Sussex City Zoning Code
§ 19-19.2
Zoning Permits.
[Ord. 9/5/78, S19.2; Ord. 3/25/86; amended 6-3-2025 by Ord. No. 2025-10]]
a.
It shall be unlawful for an owner, tenant, or occupant to use or to permit the use of any structure, building or land or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning permit has been issued by the zoning officer. Such zoning permit shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.
b.
1.
Any person desiring to change the use of a premises shall apply to the zoning officer for a zoning permit stating under oath such facts as required. A copy of the zoning permit shall be kept on file upon the premises affected until construction is completed and shall be displayed upon request of any authorized official.
2.
Such change of use per Paragraph b1 above includes, but is not limited to, a change from a permitted, nonresidential use to another permitted, nonresidential use and includes any change in nonresidential tenancy and any modification, expansion or conversion of any structure. A zoning permit shall not be required if the only change is residential tenant turnover.
3.
The Zoning Officer may issue a zoning permit for a change in use without requirement of site plan approval if the following are verified and sworn to by the property owner or other applicant having the legal right to make such sworn verification and the Zoning Officer has determined that such change will not impact negatively upon the health, safety or welfare of adjoining property owners or of residents of the Borough in general. The Zoning Officer shall at least be satisfied and the applicant shall attest in the application that the use meets the following criteria:
(a)
The proposed use is permitted in the zone where the subject property is located, or is a continuation of a preexisting or approved nonconforming use.
(b)
Adequate parking as required by Borough ordinances has been provided or, if the parking is preexisting and nonconforming, the change in use will not adversely affect such parking.
(c)
Existing site lighting is adequate for the new use and does not constitute a nuisance to adjoining property.
(d)
The proposed use will not generate unpleasant or noxious odors and proper provisions are made for recycling and trash/waste removal.
(e)
Deliveries will be made during normal working hours (7:00 am to 7:00 pm) using vehicles no larger than a typical delivery van used by UPS or Federal Express.
(f)
External markings and signage used by the old use will be removed prior to starting the new use. Such signs may be replaced by the new use. Any new signage shall conform to applicable sign/zoning requirements.
(g)
There will be no processing or storage of materials in such manner as may create undue hazard by reason of fire or explosion.
(h)
The new use does not cause any materially negative impact on the neighborhood because of traffic generation, parking, drainage, noise, or similar factors.
4.
In the event the applicant cannot satisfy the conditions set forth in Paragraph b3 above, the Zoning Officer shall not issue the permit but shall require the applicant to apply to the Planning Board for site plan approval.
5.
Nothing in this subsection shall relieve an applicant from the obligation to obtain any other permits, variances, licenses or other governmental approvals as required by law.
c.
All zoning permits shall be issued in triplicate and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of said zoning permit.
d.
A record shall be kept of all zoning permits issued and the original applications therefor shall be kept on file in the same manner as applications for building permits. No owner, tenant, or other persons shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after passage of this chapter, without first obtaining a zoning permit.
e.
A zoning permit once granted shall continue in effect so long as there is no change of use, or occupancy of the premises.
f.
The zoning officer shall act upon all such applications within 15 days after receipt of a fully filled-in application, or shall notify the applicant in writing of his refusal to issue such permit and the reasons therefor.
g.
Failure to notify the applicant in case of such refusal within said 15 days shall entitle the applicant for a zoning permit to file an appeal to the zoning board of adjustment as in the case of a denial.
h.
The zoning officer may waive plans on minor alterations not affecting structural change.
i.
The zoning officer shall collect a fee as set forth in Subsection 20-3.4, "Schedule of Fees".
j.
If it shall appear at any time to the zoning officer that the application or accompanying plans are in any material respect false or misleading, or that the work is being done upon the premises differing materially from that called for in the application previously filed with him, and may be in violation of any provision of this chapter, he may forthwith revoke the zoning permit.
k.
Upon written request from the owner, tenant or occupant made within six months of the effective date of this chapter, the zoning officer, after inspection, shall issue a zoning permit for an existing use legally in existence at the time this chapter takes effect, including nonconforming uses, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter; and if not, specifying the nonconformity in detail. After the expiration of the six month period, a zoning permit may only be issued for an existing use by the zoning board of adjustment after a hearing held on notice to all persons entitled thereto.
