1. Permitted; or
2. That it exists as a nonconforming use and/or nonconforming structure; or
3. That it is permitted by the terms of a variance granted.
 

B. After the filing of a complete application for a zoning permit, the Zoning Officer shall determine whether the proposed use is permitted or not and whether a development application is required to be submitted to the Planning Board or Zoning Board of Adjustment.

C. A zoning permit application for a use not specifically listed as permitted in a particular zone district shall be denied unless a use variance has been granted by the Zoning Board. The Zoning Officer shall specify in writing what sections of the ordinance are involved and what approvals and/or variances would be required before a zoning permit could be issued.

D. Permit Required. The issuance of a zoning permit shall be required prior to the commencement of:

1. Any use, change of use or extension of a nonconforming use of lands and premises;
2. The construction, reconstruction, alteration, or installation of a structure or building, or any part thereof;
3. The removal or destruction of any building or structure;
4. Any and all changes to structures and properties in the Historic Village District; or
5. ADA-compliant accessibility improvements (see zoning permit exemptions).

E. Permit Not Required. A zoning permit shall not be required for internal or external repairs or replacement of exterior features, including:

1. Siding installation, replacement, or repair;
2. Roofing replacement or repair;
3. Window replacement or repair;
4. Door replacement or repair;
5. Step replacement or repair;
6. Septic system repair;
7. Service upgrades, replacement or repair of meter sockets, and panels; or
8. Internal renovation where the building use remains unchanged, not including new offices and apartments, in-law suites, finished basements, and similar uses.

F. Exemptions for ADA Accessibility.

1. No zoning permit fee shall be required for the construction, reconstruction, alteration, improvement or repair of a structure used for the sole purpose of promoting accessibility by the disabled as defined under N.J.S.A. 52:27D-126e.

2. Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement and/or repair or installation of ramps, lifts, etc., associated with the accessibility of disabled persons may be permitted to infringe upon setback requirements as allowed in § DR-604E.1.

G. Prior Approval for Construction Permit. The issuance of a zoning permit shall be required prior to the issuance of a construction permit by the Construction Code Official for the construction, alteration, remodeling, removal or destruction of any building, structure or portion thereof.

H. Relationship to Construction Permits. Nothing herein shall be construed to obviate the requirement for applying for and obtaining any required construction permit.

I. Application for Zoning Permit.

1. Applications for a zoning permit shall be on the forms provided by the Township and submitted to the Zoning Officer together with the required fee (SECTION 900: Fees, Guarantees, Inspections and Off-Tract Improvements).

2. Applications shall contain a statement by the applicant of all existing and proposed uses of the lot and premises and such other information as may be requested by the Zoning Officer reasonably necessary for said official to ascertain whether the proposed use, change of use, construction or alteration complies with the provisions of this ordinance.

3. The applicant shall certify as to the truth of the information submitted in the application and accompanying documents. Any willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein (§ 1004: Penalties).

4. Applications shall be submitted to the Zoning Officer in triplicate. Upon receipt, the Zoning Officer shall date each copy and provide two copies to the applicant, one of which the applicant shall provide to the Construction Official.

5. An application for a zoning permit shall be granted or denied by the Zoning Officer within 10 business days of the date of filing a complete application.

J. Issuance of a Zoning Permit.

1. If any application is granted or approved, a written permit shall be issued by the Zoning Officer. The zoning permit may contain applicable information, such as but not limited to the following:

a. Application number.
b. Permit number.
c. Issue date.
d. Zoning Officer signature.
e. Block and lot number.
f. Zone (and applicable ordinance sections).
g. Work site address.
h. Owner name, address and contact details.
i. A brief description of the use and/or work to be commenced or performed.
j. Notice of the date of expiration of the permit.

2. If an application for permit is rejected or denied by the Zoning Officer, the Zoning Officer shall state the reason(s) for such denial in writing. Copies of the letter rejecting or denying the application shall be provided to the applicant and appropriate municipal supervisor.

3. No zoning permit shall be issued in instances wherein a subdivision or site plan approval is required unless and until the applicant has secured a minor, final subdivision or site plan approval and has complied with all the terms and conditions of such approval and terms and provisions of the applicable development regulation, including payment of required fees, escrow deposits and posting of performance guarantees.

4. No zoning permit shall be issued for any use, change of use, extension of nonconforming use, erection, repair, remodeling, conversion, removal, destruction, replacement, relocation, construction, alteration or moving of a building or structure for which an approval has been granted by an approving authority if said approval has expired, been revoked or was determined to be invalid.

5. No zoning permit shall be issued unless the applicant has obtained and submitted a certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made. However, a zoning permit may issue for a tenant change-in-use as a one-time exemption. Such exemption may only be granted to the landlord/property owner on a one-time basis.

 

K. Expiration of Zoning Permit. Any zoning permit shall be null and void unless use or work authorized by such permit has been commenced within one year from the date of issuance and proceeded with due diligence. The zoning permit shall also expire upon expiration of any variance for said use.

L. Nonwaiver. In no case shall the issuance or nonissuance of a zoning permit be construed as a waiver of the provision of this ordinance or any other municipal ordinance; nor shall such be construed as a waiver of the terms or provisions of any state statute, rule, regulation, approval or decision of any approving agency.