Leonia City Zoning Code
ARTICLE XX
Administration and Interpretation
§ 290-104 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be deemed the minimum requirements for the proportion of the purposes stated in Article I of this chapter.
§ 290-105 Zoning Officer.
A.
The provisions of this chapter shall be enforced by the Zoning Officer, who shall be responsible for all records under this chapter. The Zoning Officer shall be appointed annually at the reorganization meeting of the governing body and shall serve for a term of one year or until the succeeding reorganization meeting or until such time as his successor is appointed and qualified. Appointment of the Zoning Officer shall be by the Mayor with the consent of the Council in accordance with the terms of N.J.S.A. 40:87-16.
B.
The Zoning Officer shall keep a record of all applications for permits and of all permits issued or refused, with a notation of special conditions, if any, attached to such issuance. He shall file and keep safely copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Mayor and Council and of other authorized officials of the Borough.
C.
The Zoning Officer shall not issue a permit for the construction or alteration of any building or structure unless the proposed construction or alteration conforms to all the requirements of this chapter or unless such issuance is authorized by the Planning Board pursuant to the provisions of this chapter.
[Amended 5-5-2014 by Ord. No. 2014-2]
D.
Solely for the purpose of taking an appeal to the Board of Adjustment, as hereinafter provided, an application shall be made to the Zoning Officer for an exception or variance from the requirements of this chapter, as specified in Chapter 37, Land Use Procedures.
E.
Zoning permit.
[Added 12-5-2016 by Ord. No. 2016-11]
(1)
A zoning permit shall be required as a condition precedent to the commencement of a use except one- or two-family uses, or change of use, or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, excluding one- and two-family dwellings and fences and sheds. As used herein, "change of use" shall be deemed to include any change in the utilization of a building or lot or part thereof where the resulting use is subject to bulk, dimensional, special or other zoning regulations which are different than those impressed upon the prior use.
(2)
A zoning permit shall be issued by the Zoning Officer when all requirements of the Zoning Ordinance have been met. After a change of use has been made on a lot or in a building or structure, a zoning permit shall be required and no certificate of occupancy shall be issued without the required zoning permit.
(3)
A written application for a zoning permit shall be filed with the Zoning Officer by the owner or his agent. The application shall include the following:
(a)
The name and address of the owner or his agent.
(b)
The location of the building, structure or lot.
(c)
The existing or last prior and proposed uses of the building or property.
(d)
The number of occupants or employees, maximum number of parking spaces available, number of tenants (if the building is to be multitenanted) and the total square footage of the building or lot, if there is no building.
(4)
When a building, structure or lot is entitled to a zoning permit, the Zoning Officer shall cause it to be issued within 10 days after written application therefor. A zoning permit shall certify the purpose for which the building, structure or lot may be used. It shall specify the permitted use category, the date of issuance and any special stipulations and conditions of the permit, including whether the permittee shall be required to purchase parking passes from the Borough of Leonia based upon the number of employees intended to occupy the building, structure or lot. The Zoning Officer shall affix his signature thereto and shall certify that such use, structure or building complies with the provisions of the Zoning Ordinance or any variance therefrom duly authorized by a municipal approving authority.
(5)
Should the Zoning Officer be in doubt as to the propriety of issuing any permit in the particular case, he shall refer the matter to the Planning Board for interpretation and decision.
(6)
The Zoning Officer may revoke a zoning permit whenever a condition of the permit has been violated.
(7)
A zoning permit shall always be subject to the following conditions:
(a)
That the use, building or structure to which it relates meets the conditions of all building permits, approved drawings and any prior approvals granted by the Borough.
(b)
That all required fees have been paid in full.
(c)
That all necessary inspections have been completed and that the completed project meets the requirements of the site plan review.
(d)
That all violations have been corrected and that any assessed penalties have been paid.
§ 290-106 Building permits.
A.
An application for a building permit, to be issued pursuant to the Building Code of the Borough of Leonia, with all amendments thereto, or any subsequent building code, shall be in writing and shall contain all data necessary to determine the application of this chapter as well as of the Building Code, including especially the intended use of the building or structure.
§ 290-107 Certificates of occupancy.
[Amended 9-6-1983 by Ord. No. 970; 12-7-1987 by Ord. No. 1062; 10-16-1989 by Ord. No. 1092; 9-9-2020 by Ord. No. 2020-06]
A.
A certificate of occupancy shall be required in all cases involving the erection or alteration of any building or structure, the use or change in use of any building, structure or dwelling unit, or the use of any land or the change of tenancy or ownership of a building, structure or dwelling unit.
B.
Application for and issuance of a certificate of occupancy shall be pursuant to the terms and provisions of the Building Code of the Borough of Leonia, with all amendments thereto.
§ 290-108 Effect on other laws and restrictions.
Whenever and wherever the regulations, restrictions and provisions of this chapter are greater or more extensive than those required or imposed by another statute, regulation, ordinance or private deed restriction, the terms of this chapter shall govern. Whenever the regulations, restrictions and provisions of any other statute, regulation or ordinance are greater or more extensive than the regulations, restrictions and provisions of this chapter, the terms of such other statute, regulation or ordinance shall govern.