[1988 Code § 150-32; N.J.S.A. 40:55D-18; Ord. No. 2014-14; Ord.
No. 2015-02; Ord. No. 2015-11]
a. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BOROUGH
Shall mean the Borough of Cape May Point.
ZONING OFFICER
Shall mean an official of the Borough of Cape May Point appointed
by resolution of the Borough Commissioners, whose duty shall be the
issuance of zoning permits and the inspection of structures and properties
to determine compliance with all the zoning ordinances of the Borough.
ZONING PERMIT
Shall mean a document issued by the Zoning Officer of the
Borough, which acknowledges that any use, structure or building complies
with the provisions of the Borough Zoning Ordinance(s) or variance(s)
therefrom authorized by the Borough Planning Board or Zoning Board
of Adjustment.
b. Establishment of Requirement for Zoning Permit.
1. Prior to the issuance of any building permit for the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building or commencement of a use, the owner or occupant thereof
shall first obtain a zoning permit from the Zoning Officer.
2. Application for a zoning permit may be made at any time prior to
or contemporaneous with the application for a building permit. Proposed
changes in structure from plans as approved by the Zoning Officer
during construction will also be referred to the Zoning Officer for
approval of said changes prior to construction.
3. No such zoning permit shall be issued unless, prior thereto, the
following fees have been paid in regard to the following zoning permit
applications:
(a)
New dwellings, building additions of more than 200 square feet:
$200 per application.
(b)
Building additions under 200 square feet and new accessory buildings
over 200 square feet: one hundred ($100.00) dollars per application.
(c)
New accessory buildings under 200 square feet, fences, satellite
antennas, alterations and all other construction: $50 per application.
(d)
Each subsequent revision: $100 per application.
(e)
Landscaping: $150 per application.
c. Appointment of Zoning Officer and Duties. The Borough Commissioners
shall designate, by resolution, a Zoning Officer, who shall be responsible
for reviewing all applications for development and issuing zoning
permits and inspecting structures and properties to determine compliance
with all of the zoning ordinances of the Borough. If the Zoning Officer
determines that an application for development does not comply with
the zoning ordinances of the Borough, then he shall deny the application
for a zoning permit and state his reasons therefor to the applicant.
No zoning permit or building permit shall issue until the applicant
demonstrates compliance with all of the zoning ordinances of the Borough
or obtains a variance from the Zoning Board of Adjustment of the Borough.
d. Contents of Application for Zoning Permit. The application for a
zoning permit shall be on such forms as provided by the Zoning Officer.
The application shall include the name and address of the owner of
the real estate, the tax lot and block numbers of the real estate
and the zone in which the real estate is located. The permit shall
be accompanied by a set of architectural plans or, in the case of
an accessory structure, a drawing to scale showing the structure or
building to be constructed or used, including overhangs, porches,
decks, bay windows, fireplaces, stairs and all other projections from
the side walls of the building or structure. The application shall
also be accompanied by a location survey prepared by a licensed surveyor,
which shall show the proposed location of the building or structure
on the lot, the location of all existing structures on the lot and
the location of all structures or projections thereon on adjacent
lots which are within 10 feet of any projection of the structure for
which the application is being sought.
e. Issuance of Zoning Permit. All applications for a zoning permit shall
be submitted to the Zoning Officer or to the Construction Code Official.
The Zoning Officer shall review all applications for completeness.
No application shall be acted upon until it is complete in accordance
with paragraph d hereof. The time within which the application shall
be approved or denied shall not begin until the application is complete.
The Zoning Officer shall have 10 days within which he must notify
the applicant that his application is incomplete and what is needed
for the application to be made complete. Otherwise the application
shall be deemed complete. The Zoning Officer shall communicate the
contents of any denial to both the applicant and the Construction
Code Official. The application for the zoning permit and the findings
of the Zoning Officer shall remain in the office of the Construction
Code Official and shall be a public record. Zoning permits are valid
for a period of 360 days from the date of issuance and may contain
conditions, including the demolition of existing structures on a property
prior to commencement of construction. However, the Zoning Officer
shall have discretion to grant such additional extensions as he sees
fit which cumulatively shall not exceed an additional 360 day period.
f. Whenever an owner or group of owners own contiguous lots, no transfer
of less than all of said contiguous lots or relocation of buildings
shall be permitted without obtaining a permit from the Zoning Officer.
Each applicant shall apply to the Zoning Officer with an accurate
survey or plot plan, showing the dimensions of all lots involved and
the location, including distances from all lines of all improvements
situated thereon. Said permit shall only be issued in the situation
where the transfer of the contiguous lots, a portion of those lots
or the relocation creates no nonconformity with zoning ordinances
of the Borough of Cape May Point either with reference to the lots
transferred, the lots retained or the lots to which the building is
relocated. In the event that a nonconformity should be disclosed during
the course of the application to obtain the necessary permit, the
property owner may seek relief by way of application to the appropriate
Board.
[1988 Code § 150-35; Ord. No. 502-05]
As provided by law, the regulations, limitations and restrictions
established by this chapter may be amended, changed, modified or repealed,
and the boundaries of the zones herein established may be changed,
by ordinance adopted by the Commissioners of the Borough of Cape May
Point, in the manner prescribed by law, and such general power of
amendment, change or modification and repeal is hereby expressly reserved
to the Commissioners of the Borough of Cape May Point.
See attachment Zoning Map
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