Woodbine City Zoning Code
§ 26-81.6
Zoning Permit.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
Definition of a Zoning Permit. A document signed by the Zoning Officer:
1.
Which is required as a condition precedent to the commencement of a use or a change of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building;
2.
Which acknowledges that such use, structure or building complies with the provision of the Borough of Woodbine Zoning Ordinance or variance therefrom duly authorized by a municipal agency; and
3.
Which certifies the nonconforming use status of a use or structure.
b.
Zoning Permit Required. A zoning permit is required before:
1.
Creation, construction, excavation, erection, change, conversion, enlargement, use or allowance of a use of any building, structure, land or part thereof;
2.
Changing or allowing a change of use of any building, structure, land or part thereof;
3.
Issuance of any building permit, temporary certificate of occupancy or certificate of occupancy.
c.
Application. Application for zoning permit shall be:
1.
In writing;
2.
Submitted to the Zoning Officer;
3.
Signed by the owner of record of the land and by the applicant for the permit;
4.
Made on forms provided by the Zoning Officer;
5.
Accompanied by a survey, drawn to scale with dimensions showing the exact size, shape, and location of all existing and proposed buildings and structures, the proposed building or structure in its exact relation to lot and street lines and by such additional information as may be required by the Zoning Officer to allow him/her to determine if a zoning permit should be issued. The Zoning Officer may waive the survey requirement on minor applications not affecting structural change.
d.
Issuance and Display of Permits.
1.
The Zoning Officer shall act on all applications for zoning permits within 10 business days after receipt of a fully completed application and shall notify the applicant, in writing, of his/her issuance or denial of the application.
2.
If the Zoning Officer denies an application for a zoning permit, a written statement of the reasons for denial shall be supplied to the applicant within 10 business days after receipt of a fully completed application.
3.
Failure to notify the applicant in case of such refusal within 10 business days shall entitle the applicant for a zoning permit to file an appeal to the Planning/Zoning Board as in the case of a denial. Notification shall be deemed made as of the date it is placed in the mail not the date when it is received by the applicant.
4.
Denial of a zoning permit by the Zoning Officer may be appealed to the Planning/Zoning Board. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to such appeals to the Planning/Zoning Board.
5.
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 person 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 revocation of said zoning permit.
e.
Records. A record shall be kept of all zoning permits issued and denied, and the original applications therefor shall be kept on file in the same manner as applications for building permits.
f.
Effect of Zoning Permits.
1.
The zoning permit for the premises (to be designated by tax block and lot numbers) shall show that every building or premises or part thereof and the proposed use thereof are in conformity with the provisions of the Zoning Ordinances of the Borough of Woodbine, or in conformity with the provisions of a variance granted according to law or are a valid nonconforming use and/or structure.
2.
A zoning permit, unless revoked, shall continue in effect so long as there is no change of use of the premises.
g.
Fees for Zoning Permit.
1.
Fees for zoning permits shall be as set forth in the Borough of Woodbine Code Section 25-2 (Schedule of Application and Escrow Fees).
2.
Fees for appeals and applications to the Planning/Zoning Board shall be as set forth in Borough of Woodbine Code Section 25-2 (Schedule of Application and Escrow Fees).
3.
For appeals and interpretations pursuant to N.J.S.A. 40:55D-70a and b.
h.
Revocation of Zoning Permit. If it shall appear at any time to the Zoning Officer that an application for zoning permit or accompanying plans are in any material respect false or misleading or that the work done on the premises is materially different from that called for in the application previously filed with him/her or may be in violation of any provision of Chapter XXVI, Zoning, of the Borough of Woodbine Code, or the conditions imposed by the Planning/Zoning Board in conjunction with approvals issued by them are not being met within the time or in the manner required by the approving authority, he/she may forthwith revoke the zoning permit.
i.
Nonconforming Uses and Structures.
1.
Upon written request, the owner, tenant, occupant, prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply, in writing, for the issuance of a zoning permit certifying the legality of the use or structure existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof.
2.
Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming.
3.
Application pursuant hereto may be made at any time to the Planning/Zoning Board.
4.
Denial by the Zoning Officer may be appealed to the Planning/Zoning Board N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications or appeals to the Planning/Zoning Board. Hearings before the Planning/Zoning Board shall require proper legal notice as provided for by N.J.S.A. 40:55D-12.
5.
Any zoning permit issued shall certify the extent and kind of use/structure and shall specify the nonconformity in detail.
j.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for a zoning permit shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.