Lyndhurst City Zoning Code
CHAPTER 1152
Administration, Enforcement and Penalty
1152.01 PURPOSES.
The purposes of this chapter are to identify the public officials and boards charged with the responsibility of administering and enforcing this Zoning Code, stipulate the procedures to be followed in obtaining building and occupancy permits and establish remedies and penalties in the case of failure to follow such procedures.
(Ord. 96-61. Passed 4-21-97.)
1152.02 ADMINISTRATION.
The administration of this Zoning Code is vested in the following officials and official bodies of the City:
(a) The Building Commissioner
(b) The Board of Zoning Appeals
(c) The Planning Commission
(d) The City Council
(e) The Director of Law
(Ord. 96-61. Passed 4-21-97.)
1152.03 COMPLIANCE REQUIRED.
Hereafter, no land in the City shall be used or occupied, and no structure shall be constructed, erected, moved, repaired, structurally altered, enlarged, leased, extended or reconstructed, for any purpose except as permitted by this Zoning Code and in conformity with the regulations herein established for the district in which such land or structure is located. (Ord. 96-61. Passed 4-21-97.)
1152.04 ENFORCEMENT BY BUILDING COMMISSIONER.
The primary duty of administering and enforcing the provisions of this Zoning Code is hereby conferred upon the Building Commissioner with the assistance of such other persons as he or she may direct.
(Ord. 96-61. Passed 4-21-97.)
1152.05 BUILDING AND OCCUPANCY PERMITS REQUIRED.
(a) Building Permits. No building or structure shall be constructed, erected, reconstructed, repaired, structurally altered, enlarged or moved, and no excavation for a foundation shall be made, unless and until a building permit therefor has been secured first from the Building Commissioner, except as provided in Section 1351.03 of the Building and Housing Code.
(b) Occupancy Permits. In the following instances, no occupancy, use or change of use of any premises shall take place unless and until an occupancy permit has first been secured from the Building Commissioner:
(1) As the final inspection permit following or in connection with the issuance of a building permit for the construction, addition to or alteration of any building, or in all instances when building permits are required by applicable law.
(2) Upon changes of use of premises.
(3) Following the issuance of a variance or special use permit by action of the Board of Zoning Appeals, when confirmed, modified or allowed by Council, by ordinance of Council, or by the order of a court of general jurisdiction after all appellate remedies have been exhausted or abandoned.
(4) When a building or parcel of land has been completed and complies with the application for a building permit, the Building and Housing Code, this Zoning Code, the Fire Prevention Code, and all applicable State or City regulations.
(5) Upon changes in the use of vacant land.
(6) Upon changes in the use of any nonconforming use.
(Ord. 96-61. Passed 4-21-97.)
1152.06 APPLICATION FOR BUILDING AND OCCUPANCY PERMITS.
(a) An application shall be required for the issuance of building and occupancy permits and shall contain a statement by the owner or his or her authorized agent which:
(1) Fully reveals the existing use or uses to which the premises or the proposed building is devoted as well as the proposed use or uses;
(2) Includes the street address of the property;
(3) Includes the zoning district for the property; and
(4) Includes the name, address and phone number of the owner, architect and contractors. In the case of work on a single project which has been determined by the Building Commissioner to have a gross value of fifty thousand dollars ($50,000) or more and is being performed for or by corporations or partnerships, a statement shall be filed with the application listing the names and addresses of all directors and officers as well as the names and addresses of all shareholders or principals having a ten percent or greater interest in such firm.
(b) Such application shall be accompanied by the following information when deemed applicable by the Building Commissioner. All such information shall be submitted in duplicate form:
(1) A plat drawn showing the actual dimensions of each lot to be built on and the exact size and location of each building to be erected, including accessory buildings;
(2) Architect's drawings of each building completely detailed and drawn to scale;
(3) Building heights;
(4) The number of off-street parking spaces or loading berths and their layout;
(5) The location and design of access drives;
(6) The number of dwelling units;
(7) The location of proposed walks and required landscaped areas;
(8) Any other detailed specifications or information that may be required by the Building Commissioner and which is necessary for the administration of this Zoning Code;
(9) For an occupancy permit of an existing building, in addition to the foregoing, where applicable, such additional data, including a drawing of the interior, as may be required by the Building Commissioner; and
(10) The legal description of the property.
(c) Such application shall be accompanied by all fees, payable to the City, as required by Section 1152.09.
(d) Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or is not substantially completed within two years of issuance.
(Ord. 96-61. Passed 4-21-97.)
1152.07 ISSUANCE OF BUILDING AND OCCUPANCY PERMITS.
(a) The Building Commissioner shall issue the permits required hereunder when the proposed use of the premises complies with this Zoning Code and other applicable laws or upon order by the Board of Zoning Appeals and/or Council or a court of competent jurisdiction, upon the granting of variances or special use permits, when the specifications comply in the case of building permits and the completed use complies in the case of an occupancy permit.
(b) All departments, officials and public employees of the City which or who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, building or purpose of the same which would be in conflict with the provisions of this Zoning Code, and, if so issued, such permits or licenses shall be void.
(Ord. 96-61. Passed 4-21-97.)
1152.08 CERTIFICATES OF APPROVAL.
(a) A certificate of approval is a certificate issued by the Building Commissioner for uses or premises when the same comply or are constructed in accordance with this Zoning Code, the Fire Prevention Code, the Building and Housing Code or other applicable law, variance or special use permit of the Board of Zoning Appeals and/or Council, or by order of competent jurisdiction.
(b) A certificate of approval may be applied for a building, use of land or occupancy, and shall be issued by the Building Commissioner within ten days after receipt of request provided compliance is made as stated in subsection (a) hereof. If requested coincidental with the application for a building or occupancy permit, then such certificate shall be issued within ten days after completion of the premises in conformity with this Zoning Code and the Building and Housing Code and Fire Prevention Codes.
(c) A fee for completely vacant land use, for single and two-family properties and for all other uses, shall be paid to the City with the application for a certificate of approval, as required by Section 1152.09.
(Ord. 96-61. Passed 4-21-97.)
1152.09 FEES FOR BUILDING AND OCCUPANCY PERMITS AND CERTIFICATES OF APPROVAL.
The application for a building permit, an occupancy permit and/or a certificate of approval shall be accompanied by a fee payable to the City. A schedule of such fees shall be made available through the City and may be altered or amended only by Council. All fees shall be paid in full before any application is reviewed or any permit or certificate is issued.
(Ord. 96-61. Passed 4-21-97.)
1152.10 RECORD OF BUILDING AND OCCUPANCY PERMITS.
A record of all applications for building and occupancy permits and their accompanying plats and drawings, together with the action taken thereon, shall be kept on file in the office of the Building Commissioner and shall be available for inspection to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 96-61. Passed 4-21-97.)
1152.11 NON-ISSUANCE OF BUILDING AND OCCUPANCY PERMITS.
(a) The Building Commissioner shall issue no building or occupancy permits for any building, structure, use or change in use of land or premises in violation of this Zoning Code, and any permit so issued shall be void.
(b) The Building Commissioner shall issue no building permit or certificate of occupancy for any building, structure, use or change of use during any period in which an ordinance or other measure which would forbid the action authorized under such permit is pending before Council, has been formally recommended to Council by the Commission, is subject to referendum or on which referendum is pending.
(c) No building or occupancy permit shall be issued until an application therefor has remained on file in the office of the Building Commissioner for public inspection for a period of ten days, but some appropriate action must be taken on any such application by the Building Commissioner within thirty days after the application is filed. The ten-day delay may be reduced in the case of single and two-family dwellings at the discretion of the Building Commissioner.
(d) If a building or occupancy permit is refused, the Building Commissioner shall send the notice of refusal to the address shown in the application.
(Ord. 96-61. Passed 4-21-97.)
1152.12 APPEALS.
If a building or occupancy permit is refused by the Building Commissioner, an appeal, in writing, may be made to the Board of Zoning Appeals, as provided in Section 1154.06. Such appeal shall be filed within ten days of the mailing of such refusal.
(Ord. 96-61. Passed 4-21-97.)
1152.13 VIOLATIONS.
No person shall locate, erect, construct, reconstruct, enlarge, change, repair, structurally alter, occupy or use any building or land in violation of any provision of this Zoning Code, or any amendment thereto. The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, any architect, builder or contractor who may be employed to assist in the commission of any such violation and all persons or corporations who violate any provision of this Zoning Code or fail to comply therewith, or any requirements thereof, or who build in violation of a detailed statement of plans submitted and approved thereunder, shall be deemed guilty of a violation of this section. A separate offense shall be deemed committed each day during or on which a violation or noncompliance exists.
(Ord. 96-61. Passed 4-21-97.)
1152.14 EQUITABLE REMEDIES.
The Director of Law shall, immediately upon a violation or imminent violation of this Zoning Code having been called to his or her attention, institute an action for injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate, terminate or remove any unlawful construction, reconstruction, alteration, conversion, maintenance or use. Such action may also be instituted by any property owner on his or her own behalf who may be damaged by any violation of this Zoning Code. Such action shall in no way be deemed to relieve the violator of liability under Section 1152.99.
(Ord. 96-61. Passed 4-21-97.)
1152.99 PENALTY.
The owner or owners of any building or premises where a violation of any provision of this Zoning Code is placed or exists, any architect, builder or contractor who assists in the commission of any such violation and all persons who violate any of the provisions of this Zoning Code, or fail to comply therewith, shall, for each violation or noncompliance, be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 96-61. Passed 4-21-97.)