To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof, or alter the use of any land, subsequent to the adoption of this title, until a building permit has been issued by the building inspector.

(Prior code § 40-21)

A.

Any construction permit issued by the city of Elizabeth shall become invalid if the authorized work is not commenced within six months in the case of residential property or twelve (12) months in the case of commercial or mixed use property.

If upon the determination of the construction official, work that was authorized to commence under a valid construction permit is suspended or abandoned for a period of six months, the construction permit shall be revoked or suspended and reapplication shall be required.

B.

Notwithstanding situations of work suspended or abandoned as set forth in subsection A of this section, an extension may be applied for and received from the construction official. An additional fee, as required by law, shall be charged accordingly for an extension.

(Ord. 3892 §§ 1, 2, 2007)

All such applications shall be made in duplicate and be accompanied by two sets of plans, drawn to the requirements contained in the building code of the city.

(Prior code § 40-22)

A.

It shall be the duty of the building inspector to issue a building permit, provided that he or she has secured prior approval therefor from the zoning administrator and that he or she is satisfied that the structure, building, sign, parking area and the proposed use conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this title have been complied with and all necessary approvals secured therefor.

B.

All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and shall be protected from the weather, whenever construction work is being performed thereon. No owner, contractor, workmen or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform operations of any kind after notification of the revocation of such building permit.

(Prior code § 40-23)

When the building inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he or she shall refuse to issue a building permit and the applicant may appeal to the board of adjustment for a reversal of the inspector's decision.

(Prior code § 40-24)

If it shall appear, at any time, to the building inspector that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the applications filed with him or her under existing laws or ordinances, he or she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the building inspector. After the building permit has been revoked, the building inspector may, in his or her discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the city with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.

(Prior code § 40-25)

A.

Compliance With Zoning Article Required. No building shall be occupied or used until such time as a certificate of occupancy is issued by the construction official. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the construction official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter.

B.

Compliance With Other Ordinances Required. A certificate of occupancy shall not be issued until the construction official receives written confirmation from the fire department and division of health that all applicable city codes and ordinances administered and enforced by the above-named departments have been complied with, as well as written approval for the issuance thereof by the zoning administrator.

C.

Where a building is completed or sections are completed and safe for human occupancy, the construction official, with the approval of the zoning administrator may issue a temporary certificate of occupancy for that portion of the building which is safe for human habitation while work proceeds to bring the entire building into compliance with the city's codes. Such temporary certificate of occupancy may contain such restrictions as may be necessary to protect the health and safety of the building's occupants.

(Ord. No. 6013, § 3, 6-11-2024; prior code § 40-26)

Editor's note— Ord. No. 6013, § 3, adopted June 22, 2024, changed the title of section 17.08060 from "Certificate of occupancy for new uses" to "Certificate of occupancy for new uses and new construction." The historical notation has been preserved for reference purposes.

A.

A zoning permit shall be obtained prior to the commencement of any use or the erection, reconstruction, alteration, conversion or installation of any structure or building, confirming that such uses, structures, or building complies with the city zoning ordinance.

B.

Zoning permits shall be required for the following buildings and uses:

1.

Residential alterations to one- or two-family dwellings that do not result in any zoning bulk violation and which do not alter the footprint of the existing principal structure and accessory uses such as but not limited to driveways, patios, hardscaping, sidewalks, porches, fences, decks, sheds, pools (above ground and in-ground), garages, carports, etc. and any alterations to residential dwellings which change, enlarge or alter existing building footprint.

2.

New residential one- and two-family dwellings.

3.

New nonresidential structures.

4.

Multi-family structures.

5.

Alterations to multi-family, nonresidential structures: fences, retaining walls, accessory buildings, sheds, flat concrete, landscaping, signs, pools, pavers, decks, etc.

6.

New or continued use/occupancy.

C.

The zoning officer may revoke any zoning permit if it is determined that the actual conditions or construction does not adhere to the plans, specifications, terms and conditions or approvals upon which the construction permit was issued or there exist any violations of any applicable municipal or state regulations.

D.

Approval is based on compiling with all conditions. Failure to comply with this section shall result in a fine and/or revocation of the permit.

(Ord. No. 4764, § 1, 10-25-2016)

A.

The purpose of this section is to ensure safe occupancy and continued compliance with the Municipal Code of the City of Elizabeth.

B.

Before a building or structure for any use may be sold/transferred, it shall be necessary for the purchaser to obtain a certificate of occupancy for resale from the bureau of zoning. The certificate of occupancy for resale shall not be issued unless the structure has been inspected by the zoning officer and conforms to the following requirements:

1.—7.

Reserved.

8.

Compliance with all applicable sections of the Elizabeth City Code:

a.—c.

Reserved.

d.

Chapter 8—Health and Safety

e.

Chapter 15—Buildings and Construction

f.

Chapter 17—Land Development Code

9.

All testing reports and certificates showing compliance for necessary building systems, as applicable to the structure, including but not limited to:

a.

Annual sprinkler report.

b.

Annual fire alarm and monitoring report.

c.

Most recent commercial kitchen hood inspection.

d.

Annual Elevator certification.

e.

Exterminator treatment records.

10.

Payment of all vacant/abandoned/foreclosure registration fees as required by chapter 8.80, Vacant and foreclosing properties.

11.

Closing out of all outstanding construction permits and/or construction violation notices.

12.

For multi-family properties consisting of three (3) or more dwelling units:

a.

Current State of NJ registration certificate, and

b.

Copy of liability insurance.

13.

For one- and two-family homes:

a.

Smoke certificate from Elizabeth Fire Prevention.

14.

All rental single-family, rental two-family, and multiple dwelling units constructed before 1978 shall provide a lead-free certificate (N.J.A.C. 5:17) or lead-safe certificate (N.J.A.C. 5:28A-2.4) from a State of NJ licensed inspector/risk assessor.

C.

Temporary Certificate of Occupancy for Resale—Occupancy. The bureau of zoning may issue a temporary certificate of occupancy for resale when a notice of violation has been issued for the correction of violations. A temporary certificate of resale may be issued for a period not to exceed ninety (90) days, provided that:

1.—3.

Reserved.

4.

The building is structurally safe to occupy and the violations do not affect the health, safety, or welfare of the occupants, and

5.

The purchaser shall furnish a sworn affidavit stating that the purchaser is aware of the required repairs and agrees to complete them within ninety (90) days of the date of transfer.

D.

Temporary Certificate of Occupancy for Resale—Renovations or Demolition.

1.

If the building is to be fully renovated, the purchaser shall furnish a sworn affidavit stating that the purchaser is aware that the building shall not be occupied until repairs are completed and a certificate of occupancy is used by the construction official.

2.

The purchaser shall submit a renovation plan for approval by the construction bureau within sixty (60) days of acquiring the property.

3.—5.

Reserved.

6.

If the building is to be demolished, the purchaser shall furnish a sworn affidavit stating that the building shall not be occupied and is intended to be demolished within sixty (60) days of acquisition.

E.

Fees. Applications for certificate of occupancy for resale may be submitted online. Each request for a resale certificate shall be paid online or in person by cash, check, or money order payable to the City of Elizabeth in the amount specified in the fee schedule contained in section 17.52.060.

(Ord. No. 6013, § 4, 6-11-2024)

Editor's note— Ord. No. 6013, § 4, adopted June 22, 2024, repealed and reenacted section 17.08.070 in its entirety to read as herein set out. Formerly, section 17.08.070 pertained to certificate of occupancy for existing uses and derived from the prior code § 40-27.

No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this title without first procuring a certificate of occupancy, provided that a certificate of occupancy, once granted, shall continue in effect so long as there is no change of use, regardless of change in tenancy or occupancy.

(Ord. No. 6013, § 5, 6-11-2024; prior code § 40-28)

No permit for the erection of a building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be an existing state, county or municipal street or highway; a street shown upon a plat approved by the planning board; or a street on a plat duly filed in the office of the county recording officer prior to the passage of this title or its predecessor or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the city council, or such suitable improvement shall have been assured by means of performance guaranty, in accordance with standards and specifications for road improvements approved by the city council, as adequate in respect to the public health, safety and general welfare of the special circumstances of the particular street.

(Prior code § 40-68)

A.

Where the enforcement of Section 17.08.090 hereof would entail practical difficulty or unnecessary hardship, or where the circumstances or the case do not require the building or structure to be related to a street, the board of adjustment may, upon application or appeal, vary the application of Section 17.08.090 hereof and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or a general circulation plan element of the municipal master plan pursuant to Section 17.20.010(B)(4) of this title.

B.

Chapter 17.28 of this title shall apply to applications or appeals pursuant to this section.

(Prior code § 40-69)