you need to go before the planning board, the attorney will ensure that all of the testimony on record will set up just in case you are denied and appeal by going to court.

 

If my app is denied, and i have to go for a variance, then i of course would bring in a heavy hitter to represent me.

You need to look at what are the permitted uses for the "light" industrial zone in your town are. If it allows retail sales and doesn't specifically prohibit firearms stores, you should be OK. If it doesn't allow retail sales, you'll need a variance.

 

looks like they are going to approve me. When dealing with government officials, it always helps to bring some cute kids with you.

looks like they are going to approve me. When dealing with government officials, it always helps to bring some cute kids with you.

If it's permitted by ordinance, it hard for them (but not impossible) for them to deny you.