[Ord. No. 350]
a.
Zoning Permits. Zoning permits shall hereafter be secured from the
Construction Official prior to the issuance of a building permit for
construction, erection or alteration of any structure, or prior to
any change in the use of any existing structure or land. Prior to
issuing a zoning permit, the Construction Official shall ascertain
that all conditions and prerequisites of the Zoning Ordinance will
be met. Zoning permits shall expire one year after issuance if the
use or substantial construction has not been commenced.
b.
Building Permits. Building permits shall hereafter be secured from
the Construction Official prior to the construction, erection or alteration
of any structure, but only after a zoning permit has first been secured.
Prior to issuing a building permit, it shall be ascertained that all
conditions and requirements of the State Uniform Construction Code
will be met. Building permits shall expire one year after issuance
if substantial construction has not been commenced. The required fee
shall accompany each application for a building permit.
c.
Certificate of Occupancy.
It shall be unlawful to use or permit the use of any structure or
premises or part thereof hereafter created, located, erected, changed,
converted or enlarged wholly or partly until a certificate of occupancy
has been issued by the Construction Official and the Building Department
of this Borough certifying compliance with all provisions of the State
Uniform Construction Code and law.
No certificates of occupancy shall be issued until it has been
certified that the completed construction, building or development
complies with the requirements of the land use ordinances and the
requirements of the Board of Adjustment and/or Planning Board if applicable.
Planning Board Acting as Zoning Board of Adjustment.
a.
Statutory Authority. The Borough of Interlaken had previously established
a Zoning Board of Adjustment in accordance with Statute.
The Mayor and Borough Council have amended its ordinance whereby
there existed in the Borough both a Planning Board and Zoning Board
as separate bodies.
N.J.S.A. 40:55D-25 permits a municipality having a population
of 15,000 or less to appoint a nine member Planning Board to exercise
to the same extent and subject to the same restrictions all powers
of a Board of Adjustment thereby eliminating the need for such a separate
body.
The Borough of Interlaken is a municipality having a population
of 15,000 citizens or less.
b.
Dissolution of Zoning Board of Adjustment as a Separate Entity. By
the adoption of Ordinance No. 338, the Zoning Board of Adjustment,
as it previously existed in the Borough of Interlaken, is hereby dissolved
to the extent that such a Board exists as a separate functioning body
within the Borough.
c.
Powers of the Planning Board Acting as the Zoning Board of Adjustment.
1.
The Land Use and Development Chapter of the Borough of Interlaken
is hereby amended to the extent that there is hereby established pursuant
to Statute, a Planning Board constituting nine members, which Planning
Board shall exercise to the same extent and subject to the same restrictions
all of the powers of a Board of Adjustment.
2.
The aforesaid newly constituted nine member Planning Board shall
exercise all the powers of a Board of Adjustment, but the Class I
and Class III members shall not participate in the consideration of
applications for development which involve relief pursuant to Subsection
d of N.J.S.A. 40:55D-70; and
3.
All ordinances inconsistent with this chapter are hereby amended
to the extent permitted by Statute so as to permit the Planning Board
to carry out the functions of the Board of Adjustment in accordance
with Statute.
d.
References to Zoning Board of Adjustment Currently in Code. All references
to the Zoning Board of Adjustment within the Code of the Borough of
Interlaken are hereby amended to reflect the fact that the function
of the Zoning Board will be carried out in accordance with the requirements
of N.J.S.A. 40:55D-25c so as to reflect the rights of the Borough
of Interlaken to carry out zoning activities as if such body were
still in effect in separate form.
[Ord. No. 350 § 59]
The provisions of this chapter shall be administered and enforced
by the Construction Official. It shall be the duty of the Police Department
and the Fire Department to report any violations of the provisions
of this chapter, in writing, to the Construction Official of the Borough
of Interlaken and at the same time to send a copy of such report to
the Borough Clerk. Whenever the term "official" is stated or implied,
the term "Zoning Officer" shall be included.
[Ord. No. 350 § 60]
a.
Continuance. Except as otherwise provided in this chapter, the lawful
use of land or building(s) existing or the date of the adoption of
this chapter may be continued although such use of land or building(s)
does not conform to the regulations specified by this chapter for
the zone in which such land or building(s) is located, provided, however:
b.
Abandonment. A nonconforming use shall be adjudged abandoned when
there occurs a cessation of any such use or activity and the owner
thereof commits any act indicating an intention to abandon such nonconforming
use.
c.
Construction Approved Prior to Chapter. Nothing herein contained
shall require any change in plans, construction or designated use
of building or premises for which a building permit or zoning permit
has been issued prior to the effective date of this chapter provided
the use or substantial construction is commenced within nine months
from the effective date of this chapter.
d.
Reversion. No nonconforming use shall, if once changed into a conforming
use, be changed back to a nonconforming use.
e.
Alterations and Extensions. A nonconforming building, or an existing
building on a nonconforming lot may be altered or repaired, but not
enlarged or extended, unless the enlargement or extension itself does
not violate any front, side or rear yard setback requirements or lot
coverage requirements.
f.
Restoration. A nonconforming use or structure or building may be
restored or repaired in the event of partial destruction thereof.
g.
Future Changes. Whenever this chapter or zoning shall be modified,
amended or supplemented, the foregoing provisions shall also apply
to any nonconforming uses, structure or building created thereby.
[Ord. No. 350 § 61]
In the interpretation and application of the provisions of this
chapter, such provisions shall be held to be minimum requirements,
adopted for promoting the health, safety and general welfare of the
Borough of Interlaken.
[Ord. No. 350 § 62]
Whenever the requirements of this chapter conflict with the
requirements of any other lawfully adopted rules, regulations, ordinances
or statutes, the most restrictive or those imposing the higher standards
shall govern.
[Ord. No. 350 § 63;
New]
[Ord. No. 350 § 64]
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause of this chapter, and to this end, the provisions of each
section, subsection, paragraph, subdivision or clause of this chapter
are hereby declared to be severable. If this chapter in its entirety
shall be adjudged to be unconstitutional, void or invalid by a court
of competent jurisdiction, then the prior Zoning Ordinance of the
Borough and its amendments shall be and remain in effect as if not
repealed herein.
[Ord. No. 350 § 65]
Except as otherwise provided in this chapter, all ordinances
or parts of ordinances inconsistent herewith are hereby repealed.
[Ord. No. 2006-10 § 2]
a.
Required Documents. Prior to issuance of a Certificate of Completeness
for any variance application, pursuant to N.J.S.A. 40:55D-10.3, the
Planning Board shall determine that the following have been submitted
in proper form:
1.
Application for zoning permit;
2.
Denial letter from Zoning Officer;
3.
Application for variance, including affidavits of ownership, concerning
truthfulness of statements in application and readiness to meet requirements
of N.J.S.A. 40:55D-70; (the requisite number of copies of the application
including associated maps and documents to be supplied by the applicant
is 14);
4.
Photographs of land and building(s) involved in application;
5.
Architectural scale drawings of proposed construction, not less than
.25"=1', preferably by a N.J. licensed architect;
6.
Current ALTA/ACSM survey by N.J. licensed surveyor, to scale, showing
existing structures and relationship of existing and proposed structure(s)
with adjoining property lines and structures;
7.
Tax Collector certification that real estate taxes have been paid;
8.
Planning Board Secretary certification that application fee and initial
escrow deposit have been paid; and
9.
List of property owners within 200 feet of applicant's property,
certified by Borough official.
