Camden City Zoning Code
ARTICLE XXXIII
Administration; Waivers; Enforcement; Violations and Penalties
§ 870-306 Administration.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City of Camden. Any action taken by the appropriate municipal agency, under the terms of this article, shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant, owner or agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the appropriate municipal agency may permit one or more exceptions as may be reasonable and within the general purpose and intent of the rules, regulations, prior approvals, and standards established by this chapter. Such administrative waivers or adjustments shall be granted only with the policy guidelines therefore established by Planning Board or Zoning Board of Adjustment or other municipal authority.
§ 870-307 Uses of land, buildings, structures, and premises.
A.
No building or structure shall be constructed, altered, extended, renovated, moved, or converted in violation of the rules, regulations, standards, or provisions of this chapter.
B.
No building, structure, or land shall be used or occupied in violation of the rules, regulations, standards, or provisions of this chapter.
C.
No building, structure, or land shall be used, maintained or occupied in violation of, or contrary to any approved site plan, subdivision, or variance, or combination thereof, as the case may be. All uses, buildings, structures and improvements shall be constructed, and thereafter maintained and used, in accordance with the approved plans, details and specifications and the terms and conditions of any resolution approving such project.
§ 870-308 Scope.
Provisions of this article are supplementary to and to be applied consistent with the provisions of the State Uniform Construction Code (N.J.S.A. 52:27D-119 et seq. and the regulations thereunder). It is not the intention of this article to regulate the performance of the Construction Code Official or any subcode official with respect to provisions for the issuance of revocation of any construction permit, certificate of occupancy, certificate of continued occupancy, temporary certificate of occupancy or certificate of approval, except as provided for in such statute and regulations and in the MLUL.
§ 870-309 Zoning compliance permits required.
A.
No person or entity shall begin the use or occupancy of a building or structure or any vacant land without a zoning permit duly issued by the Zoning Officer/Administrative Officer.
B.
No person or entity shall erect, construct, reconstruct, alter, expand, convert or install a building or structure without a zoning permit duly issued by the Zoning Officer/Administrative Officer. Where such use, occupancy, or construction requires the issuance of a permit or certificate from the Construction Code Official or any subcode official, such official shall not issue such permit or certificate unless the applicant therefore presents a valid zoning permit for such use, occupancy or construction issued by the Zoning Officer/Administrative Officer.
C.
A zoning permit shall, when issued, acknowledge that the use, structure, building or land to which it refers complies with the Land Development Ordinance or a land use development approval of the Planning Board or Zoning Board of Adjustment.
D.
A zoning permit shall be required prior to the issuance, by the Construction Official, of a certificate of continued occupancy.
E.
A zoning permit shall be required in the event that a certificate of occupancy is revoked and application is made for its restoration.
F.
A zoning permit shall be required prior to the issuance, by the Construction Code Official, of a certificate of occupancy for a change in use.
G.
A zoning permit or affidavit of compliance, approved by the Zoning Officer/Administrative Officer, duly issued by the Zoning Officer/Administrative Officer, shall be required prior to the issuance, by the Construction Code Official, of a certificate of approval.
H.
Where a change of use of a building or structure does not require the issuance of a certificate by the Construction Code Official, the owner or occupant of such building or structure shall obtain a zoning permit, duly issued by the Zoning Officer/Administrative Officer, prior to engaging in such change of use.
I.
A zoning permit is required for the following, where no permit or certificate is required to be issued by the Construction Official:
(1)
Signs, not greater than 25 square feet in surface area (one side), not served by electric current, and not more than six feet in height. Signs which do not meet such criteria require a permit from the Construction Code Official.
(2)
Window signs.
(3)
Garden-type sheds and similar accessory structures, 100 square feet or less, and 10 feet in height or less. Structures which do not meet such criteria require a permit from the Construction Code Official.
(4)
Where application is made to the Zoning Officer/Administrative Officer for a zoning permit with respect to lands located within a planned development or condominium property, subject to association covenants and restrictions, no zoning permit shall be issued unless the applicant therefore presents a certified copy of a resolution of the Board of Trustees, or other authorized body within the organization, certifying that the proposal for which the zoning permit is sought complies with such covenants and restrictions.
J.
No zoning permit shall be required for ordinary maintenance as provided for at N.J.A.C. 5:23-1.4 and 5:23-2.7.
§ 870-310 Zoning compliance permits, application, issuance.
Application shall be made for the issuance of a zoning permit by the Zoning Officer/Administrative Officer, on forms available for that purpose and payment of the fee if required. Upon filing of a complete zoning compliance form, and payment of any required fee, the Zoning Officer/Administrative Officer shall act on the application within 10 days.
§ 870-311 Certificate of occupancy.
Prior to the issuance of any certificate of occupancy by the Construction Code Official, with respect to construction pursuant to a site plan and/or subdivision approval, the City Engineer shall submit a report to the Construction Code Official stating that the necessary improvements needed to serve the premises offered for occupancy have been installed and inspected, as follows:
A.
Curbs, walks, handicapped ramps and driveway aprons.
B.
All utilities.
C.
Water supply for potable use and fire protection and sewerage conveyance and treatment facilities serving the property in question.
D.
Storm drainage and detention facilities.
E.
Base course of the street or streets serving the property.
F.
Base course of driveways and parking areas.
G.
Street names and traffic regulatory signs, traffic striping and markings.
H.
Approved lot grading as demonstrated by an as-built grading plan.
I.
Street and/or site lighting.
J.
Topsoiled, seeded and stabilized lawn areas.
K.
Buffer plantings, street trees and landscaping improvements.
L.
Site-specific signage, if any.
M.
Basement drainage and/or sump pump systems, if required.
N.
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the above improvements, to the extent that the same are required as part of a subdivision or site plan approval or as required by the City Engineer for an individual residential lot or dwelling unit. In all cases, the lot must be finished in accordance with an approved lot grading plan. The City Engineer shall submit a favorable report to the Construction Code Official for the individual residential dwelling unit prior to the issuance of a certificate of occupancy by the Construction Code Official.
O.
No approval shall be issued for the framing of any modification or alteration of existing construction where that modification or alteration exceeds 500 square feet or for any new construction until certification has been provided over the seal of a licensed land surveyor that the finished floor elevation of the first floor is at the elevation set forth in the approved plans.
P.
The following shall be unlawful until a certificate of occupancy is issued by the Construction Code Official:
§ 870-312 Enforcement.
This article shall be enforced by the Zoning Officer/Administrative Officer or his designees.
§ 870-313 Violations and penalties.
In case any building or structure is erected, constructed, reconstructed, altered, moved, or converted; or any building, structure or land is used in violation of or contrary to the provisions of this article, the City may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion, or use. However, nothing in this article shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. It shall also be a violation of this article for any person to violate or attempt to vary from the terms and conditions of any development approval, including the violation of any resolution of memorialization or violation of the provisions, standards or details of any signed map or approved site plan and all plans and details supporting the same.
A.
Fines. Any violation hereunder shall be considered an offense punishable by a fine not to exceed $1,000 for each offense or imprisonment for a term not exceeding 90 days or both. The following rules shall apply in determining responsibility for violations and penalties:
(1)
The owner, general agent, contractor or occupant of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
(2)
Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in such violation shall be guilty of such an offense.
(3)
Each day that a violation continues after notification that it exists shall constitute a separate offense.
(4)
The imposition of a fine or imprisonment as punishment for a violation of any provision of this chapter shall not preclude the City or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.
B.
Selling land before final subdivision approval.
(1)
If, before final subdivision has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this article, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
(2)
In addition to the foregoing, the City may institute and maintain a civil action:
(a)
For injunctive relief.
(b)
To set aside and invalidate any conveyance made pursuant to such a contract or sale, if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(c)
Where a shoreline lot owner violates the buffer corridor cutting restrictions, the Zoning Officer/Administrative Officer shall require native trees/vegetation of reasonable diameter in size to be planted so as to create a buffer strip area which is in compliance with that section. A vegetative recommendation can be made by the Environmental Advisory Committee, the Landscape Architect designated by the Division of Planning and Zoning, or the County Soil Conservation District, if requested by the Zoning Officer/Administrative Officer. This provision shall be in addition to any and all penalties provided by law.
§ 870-314 Subdivision approval certificates.
A.
A prospective purchaser, prospective mortgagee or any other person interested in any land in the City may apply in writing to the Zoning Officer/Administrative Officer for the issuance of a certificate certifying whether or not such subdivision has been duly approved by the Planning Board.
B.
Such application shall contain a diagram showing the location and dimension of the land to be conveyed by the certificate and the name of the owner thereof. A $10 fee shall be paid to the Zoning Officer/Administrative Officer, on behalf of the City, for the requested certificate.
C.
The Zoning Officer/Administrative Officer shall make and issue such certificate within 15 business days after receipt of the written application and accompanying fee. The Zoning Officer/Administrative Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee received, in a binder as a permanent record in his or her office.
D.
Each certificate shall be designated a "certificate of approval of subdivision of land" and shall certify:
(1)
Whether there exists a duly established Planning Board and whether there is a duly adopted article controlling the subdivision of land;
(2)
Whether the subdivision, as it relates to the land shown on the application, has been approved by the Planning Board and, if so, the date of such approval, any conditions attached to such approval and any extensions and terms thereof showing that the subdivision, of which the subject lands are part, is a validly existing subdivision; and
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of approval as provided in N.J.S.A. 40:55D-1 et seq. and as defined in this article.
§ 870-315 Waivers.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Article XXIX, XXXI and XXXI, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. The Zoning Board of Adjustment shall have the power to grant such exception where acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "D" variance.