By Dennis M. Galvin, Esq. Published in the New Jersey Planner, November/December 2012 A non-conforming use is a use that was lawful prior to an amendment of a zoning ordinance. A preexisting non-conforming use may continue indefinitely unless it is terminated, abandoned or substantially destroyed. Notwithstanding this entitlement to continued existence, non-conforming uses “are disfavored […]

By Dennis M. Galvin, Esq. Published in The New Jersey Planner, May/June 2012 This article seeks to explain the roles of the Zoning Board of Adjustment and the Municipal Zoning Officer, and the limits of their authority. It is essential that each respects the diligent efforts of the other. THE ZONING BOARD OF ADJUSTMENT The […]

By Dennis M. Galvin Published in Local Government Law Review, August, 2011 The Federal and State Courts have recently rendered some interesting and instructive cases in the area of “Adult Entertainment.”  This article will review these cases and suggest a procedure for managing adult entertainment uses in your community. In the unreported Federal case of […]

By Dennis M. Galvin The New Jersey Planner, July/August 2010 It is important for you, as board members, to remember that emotions run high for and against all controversial actions. Sometimes, when a developer or objector disagrees with your ruling, they might try suing individual board members, and not just the board. It must be […]

By Dennis Galvin, Esq. Published as a Special Feature in the NJ Planner, July/August 2007 Zoning Boards of Adjustment are routinely asked to grant use variances for what are commonly referred to as, inherently beneficial uses.[1]  As a legal term of art, inherently beneficial uses represent a class of uses that are so beneficial to […]

By Dennis M. Galvin, Esq. Printed in the Summer 2004 edition of the New Jersey Planning Officials’ publication, The New Jersey Planner Every experienced Board member of a Planning Board or a Zoning Board of Adjustment, knows the importance of putting their comments in support of their decision on the record. To be fair, there […]

By: Dennis M. Galvin, Esq. Published in New Jersey Municipalities, March, 1997 Many municipalities throughout New Jersey have witnessed an increase in the number of applications before their zoning and planning boards seeking approval of radio transmission towers. As mobile communications have expanded to serve ever increasing numbers, the need for radio towers has also […]