Hainesport City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 104-131 Enforcement.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
The provisions of this chapter shall be administered and enforced by the Zoning Officer or his designee. In no case shall a permit be granted for the construction or alteration of any building, structure or sign where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer or his designee to cause any building, structure or sign, 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. The Zoning Officer or his designee shall have the right to enter any building or premises during the daytime in the course of this duty.
§ 104-132 Certificates and permits.
A.
Building and use permits. All building and use permits shall be issued in accordance with the provisions of Uniform Construction Code of the State of New Jersey as implemented by Chapter 71 of the Code of the Township of Hainesport.
B.
Conditional use permits. The reviewing board may, after compliance with Article X this chapter, direct the Zoning Officer to issue a conditional use permit if, in its judgment, any one of such cases will not be detrimental to the health, safety and general welfare of the Township and is deemed necessary for its convenience. In approving any such application, the reviewing board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in Articles XI and XII and may deny any such application but only in accordance with said standards.
C.
Certificate of occupancy permit. Certificates of occupancy shall be issued in accordance with the procedures set forth within the Uniform Construction Code of the State of New Jersey as implemented by Chapter 71 of the Code of the Township of Hainesport.
(1)
New uses. No building shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official, after determination that the building, structure or use is in conformance with the provisions of this chapter and other applicable regulations.
(2)
Existing uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and any other such existing use which conforms to the provisions of this chapter.
(3)
Change of use. No owner, tenant or other person shall use or occupy a building or structure, thereafter the use of which shall be changed without the owner first procuring an occupancy permit, provided that an occupancy permit once granted shall continue in effect so long as there is no change in use, regardless of change in tenancy or occupancy. Any change of use or occupancy within Hainesport Township will void the previously issued certificate of occupancy and require the issuance of a new certificate of occupancy. The Zoning Officer shall determine whether the new use is consistent with the provisions of this chapter. Should the Zoning Officer determine that the new use is inconsistent with the provisions of this chapter, a development application shall be required to be submitted. The purpose of the Zoning Officer's review is to determine whether the new use will conform to all appropriate Township regulations and to ensure that the existing facilities will be adequate for the proposed use.
[Amended 8-24-1999 by Ord. No. 1999-5-7; 4-12-2011 by Ord. No. 2011-2-3]
D.
Certificates showing approval.
(1)
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms a part of a development application or which formed part of such a development application three years preceding August 1, 1976, may apply in writing to the Township administrative officer for the issuance of a certificate certifying whether or not such development application has been approved by the Planning Board. Such a request shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2)
The Township administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said 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 or her office.
(3)
Each such certificate shall be designated a "certificate as to approval of a development application for land" and shall certify:
(b)
Whether the development application as it relates to the land shown in said application has been approved by the Planning Board or other reviewing board and, if so, the date of such approval and any extensions and terms thereof, showing that the development application of which the lands are a part is a validly approved development application.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of the approval as provided within the Municipal Land Use Law.
[Added 3-11-1980 by Ord. No. 1980-3]
(4)
The Township administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Township administrative officer shall be paid by him or her to the Township of Hainesport.
§ 104-133 Expiration of variances.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
Any variance from the terms of this chapter hereinafter granted by the Zoning Board of Adjustment or the Planning Board pursuant to the authority contained under N.J.S.A. 40:55D-1 et seq. permitting the erection or alteration of any structure or structures or permitting the specified use of any premises shall begin when the final approval term expires and shall expire by limitation unless said construction or alteration shall have actually been commenced on each and every structure permitted by said variance or unless such permitted use shall have actually been commenced within one year from the date of entry of the judgment and determination of the Zoning Board of Adjustment or Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment or the Planning Board to the governing body or to a court of competent jurisdiction until the determination of any matters of such appeal or proceeding.
§ 104-134 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 104-135 Nonconforming uses and buildings.
A.
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing prior to May 31, 1979, may be continued although such use or building does not conform to the regulations jurisdiction by this chapter for the zone in which such land or buildings are located; provided, however, that:
(1)
No nonconforming lot shall be further reduced in size.
(2)
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance, provided that a nonconforming building in the HC Highway Commercial and GC General Commercial Districts may be enlarged, extended or increased in size up to 20% of the original building area.
[Amended 12-31-1988 by Ord. No. 1988-14-6]
(3)
No nonconforming use may be expanded.
B.
Abandonment. A nonconforming use shall be adjudged as abandoned when the tenant or owner displays intent of cessation through inactivity or the display or advertisement of an unrestricted "for sale" or "for rent" sign or a combination of any of these for a period of more than a year.
C.
Restoration.
[Amended 8-25-1987 by Ord. No. 1987-9-6; 4-12-1994 by Ord. No. 1994-4-3]
(1)
Except within the General Commercial and Highway Commercial Districts, if any nonconforming building, structure or sign shall be destroyed by reason of wind storm, fire, explosion or other acts of God or the public enemy, and the foundation and at least two walls of the structure or accessory structures survive, a permit shall be issued for the reconstruction of a nonconforming use. Nothing in this subsection shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(2)
Within a Highway Commercial District or General Commercial District, if a nonconforming building, structure or sign shall be destroyed by reason of wind storm, fire, explosion or other acts of God or the public enemy, to any extent, this nonconforming building, structure or sign may be rebuilt, restored or repaired, provided that such rebuilding, restoration or repair commences within one year of its destruction, be restored to substantially the same condition as that which existed prior to its destruction and be completed within one year after commencement of work. Nothing in this subsection shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
D.
Reversion. No nonconforming use shall, if once changed into a conforming or more conforming use, be changed back again into a nonconforming use.
E.
Alterations. A nonconforming building, structure or sign may be reconstructed but not enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.
F.
Construction approved prior to chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building, structure or sign for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
G.
Zone changes. Whenever the boundaries of a zone shall be so changed as to transfer an area from one zone to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 104-136 Violations and penalties; additional remedies.
A.
Generally. The Township Zoning Officer shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer and/or his designee, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Selling before approval. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which approval is required by this chapter, such person shall be subject to the provisions of N.J.S.A. 40:55D-55.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
C.
Penalties.
(1)
Any person who shall violate any of the provisions of this chapter, upon conviction, shall be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, and each day that a violation shall continue shall be considered a separate violation of this chapter. The Township waives the additional fine for a violation of an ordinance within one year of a previous violation of the same ordinance provided in N.J.S.A. 40:49-5.
[Amended 4-12-1994 by Ord. No. 1944-4-3; 5-23-2006 by Ord. No. 2006-5-4]
(2)
Aiding and abetting violations. Not only shall the owner or owners of the land in question be guilty of a violation of this chapter if they suffer or permit any of the acts herein prohibited to be done to or upon their lands, but also any officers, agents, employees or independent contractors of any landowners who directly or indirectly aid or abet such acts or who authorize or direct or supervise such acts or bring in or upon said land or use or operate any truck, bulldozer, shovel or other equipment in performing any of the acts prohibited hereunder shall also be guilty of a violation of this chapter and, upon conviction, shall be subject to the penalties provided herein.
(3)
Where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, the applicable owner and/or operator shall be provided a thirty-day period in which the owner and/or operator has an opportunity to cure or abate the condition prior to the scheduling of a hearing in Municipal Court. In the event that the objectionable activity or condition is not resolved to the satisfaction of the Township following said thirty-day period, then the owner/operator shall have an opportunity for a hearing before the Municipal Court. After the thirty-day period, the higher fine may be imposed if the Municipal Court has not determined that the abatement has been substantially completed.
[Added 5-23-2006 by Ord. No. 2006-5-4]
§ 104-137 Records.
A.
It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. The administrative officer shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for use of the Township Committee and of other officials of the Township of Hainesport, county or state.
B.
The Zoning Officer shall prepare a monthly report for the Township Committee summarizing, for the period since his last previous report, all zoning permits issued and certificates countersigned 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 Township Tax Assessor at the same time it is filed with the Township Committee.
§ 104-138 Construal of provisions.
All standards set up in this chapter are to be interpreted as minimum standards required. Nothing herein contained shall be construed to prohibit or prevent the use of higher standards.
§ 104-139 Conflict with other laws.
Wherever any provisions set forth in this chapter are found to be in conflict with mandatory state or federal laws, such mandatory state or federal laws shall, of course, govern, and this chapter shall be construed accordingly so that conflict shall not affect the validity of this chapter.[1]
[1]
Editor's Note: Original Sec. 15.163, Amendments, which immediately followed this section, was repealed 4-12-1994 by Ord. No. 1994-4-3.