[Ord. No. 1038 § 1000]
It shall be the duty of the administrative officers, otherwise
known as the Construction Officer and the Building Inspector, to notify
any person violating this chapter to correct the violation immediately.
If satisfactory action to correct such violation is not obtained,
it then shall be the duty of the administrative officers to enforce
this chapter.
[Ord. No. 1038 § 1001.01]
The provisions of this chapter shall be enforced by an appointee
of the Board of Commissioners or the appropriate commissioner, hereinafter
called the Zoning Officer.
[Ord. No. 1038 § 1001.01]
It shall be the duty of the Zoning Officer:
a.
In the case of all applications to build, or in the case of any other
complaint filed with him/her, or as the result of any investigation
made by him/her, to ascertain in each case whether the proposed or
existing construction conforms to the zoned restriction, the lot coverage
percentage, the front, side and rear yard restrictions, and all other
restrictions and conditions imposed by this chapter.
b.
In the case of new construction, if all conditions of zoning are
met, he/she shall issue a zoning permit. Zoning permits shall be returned
to the Building Inspector to become an integral part of the building
permit application and the building permit.
[Ord. No. 1038 § 1001.03]
The Zoning Officer will either approve the application for a
permit to build; or if the application and/or plans do not meet the
zoning requirements, the Zoning Officer (in the case of an application
for new construction) must file Form BA #1, Zoning Officer's Denial
Report in full, showing all violations of this chapter. This report
is then returned to the Building Inspector, and no permit shall be
issued until the violations are corrected. After receipt of the application,
the Zoning Officer shall prepare his report within ten (10) working
days.
[Ord. No. 1038 § 1001.04]
The Zoning Officer shall maintain on file a copy of all applications
that he/she has acted on. In the event the Zoning Officer files a
finding of a violation as a result of existing construction or on
his/her own investigation, he/she shall file complaints in accordance
with the provisions of this chapter.
[Ord. No. 1038 § 1001.05; Ord. No. 1220 § XV; amended 8-27-2019 by Ord. No. 1637]
a.
No building permit shall be issued, no land shall be cleared and
no change of use shall be conducted without first obtaining 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 nonrefundable/nontransferable fee.
This fee shall be charged only once, for either floodplain management
or zoning review, and shall be paid to the City of Sea Isle City for
said review and approval as follows:
[Ord. No. 1038 § 1001.06]
No building hereafter constructed, erected or altered shall
be occupied or used in whole or in part for any use whatsoever, and
no change of use of any building or part thereof shall hereafter be
made until an Occupancy Permit has been issued by the Zoning Officer,
certifying that the building or use complies with the provisions of
this chapter.
[Ord. No. 1038 § 1001.07]
The Zoning Officer may issue special permits, upon authorization
of the Zoning Hearing Board regarding variances.
[Ord. No. 1038 § 1001.08]
Temporary permits may be authorized by the Board of Commissioners
after considering Planning Board comments, for a period not to exceed
one (1) year, for nonconforming uses incidental to housing and construction
projects, including such structures and uses as a gravel-sorting plant,
storage of building supplies and machinery, and a real estate officer
located on the tract being offered for sale; provided, that such permits
shall be issued only upon agreement by the owner to remove the structure
or structures upon expiration of the permit. Such permits are annually
renewable over a period not to exceed three (3) years.
[Ord. No. 1038 § 1001.10]
The Zoning Officer shall process all applications for home occupations
and shall maintain records of all applications, whether approved or
disapproved.
[Ord. No. 1038 § 1001.11]
The Zoning Officer shall assist all owners of nonconforming
uses and structures as of the time of adoption of this chapter to
properly register the nonconformity so as to preserve the owner's
ability to continue the use or structure as a "registered structure
or use."
[Ord. No. 1038 § 1002.01]
Failing to secure a zoning, building or sign permit before commencing
to erect or alter any building or structure, or failing to obtain
an Occupancy Permit prior to issuing or arranging for the use of any
land, building or structure, or using or building on a premises contrary
to the terms of any permit issued for such premises under this chapter,
shall be a violation of this chapter. Each day that such violation
exists shall constitute a separate offense.
[Ord. No. 1038 § 1002.02]
In case any building, structure or land is used in violation
of, or contrary to, the provisions of this chapter, or any conditions
imposed upon a developer hereunder, the City may institute an action
to enjoin or any other appropriate action or proceeding to prevent
such erection, construction, reconstruction, alteration, conversion
or use. However, nothing in this chapter shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
[Ord. No. 1038 § 1002.03]
a.
Any person, firm or corporation that shall violate any provisions
of this chapter or any condition imposed upon a developer hereunder
shall, upon conviction thereof by any court authorized by law to hear
and determine the matter, be fined a sum not exceeding five hundred
($500.00) dollars, as such court in its discretion may impose. If
the party so convicted be a natural person, such person may be imprisoned
for a term not exceeding ninety (90) days, as such court in its discretion
may impose, or be fined a sum not exceeding five hundred ($500.00)
dollars, as such court in its discretion may impose; or such natural
person may be both imprisoned and fined not exceeding the maximum
limits as set forth herein, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
Where appropriate, the court may impose community service in place
of or in addition to imprisonment.
b.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part hereof, where anything in violation of this chapter
or any condition imposed upon a developer hereunder, shall be placed
or shall exist or be suffered, allowed or permitted to exist; and
any architect, builder, developer, contractor, agent person or corporation
engaged in connection therewith and who assists in the commission
of any such violation, shall each be guilty of a separate violation,
and upon conviction thereof shall each be liable to the fine or imprisonment,
or both, specified above.
[Ord. No. 1038 § 1002.04]
a.
If, before final subdivision approval has been granted, any person,
as owner or agent, transfers or sells or agrees to transfer or sell
any land which forms a part of a subdivision for which City approval
is required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
one thousand ($1,000.00) dollars. Each lot disposition so made may
be deemed a separate violation.
b.
In addition to the foregoing, the City may institute and maintain
a civil action for injunctive relief, or to set aside and invalidate
any conveyance made pursuant to a contract for sale if a certificate
of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
c.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his/her
assigns or successors, to secure the return of any deposit made or
purchase price paid, and also a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought
within two (2) years after the date of the recording of the instrument
of transfer, sale or conveyance of said land, or within six (6) years
if unrecorded.
[Ord. No. 1038 § 1003.01]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
refer and apply only to that section, paragraph, subdivision, clause
or provision so adjudged and the remainder of this chapter shall remain
valid and effective.
[Ord. No. 1038 § 1003.02]
Any ordinance inconsistent or in conflict herewith is expressly
repealed hereby to the extent of such inconsistency.
[Ord. No. 1038 § 1003.03]
This chapter shall take effect upon its final passage and publication
as provided by law.
