How Zoning Works: On the Surface

At nearly every zoning board of adjustment meeting, there's talk about "impervious surfaces." A simple explanation of this term: Anything placed on a parcel of land, and in particular anything that affects the flow of water or air or compacts the soil. Buildings, driveways, solar panels–you name it. And the regulations surrounding it can determine what you have the right to install. 

Impervious surfaces are important to the zoning board officials because for one–they don't want your property to flood. Too much man-made stuff might turn a parcel of land into a lake–and maybe even that of your neighbor's. But natural surfaces, like dirt and sand, act like sponges when faced with large buckets of rainwater.  So striking a balance between the natural and the man-made is a beautiful thing to a zoning board.

So is maintaining a certain look. In Cranford, many ordinances put weight on keeping the natural look and lessening the amount of impervious surface. More grass, less concrete.

"We're suburban and we want to maintain a suburban character," explained Zoning Officer Robert Hudak. He added that all the buildings should be set back a certain distance to maintain that grassy parkland look–at least in residential areas, in which no businesses are allowed to grab plots.

Of course, there are exceptions. But that's one reason why a zoning board is there after all–so residents can appeal the rules, and maybe beg for that pretty yet impervious-surface-laden deck. When a zoning board grants an exception to the rule, it's known as granting a variance.

Impervious surfaces are just one piece of the puzzle that zoning boards deal with regularly. Officials want to make sure land use is beneficial to the community and doesn't anger the neighbors.

In fact, the first real zoning regulations happened because of a certain incident way back in the early 1900s in New York City that didn't make the neighbors very happy.

The 38-story Equitable Building is a massive skyscraper in the financial district. It was considered a huge architectural achievement to some; but to its neighbors, it was a nuisance.  Responding to resident complaints that the building dwarfed the streets and deprived them of sunlight, the city scratched a new bill into the books–the first zoning restriction. It restrained architects from building structures that reached a certain size at certain heights. It also restricted towers based on the length and width of the lot.

So both for quality-of-life and for aesthetic reasons, zoning boards and their ordinances are here to stay. So be careful where you place those impervious surfaces.

If you want to check the impervious surface regulations that define your neighborhood,  search the Zoning Board of Adjustment's online resources.