[HISTORY: 1968 Code Chapter 86 §§ 86-1 —
86-8 as amended through 12-28-2015. Amendments noted where applicable.]
The purpose of this chapter is to provide, through inspection and certification process, compliance with the local Zoning Ordinance, codified in Chapter 85 Land Development, and to assist the Tax Assessor in updating property record cards.
A.
No person, persons or organization of persons or other corporation,
partnership, limited liability company or entity shall sell or transfer
title to any structure, portion of structure and/or lot or unit in
a structure until they have first obtained a certificate of zoning
use compliance certifying that:
(1)
The use of the property is in compliance with the local Zoning Ordinance.
(2)
The property is a pre-existing nonconforming use in the zone it is
located but can continue to be used as same.
(3)
The number and designation of the unit(s) or structure(s) covered
by the certificate.
(4)
The structure, part of the structure or unit in the structure or
lot is in compliance with the provisions of the Zoning Ordinance of
the Borough of Wildwood Crest.
B.
All applications for certificates of zoning compliance shall be signed
by the owner and shall identify all uses of the property for which
a certificate is requested.
A.
A certificate of zoning compliance is not required for transfers
of new construction, provided that the original certificate of occupancy
was issued within 18 months of the transfer of the property.
B.
A certificate of zoning compliance is not required for inner-family
transfers or transfers as a result of a divorce or estate planning
if consideration is under $1,000 and not to a bona fide purchaser
for sale.
In the event that there is a tenant under an existing lease
at the time of a transfer of title, such tenant shall be permitted
to continue his or her occupancy; however, the transfer of title shall
not be permitted until the certificate of zoning compliance has been
obtained. The tenant shall cooperate with the landlord in connection
with any necessary alterations required to obtain the certificate.
A.
No person or entity shall accept transfer of title and occupy or
permit the occupancy of any structure, portions of a structure or
unit thereon without receiving from the transferor or from the Zoning
Officer a certificate of zoning compliance.
B.
A certificate of zoning compliance shall be issued by the Zoning
Officer and/or his or her appropriate designee to determine if the
use complies with the Zoning Ordinance of the Borough of Wildwood
Crest. Said certificate can be issued upon physical inspection of
the property, current or appropriate survey or other documentation
as may be submitted with the application for said certificate or by
the Zoning Officer and/or his designee certifying compliance in accordance
with the local Zoning Ordinance. The Tax Assessor and/or his appropriate
designee may accompany any inspecting personnel for the purpose of
obtaining information for tax assessment purposes.[1]
A certificate of zoning use compliance shall be valid for a
period of 180 days after date of issuance.
[New]
A.
In the event a transfer has been made without obtaining a zoning
use compliance certificate, there shall be a period of 20 days in
which buyer or seller must obtain the certificate before being subject
to violation and/or penalties.
B.
Any person, persons or organization of persons convicted of a violation
of the provisions of this chapter shall, upon conviction thereof,
be subject to one or more of the following: a fine not exceeding $2,000,
imprisonment in the County Jail for a term not exceeding 90 days or
a period of community service not exceeding 90 days, all of the aforesaid,
however, being in the discretion of the Judge or other officer having
jurisdiction.
C.
It shall not be a defense to a proceeding hereunder that any person
charged hereunder acted in the belief that some other person, persons
or organization of persons was to obtain the permit, it being the
expressed intention for the certificate shall be equally liable for
a violation of the provisions hereof.
D.
Each day the violation continues after the first conviction thereof
shall constitute a new and separate offense.
