Fairfield City Zoning Code
ARTICLE XIII
Enforcement; Zoning Permits; Penalties
§ 45-68.1 Enforcement Official.
[1969 Code § 75-119; Ord. No. 591; Ord. No. 738; Ord. No. 93-61 § VI]
This chapter shall be enforced by the Zoning Officer.
§ 45-69.1 Conditions for Issuance of Zoning Permit.
[1969 Code § 75-11; Ord. No. 591; Ord. No. 738; Ord. No. 93-61 § II; New; Ord. No. 97-08 § 4; Ord. No. 2007-19 § 1; amended 2-24-2025 by Ord. No. 2025-08]
a.
Definition. "Zoning permit" means a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
b.
Required.
1.
No land or structure shall be occupied or used for any purpose whatsoever until a Zoning Permit shall have been issued by the Zoning Officer stating that the use complies with all provisions of this chapter. Such permit shall be granted or denied within 10 days after the date written application has been received by the Zoning Officer.
2.
No tenant shall occupy a nonresidential building prior to securing a Zoning Permit from the Zoning Officer and certifying that the tenant shall comply with this chapter.
3.
Any change in tenancy including addition, reduction or modification of existing space, change in business name and/or ownership which alters the information on an existing zoning permit requires the occupant to obtain a new zoning permit with the correct information.
c.
Records to Be Kept on File. A record of all Zoning Permits shall be kept on file in the office of the Zoning Officer and copies shall be furnished upon request to any persons having a proprietary or lease-hold interest in the building or land affected.
d.
Fee for Zoning Permit. The fee for a Zoning Permit shall be $50.
e.
Fee for Zoning Compliance Letter shall be $100.
§ 45-69.2 Certificate of Reoccupancy. [1]
[Ord. No. 2009-28 § 1]
Before the occupancy or possession of any building or structure may pass from one person to another, the owner of the building or structure shall apply for and obtain a Certificate of Reoccupancy from the Township Official.
The owner shall permit the building to be inspected by the following officials when necessary: Tax Assessor; Board of Health; Fire Prevention; Zoning Officer; Property Maintenance Officer; or Engineer. Inspections by these officials shall be made in order to determine whether the condition of the premises in question complies with applicable ordinances and Township Codes. The Township Official is authorized to withhold a Certificate of Reoccupancy when such compliance is not obtained.
The applicant shall pay to the Township a fee in the amount of $125 for residential structure, and $200 for a commercial structure.
The Zoning Officer may inspect the premises to determine if the property complies substantially with the requirements of the Zoning Ordinance.
The Construction Official, or his agent, may inspect the premises to determine whether or not there are any apparent Construction Code violations.
The issuance of the Certificate of Reoccupancy shall not constitute any representations as to the strength, durability, and quality or life of any equipment or component in the structure.
In the event that violations are found, they shall be noted on the Certificate of Reoccupancy and the Township Official will notify the person requesting said Certificate as well as the owner of the premises.
The penalty for a violation of this subsection shall be $500.
Once issued, a Certificate of Reoccupancy shall be valid for one year.
The Township Official shall inspect and issue the Certificate of Reoccupancy within 10 days of receipt.
[1]
Editor's Note: Former Subsection 45-69.2, Zoning Permit Required Before Change in Use, previously codified herein and containing portions of 1969 Code § 75-123 and Ord. Nos. 591, 738, 93-61 was repealed in its entirety by Ordinance No. 2009-28.
§ 45-69.3 (Reserved) [1]
§ 45-69.4 (Reserved) [1]
[1]
Editor's Note: Former Subsection 45-69.4, Fee for Certificates, previously codified herein and containing portions of 1969 Code § 75-126 and Ord. Nos. 591 and 738 was repealed in its entirety by Ordinance No. 97-08.
§ 45-70.1 Penalties Established.
[1969 Code § 75-127; Ord. No. 591; Ord. No. 729; Ord. No. 738; Ord. No. 801; New]
Any person, firm or corporation who shall, as principal or agent, violate any of the provisions of this chapter and shall fail, after notice of a violation complained of, served personally or by certified mail, to abate the violation shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 of this Code. Each and every day of the continuation of the violation following the fifth calendar day after notice requiring its abatement shall be considered a separate and specific violation of this chapter.