North Wildwood City Zoning Code
ARTICLE XIII
Zoning Use Compliance
§ 276-84 Purpose.
The purpose of this article is to provide for a process of property inspection and certification whereby, compliance with the provisions of the City of North Wildwood's Land Development Ordinance can be ascertained at the time of conveyance of ownership interests therein. Such a process will serve to assist the City's Tax Assessor in maintaining accurate property records, and the Zoning Official in ensuring that permitted and/or approved uses and structures have not been illegally converted to a prohibited use or structure without the necessary approvals from the City of North Wildwood Planning Board.
§ 276-85 Certificate of zoning use compliance.
A.
No person or entity having an ownership interest in real property shall sell or transfer any ownership interest of any description whatsoever, whether fee simple or otherwise, in that real property until they have first obtained a certificate of zoning use compliance from the Zoning Officer of the City of North Wildwood certifying:
(1)
The current use of the property is a permitted use and is in compliance with the provisions of the City of North Wildwood's Land Development Ordinance; specifically, the provisions associated with the zoning district in which the real property is located, or that the property is a preexisting, nonconforming use in the zoning district in which it is located and said use is permitted to be maintained.
(2)
The number and designation of the unit(s) or structure(s) covered by the certificate.
(3)
The structure, part of the structure, or unit in the structure or lot is in compliance with the provisions of the Land Development Ordinance; specifically, the provisions that set forth the permitted uses and structures for the zoning district in question.
B.
All applications for certificates of zoning use compliance shall be signed by the owner of record and shall identify, under oath, all existing permitted or preexisting, nonconforming uses of the property and/or all permitted or preexisting, nonconforming structures that have been developed upon the property for which a certificate is requested.
§ 276-86 Exceptions.
A.
A certificate of zoning use compliance shall not be required for the transfer of an ownership interest to new construction, provided that the original certificate of occupancy issued for said structure was issued within the 12 months next preceding the transfer of the ownership interest.
B.
A certificate of zoning use compliance shall not be required in the event a transfer an ownership interest in property is between members of a single family, a transfer of an ownership interest in property occurs as a result of a judgment of the Superior Court of New Jersey, or a transfer of an ownership interest in property is made for the purposes of estate planning, provided the consideration associated with said transfers does not exceed $1,000.
§ 276-87 Issuance of zoning use compliance certificate.
A.
When issuance of a certificate of zoning use compliance is required by the provisions of this article, no person or entity shall accept or permit the transfer of an ownership interest in property nor occupy, or permit the occupancy of, any structure, portions of a structure, or unit therein, without receiving from the transferor or from the Zoning Officer of the City of North Wildwood a certificate of zoning use compliance.
B.
A certificate of zoning use compliance shall be issued by the Zoning Officer of the City of North Wildwood, and/or his or her appropriate designee. Said certificate shall be issued upon physical inspection of the property. The Tax Assessor and/or his or her appropriate designee may accompany any inspecting personnel for the purpose of obtaining information for tax assessment purposes.
§ 276-88 Application process and fees.
A.
Applications for a certificate of zoning use compliance shall be submitted to the City of North Wildwood Zoning Officer upon forms to be issued by the Zoning Officer. The certificate will either be issued or rejected within 10 business days of the receipt of a complete application and payment of the required application fee.
B.
All applications for a certificate of zoning use compliance, at a minimum, shall contain the following information:
(1)
The name and address of the owner;
(2)
The address, including the block and lot number, of the building, structure, or lot;
(3)
The existing and/or prior use of the property, as well as the continued and/or proposed use of the property;
(4)
The total square footage of the lot and any structure that exist thereon; and
(5)
The number of occupants, employees, and/or tenants, and the number and location of all existing parking spaces.
D.
A certificate of zoning use compliance shall remain valid for a period of 180 days from the date of issuance.
E.
No certificate of zoning use compliance shall be issued by the City of North Wildwood Zoning Officer until Tax Collector confirms that all taxes, assessments and other charges levied by the City against the property are satisfied and paid in full.
§ 276-89 Violations and applicable penalties.
A.
In the event a transfer of an ownership interest in property is made without first obtaining a certificate of zoning use compliance when so required by this article, there shall be a grace period of 20 days in which a party required to obtain the certificate must obtain the certificate before being subject to violation and/or penalties.
B.
Any person or entity convicted of a violation of the provisions of this article, upon conviction thereof, shall be subject to one or more of the following: a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, all of the aforesaid, however, being in the discretion of the Judge or other officer having jurisdiction.
C.
It shall not be a defense to a prosecution hereunder that any person or entity charged with a violation of this article acted in the belief that some other person, persons, organization of persons or entity was required to obtain the required certificate of zoning use compliance.
D.
Each day the violation continues after the occurrence of the ownership interest transfer for which the certificate of zoning use compliance was to have been obtained shall constitute a new and separate offense.