Clifton City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 461-69 General provisions.
This chapter shall be administered and enforced in accordance with the terms of this article.
A.
The provisions of this chapter shall be enforced and interpreted by the administrative officer. It shall be his duty to keep a record of all applications for building permits and a record of all such permits issued, with a notation of any complications for building permits and with a notation of any conditions that may have been imposed by the Planning Board or Board of Adjustment under the provisions of this chapter. He shall file and safely keep copies of all plans submitted. He also shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the use of the Municipal Council and of other official agencies and officials of the City of Clifton.
B.
No board, agency, officer or employee of the City shall issue, grant or approve any permit, license or certificate or other authorization (excluding conditional uses, variances and other lawful authorization by the Planning Board or Board of Adjustment) for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of any land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or other authorization shall be unlawful.
§ 461-70 Building permits and certificates of occupancy; variances, conditional uses and site plan approval; zoning review fees; fees.
A.
Every application for a building permit shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the structure or vacant land and shall be accompanied by a certified survey drawn to scale, showing the proposed structure or use in its exact relation to lot and street lines and by a written statement from the City Engineer, or other satisfactory evidence, that the lines of the bounding street or streets have been accurately located and staked on the ground. The administrative officer shall grant or refuse a building permit within 10 days after receipt of the application. If the administrative officer refuses to issue a permit hereunder, he shall state in writing the grounds of his refusal.
B.
A building permit shall be obtained from the administrative officer for any of the following:
(1)
The construction, erection, alteration or addition to any building or part of a building or for any sign. No excavation for any building shall be commenced until application has been made for a building permit for such building.
(2)
Occupancy and use of vacant land.
(3)
Occupancy and use of a building hereafter erected, structurally altered or moved.
(4)
Change in the use of land.
(5)
Change in the use of an existing conforming building.
(6)
Any change involving a nonconforming use.
(7)
Any change from a nonconforming use to a conforming use.
(8)
Change of any use within a building or of land from that permitted by any variance or special authorization by the Board of Adjustment or Planning Board. No such construction, erection, alteration, occupancy, use or change of use shall take place until a permit therefor has been issued by the administrative officer.
C.
Unless a building permit authorizing construction or a certificate of occupancy authorizing the use or occupancy of any premises in accordance with the terms and conditions of any variance or conditional use approval granted by the Board of Adjustment or Planning Board is obtained within the time limit set forth hereinbelow, any such variance or conditional use approval shall expire; and before the use or occupancy permitted thereby may be commenced, a new variance or conditional use approval shall be obtained. The time limit shall be one year from the date the resolution approving the variance or conditional use is adopted, except where such variance or conditional use approval is granted in connection with site plan or subdivision approval, in which case the time limit shall be three years from the date the resolution approving the variance or conditional use is adopted.
[Amended 9-7-1999 by Ord. No. 6079-99; 6-17-2003 by Ord. No. 6350-03; 3-18-2008 by Ord. No. 6727-08]
D.
Upon timely application and for good cause shown, the Board granting any such variance or conditional use approval may extend the term thereof as hereinabove provided by an additional period not to exceed 90 days.
[Amended 9-7-1999 by Ord. No. 6079-99]
E.
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 and shall continue in effect so long, and only so long, as such building and the use thereof or the use of such land is in full conformity with the certificate of occupancy and the provisions of this chapter and any requirements made pursuant thereto.
F.
Upon written request by the owner, the administrative officer shall, after inspection and approval, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the same conforms to the provisions of this chapter.
G.
Fees for the filing of applications for variances, conditional uses and site plan approval shall be established by the Municipal Council.
H.
Conditional approvals.
[Added 8-2-1999 by Ord. No. 6073-99]
(1)
Conditions precedent.
[Amended 6-6-2001 by Ord. No. 6203-01]
(a)
When there are no conditions of approval, the Principal Planner (Zoning Officer) is authorized to extend the required one-hundred-ninety-day period from the date of approval for a period not to exceed an additional 190 days in order to obtain the necessary building permits or certificate of occupancy. Upon written request by the applicant, the Principal Planner shall provide said extension and shall furnish a list of said extensions to the Secretary of the Board of Adjustment and/or the Secretary of the Planning Board on a monthly basis.
(b)
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within 190 days of the date of the conditional approval. Upon written request by the applicant, the appropriate board may grant an extension of the approval for a period not to exceed an additional 190 days.
(c)
The applicant shall make the request for the extension of time set forth in Subsection D(1)(a) and (b) immediately above within 30 days of the expiration of the one-hundred-ninety-day period.
(d)
Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the municipal agency.
(e)
The fulfillment of all other conditions precedent shall forthwith be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.
(f)
When all conditions have been fulfilled with respect to any minor or major subdivision, the applicant shall, within 30 days of the fulfillment of all such conditions, submit the deed or map for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54 or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said thirty-day period within the reasonable exercise of the board's judgment.
(2)
Conditions subsequent.
(a)
Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within one year from the date of the final approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such conditions are fulfilled.
(b)
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting, upon an ex parte application, an extension of time for good cause shown.
(c)
The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
(d)
For purposes of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.
(3)
Continuing compliance required.
(a)
All conditions of approval shall be subject to continuing compliance by the applicant and any subsequent property owner unless the conditions are formally changed by the appropriate board.
(b)
The failure to properly maintain compliance with the conditions of approval shall constitute a violation of this chapter which may result in a formal complaint being filed in Municipal Court by the municipality, in addition to any other action permitted by law.
I.
Zoning review fees. A permit shall be required to be obtained from the Zoning Officer for the following, same to be issued upon the payment of the fee indicated:
[Added 6-1-2004 by Ord. No. 6417-04; amended 3-6-2007 by Ord. No. 6650-07; 4-18-2023 by Ord. No. 7813-23]
(2)
Nonresidential.
(a)
Fence (up to six feet in height): $100; fence (over six feet in height): $100.
(b)
Sign: $50.
(c)
Addition: $150.
(d)
New structure: $250.
(e)
Change in use*: $75.
(f)
Alteration: $75.
(g)
Nonstructural improvement: $75.
*The type of change in use covered here is the type allowed within that same zone and not requiring a variance. |