[Added 12-15-2020 by Ord. No. 1820]
The purpose of this article is to provide for a process of property
inspection and certification whereby, compliance with the provisions
of the City of North Wildwood's Land Development Ordinance can be
ascertained at the time of conveyance of ownership interests therein.
Such a process will serve to assist the City's Tax Assessor in maintaining
accurate property records, and the Zoning Official in ensuring that
permitted and/or approved uses and structures have not been illegally
converted to a prohibited use or structure without the necessary approvals
from the City of North Wildwood Planning Board.
A.
No person or entity having an ownership interest in real property
shall sell or transfer any ownership interest of any description whatsoever,
whether fee simple or otherwise, in that real property until they
have first obtained a certificate of zoning use compliance from the
Zoning Officer of the City of North Wildwood certifying:
(1)
The current use of the property is a permitted use and is in compliance
with the provisions of the City of North Wildwood's Land Development
Ordinance; specifically, the provisions associated with the zoning
district in which the real property is located, or that the property
is a preexisting, nonconforming use in the zoning district in which
it is located and said use is permitted to be maintained.
(2)
The number and designation of the unit(s) or structure(s) covered
by the certificate.
(3)
The structure, part of the structure, or unit in the structure or
lot is in compliance with the provisions of the Land Development Ordinance;
specifically, the provisions that set forth the permitted uses and
structures for the zoning district in question.
B.
All applications for certificates of zoning use compliance shall
be signed by the owner of record and shall identify, under oath, all
existing permitted or preexisting, nonconforming uses of the property
and/or all permitted or preexisting, nonconforming structures that
have been developed upon the property for which a certificate is requested.
A.
A certificate of zoning use compliance shall not be required for
the transfer of an ownership interest to new construction, provided
that the original certificate of occupancy issued for said structure
was issued within the 12 months next preceding the transfer of the
ownership interest.
B.
A certificate of zoning use compliance shall not be required in the
event a transfer an ownership interest in property is between members
of a single family, a transfer of an ownership interest in property
occurs as a result of a judgment of the Superior Court of New Jersey,
or a transfer of an ownership interest in property is made for the
purposes of estate planning, provided the consideration associated
with said transfers does not exceed $1,000.
A.
When issuance of a certificate of zoning use compliance is required
by the provisions of this article, no person or entity shall accept
or permit the transfer of an ownership interest in property nor occupy,
or permit the occupancy of, any structure, portions of a structure,
or unit therein, without receiving from the transferor or from the
Zoning Officer of the City of North Wildwood a certificate of zoning
use compliance.
B.
A certificate of zoning use compliance shall be issued by the Zoning
Officer of the City of North Wildwood, and/or his or her appropriate
designee. Said certificate shall be issued upon physical inspection
of the property. The Tax Assessor and/or his or her appropriate designee
may accompany any inspecting personnel for the purpose of obtaining
information for tax assessment purposes.
A.
Applications for a certificate of zoning use compliance shall be
submitted to the City of North Wildwood Zoning Officer upon forms
to be issued by the Zoning Officer. The certificate will either be
issued or rejected within 10 business days of the receipt of a complete
application and payment of the required application fee.
B.
All applications for a certificate of zoning use compliance, at a
minimum, shall contain the following information:
(1)
The name and address of the owner;
(2)
The address, including the block and lot number, of the building,
structure, or lot;
(3)
The existing and/or prior use of the property, as well as the continued
and/or proposed use of the property;
(4)
The total square footage of the lot and any structure that exist
thereon; and
(5)
The number of occupants, employees, and/or tenants, and the number
and location of all existing parking spaces.
D.
A certificate of zoning use compliance shall remain valid for a period
of 180 days from the date of issuance.
E.
No certificate of zoning use compliance shall be issued by the City
of North Wildwood Zoning Officer until Tax Collector confirms that
all taxes, assessments and other charges levied by the City against
the property are satisfied and paid in full.
A.
In the event a transfer of an ownership interest in property is made
without first obtaining a certificate of zoning use compliance when
so required by this article, there shall be a grace period of 20 days
in which a party required to obtain the certificate must obtain the
certificate before being subject to violation and/or penalties.
B.
Any person or entity convicted of a violation of the provisions of
this article, upon conviction thereof, shall be subject to one or
more of the following: a fine not exceeding $2,000, imprisonment 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 prosecution hereunder that any person
or entity charged with a violation of this article acted in the belief
that some other person, persons, organization of persons or entity
was required to obtain the required certificate of zoning use compliance.
D.
Each day the violation continues after the occurrence of the ownership
interest transfer for which the certificate of zoning use compliance
was to have been obtained shall constitute a new and separate offense.
