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Bound Brook City Zoning Code

21-10.6 Building

and Zoning permits and certificates of occupancy.

[Ord. No. 04-12 § 21-10.6]
a. 
Building permits and plans. No building or structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Construction Official thereof.
Plans and intended uses therefor shall indicate that such building or structure is designed to conform to all respects to the provisions of this and all other applicable ordinances of the Borough of Bound Brook. No building permit or zoning permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or parts thereof, in any B-1, B/R, O-B, NB/R or I-P Zone district unless and until the requirements of § 21-9 have been met. If these requirements are not met, the applicant must secure Board approval for variance from the requirement.[1]
[1]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
b. 
Zoning permits. No land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Construction Official. A zoning permit shall be required for the use of any premises which does not have upon it a building. Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit therefore shall be required.
c. 
Certificate of compliance and certificate of occupancy. No building or structure hereafter erected or altered and no building in which the occupancy or nature of use shall have been changed shall be occupied or used in whole or in part for any purpose whatsoever unless and until a certificate of occupancy shall have been issued therefore by the Construction Official. The issuance of a certificate of occupancy shall negate the necessity of securing a zoning permit for the same premises. The issuance of a certificate of occupancy shall supersede and revoke any zoning permit already granted for the same premises. A certificate of compliance and/or a certificate of occupancy shall be required whenever there is a change in owner, change in tenant or change in use. Except for single-family and two-family uses, a site plan shall be required prior to the issuance of an applicable certificate.
d. 
Time limitation. The Construction Official shall issue or deny a zoning permit within seven days of the application therefore where site plan approval by the Planning Board is not required and within seven days after action on the site plan by the Planning Board where site plan approval is required. The Construction Official shall issue or deny a certificate of occupancy within seven days of the application therefor where site plan approval by the Planning Board is not required and within seven days after action on the site plan by the Planning Board where site plan approval is required.
e. 
Prerequisite for the Issuance of Zoning Permits or Certificates of Occupancy. No zoning permit or certificate of occupancy shall be issued by the Construction Official until he/she has ascertained that all the requirements of this chapter and any other applicable Borough or State regulations and ordinances, Board of Adjustment decisions, necessary resolutions of the Borough Council, and site plan as approved by the Planning Board, have been and are fully complied with. All improvements shown on any site plan shall have been installed on the premises in question before any zoning permit or certificate of occupancy, as the case may be, shall be issued. When, by reason of adverse weather conditions or other good cause shown, completion of certain improvements would cause an undue delay in the issuance of a certificate of occupancy, the Construction Official may require the posting of a performance guarantee sufficient in amount to cover the cost of all such incompleted improvements, as estimated by the Borough Engineer, assuring the installation of such incompleted improvements within one year of the posting of the performance guarantee.
f. 
Denial of zoning permits, building permits, certificates of occupancy. Notwithstanding the provisions for denial as provided in this chapter, the Zoning Officer and Construction Code Official shall deny any application for zoning permit, building permit, or certificate of occupancy if the use is not an unmistakably clear permitted use in the zone district.
g. 
Changes in use terms and conditions. A zoning permit or certificate of occupancy shall specify the use of the land, or building or buildings and any terms or conditions imposed thereunder. Any change in use shall be treated as a new use and a new zoning permit or certificate of occupancy, as the case may be, shall be required therefore. Before any zoning permit or certificate of occupancy shall be issued for any such change in use, all provisions of this chapter shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building. A zoning permit or certificate of occupancy shall not be issued in circumstances where an existing nonconforming use is to be converted to a different nonconforming use.
h. 
Records. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for building permits, zoning permits or certificates of occupancy and of all such permits and certificates issued together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safe keeping of all plans and specifications submitted to him/her with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Borough of Bound Brook. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.
i. 
Violations. The use or occupancy of land or buildings prior to securement of a building permit, zoning permit, or a certificate of occupancy, as the case may be, when one is required, shall be a direct violation of this section and shall subject the violator or violators to the penalties prescribed in Subsection 21-13.3.