Boonton City Zoning Code
ARTICLE XXIV
General Administration and Enforcement
§ 300-113 Interpretation of regulations.
In the interpretation and application, the provisions of Article IV shall be held to be the minimum requirements adopted for the promotion of the public health, morals and general welfare; for lessening congestion in the streets; for securing safety from fire, panic and other dangers; for the provisions of adequate light and air; for preventing overcrowding of land or buildings; for the avoidance of undue concentration of population.
§ 300-114 Administration and enforcement of regulations.
This chapter shall be enforced by the Zoning Enforcement Official who is the designated Town official referred to hereinbefore and shall be the Construction Official unless there shall be appointed by the Mayor and Board of Aldermen an individual other than the Construction Official as the Zoning Enforcement Official, it shall be the duty of the Zoning Enforcement Official to:
A.
Enforce the zoning ordinances of the Town of Boonton, issue zoning permits and certify zoning ordinance compliance of the purposes of issuance of certificates of occupancy as hereinafter provided.
B.
Keep a record of all applications and a record of all zoning permits issued with a notation of all special conditions pertaining thereto.
C.
File and safely keep, at the Municipal Office Building, copies of the applications, zoning permits, plans and specifications, plot plans, certificates of occupancy and all other documents delivered to him in his official capacity.
D.
Upon written complaint or for other good reason, inspect any premises in the borough, at any reasonable time, for the purpose of ascertaining any violations of this chapter.
E.
Direct the owner, occupant, or any other person charged with the responsibility for the premises, to comply with the terms of the within chapter.
§ 300-115 Zoning permits.
A.
A zoning permit, issued by the Zoning Officer, is required prior to the issuance of any building permit or certificate of occupancy covering the use and location of said building. A zoning permit shall also be required prior to any construction, change of use type or alteration or construction of an accessory use, building or structure, or alteration of structures. A zoning permit shall also be required before a change in occupancy or tenancy of a nonresidential building or tenant space.
[Amended 9-16-2024 by Ord. No. 19-24]
B.
Whenever an application is made to the Zoning Enforcement Official for a zoning permit for the erection or construction of a proposed new building or for the addition to an existing building in any zone for any use other than a one family detached residential dwelling, he shall not issue the zoning permit until he has received a final approval of a site plan and/or subdivision plat and maps and/or variance from the Town Planning Board.
C.
Except for applications for minor repairs, as defined by the Uniform Construction Code, no construction permit or certificate of occupancy shall be issued unless a zoning permit has been obtained from the Zoning Officer.
[Added 9-16-2024 by Ord. No. 19-24]
D.
Required inspection. Inspection of the subject premises prior to issuance of a zoning permit shall be at the discretion of the Zoning Officer.
[Added 9-16-2024 by Ord. No. 19-24]
E.
Zoning permit exceptions. Pursuant to the above, all applicants for building permits shall apply for a zoning permit. Notwithstanding the foregoing to the contrary, the following items shall not be subject to a zoning permit:
[Added 9-16-2024 by Ord. No. 19-24]
(1)
Replacement roofing.
(2)
Replacement siding.
(3)
Replacement windows and doors, where there is no change in glazing area or opening size.
(4)
Replacing chimneys and chimney liners, where a new chimney is the same size and material as the original.
(5)
Interior oil tank replacement.
(6)
Furnace/boiler replacement.
(7)
Garage door replacement, same size.
(8)
Replacement bathroom fixtures.
(9)
Replacement floors/ceilings.
(10)
Replacement kitchen cabinets/fixtures/appliances.
(11)
Installation of radon mitigation systems (interior systems only).
(12)
Installation of commercial carpet for nonresidential uses.
(13)
Minor work or ordinary maintenance as defined by the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
(14)
Interior electrical work.
§ 300-116 Filing of plans.
All applications for zoning permit shall be made on forms provided by the Mayor and Board of Aldermen and shall be accompanied by plans in duplicate, drawn to scale, showing the location, shape and dimensions of the lot to be built upon, the size and location of existing buildings thereon, the lines within which the proposed building is to be erected or altered and the existing and intended use of each building or part thereof, the height thereof and the number of families intended to be accommodated. The applicant shall also give such other pertinent information respecting the proposed use of such property as may be necessary to determine the propriety of the issuance of a zoning permit. If the Zoning Enforcement Official issues a zoning permit, he shall return to the applicant, properly certified, one copy of the plans submitted. If the Zoning Enforcement Official shall decline to issue a zoning permit, he shall state to the applicant, in writing, his reasons for so doing. Unless a certificate of occupancy, as hereinafter provided, is issued for the structure or the use covered by the permit within two years from its date of issuance, the permit shall automatically lapse. The Mayor and Board of Aldermen, upon application and for good reasons shown, may renew the permit for a further period to be determined by the Mayor and Board of Aldermen. No use, excavation or construction shall be commenced until a zoning permit therefor has been issued.
§ 300-117 Zoning Enforcement Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1)]
When appointed by the Mayor and Board of Aldermen, the designated Town official referred to in this article shall be the Zoning Enforcement Official.
§ 300-118 Appeals.
Appeals from decision of the Zoning Enforcement Official or on the question of his certification for the issuance of a certificate of occupancy may be made to the Town Planning Board under Article VI.
§ 300-119 Fees.
[Amended 9-20-2021 by Ord. No. 26-21]
There shall be paid to the Town of Boonton at the time of application therefor:
A.
Zoning Enforcement Official review of certificate of occupancy: $50.
B.
Zoning permit for a shopping center: $250.
C.
Zoning permit for an industrial building: $250.
D.
An appeal to the Planning Board for denial of a zoning permit: $100.
E.
Zoning permit for a residential building: $50 per dwelling unit.
F.
Zoning permit for any use not named above: $50. Where construction cost is less than $500 or is solely for a repair, no fee shall be charged.
G.
Copy of any permit: $5.
§ 300-120 Pending applications.
§ 300-121 Violations and penalties.
A.
Any owner or agent, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each and every day such violation continues shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate misdemeanor, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Chapter 1, General Provisions, Article III, General Penalty.