Midland Park City Zoning Code
§ 34-21.3
Zoning Certificate.
[6-10-2021 by Ord. No. 08-21; amended 4-13-2023 by Ord. No. 11-2023]
a.
A zoning certificate shall be secured from the Zoning Officer prior to the construction, erection or alteration of any building or structure, except a one-family dwelling: of any parking area not accessory to a single-family dwelling; or of any fence of two feet in height or more or of any change in occupancy of any nonresidential premises. A construction permit issued in accordance with the New Jersey Uniform Construction Code shall not satisfy the requirements of this section. The fee for each such zoning permit shall be as set forth in the fee schedule.
b.
All requests for a zoning certificate shall be made in writing by the owner, or authorized representative, and shall contain a statement of the use or intended use of the buildings, structure or land and shall be accompanied by, among other things which the Board of Adjustment, Planning Board or Zoning Officer may require, a plan and elevation of the building and a plot plan drawn to scale, showing the proposed building in its exact relation to lot and street lines, and by evidence satisfactory to the Zoning Officer to the effect that the line of the bounding street or streets have been accurately located and staked on the ground.
c.
No zoning certificate permit shall be issued for the construction or alteration of any building upon a lot without access to a street.
d.
No zoning certificate shall be issued for any new structure, for any addition to an existing structure or for any change in use or occupancy of a structure unless: (1) such certificate has been approved by the Planning Board, provided that the property is located in the I-1 or I-2 zone, (2) if required by law, a site plan shall have first been approved by the Planning Board or Board of Adjustment, in accordance with the terms of Chapter 32, Site Plan Review. Notwithstanding the foregoing, Planning Board or Board of Adjustment approval of a zoning certificate or site plan approval shall not be required prior to the issuance of a zoning certificate for any new structure or addition to an existing structure if such structure is used or to be used solely as a single or two-family dwelling or is an accessory thereto.
e.
No zoning certificate shall be issued for a building or structure to be used for any conditional use in any district unless and until such approval has been duly granted by the Planning Board or Board of Adjustment.
f.
The zoning certificate application and all supporting documentation shall be made in duplicate. On the issuance of a building permit the Zoning Officer shall return one copy of all filed documents to the applicant. If the zoning certificate must be approved by the Planning Board pursuant to Subsection d above, the applicant shall submit 12 copies of all required materials.
g.
The Zoning Officer shall, within 20 working days after the filing of a complete and properly prepared application approved, where necessary, by the Planning Board or Board of Adjustment, either issue or deny a building permit. If a building permit is denied, the Zoning Officer shall state in writing to the applicant the reasons for such denial.
h.
Every zoning certificate shall expire if the work authorized has not commenced within six months after the date of issuance, or has not been completed within two years from such date. If no zoning amendments or other codes or regulations affecting such property have been modified and no publication of notice of a public hearing on such amendment or code regulations have occurred in the interim, the Zoning Officer may authorize in writing the extension of either of the above periods for an additional six months, as per schedule, after which no further work is to be undertaken without a new zoning certificate.
i.
Procedure for Construction and Occupancy Permits.
1.
An application for any construction permit or certificate of occupancy for industrial use in the Industrial District shall be submitted to the Construction Official in duplicate on forms prepared by the Planning Board.
2.
The applicant shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Planning Board shall request a deposit of $500 to be submitted with the application which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance to the required performance standards. Such consultant or consultants shall make their report within 30 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant. At the next regular meeting of the Board or within 30 days of receipt of consultant's report, whichever comes sooner, the Board shall render a decision in the form of a written report regarding said application.
3.
Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards and the applicant's paying fees in excess of $500, if needed, to cover the expert's above-mentioned reports. All monies not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders the written decision. The Construction Official and appropriate subcode officials shall investigate any alleged violation of the performance standards and, if there are reasonable grounds to believe that a violation exists, shall notify the Planning Board and Mayor and Council.
j.
Revocation of Zoning Certificate.
1.
Any person, corporation, partnership, firm or entity which has received a zoning certificate pursuant to this section and is subsequently determined to have violated the terms and conditions of the zoning certificate or has otherwise been determined to have violated any statute, ordinance or other provision pertaining to the use of the structure shall be subject to having the zoning certificate revoked by the Zoning Officer. Any party subject to such revocation shall have the right to appeal such revocation pursuant to N.J.S.A. 40:55D-70a.
2.
A construction permit or certificate of occupancy for industrial use in the Industrial District shall also be subject to having the construction permit or certificate of occupancy revoked by the Zoning Officer if it is determined that the holder of the construction permit or certificate of occupancy has violated the terms and conditions thereof or has otherwise been determined to violate any statute, ordinance or other provision pertaining to the use of the structure. Any party subject to such revocation shall have the right to appeal such revocation pursuant to N.J.S.A. 40:55D-70a.