In interpreting and applying the provisions of this chapter, they shall be deemed the minimum requirements for the proportion of the purposes stated in Article I of this chapter.
A.
The provisions of this chapter shall be enforced by
the Zoning Officer, who shall be responsible for all records under
this chapter. The Zoning Officer shall be appointed annually at the
reorganization meeting of the governing body and shall serve for a
term of one year or until the succeeding reorganization meeting or
until such time as his successor is appointed and qualified. Appointment
of the Zoning Officer shall be by the Mayor with the consent of the
Council in accordance with the terms of N.J.S.A. 40:87-16.
B.
The Zoning Officer shall keep a record of all applications
for permits and of all permits issued or refused, with a notation
of special conditions, if any, attached to such issuance. He shall
file and keep safely copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the Mayor and Council and of other authorized officials
of the Borough.
C.
The Zoning Officer shall not issue a permit for the
construction or alteration of any building or structure unless the
proposed construction or alteration conforms to all the requirements
of this chapter or unless such issuance is authorized by the Planning
Board pursuant to the provisions of this chapter.
[Amended 5-5-2014 by Ord. No. 2014-2]
D.
Solely for the purpose of taking an appeal to the Board of Adjustment, as hereinafter provided, an application shall be made to the Zoning Officer for an exception or variance from the requirements of this chapter, as specified in Chapter 37, Land Use Procedures.
E.
Zoning permit.
[Added 12-5-2016 by Ord.
No. 2016-11]
(1)
A zoning permit shall be required as a condition precedent to
the commencement of a use except one- or two-family uses, or change
of use, or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, excluding one-
and two-family dwellings and fences and sheds. As used herein, "change
of use" shall be deemed to include any change in the utilization of
a building or lot or part thereof where the resulting use is subject
to bulk, dimensional, special or other zoning regulations which are
different than those impressed upon the prior use.
(2)
A zoning permit shall be issued by the Zoning Officer when all
requirements of the Zoning Ordinance have been met. After a change
of use has been made on a lot or in a building or structure, a zoning
permit shall be required and no certificate of occupancy shall be
issued without the required zoning permit.
(3)
A written application for a zoning permit shall be filed with
the Zoning Officer by the owner or his agent. The application shall
include the following:
(a)
The name and address of the owner or his agent.
(b)
The location of the building, structure or lot.
(c)
The existing or last prior and proposed uses of the building
or property.
(d)
The number of occupants or employees, maximum number of parking
spaces available, number of tenants (if the building is to be multitenanted)
and the total square footage of the building or lot, if there is no
building.
(4)
When a building, structure or lot is entitled to a zoning permit,
the Zoning Officer shall cause it to be issued within 10 days after
written application therefor. A zoning permit shall certify the purpose
for which the building, structure or lot may be used. It shall specify
the permitted use category, the date of issuance and any special stipulations
and conditions of the permit, including whether the permittee shall
be required to purchase parking passes from the Borough of Leonia
based upon the number of employees intended to occupy the building,
structure or lot. The Zoning Officer shall affix his signature thereto
and shall certify that such use, structure or building complies with
the provisions of the Zoning Ordinance or any variance therefrom duly
authorized by a municipal approving authority.
(5)
Should the Zoning Officer be in doubt as to the propriety of
issuing any permit in the particular case, he shall refer the matter
to the Planning Board for interpretation and decision.
(6)
The Zoning Officer may revoke a zoning permit whenever a condition
of the permit has been violated.
(7)
A zoning permit shall always be subject to the following conditions:
(a)
That the use, building or structure to which it relates meets
the conditions of all building permits, approved drawings and any
prior approvals granted by the Borough.
(b)
That all required fees have been paid in full.
(c)
That all necessary inspections have been completed and that
the completed project meets the requirements of the site plan review.
(d)
That all violations have been corrected and that any assessed
penalties have been paid.
A.
An application for a building permit, to be issued
pursuant to the Building Code of the Borough of Leonia, with all amendments
thereto, or any subsequent building code, shall be in writing and
shall contain all data necessary to determine the application of this
chapter as well as of the Building Code, including especially the
intended use of the building or structure.
[Amended 9-6-1983 by Ord. No. 970; 12-7-1987 by Ord. No.
1062; 10-16-1989 by Ord. No. 1092; 9-9-2020 by Ord. No. 2020-06]
A.
A certificate of occupancy shall be required in all cases involving
the erection or alteration of any building or structure, the use or
change in use of any building, structure or dwelling unit, or the
use of any land or the change of tenancy or ownership of a building,
structure or dwelling unit.
B.
Application for and issuance of a certificate of occupancy shall
be pursuant to the terms and provisions of the Building Code of the
Borough of Leonia, with all amendments thereto.
Whenever and wherever the regulations, restrictions
and provisions of this chapter are greater or more extensive than
those required or imposed by another statute, regulation, ordinance
or private deed restriction, the terms of this chapter shall govern.
Whenever the regulations, restrictions and provisions of any other
statute, regulation or ordinance are greater or more extensive than
the regulations, restrictions and provisions of this chapter, the
terms of such other statute, regulation or ordinance shall govern.