ORDINANCE 43-2005

""Change of Use" Any use which differs from the previous use of a structure or land by way of function, operation, extent, or products sold, handled, or manufactured and the like, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in activity which changes, alters, or enlarges the previous use or structure or which will change, alter, enlarge, or affect drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar consideration."

"Section 195-16.1 Zoning Permit Required for Change of Use, Change of Occupancy, or Change of Ownership:

A. Issuance of Zoning Permit. No property or building subject to a Change of Use, change in occupancy, or change in ownership, in whole or in part, shall be occupied or used for any purpose, and no certificate of occupancy, building permit, demolition permit, or similar permit shall be issued and no site improvements, including excavation or construction or public or private improvements shall be commenced, until the Zoning Officer of the Borough of Madison has issued a Zoning Permit for such property. If (i) the subject property complies with all provisions of the Borough Code, (ii) all matters incorporated by the Borough Engineer, any lawful prior orders issued under the authority of the construction, property maintenance, fire prevention and health codes are properly abated, (iii) all prior conditions established by site plan, subdivision, or variance approvals are satisfied, and (iv) the subject property is not subject to site plan approval as set forth below, the Zoning Officer shall issue the Zoning Permit within 10 business days of receiving a complete application and evidence that all taxes have been paid on the subject property. Otherwise, the Zoning Officer shall deny the application within the 10 day period, citing the reason or reasons for such denial.

B. Zoning Permit Subject to Site Plan Approval. If site plan approval is required pursuant to Section 195-20(b)(2), as determined by the Zoning Officer, no Zoning Permit shall be issued until a site plan for the subject site is approved by the Planning Board. The Zoning Officer may refer the question of whether site plan approval is required to the Technical Coordinating Committee for review and recommendation. If the Zoning Officer determines that site plan approval is required, the Planning Board may waive the requirement for site plan approval if the Board determines that the Change in Use, occupancy of ownership will have no adverse effect on drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations.

C. Exemptions.

(i) Changes in the Use, ownership, or occupancy of a residential building, or a residential portion only of a mixed-use building, shall be exempt from the requirements of this Section.

(ii) Any change of ownership which is exempt from the payment of the realty transfer fee imposed under New Jersey Public Law 1968, c. 49, as amended, by reason of a deed (a) for a consideration of less than $100; (b) which confirms or corrects a deed previously recorded; (c) between husband and wife, parent and child; (d) by an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent’s estate in accordance with the provisions of the decedent’s will or the intestate laws of the State of New Jersey; or (e) recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee, shall be exempt from the requirements of this Section.

 

D. Fees. The fee for a Zoning Permit is more particularly set forth in Section 195-12. Application forms are available from the Borough Clerk or Zoning Officer.

E. Violations. Failure of an owner, agent or occupant to comply with this ordinance may result in the issuance of administrative penalties and violations. Each violation of this ordinance shall constitute a separate offence and a summons may be issued for each and every day that a Zoning Permit is not obtained. Each separate offense may result in a summons being issued with a maximum daily penalty of $500 per instance. Repeat offenders will be assessed an additional penalty of $250 per day.

F. Zoning Officer. Any reference to Zoning Officer set forth in this Ordinance shall be deemed to include any designee of the Zoning Officer.