Long Beach Township
City Zoning Code
City Zoning Code
ARTICLE VI
Administration
§ 205-72 Enforcement.
[Amended 9-7-2022 by Ord. No. 22-20C]
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer and 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 in this chapter. It shall be the duty of the Code Enforcement Officer, Zoning Officer, and/or his or her 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 provisions of this chapter, and he or she or she shall make the necessary inspections of any building or premises during the daytime in the course of his or her duties.
§ 205-73 Permits.
[7-22-2005 by Ord. No. 05-18C; 8-3-2020 by Ord. No. 20-18C; 6-7-2021 by Ord. No. 21-15C; 2-7-2022 by Ord. No. 22-02C; 3-4-2024 by Ord. No. 24-05C]
A.
Conditional use permits.
(1)
Applications for any conditional use permit shall be made to the Land Use Board. The Board shall review the application for the conditional use permit pursuant to the requirements of N.J.S.A. 40:55D-67 and shall issue a permit in the event the applicant complies with the required conditions.
(2)
Pursuant to N.J.S.A. 40:55D-67, the applicant shall file its site plan application with its application for a conditional use permit, if required, and the Board shall review and decide the site plan application and application for the conditional use at the same time.
B.
Certificates of occupancy. Certificates of occupancy shall be used by the Code Enforcement Officer in the manner prescribed in the Building Code.[1] No building may be occupied until a certificate of occupancy is issued.
[1]
Editor's Note: See Ch. 64, Building Construction.
C.
Records.
(1)
It shall be the duty of the Code Enforcement Officer to keep a record of all applications for building permits, a record of all permits issued and a record of all certificates of occupancy which he or she or she signs, together with a notation of all special conditions involved.
(2)
The Code Enforcement Officer shall prepare a monthly report for the Board of Commissioners summarizing for the period since his or her last previous report all building permits issued and certificates signed by him or her and all complaints of violations and the action taken by him or her 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 Board of Commissioners.
D.
Zoning permits.
(1)
A zoning permit is required as a condition precedent to the commencement of a use and/or change of use and all construction, installation, reconstruction, alteration, erection, conversion, or alteration of a structure or building, and landscaping pursuant to Chapter 107. The zoning permit shall confirm that such use, structure, building, and lot area comply with the provisions of this the Township Code and approvals granted by the Land Use Board.
(2)
Zoning permits shall hereafter be secured from the Zoning Officer by way of application for a zoning permit. All requests for zoning permits shall be made in writing by the owner or the owner's authorized agent and shall include a statement of the use or intended use of the building or structure or land and shall be accompanied by a plan of the lot delineating thereon the exact size, shape, and location of all proposed structures and such other information as may be necessary for the enforcement of this chapter.
(a)
The application for the permit shall be on such form as Township may prescribe, and, where required by the Township, applications shall be accompanied by a surveyor's plot plan prepared by a licensed surveyor and submitted with the surveyor's seal thereon showing the entire lot for which the zoning permit is sought, the improvements to be placed on said lot, the location of improvements on all adjoining lots, the location and scope of the use and/or uses at the property, all existing and proposed parking on the lot, and a basic rendering of the property for which the zoning permit is sought showing proposed heated areas per floor and proposed heights of grade, first floor, and overall height. The Zoning Officer may require any additional documentation as reasonably required to make a decision relating to the application.
(3)
Any change to an original zoning permit (i.e., alteration or use of structure or property) shall void the original, requiring a new zoning permit.
(4)
Any zoning permit shall expire within six months from the date of issuance of the zoning permit if the authorized work or use is not commenced within that time.
(a)
If the authorized work is abandoned for a period of six months after commencement of the work or use, the zoning permit shall be considered void.
(b)
In the event construction commences on an adjoining lot that changes the circumstances upon which the zoning permit was granted before the permittee begins construction, the zoning permit shall be deemed invalid and the permittee shall be required to reapply for a new zoning permit based upon the changed circumstances.
(5)
Zoning permits shall not be required before the issuance of a building permit by the construction official in the case of reroofing, residing, window changes, fireplaces, wood/coal stoves or interior renovations of a residential dwelling where the footprint of said dwelling is not being altered and there is no increase in the living area or cubic content of the structure. If a change of the structure or use would result in an issuance of a building permit, a zoning permit would be required prior to the issuance of the building permit.
(6)
A fee for the issuance of a zoning permit shall be in accordance with Chapter 82.
§ 205-74 Violations and penalties.
[Amended 2-18-1983 by Ord. No. 83-2C; 7-18-1997 by Ord. No. 97-16C; 12-4-2017 by Ord. No. 17-39C]
A.
It shall be unlawful for any person to assist, aid or abet another in committing a violation of this chapter.
B.
It shall be unlawful for any person to negotiate a lease, the provisions of which will permit occupancy or use of the leased premises in violation of this chapter.
C.
The owner of any building or structure, lot or land, or part thereof, or anything placed or existing in violation of this chapter, and any architect, builder, contractor or agent, employed in connection therewith and who may have assisted in the commission of any such violation.
D.
Any owner, contractor, agent, or any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild, or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement of plan submitted and approved hereunder, shall be subject upon conviction to the penalty provided by Chapter 1, General Provisions, Article III, General Penalty.
