A. 
Territorial application. This chapter shall apply to all structures, land and uses within the corporate limits of the City of Atlantic City, New Jersey.
B. 
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue, subject to the provisions of Part 7 of this chapter relating to nonconformities.
C. 
General prohibition. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot now or hereafter existing shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this chapter.
D. 
Utility uses; exceptions.
(1) 
The following utility uses are permitted in all districts, subject to the provisions of this chapter: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar equipment, but not including substations located on or above the surface of the ground for the distribution to consumers of telephone, cable, television or other communications, electricity, gas or water or for the collection of sewage or surface water.
(2) 
This chapter shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility pursuant to N.J.S.A. 40:55D-19, the Board of Public Utility Commissioners shall, after a hearing of which the City of Atlantic City shall have been given notice, decide that the proposed installation is reasonably necessary for the service, convenience or welfare of the public, nor shall it apply to any public utility use to the extent authorized by a decision of the Board of Public Utility Commissioners pursuant to Article XXXII of this chapter.
E. 
Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.
F. 
In addition to current filing requirements for paper applications and related submissions as established by this chapter, any appeal or application for development filed with the Department of Planning and Development shall also be filed in such electronic or digital format as may be specified by the Land Use Administrator. A waiver of this requirement shall be granted only to pro se individual applicants within the discretion of the Land Use Administrator.
[Added 10-16-2019 by Ord. No. 43-2019]
Any variance or conditional use lawfully issued prior to the effective date of this chapter, or any amendment thereof which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or conditional use which could not be so issued after such effective date shall be allowed to continue, subject to the provisions of Part 7 of this chapter dealing with lawfully existing nonconformities.
A. 
Completion of construction pursuant to approved plans. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:
(1) 
A building permit for such structure was lawfully issued prior to the effective date of this chapter or any amendment thereof.
(2) 
Such permit had not by its own terms expired prior to such effective date.
(3) 
Such permit was lawfully and properly issued in accordance with the law prior to such effective date.
(4) 
There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in good faith and justifiable reliance on such permit.
(5) 
Such change of position, expenditures or incurrence of obligations occurred prior to the time the permit holder had actual or constructive knowledge of any proposed amendment to this chapter which would upon adoption, make the issuance of such permit illegal.
(6) 
Construction pursuant to such permit is commenced prior to the expiration of such permit and within 90 days following such effective date and is thereafter diligently pursued to completion.
B. 
Occupancy as a nonconformity. Upon completion of a structure which does not comply with the regulations made applicable to it by this chapter pursuant to a preexisting building permit as authorized by Subsection A hereof, such structure may be occupied by and a certificate of occupancy shall be issued for the use designated on such permit, subject thereafter to the provisions of Part 7 of this chapter relating to nonconformities.
A. 
Applicability. This chapter and any amendment thereof to which this section is expressly made applicable shall apply to all applications pending and not yet finally decided on the effective date of this chapter. Applications pending on the date of any amendment of this chapter to which this section is not expressly made applicable by the terms of the ordinance adopting such amendment shall be decided in accordance with the law in effect on the date such application was filed.
B. 
Duty of City officials. Within 20 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable, any City official, department, bureau, agency, board or commission then having pending before it any application to which this chapter or such amendment of it applies shall transmit a copy of such application to the Land Use Administrator.
C. 
Duty of Land Use Administrator. Within 30 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable or such shorter time as may be necessary to comply with time limits for processing applications imposed by other provisions of this chapter, the Land Use Administrator shall inform each applicant named on each application referred to him pursuant to Subsection B of this section that his application is subject to the provisions of this chapter, as amended, and will be processed in accordance therewith; that the applicant may, within 30 days following the mailing of such notice, refile, without fee, his application on the basis of this chapter, as amended; and that if he does not so refile, his application may be denied for noncompliance with the provisions of this chapter, as amended.
D. 
Duty of applicant. Notwithstanding the foregoing provisions, it shall be the responsibility of each applicant having an application pending on the effective date of this chapter or any amendment thereof to which this section is expressly made applicable to modify such application in accordance with the terms and provisions of this chapter, as amended, and the failure to do so may result in denial of such application for failure to comply with this chapter, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this chapter, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee. Such refiling shall start anew any time limits imposed by this chapter on the processing of such application.
E. 
Processing. Upon the refiling of any pending application as herein provided or upon notification from the applicant that he will not refile or modify his application or in accordance with the time limits otherwise applicable to the processing of such application, whichever occurs first, such pending application shall be processed in accordance with the terms of this chapter, as amended.
A. 
Notwithstanding any other provisions of this chapter, the authority of the Land Use Administrator, Planning Board, Board of Adjustment and City Council to regulate development is hereby authorized to continue pursuant to this chapter.
B. 
Members of the Planning Board and Board of Adjustment, on the effective date of this chapter, shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to said Boards shall be governed by the provisions of this chapter.
The several provisions and sections of this chapter shall be separable in accordance with the following rules:
A. 
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this act shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this act and, to this end, the provisions of each article, section, paragraph, subdivision or clause of this act are hereby declared to be severable.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure.
[Amended 11-25-2008 by Ord. No. 104-2008]
A. 
Civil and administrative enforcement. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure or land is used; or any work is done in violation of this chapter, the City and its designated agents or any interested party may, in addition to other remedies:
(1) 
Institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former § 163-9A(2), regarding invalidation of agreements, was repealed 6-15-1988 by Ord. No. 1-1988.
(3) 
Revoke any permit or approval issued or granted pursuant to this chapter without regard to whether work has begun or a use has been commenced pursuant to such permit or approval.
B. 
Violations and penalties. In addition to the civil remedies provided herein, any person violating the provisions of this chapter shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days in the county jail or in any place provided by the City of Atlantic City for the detention of prisoners, or both. Each separate provision of this chapter violated and each day on which any such violation continues shall be considered a separate offense. The Municipal Judge before whom any such person may be convicted of violating any provision of this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.