[Amended 6-29-2004 by Ord. No. 04-17]
No building or structure in any district shall be erected or structurally altered without a zoning permit duly issued, upon application, by the Chief Inspector or such other official or employee designated by the City Manager.
Every application for a zoning permit shall be accompanied by the fee prescribed by ordinance and by a plot plan drawn to scale showing:
The shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building;
The Tax Map block and lot numbers;
The exact size and location on the lot and the area covered by the proposed building or buildings or the building or buildings to be altered and other existing buildings on the same lot;
The dimensions of all open spaces in relation to the subject building, the distances between such building and any other building(s) on the same lot and the percentage of lot coverage;
The existing and intended use of the land and all existing or proposed buildings, and the number of dwelling units, if any, that the building is designed to accommodate; and
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform with the provisions of this chapter.
No zoning permit shall be issued for any construction or development for which site plan approval by the Planning Board is required, except in conformity with the plans approved by the said Board.
The application and all supporting documentation shall be made in duplicate. On the issuance of a zoning permit, the Chief Inspector, or such other official or employee designated by the City Manager, shall return one copy of all documents filed to the applicant.
If a zoning permit is denied, the Chief Inspector, or such other official or employee designated by the City Manager, shall state in writing the reasons for such denial.
As soon as the foundation of a building (or of any addition to an existing building for which a zoning permit is issued) is completed, and before first-story framing or wall construction is begun, there shall be filed with the Chief Inspector, or such other official or employee designated by the City Manager, a certified survey prepared by a licensed surveyor, showing the exact location of such foundation with respect to the street and other property lines of the lot.
Occupancy and use of a building, or part of a building, hereafter erected, structurally altered or moved, or any change in the use of an existing building, shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Chief Inspector, or such other official or employee designated by the City Manager.
Every certificate of occupancy in connection with which a variance has been granted shall contain a detailed statement of such variance and of any conditions to which the same is subject.
Application for a certificate of occupancy shall be made for a new building, or for an existing building which has been altered, on a form furnished by the Chief Inspector, or such other official or employee designated by the City Manager. Such application shall accompany the application for a zoning permit and shall be issued within 10 days after a written request for inspection of the completed work, but only if all requirements of this and other applicable ordinances or codes have been complied with.
No certificate of occupancy for any building shall be issued by the Chief Inspector, or such other official or employee designated by the City Manager, until parking spaces, access facilities and landscape planting required by this chapter and by the Planning Board as part of site plan review have been completed. Where, by reason of adverse weather conditions, it is impracticable to complete the parking spaces and access facilities and/or landscape planting, the certificate of occupancy may be issued upon the posting of a performance guarantee approved as to form by the City Solicitor and as to sufficiency by the City Engineer. Said performance guarantee shall run for a period not to exceed six months.
Every application for a certificate of occupancy, for a temporary certificate of occupancy, or for copies of either shall be accompanied by the fee prescribed by ordinance.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law and of this chapter and all other ordinances of the City.
A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies.
Upon written request by the owner, the Chief Inspector, or such other official or employee designated by the City Manager, shall, after inspection, issue a certificate of occupancy for any building or use thereof existing at the time of the adoption of this chapter, certifying such use and whether or not the same, and the building, conforms to the provisions of this chapter.
A record of all certificates of occupancy shall be kept in the office of the Chief Inspector, or such other official or employee designated by the City Manager, and copies shall be furnished, on request, to any agency of the City or to any person having a proprietary or tenancy interest in the building or land affected.
If a certificate of occupancy is denied, the Chief Inspector, or such other official or employee designated by the City Manager, shall state in writing the reasons for such denial.
It shall be the duty of the Chief Inspector, or such other official or employee designated by the City Manager, to enforce the provisions of this chapter and all rules, conditions and requirements adopted or specified pursuant thereto. Nothing in this chapter shall prevent any property owner or resident of the City, the City itself or any board or agency of the City from availing themselves of any lawful remedy in preventing or abating any violation of any provision of this chapter.
The Chief Inspector, or such other official or employee designated by the City Manager, or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour in the course of their duties. The Chief Inspector, or such other official or employee designated by the City Manager, shall maintain files of all applications for zoning permits and plans submitted therewith and for certificates of occupancy and records of all zoning permits and certificates of occupancy issued by him, which files and records shall be open to public inspection.
The Chief Inspector, or such other official or employee designated by the City Manager, shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken as a result of each such complaint, which records shall be public records.
Any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof in the City for any purpose other than the uses permitted therefor in this chapter, or who erects, enlarges, or alters or causes to be erected, enlarged or altered, any building or any part thereof in the City except in conformity with the provisions of this chapter, or who fails to maintain any building or premises consistent with and in compliance with the terms and conditions of any approved site plan shall be guilty of a violation of this chapter and shall be subject to the penalties set out in Article XX, § 250-145, of this chapter.
Nothing contained herein shall be deemed to supersede or modify the provisions of New Jersey's Uniform Construction Code. The requirements of Article XVIII shall be in addition to such other requirements as may exist under the Uniform Construction Code or other applicable law or ordinance.