Gibbsboro City Zoning Code
ARTICLE XI
Administration
§ 400-82 Enforcement official.
The provisions of this chapter shall be administered and enforced by the Zoning Officer. 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 of this chapter. It shall be the duty of the Zoning Officer or his duly authorized assistants 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.
§ 400-83 Certificates and permits.
[Amended 5-18-1982 by Ord. No. 82-2; 5-25-2005 by Ord. No. 2005-9]
A.
Zoning permits. No person shall hereafter erect, locate, or alter any building or portion thereof or begin to or change the use of any building or land without first obtaining a zoning permit from the Zoning Officer pursuant to the following provisions:
(1)
All applications for zoning permits shall be in writing on forms supplied by the municipality. An application for a zoning permit shall be signed by the owner of record or duly authorized officer of the owner of the land. An application shall contain all information as dictated by such forms and shall be accompanied by a plot plan, or approved site plan or subdivision plan as the case may be, together with any additional information that may be reasonably requested by the Zoning Officer, in order that he or she may determine whether the proposed erection, location or alteration of a building or the proposed use or change of use of land shall comply with the terms and provisions of the land development regulations of the Borough of Gibbsboro.
(2)
No zoning permit shall be issued unless and until all outstanding real estate property taxes and/or municipal liens or judgments have been paid in full.
(3)
A zoning permit may only be issued after the fulfillment of all lawful conditions pursuant to an approval of an application for development, conditional use permit or variance imposed by the Planning Board or the Zoning Board of Adjustment, as the case may be.
(4)
A zoning permit shall be granted or denied by the Zoning Officer within 10 business days next after the date on which a complete application has been received.
(5)
A zoning permit shall be valid or effective for one year after the date of issuance and shall thereafter be null and void unless the use, change of use, extension of nonconforming use, erection, construction, repair, remodeling, conversion, removal, destruction or moving, alteration, or relocation of a building or structure authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence; or a building permit applied for.
(6)
The issuance of a zoning permit shall be precedent to the issuance of a building permit in accordance with the requirements of Chapter 125, Construction Codes, Uniform, of the Code of the Borough of Gibbsboro.
(7)
All applications filed, together with the accompanying plans and documents, shall be public records.
(8)
Exemptions. Notwithstanding any provision in this section to the contrary, no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement or repair of siding (involving no additional square footage added to the structure).
(b)
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
Replacement or repair of existing steps (involving no increase in size of steps, width or length).
(e)
Replacement or repair of existing sewer or septic lines. If this involves curb, sidewalks, or streets, a street opening permit shall be secured from the Borough Clerk's office.
(f)
Service upgrades, repair, or replacements of panels, meter sockets, and related internal electrical work.
(g)
Interior renovation, provided that such work does not involve a conditional use permit or change of use.
(9)
Zoning permit fee. The fee for the issuance of a zoning permit shall be $25.
B.
Nonconforming uses and structures certificate. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Denial of the certificate by the Zoning Officer may be appealed to the Zoning Board of Adjustment. The fee for the issuance of a nonconforming use or nonconforming structure certificate shall be $10.
C.
Certificate as to approval of subdivision of land. A prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision on August 1, 1973, may apply in writing to the Zoning Officer of the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner(s). The Zoning Officer shall make and issue such certificate within 15 days after the receipt of such written application and the appropriate fee. The Zoning Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. The fee for the issuance of a certificate as to the approval of subdivision of land shall be $10. Each such certificate shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:
(1)
That there is a duly established Planning Board and that there is an ordinance controlling the subdivision of land adopted under the authority of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(2)
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of Planning Board approval.
D.
Temporary uses.
(1)
Application may be made to the Borough Council for a permit for a temporary use inconsistent with the provisions of this chapter for special events lasting for a period not to exceed 14 days per event. Such events may include, but not be limited to, circuses, bazaars, fairs, and athletic contests. In the granting or denial of such temporary use permit the Borough Council may consider the following:
(a)
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
(b)
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
(c)
The adequacy of provisions for food handling, solid waste, and public hygiene.
(d)
The sufficiency of insurance for the event.
(e)
Any other measures necessary to protect the public health, safety, and welfare.
(2)
The Borough Council may impose reasonable conditions on the issuance of any temporary use permit, including but not limited to the posting of adequate surety and the reimbursement of expenses incurred by the municipality.
§ 400-84 Variances.
[Amended 5-18-1982 by Ord. No. 82-2]
A.
Variance of area and yard requirements. Where, by reason of narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, upon an appeal relating to such property, a variance may be granted from the strict application so as to relieve such difficulties or hardship pursuant to Chapter 240, Land Use Procedures.
B.
Variance of use regulations. The Board of Adjustment[1] may for special reasons grant a variance to allow a structure or use in a district restricted against such structure or use in accordance with the provisions of Chapter 240, Land Use Procedures. If such variance shall be approved, then the administrative officer in charge of granting permits shall forthwith issue a permit for such structure or use.
[1]
Editor's Note: See § 3-21, as amended 4-10-2013 by Ord. No. 2013-04, which now provides that "all powers of the Zoning Board of Adjustment shall be assumed by the Planning Board, pursuant to N.J.S.A. 40:55D-25." Said ordinance also provided that wherever the words "Zoning Board of Adjustment" appear in the Code of the Borough of Gibbsboro, said words shall now read "Planning Board."
C.
No relief may be granted or action taken under the terms of these powers unless such relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter.
E.
Certification of completed application. An application for a variance must contain a certification of completed application to the Zoning Board of Adjustment which shall be in the following form:
[Added 6-28-1995 by Ord. No. 95-6]
CERTIFICATION OF COMPLETED APPLICATION TO ZONING BOARD OF ADJUSTMENT | |||
APPLICANT: | |||
ADDRESS: | BLOCK: | LOT: | |
I, the undersigned, hereby certify that on this __________ day of __________, 20____, an application was submitted to the Gibbsboro Zoning Board of Adjustment consisting of: | |||
Complete | Incomplete | ||||
|---|---|---|---|---|---|
1. | ( ) | ( ) | 14 copies of a completed application, entitled "Petition of Appeal." Said application must be completed with all the requested information including a full description of the relief desired. | ||
2. | ( ) | ( ) | 14 copies of site plan to approximate scale which cannot be erased. Said plan should clearly indicate the following: | ||
( ) | ( ) | a) | Location of proposed building, structure or addition in which relief is requested. | ||
( ) | ( ) | b) | Location of all other buildings, structures, walls, bridges, fences, roadways, etc. | ||
( ) | ( ) | c) | Names and locations of all abutting streets and properties. | ||
( ) | ( ) | d) | Bordering dimensions of building, structure or additions, and distances to rear, side and front yard. | ||
( ) | ( ) | e) | Number of square feet contained in tract of land. | ||
( ) | ( ) | f) | An indication of the front of tract of land showing the number of feet in frontage. | ||
( ) | ( ) | g) | Number of square feet of living space. | ||
( ) | ( ) | h) | Percentage of lot coverage. | ||
3. | ( ) | ( ) | Proof that property owners within 200 feet were given notification.** | ||
4. | ( ) | ( ) | Proof of publication from newspaper. | ||
5. | ( ) | ( ) | Proof of personal service or certified mail to the County Planning Board when applicant's property is on an existing county road or proposed road. Address is: Camden County Planning Board, Charles J. DePalma Complex, 2311 Egg Harbor Road, Lindenwold, New Jersey 08021. | ||
6. | ( ) | ( ) | Proof that utilities and cable companies were given notification. | ||
7. | ( ) | ( ) | Affidavit of proof of service. | ||
8. | ( ) | ( ) | Copy of Tax Map sheet. | ||
9. | ( ) | ( ) | Proof that all taxes and sewer fees on applicant's property are current. | ||
**NOTE: Please note that if any utility, government agency, commission or entity requires notification under the Land Use Law, it is applicant's responsibility to notify that utility, government agency, commission or entity. |
§ 400-85 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for adequate light, pure air, safety from fire and other dangers, undue concentration of population and ample parking facilities.
§ 400-86 Violations and penalties; additional remedies.
A.
In case any building or structure is erected, constructed, altered or converted or maintained or any building, structure, lot or land is used in violation of this chapter or any amendment thereto, the proper Borough authorities, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such unlawful erection, construction, alteration, conversion, maintenance or use and to prevent, restrain or abate such violation to prevent the occupancy of such building, structure or land or illegal conduct of business or use.
B.
The owner, general agent, contractor, builder or any other person, partnership or corporation who violates, takes part in or assists in the violation of any of the provisions of this chapter or who uses or maintains any building, structure or land in or upon which any such violation shall exist shall, upon conviction, for each and every violation, be subject to the penalties set forth in Chapter 1, Article I, General Penalty.
§ 400-87 Amendments.
A.
The Borough Council may from time to time, on its own motion or on petition or on recommendation of the Planning Board or like body, amend, supplement and repeal any of the regulations and provisions of this chapter.
B.
Every proposed amendment, whether initiated by the Borough Council or by petition or recommendation, shall be referred to the Planning Board for a report thereon before the public hearing hereinafter provided for.
C.
The Borough Council, by resolution adopted at a meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as follows: by publishing a notice at least one time not less than seven nor more than 30 days prior to the date fixed for said public hearing in one newspaper of general circulation in the Borough and by mailing a notice to every association of residents of the Borough who shall have registered its name and address for this purpose with the Borough Clerk. The notice shall state the general nature of the proposed amendments, as well as the text. The amendment or rezoning may be initiated by a petition of interested property owners or authorized agents of such owners for rezoning of any land to a less restricted district, provided that said land is adjacent to or directly across a street or alley from property which is already zoned in the same or less restricted zone as that to which said property is proposed to be rezoned.
D.
The fee for an application to amend the this chapter by petition or recommendation shall be $150, payable by the applicant. This application fee as provided herein may be amended by formal resolution by the Mayor and Borough Council of the Borough of Gibbsboro.
[Added 12-21-1982 by Ord. No. 82-10]