Understanding the Basics of Municipal Land Use

How communities grow, develop, and change over time is not an accident. Societal forces like population change, economics, and the environment shape how we live, but the physical form of cities is controlled by the laws, regulations, and plans we create in response to those forces. In New Jersey, land use decisions are shaped by a combination of policies and laws that regulate what can be built and how cities evolve.

But who decides what can be built? And what’s the difference between a Master Plan, Zoning Ordinance, and the Building Code?Understanding the basic elements of urban planning can help residents understand local decision-making, advocate for their communities, and hold elected officials accountable for decisions made on their behalf.

What is a Master Plan?

A Master Plan is a long-term policy document that sets the vision for a city’s future. It outlines goals for land use, transportation, housing, economic development, and public spaces. Ideally, a Master Plan is created or updated through robust engagement to ensure that its recommendations align the community’s desired vision for the future. This typically involves an extensive series of meetings, workshops, surveys and opportunities for input by citizens throughout the process. In fact, New Jersey law requires municipalities to update their Master Plan at least once every ten years.

In 2017, the City of Asbury Park fulfilled this requirement by adopting a reexamination of the 2006 Master Plan (City of Asbury Park 2017 Master Plan Reexamination Report). While a reexamination report fulfills the City’s statutory requirement to update the Master Plan, Asbury Park has not completed a comprehensive revision of its Master Plan in nearly 20 years.

The current master plan re-examination report is due for revision and represents an opportunity to establish a progressive, sustainable, and fair vision for the future of Asbury Park. The upcoming years will be crucial for residents to stay informed and get involved if they want to shape the next Asbury Park’s Master Plan.

While the Master Plan is an important planning tool, it is not a law. Instead, it is a guide which influences the Zoning Ordinance (law) and coordinates decision-making that implements the community’s vision for the City. For example, if a Master Plan calls for more walkable neighborhoods, affordable housing, arts and culture, or mixed-use development, those ideas won’t take effect automatically. Based on the Master Plan, the City Council should revise the Zoning Ordinance (law) to create enforceable rules that apply equally to all land holders.

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What is a Zoning Ordinance?

The Zoning Ordinance is a law the City Council creates that regulates all land use and development. It determines what, where and how much can be built. There are many nuances, but the Zoning Ordinance typically regulates:

  • Allowed Uses (residential, commercial, industrial, etc.)
  • Density & Building Size (number of units, height limits, lot coverage)
  • Setbacks (how far buildings must be from the street or property lines)
  • Parking Requirements (how many spaces a development must provide)

A common myth is that the Planning Board or Zoning Board can reject new projects based on public opposition. Put simply, if a project complies with the Zoning Ordinance, the Planning Board has limited discretion to make changes or reject proposals. Only proposals that require exceptions to zoning, such as variances, are subject to a case-by-case review by the Zoning Board (more on that in future articles).

What is a Building Code?

While Zoning Code is the law that regulates what can be built, the Building Code regulates how things are built by setting safety and construction standards for things like:

  • Emergency Egress & Fire safety
  • Disability Accommodations & Accessibility
  • Structural Systems, Materials, Plumbing, and Electrical Systems

Once a project meets the legal requirements of the Zoning Ordinance (law), the permitting and inspection process ensures compliance with the Building Code. These processes are done by city departments such as Construction, Permits, and Code Compliance.

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Who Actually Makes the Decisions?

Many assume the Planning or Zoning Boards have the final say on what gets built. In reality, the City Council has the most control over big-picture planning decisions. Here’s how it works:

  1. The Planning Board conducts an extensive public engagement process to update the Master Plan every 10 years. It also reviews development applications to certify compliance with the current Zoning Ordinance. It cannot reject a project simply because it is unpopular.
  2. Based on the Master Plan and recommendations from the Planning Board, the City Council revises the Zoning Ordinance (law). This means the City Council ultimately decides what types of development are allowed and where. Recommendations from the Planning and Zoning Boards are entirely advisory.
  3. If a project does not comply with the zoning ordinance (law), the property owner requests a variance or exception from the Zoning Board of Adjustment.

So How Does This All Add Up?

Understanding the basics of municipal planning helps contextualize local development decisions, whether it’s a master plan, zoning change, or a building proposal. Each piece—the Master Plan, Zoning Ordinance, Building Code—plays a distinct role in shaping the community. While the Planning Board and Zoning Board are responsible for reviewing projects, the City Council ultimately holds the most power in determining how a city grows and evolves. As the time for the City to revise the Master Plan draws near, the City Council and Planning Boards have the responsibility to do rigorous data gathering which includes extensive engagement with citizens from the beginning to the end of the process.

Residents can get involved now by going to City Council and Planning Board meetings and asking them to communicate their intended process, advertise opportunities for input, and provide regular updates on the progress and development of the next Asbury Park Master Plan.

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