A. 
Applicability. A zoning permit shall be required to be approved by the Zoning Officer prior to the commencement of any of the following:
(1) 
The use or additional use or expansion of use of any land, structure or building, whether improved or unimproved, for any purpose.
(2) 
The erection, construction, reconstruction, alteration, conversion or installation of any structure or building, including signs and fences.
(3) 
The occupancy or use or the change of occupancy or use of any land, structure or building.
B. 
Denial. If a zoning permit is denied by the Zoning Officer, an applicant may do one of the following:
(1) 
Modify the proposed use or development so that it complies with all applicable provisions of this Part 2, if possible, and reapply for zoning permit approval.
(2) 
File the appropriate application for interpretation, appeal, development and/or relief, pursuant to Subsection D.
(3) 
Take no action towards the commencement of the proposed use or development.
C. 
Exemptions.
(1) 
All applications which involve a change in tenancy, but not a change in use, as herein defined, and/or minor alterations to the site or to one or more of the building elevations shall not be required to obtain site plan approval. The Zoning Officer shall issue a zoning permit. If the Zoning Officer desires further consultation, the Borough Planner and/or Borough Engineer may be consulted to verify and confirm that no variances are required and that the signage, site improvements and/or facade changes conform to applicable Borough standards.
[Amended 9-12-2018 by Ord. No. 2018-14; 7-10-2019 by Ord. No. 2019-08]
(a) 
A change of use from one permitted commercial use to another permitted commercial use in the B-D Boulevard Downtown Zone shall be exempt from site plan approval, provided that the gross square footage of the proposed establishment is equal to or less than 1,200 square feet and that all required parking is provided. Restaurants are not eligible for this exemption.
[Added 9-12-2018 by Ord. No. 2018-15]
(2) 
An applicant may request an exemption upon application for a zoning permit by submitting a statement setting forth reasons for the exemption and providing sufficient plan information for the Zoning Officer to verify that the exemptions can be granted.
(3) 
The applicant shall pay a fee for the exemption review in an amount established by ordinance from time to time.
D. 
Application for development filing procedure.
(1) 
Submission. The applicant shall submit to the Board Secretary the specified number of copies of the following items:
(a) 
Five copies of the completed application for development form, development plans and other documents related to the application.
(b) 
Five copies of the applicable completed application checklist.
(c) 
Five copies of any requests for waivers.
(d) 
A check payable to the Borough of Kenilworth for the appropriate application fee.
(2) 
Administrative review. Upon submission of an application for development in compliance with Subsection D(1), the Secretary shall forward one copy of all submitted items to the administrative officer, who shall act as the duly constituted administrative officer in reviewing the application for compliance and appropriate action.
A. 
Authority of Board. The provisions of this Part 2 shall be administered by the Borough Planning Board in accordance with N.J.S.A. 40:55D-1 et seq.
B. 
Scope of regulations. These rules, regulations and standards established by this Part 2 shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough.
C. 
Matters to be considered by Board. Any action taken by the Board under the terms of this Part 2 shall give primary consideration to the matters mentioned above and to the welfare of the entire community.
D. 
Exceptions. If the developer can clearly demonstrate that, because of peculiar conditions pertaining to his/her land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Board may permit such exception as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Part 2 and N.J.S.A. 40:55D-51.
Pursuant to N.J.S.A. 40:55D-55, no person, as owner or agent, shall transfer, sell or agree to sell, except pursuant to an agreement expressly conditioned upon final subdivision approval, any land which forms a part of a subdivision on which the Planning Board is required to act before final approval has been obtained.