Mountain Lakes City Zoning Code
ARTICLE VII
Permits and Certificates
§ 245-52 Zoning permits required.
A.
A zoning permit issued by the Zoning Officer shall be required for the following activities and it shall be a violation of this chapter to engage in the following activities without first obtaining a zoning permit:
(1)
No person shall commence the construction, reconstruction, demolition, alteration, conversion or installation of a structure without first obtaining a zoning permit.
(2)
No person shall commence a use nor change an existing use of property without first obtaining a zoning permit.
(3)
Prior to the issuance of a building permit, a zoning permit certifying that the request conforms with the provisions of this chapter shall be issued.
B.
A person desiring to obtain an official acknowledgement that an existing building, lot or use meets the requirements of the current Borough Zoning Ordinance may do so by obtaining a zoning permit. No other form of acknowledgement of zoning conformance shall be recognized by the Borough.
C.
The Zoning Officer shall issue a zoning permit where it is determined that at least one of the following conditions has been met:
(1)
The use is permitted as a permitted use in the proposed location and the structure and lot meet all the requirements of this chapter; or
(2)
It is clearly established that the use exists as a nonconforming use and/or nonconforming structure; or
(3)
The use is permitted by the terms of a variance and the structure and lot meet all the conditions of the variance or all the requirements of this chapter.
D.
The Zoning Officer shall have the authority to promulgate any checklists, application forms and/or registrations necessary for the administration of this section, including the submission and review of any business or other registration forms if required by Borough Ordinance.
E.
Appeal. The granting or denial of a zoning permit may be appealed to the Zoning Board of Adjustment by any interested party pursuant to N.J.S.A. 40:55D-70a.
§ 245-53 Building permit, certificate of occupancy required.
A.
Permit required. No building, structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Official. A construction permit shall be conditional until a foundation survey is made at the time the foundation is in place. At such time, the applicant shall submit an accurate foundation survey to the Construction Official for his review for compliance with the zoning regulations. This survey shall be sealed by a licensed surveyor and shall show the external dimensions of the foundation, the distances from its property lines and the elevation of the top of the foundation. Following his approval of the foundation survey, the Construction Official shall validate the permit for the completion of the building. A waiver of the requirement for a survey may be granted where the Construction Official is satisfied that the completed foundation meets the setback requirement.
B.
Certificate of occupancy. No land or structure shall be occupied or used in whole or in part for any purpose until a certificate of occupancy shall have been issued by the Construction Official stating that the use and building therein specified, or either of them as the case may be, complies with all the provisions of these chapters. A new certificate of occupancy shall be required for a change of use of land or structure. A change of use shall mean a change from one specific use of land or structure as identified in this chapter to another such use. See also § 245-65, Site plan review and approval.