Lincoln Park City Zoning Code
ARTICLE XXVI
Administration and Enforcement
§ 28-26.1 Enforcement; right of entry.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
The provisions of this chapter shall be administered and enforced by the Construction Official and Zoning Officer of the Borough. In no case shall a permit be granted for the use of any lot or for the construction or alteration of any building or structure 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 Construction Official and Zoning Officer and their duly authorized assistants to cause any building plans for 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 they shall have the right to enter any building or premises during the daytime in the course of their duties, provided that, except in emergency situations, they have notified the owner thereof at least 24 hours prior to such entry.
§ 28-26.2 Records and reports.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
A.
It shall be the duty of the Construction Official and Zoning Officer to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. They shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of their office and shall be available for the use of the governing body and of the officials of the Borough of Lincoln Park.
B.
The Construction Official shall prepare a monthly report for the governing body summarizing all building permits and certificates issued by him and all complaints or violations and the action taken by him. A copy of each such report shall be filed with the Planning Board at the same time it is filed with the governing body.
§ 28-26.3 Fees.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
All fees paid to the Construction Official shall be transmitted by him at regular intervals to the Borough Treasurer and he shall maintain a written record of all fees paid to him.
§ 28-26.4 Certificates and permits.
A.
Building permits. All applications for building permits shall be made in the manner prescribed in the New Jersey State Uniform Construction Code.
B.
Certificates of occupancy. No building or premises or any part thereof hereafter created, located, erected, changed, altered, converted or enlarged, wholly or partly, shall be used or occupied, or permitted or caused to be used or occupied, unless a certificate of occupancy has been issued for that premises in accordance with the requirements of the New Jersey State Uniform Construction Code. The certificate shall certify that the structure or use complies with the provisions of this chapter.
(1)
Revocation. On the serving of notice of any violation of any of the provisions or requirements with respect to any lot, building or structure or use thereof or of land as specified in this chapter, the certificate of occupancy for such use shall thereupon, without further action, be null and void until such time as the violation is removed.
(2)
Filing. A duplicate copy of the certificate of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official. Copies shall be furnished on request to the Planning Board or to any person having a proprietary or tenancy interest in the building or land affected.
§ 28-26.5 Amendments.
A.
The regulations, limitations and restrictions of this chapter, including the Zoning Map, may be amended, changed, modified or repealed by the governing body in accordance with N.J.S.A. 40:55D-62.
B.
In addition to the notice required by law, notices of such hearing shall be mailed to any civic associations in the Borough which shall have registered annually on or before January 1 their name and address for this purpose with the Borough Clerk. Failure to give such notices by mail shall not, however, invalidate any such amendment, change, modification or repeal. No amendment or change shall become effective unless the ordinance containing such amendment shall first have been submitted to the Planning Board for review. The Planning Board shall have a reasonable time, not less than 35 days, for consideration and report. In the case of an unfavorable report by the Planning Board, such amendment or change shall not become effective except by a favorable vote of a majority of the fully authorized membership of the governing body.
C.
A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all members of the governing body.
§ 28-26.6 Violations and penalties. [1]
For each and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any lot, building, structure or premises where such violation has been committed or shall exist shall be subject to a penalty as provided in § 1-2 of this Code. For each and every day that a violation continues after 10 days' written notice by the Construction Official or Zoning Officer served either personally or by registered mail, the violator shall be subject to prosecution for separate daily offenses. This provision shall not be construed as requiring the service of notice as prerequisite to prosecution for a single offense.
§ 28-26.7 Construal of terms.
Whenever a term is used in this chapter which is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 28-26.8 Repealer.
All sections of the Code of the Borough of Lincoln Park or any other ordinances of the Borough of Lincoln Park containing provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
§ 28-26.9 Severability.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
§ 28-26.10 Title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Lincoln Park."
§ 28-26.11 Copy to be filed with County Planning Board.
The Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law.