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 building inspector. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the building inspector 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 building inspector 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 building inspector, 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.

(Prior code § 40-26)

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.

Upon written request from the owner, tenant, occupant or purchaser under contract, the building inspector, after inspection, and approval by the zoning administrator, shall issue an occupancy permit for a use legally existing at the time this title is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this title.

B.

No change or extension of use and no alterations shall be made in a nonconforming use or premises, without an occupancy permit having first been issued by the building inspector with the approval of the zoning administrator, stating that such change, extension or alteration is in conformity with the provisions of this title.

C.

Before any building or structure for any use may be transferred it shall be necessary for the purchaser to procure a certificate of occupancy from the division of building inspections after inspection by the building inspector and approval by the zoning administrator. This certificate shall not be issued unless the building or structure conforms to all requirements of the building code, the zoning article and the housing code.

D.

Temporary Certificates of Occupancy. Where a structure is transferred and does not comply with the Uniform Construction Code or an approved site plan, a temporary certificate of occupancy shall be issued for a period not to exceed ninety (90) days, provided that:

1.

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

2.

The building and electrical inspectors are satisfied that the site plan conditions or required repairs are of such a minor or noncritical nature that the health and safety of the occupants is not endangered for this brief period.

3.

The site plan conditions or repairs can reasonably be completed within the authorized ninety (90) day period.

4.

The owner furnishes an affidavit, duly sworn to, stating that he or she is aware of the site plan conditions or the required repairs and agrees to complete the same within ninety (90) days of the date of transfer.

E.

Transfers without Certificates of Occupancy.

1.

Where any building or structure to be transferred is in such a deteriorated condition that it cannot be occupied in accordance with the provisions of subsection D above, then the transfer of such property without a certificate of use and occupancy shall be permitted under the following conditions:

a.

The building is demolished forthwith and an acceptable site plan is submitted, if required, for any new development on the site.

b.

If the building is to be rehabilitated:

i.

A notice shall be posted conspicuously on the front of the structure stating that the building is unfit for human habitation,

ii.

An affidavit shall be furnished by the owner indicating that he or she is aware that the building may not be occupied until repairs are completed and a certificate of occupancy is issued, and that he or she agrees to submit an acceptable plan for the building's renovations within thirty (30) days of acquiring title, and

iii.

The owner simultaneously makes application e for exemption from obtaining a certificate of occupancy.

2.

Where any transfer without a certificate of use and occupancy shall be authorized, the building inspector shall require the payment of a fee of twenty dollars ($20.00), which may be credited toward the total fee for a certificate of occupancy after repairs are completed.

F.

Fire protection systems.

1.

Every building for single-family, two-family, three-family and four-family occupancy shall have installed therein and thereafter maintain an approved fire detection, products of combustion system. The detector shall be sensitive to any of the products of combustion except that detectors sensitive only to heat are not acceptable. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable sections of NFPA No. 74, Standard for the Installation, Maintenance and Use of a House Fire Warning System, shall be considered and accepted engineering practices. Installation of the fire detection system must have prior approval of the chief of the fire department of the city.

2.

No residence shall be sold or rented and no structural change (repair of a value in excess of one thousand dollars ($1,000.00) shall be made thereto unless and until the residence meets the requirements of this title.

3.

The installation of any and all smoke detectors, battery-operated or hard-wire, shall be in accordance with tie approved method of the manufacturer and the fire prevention bureau as to the area to be installed and the number of detectors required. All such equipment and installations shall comply with regulations established by NFPA Standard No. 74 and the state Uniform Construction Code Act, where applicable.

4.

It shall be the sole responsibility of the owner to maintain the operation of all smoke detectors after they have been inspected by the fire prevention bureau.

(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 an occupancy permit, provided that an occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in tenancy or occupancy.

(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)