Question : Trying to rent commercial space, zoning officer’s giving me bad looks, hire a lawyer?
We really want this space. We run a music studio with one-on-one music lessons. The landlord initially turned us down with concern for noise, then when I asked her to reconsider she had us bring our loudest instruments and she went to the 1st floor (salon) and 3rd floor (residence) and heard nothing and was very pleased to offer the space to us. The tenants were fine with it too.

Our realtor feel it necessary to double check the use with the zoning officer and, without clear reasoning from the codes, is being quite negative with us about the noise, although it’s been cleared with everyone to not be a problem. He clearly has his own unjustified reasons to not like the idea. He’s making us apply for a conditional use permit, which will cost us hundreds in THEIR attorney fees. He really didn’t need to make us do that, he could have just told us over the phone it’s okay.

I want this space. We’re such a small business that the fees they want to charge us already hurt, but maybe a lawyer for us is important if we really really want the space. This is our first commercial property, and we’re not buffs on this, we’re music teachers. Advice is greatly appreciated. Thanks!

btw- It’s a 2nd floor commercial office space in Morristown NJ on Washington St.
nj office space

Best answer:

Answer by cactusgene
Why don’t you ask the zoning officer for the exact zoning designation for the place you are trying to rent. Next ask for a copy of the zoning code description (they generally have hand-outs ready to give you) for that zone. In most cities the complete zoning code is also on-line. Then read that zoning code very carefully, as I suspect the ZONING CODE for your specific location REQUIRES a conditional use permit for your specific business, a condition which might not apply just 4 blocks away with a slightly different zoning. I find face to face meetings to be very useful, as you can ask him to show you in the code of the requirements for a conditional use permit.