Palmyra City Zoning Code
ARTICLE IX
Amendments; Remedies and Penalties
§ 158-72 Amendments to regulations.
The governing body reserves the right to amend, change, modify, or repeal any regulations, limitations and restrictions of this code, including the Zoning Map. No such amendment, change, modification, or repeal shall be adopted until after a public hearing is held thereon by the Borough Council at which parties in interest and citizens shall have an opportunity to be heard.
A.
No amendment or change shall become effective unless the Code proposing such amendment or change shall first have been submitted to the Planning Board for approval, disapproval, or suggestions, and the Planning Board shall have a reasonable time, not less than 35 days, for consideration and report. In the case of an unfavorable report by the Planning Board, such amendment or change shall not become effective except by a favorable vote of 2/3 of the membership of Borough Council.
B.
In case of a protest against such proposed change signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land on either side thereof or directly opposite thereto extending 200 feet therefrom (exclusive of street space), such change shall not become effective except by the favorable vote of 2/3 of all the members of the Borough Council.
§ 158-73 Remedies for prohibited acts.
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building or structure is used in violation of this code or any regulations made pursuant thereto, the proper Borough authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 158-74 Enforcement; violations and penalties.
[Amended 8-10-2009 by Ord. No. 2009-12]
A.
Enforcement.
(1)
The Zoning Officer shall administer and enforce the zoning provisions of the Land Development Code and shall be responsible for the issuance of all zoning permits. No zoning permit shall be issued unless the proposal is fully compliant with all provisions of the Zoning Ordinances and the floodplain regulations.[1] A zoning permit shall be issued prior to the issuance of a construction permit from the Construction Official.
(2)
No certificate of occupancy for a use of an existing structure shall be issued unless there is an approved zoning permit. All changes in occupancy of an existing structure which do not involve residential uses shall require a zoning permit which shall certify that the use complies with the zoning laws of the Borough. Prior to the issuance of a zoning permit for a change in occupancy, the Construction Official shall issue a certificate of continued occupancy which certifies that the building, structure and premises conform to the Uniform Construction Code of the State of New Jersey.
(3)
A zoning permit shall be issued or denied within 10 working days of the date of the complete submission of an application. The work to be performed shall commence within 90 days after the issuance of the permit; otherwise the permit shall be void.
B.
Penalties. Any person that shall violate any section of the Land Development Code where no specific penalty is stated for that section, or do any act or thing prohibited or fail or refuse to do any act or thing required to be done, or fail to comply with an order from the Zoning Administrative Officer or an order of the Planning Board shall upon conviction thereof before any judicial officer authorized to hear and determine the matter pay a fine not to exceed $1,000 and may be imprisoned for a term not to exceed 90 days or both. Any violation of any section of the Land Development Code that continues after the responsible party has been cited, summoned, or officially noticed of the violation or proposed violation shall be considered a continuing violation and shall be separately punishable for each day that it continues.