Beach Haven City Zoning Code
§ 212-18
Administration.
[Amended 1-26-1981 by Ord. No. 81-2; 5-26-1981 by Ord. No. 81-6; 1-23-1984 by Ord. No. 84-3; 10-27-1986 by Ord. No. 86-15; 1-24-1992 by Ord. No. 94-2; 7-26-1993 by Ord. No. 93-18; 4-28-1997 by Ord. No. 97-5; 4-27-1998 by Ord. No. 98-8; 6-12-2000 by Ord. No. 2000-12; 1-13-2003 by Ord. No. 2002-20; 10-11-2005 by Ord. No. 2005-23A; 2-9-2009 by Ord. No. 2009-6; 2-9-2009 by Ord. No. 2009-6; 12-29-2022 by Ord. No. 2022-34C; 3-13-2023 by Ord. No. 2023-07C]
A.
Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Official of the Borough. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision in this chapter. It shall be the duty of the Zoning Official to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
B.
Certificates and permits.
(1)
A charge as established in § 212-18.1 shall be made for all minor permits (decks, sheds and air-conditioning structures) and a charge as established in § 212-18.1 for all major permits (habitable area) as provided for in Subsection B(2), (3) and (4) hereof, including zoning permits, for new construction of residential single-family dwellings, expansion of residential single-family or duplex dwellings by alteration or addition to existing structures, new construction of business, marine commercial, and multifamily structures, expansion of business, marine commercial, and multifamily structures by alteration, conditional use permits and temporary use permits which charge shall be in addition to any application fee imposed by way of Borough ordinance or by rule of the appropriate approving authority.
(2)
Zoning permits. Zoning permits shall be secured from the Zoning Official's office prior to the issuance of a building permit for the construction, erection, moving or alteration of a structure or sign or part of a structure, or upon a change in the use of a structure or land. No zoning permit shall issue until the Zoning Official has been supplied with a diagram of the structure for which a permit is sought showing calculations of habitable area as that term is defined in this chapter, § 212-3, which diagram shall show the dimensions of all habitable areas. If the structure consists of more than one floor or story, the habitable area, with dimensions of each floor or story, shall be shown.
(3)
Conditional use permits.
(a)
Applications for any conditional use permit as permitted by this chapter shall be made to the appropriate approving authority in accordance with the provisions of the Land Use Procedure Ordinance of the Borough of Beach Haven[1] and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The approving authority may grant such permit if, in its judgment, the proposed use will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
(b)
In approving any such application, the approving authority may impose any conditions that it deems necessary to accomplish reasonable compliance with the provisions and intent of this chapter and may deny any such application, but only if such compliance cannot be achieved.
(4)
Temporary use permits. It is recognized that it may be in accordance with the purpose of the chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located at the time of petition that they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone and will contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Adjustment, subject to all regulations for the issuance of conditional use permits elsewhere specified, shall direct the Building Administrator to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
(5)
Certificates of occupancy.
(a)
No use of vacant land shall be made and no building or structure hereafter erected, enlarged or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Construction Code Official.
(b)
No change shall be made in the existing use of land or in the existing use of an existing building or structure until a certificate of occupancy shall have been applied for by the owner of said land, building or structure and said certificate shall have been issued by the Zoning Official. Upon completion of all work pursuant to the permit, the applicant shall be obligated to supply to the Zoning Official an as-built plot plan survey as certified by a licensed engineer and an as-built floor plan(s) as certified by a licensed architect; except that as-built plans originally drawn without a licensed architect's certification may be submitted by the owner of the property if the owner has signed and certified the as-built plans.
(c)
Application for a certificate of occupancy shall be made at the same time as the building permit is applied for and must be accompanied by a plan of the plot, drawn to scale and showing the location of all buildings and structures, existing and proposed, located on the plot, with such other information as the Construction Code Official may require, together with evidence satisfactory to the Construction Code Official that the plot has been located and the property lines staked out by a registered surveyor or engineer.
(d)
The certificate of occupancy shall be issued upon examination of the completed building or structure by the Construction Code Official within 10 days after the erection or structural alteration of such building or part thereof shall have been completed in conformity with the provisions of this chapter. The owner shall be responsible for notifying the Construction Code Official when the building or structure is ready for such inspection and examination.
(e)
Certificates of occupancy shall be issued by the Construction Code Official in the manner and for the fees prescribed in Chapter 74, Construction Codes, Uniform, of this Code.
(f)
On the serving of notice by the Zoning Official and/or Construction Code Official to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such building or land.
(6)
Application; inspection; standards used.
(a)
Prior to the transfer of title of any buildings, application for a resale permit shall be made in writing to the Borough's Zoning Official. The applicant shall permit the Borough's Zoning Official, or his/her designee, to enter upon and examine the building or buildings for which said application is applied for in order that the Borough's Zoning Official, or his/her designee, can determine the proper use and habitability for said building or buildings. No resale permit shall be issued until such inspection shall have been made and certification filed with the Borough's Construction Code Official by the Borough's Zoning Official, or his/her designee, that the use for said building or buildings complies with this chapter of the Borough of Beach Haven.
[1]
An applicant may request a waiver of the provisions of Subsection B(6) above if the subject building is to be demolished and no occupancy of the subject building is intended from the date of the title transfer, and in lieu thereof, request a demolition conditional resale certificate.
[2]
A demolition conditional resale certificate may be issued upon the payment of any application or other fees required for the issuance of a regular certificate of occupancy and subject to the following conditions:
[a]
An application for a demolition permit for the subject building must be made within 10 days of application for the demolition conditional resale certificate.
[b]
The actual demolition of the subject building must take place within 60 days of the application for the demolition permit.
[c]
The subject building shall not be occupied other than in maintaining safety and in preparing it for demolition.
[d]
Should any of the above conditions not be met, such demolition conditional resale certificate shall expire automatically 60 days from date of application and be deemed void ab initio and subject to issuance of summons for failure to comply with § 212-18B(6).
(b)
The application for a resale inspection shall be accompanied by a current survey plot plan showing the location of all improvements, buildings and structures, the flood zone and grade elevations of the property; a flood elevation certificate executed by a licensed engineer of the State of New Jersey; deed restriction recorded in the Office of the County Clerk and an application fee as established in § 212-18.1.
C.
Records.
(1)
It shall be the duty of the Construction Code Official to keep a record of all certificates of occupancy which he issues, and the same shall form a part of the records of his office and shall be available for the use of the governing body and of other officials of the Borough of Beach Haven.
(2)
The Zoning Official shall prepare a monthly report for the governing body summarizing, for the period since his last previous report, zoning permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the governing body and with other officials of the Borough of Beach Haven.