This chapter may be amended from time to time by the governing
body after appropriate referrals, notices, hearings and other requirements
of law.
A.
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter. No construction permit shall be issued
until approval is obtained from the Zoning Officer, and no structure
or lot shall be used in violation of this chapter. It shall be the
duty of the Zoning Officer to keep a record of all approvals and rejections,
which date shall form a part of the Township public records.
B.
It shall be the duty of the Zoning Officer and/or Code Enforcement
Officer to inspect the structures and land in the Township. When any
violation of this chapter shall be found by the Zoning Officer and/or
Code Enforcement Officer or when any purported violation shall be
brought to their attention, the Zoning Officer and/or Code Enforcement
Officer shall make an investigation. In the event that the officer
determines that a violation of this chapter exists, the Zoning Officer
and/or Code Enforcement Officer shall serve written notice of the
violation by registered mail or personal service upon the owner. In
the event that the owner shall fail to abate the violation within
10 days of the service of such notice, the Zoning Officer and/or Code
Enforcement Officer shall file a complaint in the appropriate court
of jurisdiction and furnish a copy of the report to the Township Committee.
A.
ZONING PERMIT
(1)
(2)
(3)
Definition.
A document signed by the Zoning Officer:
Which is required as a condition precedent to the commencement
of a use or a change of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
Which acknowledges that such use, structure or building complies
with the provisions of this chapter or a variance therefrom duly authorized
by a municipal agency; and
Which certifies the nonconforming use status of a use or structure.
B.
Zoning permit required. A zoning permit is required before:
(1)
Creation, construction excavation, erection, change, conversion,
enlargement, use or allowance of a use of any building, structure,
land or part thereof.
(2)
Changing or allowing a change of use of any building, structure,
land or part thereof.
(3)
Issuance of any building permit, temporary certificate of occupancy
or certificate of occupancy.
C.
Application. Application for zoning permit shall be:
(1)
In writing;
(2)
Submitted to the Zoning Officer;
(3)
Signed by the owner of record of the land and by the applicant
for the permit;
(4)
Made on forms provided by the Zoning Officer; and
(5)
Accompanied by a survey, drawn to scale, with dimensions showing
the exact size, shape, and location of all existing and proposed buildings
and structures, the proposed building or structure in its exact relation
to lot and street lines, and such additional information as may be
required by the Zoning Officer to allow him/her to determine if a
zoning permit should be issued. The Zoning Officer may waive the survey
requirement on minor applications not affecting structural change.
D.
Issuance and display of permits.
(1)
The Zoning Officer shall act on all applications for zoning
permits within 10 business days after receipt of a fully completed
application and shall notify the applicant, in writing, of his/her
issuance or denial of the application.
(2)
If the Zoning Officer denies an application for a zoning permit,
a written statement of the reasons for denial shall be supplied to
the applicant within 10 business days after receipt of a fully completed
application.
(3)
Failure to notify the applicant in case of such refusal within
10 business days shall entitle the applicant for a zoning permit to
file an appeal to the Zoning Board of Adjustment as in the case of
a denial. Notification shall be deemed made as of the date it is placed
in the mail, not the date when it is received by the applicant.
(4)
Denial of a zoning permit by the Zoning Officer may be appealed
to the Zoning Board of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75
shall apply to such appeals to the Zoning Board of Adjustment.
(5)
All zoning permits shall be issued in triplicate, and one copy
shall be posted conspicuously on the premises affected whenever construction
work is being performed thereon. No owner, contractor, workman, or
other person shall perform any building operations of any kind unless
the zoning permit covering such operation has been previously issued.
Furthermore, no building operations of any kind shall be performed
after notification of revocation of said zoning permit.
E.
Records. A record shall be kept of all zoning permits issued and
denied, and the original applications therefor shall be kept on file
in the same manner as applications for building permits.
F.
Effect of zoning permits.
(1)
The zoning permit for a premises (to be designated by tax block
and lot numbers) shall show that every building or premises or part
thereof and the proposed use thereof are in conformity with the provisions
of this chapter or in conformity with the provisions of a variance
granted according to law or are a valid nonconforming use and/or structure.
(2)
A zoning permit, unless revoked, shall continue in effect so
long as there is no change of use of the premises.
H.
Revocation of zoning permit. If it shall appear at any time to the
Zoning Officer that an application for a zoning permit or accompanying
plans are in any material respect false or misleading, or that the
work done upon the premises is materially different from that called
for in the application previously filed with him/her or may be in
violation of any provision of this chapter, or the conditions imposed
either by the Planning Board or Zoning Board of Adjustment in conjunction
with approvals issued by it are not being met within the time or in
the manner required by the approving authority, he/she may forthwith
revoke the zoning permit.
I.
Nonconforming uses and structures.
(1)
Upon written request, the owner, tenant, occupant, prospective
purchaser, prospective mortgagee or any other person interested in
any land upon which a nonconforming use or structure exists may apply,
in writing, for the issuance of a zoning permit certifying the legality
of the use or structure existing before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof.
(2)
An application pursuant hereto may be made to the Zoning Officer
within one year of the adoption of the ordinance which rendered the
use or structure nonconforming.
(3)
An application pursuant hereto may be made at any time to the
Zoning Board of Adjustment.
(4)
Denial by the Zoning Officer may be appealed to the Zoning Board
of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications
or appeals to the Zoning Board of Adjustment. Hearings before the
Zoning Board of Adjustment shall require proper legal notice as provided
for by N.J.S.A. 40:55D-12.
(5)
Any zoning permit issued shall certify the extent and kind of
use/structure and shall specify the nonconformity in detail.
J.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for a zoning permit shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application.
A.
It shall be unlawful to use, change the use of, or permit the change
of use of any building, structure or premises or part thereof thereafter
created, located, constructed, excavated, erected, changed, converted
or enlarged, wholly or partly, until a zoning permit has been issued
for that premises certifying that the structure or use complies with
the provisions of this chapter.
B.
A new zoning permit shall be required for any change in use. No zoning
permit shall be issued until all prior approvals, including those
required by all other municipal ordinance regulations, have been received
by the applicant.
C.
It shall be the duty of the Zoning Officer and/or the Code Enforcement
Officer to administer and enforce the provisions of this chapter.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days, or by community service of not more than 90 days, or any
combination of fine, imprisonment and community service, as determined
by the Municipal Court Judge. The continuation of such violation for
each successive day shall constitute a separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
C.
The owner of any building or structure, lot or land or part thereof
and/or the tenant or occupant of any building or structure, lot or
land or part thereof where anything in violation of this chapter shall
be placed or shall exist or be suffered, allowed or permitted to exist,
and any architect, builder, developer, contractor, agent, person or
corporation engaged in connection therewith and who assists in the
commission of any such violation, shall each be guilty of a separate
violation and, upon conviction thereof, shall each be liable to the
fine, imprisonment and/or community service specified above.
D.
Nothing contained herein shall be construed to restrict the right
of the Township of Middle to take action in any court of competent
jurisdiction with regard to any violation of this chapter.
