Zoning Permits shall hereafter be secured from the Zoning Officer prior to:

a. Filing of (or recording a deed of) or resubdivision of any land; a subdivision application for and/or

b. Application for and/or issuance of any Building Permit for the erection, construction, addition, conversion, of any building or structure.

c. Application for and/or issuance of any permit for a new or expanded or relocated sign;

d. Any use of any portion of any parcel of land for any activity regulated by this Ordinance;

e. The construction of any site improvement either above or below ground; or extension or improvement of a public street not part of a site plan or subdivision. Construction standards contained in Section 25-1700.34 of this Ordinance shall apply to such extensions.

f. Application for and/or issuance of any Certificate of Occupancy.

g. Any use, disturbance or alteration of the natural (existing) condition of a lot(s), specifically including filling and/or regrading, where said use, disturbance or alteration results in a change in grade in excess of six inches (6").

Adherence to the provisions pertaining to finished grades (subsection 25-300.8.1) and lot grading (subsection 25-1700.8.9) shall be required as applicable. (Ord. #99-20, §6; Ord. #02-36, §11; Ord. #04-13, §7)

Prior to issuance of a Zoning Permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:

a. Access Permit from the New Jersey Department of Transportation and/or Cape May County Engineering Department.

b. Drainage Permits from the New Jersey Department of Transportation.

c. Coastal Area Facilities Review Act (C.A.F.R.A.) Permit from the New Jersey Department of Environmental Protection.

d. Wetlands Permit from the New Jersey Department of Environmental Protection.

e. Waterfront Development Permit from the New Jersey Department of Environmental Protection.

f. Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.

g. Sewerage and/or Industrial Waste Treatment Permit from the New Jersey Department of Environmental Protection.

h. Land Disturbance Permit from the Cape Atlantic Soil Conservation District. (Ord. #99-20, §6)

Prior to the issuance of a Zoning Permit, the applicant shall have secured all approvals required by this Ordinance and shall have met any and all conditions of any Municipal Agency approval. (Ord. #99-20, §6)

No building or structure shall be erected; restored, added to, or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code.

a. In projects involving the construction or structural change of .any roof above one (1) story level the developer shall, prior to the sheathing of said roof, submit certification from a licensed surveyor of the State of New Jersey demonstrating compliance with the applicable height limitations, side yard setbacks, rear yard setbacks, front yard setbacks and total building coverage as set forth by this Ordinance, or any modification of the limitation by a variance granted by the Ocean City Zoning Board of Adjustment or Ocean City Planning Board. In the event that the certification demonstrates noncompliance with the applicable height limitations, side yard setbacks, rear yard setbacks, front yard setbacks and total building coverage of this Ordinance, the developer shall, prior to any further construction or development on the site, take any and all actions necessary to comply with the appropriate provisions of this Ordinance or in the alternative acquire an appropriate variance. No further development on the site shall be permitted until such compliance occurs or a variance is obtained.

b. Prior to the issuance of any Certificate of Occupancy or prior to the actual occupancy of any building, the owner of the building or agent designated or appointed by the owner shall submit to the Zoning Officer a certification prepared by a licensed surveyor of the State of New Jersey demonstrating compliance with the applicable side yard setbacks, rear yard setbacks, front yard setbacks, building height, building coverage, impervious surface coverage, off-street parking, driveways, landscaping, half- story dimensions and calculations, front step/landing elevation, and such other information as may be required by the Zoning Officer to verify zoning compliance. Upon receipt of said certification, the Zoning Officer shall review the information and, if it is determined by the Zoning Officer that the proposed structure meets the use requirements and all applicable bulk requirements, he shall issue a final Zoning Permit to the Construction Official. The Construction Official shall not issue a Certificate of Occupancy unless and until the Zoning Officer has issued the final Zoning Permit.

In the event the Zoning Officer determines that the project does not conform to the use, bulk standards or other applicable provisions of the zoning regulations and/or conditions as may have been approved by either the Planning Board or Board of Adjustment, he/she shall immediately send written notification to the applicant/owner of the findings and deviations. (Ord. #02-36, § 11)

In the event that the Zoning Officer determines that the side yard setbacks, rear yard setbacks, front yard setbacks or height of the constructed building does not comply with the applicable zoning laws and regulations of Ocean City, he shall notify the owner of the building and shall not issue any Certificate of Occupancy until compliance with appropriate zoning laws is met. (Ord. #89-8, §5)

**Webmasters Note: The previous Article has been amended as per Supplement No. 2.