The duty of enforcing and administering the provisions of this chapter is hereby conferred upon the Zoning Officer. He shall have such powers as conferred upon him by this chapter and those powers which may be reasonably implied. The Zoning Officer shall be appointed by the Borough Commission and shall receive such compensation as the Commission shall from time to time determine. The Zoning Officer may, in addition to his appointment under this chapter, act as the Borough Construction Code Official.
[Amended 9-18-2002 by Ord. No. 2002-15]
The duty of the Zoning Officer and the Deputy Zoning Officer, which office is created hereby, is to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises by appointment during normal daytime working hours in the course of his duties. The Zoning Officer shall have all other powers and duties provided by law and regulation.
A. 
Zoning application. Within 10 business days after receipt of a complete zoning application, the Zoning Officer shall either approve or deny, in writing, the issuance of a zoning permit. A complete zoning application shall include a survey prepared by a NJ licensed professional surveyor reflecting all existing improvements, and building dimensions and setbacks to insure compliance with this chapter.
B. 
Violations. When the Zoning Officer determines that any plans, buildings, or premises are in violation of the provisions of this chapter or not in compliance with approved plans and/or a zoning permit, the Zoning Officer shall order discontinuance of illegal uses of lands, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; and shall take any other action authorized by this chapter or the provisions of applicable New Jersey laws to ensure compliance.
C. 
Violation notices. In the event the Zoning Officer discovers a violation, he shall, within three business days, issue a violation notice by certified mail to the name and address shown on the tax records, and the name and address of the building permittee, if any. The notice shall provide that the violation must be abated within seven business days, and if buildings are under construction, all construction must immediately stop. If revised plans or other documentation are submitted within the seven-day period, the Zoning Officer must review the submissions within 10 business days and, after his review, notify the property owner and the building permittee, if any, within three business days thereafter whether or not the submission abates the violation. If any violation is not timely abated pursuant to any of the foregoing requirements and time periods, the Zoning Officer shall forthwith file the appropriate complaint with the Municipal Court for the violation or violations.
D. 
Zoning complaints. The Zoning Officer, within three business days following the receipt of a written or verbal complaint that a property is in violation of this chapter, shall inspect the property and issue a written report to the Director of the Department. The report shall state whether or not the property conforms to the requirements of this chapter. If it does not, then the report shall state that a violation notice was duly issued to the property owner and the building permittee, if any, in the same manner and with the same time periods as other violation notices under this chapter.
E. 
Zoning interpretations. In applications requiring a zoning interpretation, the Zoning Officer shall deny the application and refer the applicant to the Planning Board unless revised plans are submitted reflecting clear compliance with the intent and purpose of this chapter. If no acceptable revised plans are submitted, the applicant shall submit a complete application to the Planning Board for an interpretation.
F. 
Surveys required. Building permittees shall submit to the Zoning Officer surveys prepared by a NJ licensed professional surveyor within five business days following completion of each of the following stages of construction: foundation/top of block with all setbacks to property lines; completion of roof framing and building and eave height; completion of all site improvements with all building setbacks clearly shown, commonly known as a "final survey." After completion of the roof framing and building and eave height, a roof pitch certification by a licensed surveyor shall be provided showing the roof pitch is in compliance with § 167-7A. The submission of the required foundation/top of block survey shall also indicate, in addition to the setbacks to property lines, all proposed work between the block foundation and property lines, including, but not limited to, decks, stairs, landings, porches, balconies, building projections, etc., that are not yet constructed but will be attached or extended beyond the foundation and finish walls of the principal structure. In addition, spot elevations shall be indicated for existing ground at the extreme four corners of the foundation as well as sidewalk and top-of-curbing at the front center line of the property. Any proposed stairways shall be dimensioned to assure construction within the required yard setbacks based on those spot elevations. When the proposed construction is indicated on said survey, it shall be accurately dimensioned to all proposed finished edges to assure that no future work, including exterior finishes, will result in the need for variance. Should it be determined that a variance approval is necessary, the builder shall immediately cease construction in any such areas outside of the principal structure and either make revisions to the proposed construction in order to eliminate the need for such variance, or immediately make application to the Zoning Board and receive approval prior to continuing construction in those areas. Failure to provide said information or revise construction to comply with the developmental regulations shall void the original zoning permit approval.
[Amended 7-25-2015 by Ord. No. 2015-07; 5-18-2022 by Ord. No. 2022-07]
G. 
Headings and savings clause. The subsection headings are for informational purposes only. To the extent that the duties, time periods, and other terms and provisions contained in this Article IX are inconsistent with New Jersey enabling statutes and other preempting laws, rules and regulations, the provisions of this Article IX shall be automatically conformed to such preemptive laws, rules and regulations. All references to Zoning Officer shall equally apply to the Deputy Zoning Officer.
A. 
No building permit shall be issued, no land shall be cleared and no change of use shall be conducted without the first obtaining of an approved zoning permit from the Municipal Zoning Officer or other authorized officer. The applicant shall complete the permit form as established by the Zoning Officer and pay a fee to the Borough of Longport for said review and approval as follows:
[Amended 5-16-2001 by Ord. No. 2001-06; 12-17-2003 by Ord. No. 2003-17]
(1) 
New construction: $700.
(2) 
Construction renovation: $300.
(3) 
All other applications: $100.
B. 
Any permits issued under this chapter may be combined in form with appropriate permits issued under any building code effective in the Borough. No permit shall be issued unless the proposed use or structure is in conformity with the provisions of this chapter, except upon proper written order of the Board of Adjustment and/or Planning Board. The Zoning Officer shall transmit written notice of all approved permits to the Tax Assessor.
C. 
A zoning permit or conditional use permit shall expire and become void if construction or site preparation has not begun within six months of the effective date of the permit, if construction or site preparation is discontinued for a period exceeding six months or if work is not substantially complete and actual use begun within two years of the effective date of the permit. One extension of an expiration date for six months may be granted by the Board of Adjustment upon application and a showing that work has been delayed by circumstances beyond the reasonable control of the owner. When a permit has expired, any site plan or other approval related to the permit shall also become void.
D. 
A condition of all applications and approvals filed or granted pursuant to the Longport Code in general and Chapter 150, Subdivision and Site Plan Review, and Chapter 167, Zoning, in particular, is the requirement that applicants show proper proof that no taxes, assessments, water and sewer charges or other obligations are due to the Borough of Longport as of the date of the application and as of the date of any approvals or issuance of any permits.
[Added 8-20-2003 by Ord. No. 2003-13]
A. 
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Borough and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are hereby designated "conditional uses" and listed as such under the appropriate zone district contained in the Schedule of District Regulations. In addition to other powers conferred by this chapter, the Planning Board shall have power to authorize the granting of a permit for a conditional use after site plan approval, under other terms and conditions established by this chapter and the Longport Development Procedures Ordinance, and in accordance with the following general stipulations and guidelines:
(1) 
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.
(2) 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected.
(3) 
Reasonable consideration is afforded the character of the neighborhood and the district, the conservation of property values, the avoidance of congestion of vehicular traffic and the avoidance of any unnecessary hazards.
B. 
Six copies of an application for a conditional use permit, along with site plans of the proposed condition use as specified by the Subdivision and Site Plan Review Ordinance, shall be submitted in accordance with the provisions of the Longport Development Procedures Ordinance.
(1) 
The Planning Board shall conduct a public hearing on conditional use applications in accordance with procedures and requirements established in the Longport Development Procedures Ordinance for review and approval of major subdivisions and site plans for conventional developments of more than one acre. Within 95 days from the date said application is determined complete, the Planning Board shall, by resolution, either approve or disapprove the application. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.
(2) 
In reviewing an application for conditional use permit, said review shall include site plan review as provided in accordance with this chapter. The Planning Board shall review applications, including site plans, in accordance with all standards and regulation of this chapter and as to conformity with the goals, objectives and policies of any adopted Longport Master Plan.
(3) 
In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to carry out the intent of this section or to protect the health, safety or general welfare of the public.
(4) 
The Planning Board shall notify the Zoning Officer, in writing, as to its decision and any special conditions imposed in connection with the approval actions.
(5) 
The Zoning Officer shall approve or deny applications for conditional use permits in accordance with Planning Board action. All conditional use permits shall be issued only in accordance with applicable conditions contained in this chapter or imposed by the Planning Board. The Planning Board Administrative Officer shall transmit one copy of all approved and denied applications to the Municipal Tax Assessor, Zoning Officer, Construction Official and Municipal Engineer.
Site plan review and approval shall be required as a prerequisite to the issuance of a zoning permit, building permit or certificate of occupancy as specified in the Development Procedures Ordinance and according to any applicable standards and requirements contained in the Subdivision and Site Plan Review Ordinance and/or this chapter.
In reviewing any site plan application, the Planning Board shall be guided by any pertinent Comprehensive Plan recommendations, policies and proposals; any specific standards relating to particular uses contained in Articles VI or VII of this chapter; and general site design standards contained in the Subdivision and Site Plan Review and Approval Ordinance.[1]
[1]
Editor's Note: See Ch. 150, Subdivision and Site Plan Review.
All applications for zoning permits shall be in duplicate and include plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact size and location on the lot of any buildings already existing and the location and dimensions of the proposed building or alteration. The application shall include such other information as reasonably may be required by the Zoning Officer, including such things as existing or proposed open land uses; existing or proposed accessory buildings or structures; the number of families, housekeeping units or rental units the building is designed to accommodate; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. One copy of the plan shall be returned to the applicant by the Zoning Officer after he has marked such copy either as approved or disapproved and attested the same by his signature. The second copy of the plans, similarly marked, shall be retained by the Zoning Officer. Extra copies of applications will be required in the case of conditional uses and applications requiring site plan review.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, thereinafter created, erected, changed, converted or wholly or partly enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Construction Code Official, stating that the proposed use of the building or lands conforms to the requirements of this chapter. Following the completion of construction, reconstruction or alteration of any buildings or any change in the use of a structure or land parcel, the applicant shall transmit by registered mail to the Construction Code Official a letter stating that such construction has been completed or that a new or changed use is being proposed. Within seven days of receipt of this letter, the Construction Code Official shall make all necessary inspections of the completed structure and/or proposed use to determine conformance with the terms of this chapter. A certificate of occupancy shall be issued only if the Construction Code Official finds that the requirements of this chapter or applicable supplementary actions of the Board of Adjustment, Planning Board or governing body have been complied with.