Ocean City City Zoning Code
ARTICLE 1200
Certificates and Permits
§ 25-1200.1 Zoning Permit. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 99-20, 02-36, 03-12 and 04-13.
§ 25-1200.1.1 Applicability.
[Ord. #08-12, § 6; Ord. #13-12, § 8]
Any person wishing to undertake any regulated activity or use including but not limited to the following, shall first make application to the Zoning Officer for issuance of a Zoning Permit:
a.
Construction of any new building, structure, sign or improvement above or below ground including swimming pools, tennis courts, sheds and fences.
b.
Addition to or structural alteration to any existing building.
c.
Change of use on any land or within any building or structure, except as exempted by § 25-1200.2.1 below.
d.
Construction, addition to or any alteration to any parking area, signs, lighting, drainage facility or other site improvement above and/or below ground level.
e.
Any use, disturbance or alteration of the natural (existing) condition of a lot(s), specifically including filling and/or regrading, where said use, disturbance or alteration results in a change in grade or lot elevation in excess of six inches (6"). Filling and/or regrading associated with development requiring a building permit shall be reviewed and approved in conjunction with the building permit. Adherence to the provisions pertaining to finished grades (Subsection 25-300.8.1) and lot grading (Subsection 25-1700.8.9) shall be required as applicable.
f.
Prior to the issuance of a Certificate of Occupancy.
§ 25-1200.1.2 Application Requirements.
[Ord. #08-12, § 6; Ord. #09-28, § 12; Ord. No. 2016-08]
An application for a Zoning Permit by the lot owner or his authorized agent shall include an Ocean City Zoning Permit application form, and include or be accompanied by the following:
a.
The applicant's name, address and signature.
b.
The name, address and signature of the owner, if different from the applicant.
c.
The lot and block numbers and street addresses of the subject premises.
d.
A statement of the use or intended use of the building, structure or land.
e.
A current (not older than twelve (12) months) signed and sealed survey of the subject premises.
f.
An elevation plan drawn to scale, showing the building or structure to be erected including signs to be placed thereon, their content and manner of construction.
g.
A plot plan and supplemental drawings as required, drawn to scale showing proposed and existing conditions related to:
1.
Buildings with their dimensions;
2.
Signs;
3.
Parking area;
4.
Front, side and rear yard setbacks;
5.
Percentage of building coverage;
6.
Percentage of impervious surface coverage;
7.
Floor area ratio;
8.
Building height;
9.
All vegetated areas and landscaping;
10.
Topographic elevations and contours on site, and extending five feet (5') onto adjoining properties;
11.
Location of and screening to be used for refuse storage areas, outdoor mechanical equipment and pilings;
12.
Easements of any kind;
13.
An axiomatic roof diagram showing roof pitch and details of all features;
14.
Plans showing the elevation of the first habitable floor, elevation to the roof ridge and any roof extensions (cupolas, etc), the elevation and extension from the wall of all roof and dormer eaves, measured as required by this Ordinance.
15.
Setbacks from primary and secondary electric power lines to the proposed Building.
h.
The resolution and signed plans from any application approved by either the Planning Board or Zoning Board involving the subject property.
i.
The Zoning Officer may waive any requirements deemed not necessary for review of an application for a Zoning Permit for a shed, HVAC, propane tank, fence or similar improvement. Such waivers shall be noted on the approved Zoning Permit and on the approved survey/plot plan.
§ 25-1200.1.3 Other Permits and Approvals Required.
[Ord. #08-12, § 6]
Prior to issuance of a Zoning Permit, the applicant shall have, where applicable, secured other required permits and/or approvals including, but not limited to:
a.
Access Permit from the New Jersey Department of Transportation and/or Cape May County Engineering Department.
b.
Drainage Permits from the New Jersey Department of Transportation.
c.
Coastal Area Facilities Review Act (C.A.F.R.A.) Permit from the New Jersey Department of Environmental Protection.
d.
Wetlands Permit from the New Jersey Department of Environmental Protection.
e.
Waterfront Development Permit from the New Jersey Department of Environmental Protection.
f.
Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
g.
Sewerage and/or Industrial Waste Treatment Permit from the New Jersey Department of Environmental Protection.
h.
Land Disturbance Permit from the Cape Atlantic Soil Conservation District.
i.
Where new lots are involved, proof of recording of said subdivision from the Cape May County Clerk.
j.
Prior to the issuance of a Zoning Permit, the applicant shall have secured all approvals required by this Ordinance and shall have met any and all conditions of any municipal agency approval.
§ 25-1200.1.4 Time for Action on Application.
[Ord. #08-12, § 6]
The Zoning Officer shall take action on an application for a Zoning Permit within ten (10) days of its submission.
§ 25-1200.2.1 Exempt Development Conforming to All Requirements of this Ordinance.
[Ord. #99-20, § 8; Ord. #08-12, § 6]
If the Zoning Officer shall determine that the proposed undertaking is an "exempt development" which conforms in all aspects to the requirements of this Ordinance and does not require direction for the issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35, he shall issue a Zoning Permit and the Applicant may then apply for a building permit and/or other permits that may be required.
§ 25-1200.2.2 Exempt Development Not Conforming to All Requirements of this Ordinance.
[Ord #08-12, § 6]
If the Zoning Officer shall determine that the proposed undertaking is an "exempt development" but does not conform in all aspects to the requirements of this Ordinance and/or requires direction for the issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35 he shall instruct the applicant that Board of Adjustment approval of an Application for Development variance and/or direction for issuance of a building permit is required before a zoning permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
§ 25-1200.2.3 Nonexempt Development.
[Ord. #08-12, § 6]
If the Zoning Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an Application for Development is required. He shall further advise the applicant which Board has jurisdiction over the Application for Development and which of the following approvals are required:
§ 25-1200.2.4 Exempt Development.
[Ord. #06-07, § 3; Ord. #08-12, § 6]
a.
Site plan and/or subdivision approval shall not be required prior to issuance of a Zoning Permit for the following:
1.
Construction, additions, or alterations related to single family or duplex dwellings or their accessory structures where permitted by ordinance.
2.
Interior alterations to conforming commercial units which do not increase the required number of off-street parking spaces and which conform to the performance standards of this Ordinance.
3.
Any change in occupancy which is not a "Change in Use" (as herein defined).
§ 25-1200.2.5 Building Permit.
[Ord. #08-12, § 6]
No building or structure shall be erected, restored, added to, or structurally altered until a permit therefore has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code.
§ 25-1200.3.1 Certification of Front Yard, Side Yard, Rear Yard, Height, Building Coverage and Impervious Surface Coverage Compliance.
[Ord. #02-36, § 11; Ord. #08-12, § 6; Ord. #11-21, § 9; Ord. #13-12, § 9]
a.
In projects involving the construction or structural change of any roof above one (1) story level the developer shall, prior to the sheathing of said roof, submit certification from a licensed surveyor of the State of New Jersey demonstrating compliance with the applicable building height and roof deck height limitations, half-story, eave height and dormer controls, side yard setbacks, rear yard setbacks, front yard setbacks, floor area ratio, total stories and total building coverage as set forth by this Ordinance, or any modification of the limitation by a variance granted by the Ocean City Zoning Board of Adjustment or Ocean City Planning Board. In the event that the certification demonstrates noncompliance with the applicable building height, roof deck height, half-story, eave height, dormer controls, side yard setbacks, rear yard setbacks, front yard setbacks or total building coverage of this Ordinance, the developer shall, prior to any further construction or development on the site, take any and all actions necessary to comply with the appropriate provisions of this Ordinance or in the alternative, acquire the necessary variance(s). No further development on the site shall occur until such compliance occurs or variance is obtained.
b.
Prior to the issuance of any Certificate of Occupancy or prior to the actual occupancy of any building, the owner of the building or agent designated or appointed by the owner shall submit to the Zoning Officer a certification prepared by a licensed surveyor of the State of New Jersey demonstrating compliance with the applicable side yard setbacks, rear yard setbacks, front yard setbacks, building height, half-story, eave height and dormer controls, building coverage, impervious surface coverage, off-street parking, driveways, landscaping, half-story dimensions and calculations, front step/landing elevation, on-site topographic elevations and contours, Floor Area Ratio and such other information as may be required by the Zoning Officer to verify zoning compliance. Upon receipt of said certification, the Zoning Officer shall review the information and, if it is determined by the Zoning Officer that the proposed structure meets the use requirements and all applicable bulk requirements, he shall issue a final Zoning Permit to the Construction Official. The Construction Official shall not issue a Certificate of Occupancy unless and until the Zoning Officer has issued the final Zoning Permit.
In the event the Zoning Officer determines that the project does not conform to the use, bulk standards or other applicable provisions of the zoning regulations and/or conditions as may have been approved by either the Planning Board or Board of Adjustment, he/she shall immediately send written notification to the applicant/owner of the findings and deviations.
§ 25-1200.3.2 Notification of Noncompliance.
[Ord. #89-8, § 5; Ord. #08-12, § 6]
In the event that the Zoning Officer determines that the side yard setbacks, rear yard setbacks, front yard setbacks, half-story, eave height and dormer controls, height of the constructed building, or any other zoning control does not comply with the applicable zoning laws and regulations of Ocean City, he shall notify the owner of the building and shall not issue a final Zoning Permit until compliance with appropriate zoning laws is met.
§ 25-1200.3.3 Zoning Compliance Certificate.
[Ord. #06-15, § 3]
a.
A Zoning Compliance Certificate is required of all residential dwelling units including one-family, two-family, three-family and multiple-family, and individual condominium and cooperative units contained therein as follows:
1.
Prior to the transfer of title of a residential dwelling for any dwelling described above.
2.
As a result of a court order issued as part of the adjudication of violation(s) of the provisions of the Zoning Ordinance of the City of Ocean City.
3.
As a condition of approval by the Planning Board, or the Zoning Board of Adjustment.
b.
A Zoning Compliance Certificate shall not be required if:
1.
A Certificate of Occupancy has been issued in connection with new construction of the residential dwelling within one (1) year of the transfer of title.
2.
If, prior to the closing and transfer of title, the prospective owner provides a notarized affidavit to the Department of Community Development that the property will be demolished within ninety (90) days of the transfer of title, and that the property will not be occupied during that period of time.
(a)
If demolition has not occurred prior to the expiration of the ninety (90) day period, and the owner has not requested, in writing, to extend the ninety (90) day period, or the property is occupied during the initial or extended ninety (90) day period, the owner shall immediately obtain a Zoning Compliance Certificate.
c.
It shall be the responsibility of the seller of the residential dwelling to obtain the Zoning Compliance Certificate prior to the transfer of title. The seller shall make application to the Department of Community Development, on forms provided by the Department, for the certificate. The seller shall make his/her residential dwelling available for inspection by employees of the Department of Community Development, upon appointment, during regular business hours, Monday through Friday, from 8:30 a.m. to 4:30 p.m. The Department of Community Development shall notify the seller of the result of the inspection within three (3) business days of the inspection. If the inspection demonstrates that a Zoning Compliance Certificate should be issued, it shall be issued by the Department within three (3) business days of the inspection.
d.
The inspection of the residential dwelling shall be made to determine that (i) the use of the residential dwelling was permitted in accordance with the zoning regulations in effect at the time of the construction of the residential dwelling, or was the subject of a use variance received from the Ocean City Zoning Board of Adjustment, and, if not, that the present use of the residential dwelling is permitted by the zoning regulations; (ii) that there has been no substantial or material change from nonhabitable space to habitable space as identified in the building plans upon which the Certificate of Occupancy was issued for the residential dwelling, and that there is not any other substantial or material deviation from the building plans upon which the Certificate of Occupancy was issued for the residential dwelling.
1.
Any residential dwelling receiving a Certificate of Occupancy prior to January 1, 1996 will be presumed to have met the requirements of this Ordinance for the issuance of Zoning Compliance Certificate. The City, or any other person challenging this preemptive validity, must show by clear and convincing evidence that the Zoning Compliance Certificate should not be issued.
e.
An inspection for a Zoning Compliance Certificate may be undertaken at the same time of smoke detector inspections. The fee for inspection of any structure subject to the requirements of this section shall be shown in Chapter 30, Schedule L.