Kearny City Zoning Code
§ 38-9.3
Certificate of Occupancy.
[Ord. No. 10-14-87 § 138-9.300; Ord. No. 4-12-94; Ord. No. 2003-(O)-10 §§ 1, 2; Ord. No. 2003-(O)-11; Ord. No. 2003-(O)-32 §§ 1, 2; Ord. No. 2005-(O)-42 §§ 2, 3]
a.
For New Uses.
1.
It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter erected or converted, altered or changed from one use to another use, wholly or partly, until a certificate of occupancy shall have been issued by the Construction Official. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the Construction Official to issue a certificate of occupancy within 10 days after a request for the same shall be filed in his office by any owner, after having determined that the building and the proposed use thereof conform to all the requirements herein set forth.
2.
Compliance with Other Ordinances. No certificate of occupancy shall be issued unless the applicant first obtains a zoning permit for that property from the Zoning Official. Further, a certificate of occupancy shall not be issued until the Construction Official determines that all applicable codes and ordinances administered and enforced by any of the following names, department(s) or agencies have been complied with:
(a)
The Board of Health.
(b)
The Town Engineer.
(c)
The Fire Department.
(d)
The Police Department.
(e)
The Planning Board.
(f)
The Board of Adjustment.
(g)
The Recreation Commission.
(h)
The Department of Public Works.
(i)
The Governing Body.
(j)
The County Planning Board.
(k)
Any other applicable department, board or agency, by the Municipal, County, State, Federal, or interstate government agency.
b.
Existing Residential Uses — Certificate of Continued Occupancy.
1.
Upon the transfer of title to any property located within the boundaries of the Town of Kearny, it shall be unlawful for any owner to occupy or permit the occupancy of that property without first obtaining a certificate of continued occupancy. This section does not apply to property transfers by inheritance. No certificate of continued occupancy shall be issued unless the applicant first obtains a zoning permit for the specific property.
When any R-3 and R-5 (use groups) (pertains to one- and two-family dwellings) property is sold, a smoke and carbon monoxide detector compliance certificate, as required by the laws of the State of New Jersey, must be obtained from the Construction Official/Zoning Officer, prior to the issuance of a certificate of [continued] occupancy. The fee for the compliance certificate shall be included in the fees below. No certificate of [continued] occupancy shall be issued unless the applicant first obtains a zoning permit for that property.
A certificate of continued occupancy shall be applied for through the Construction Code Enforcement Department for the Town of Kearny. The certificate of continued occupancy shall indicate that as a result of a general inspection of the visible parts of the structure, no violations have been determined to have occurred and no unsafe conditions have been found, and that the existing use of the structure heretofore lawfully existed. If any violations are found, no occupancy shall be permitted until all items designated for correction by the Construction Code Enforcement Department are made, corrected, and inspected. No certificate of continued occupancy shall be issued unless the applicant first obtains a zoning permit for that property.
2.
Fees. Fees payable through the Construction Code Enforcement Department of the Town of Kearny for a residential certificate of continued occupancy shall be as follows:
One-family dwelling | $60 | (Includes smoke detector) |
Two-family dwelling | $80 | (Includes smoke detector) |
Three-family or more | $40/dwelling unit | (No smoke detector necessary) |
c.
Change of Use. 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 chapter, without first procuring a zoning permit and certificate of occupancy, provided that certificate of occupancy once granted shall continue in effect as long as there is no change of use, however, a new zoning permit must be issued upon every change of commercial tenancy or commercial occupancy.
d.
Certificate of Occupancy Records. A record of all certificates shall be kept on file in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary interest or tenancy in the building affected.