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Mahwah City Zoning Code

§ 24-11.4

Certificate of Occupancy.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
a. 
Relationship to Building Permit. The purpose of a certificate of occupancy is to indicate that the construction authorized by the building permit has been completed in accordance with the building permit, the State Uniform Construction Code and this chapter.
b. 
Certificate of Occupancy for New Uses.
1. 
Compliance with Zoning Ordinance. No building hereafter erected and no building hereafter enlarged, extended or altered, wholly or in part, so as to change its use classification shall be used or occupied or used in whole or in part 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 all of the provisions of this chapter. No certificate of occupancy shall be issued unless a zoning permit has first been obtained. Said certificate shall be issued by the Construction Official to the owner or his agent within ten (10) days after written application if all conditions under this section are complied with.
2. 
Compliance with Other Ordinances. A certificate of occupancy shall not be issued until the Construction Official receives written confirmation from any or all of the following that all applicable codes and ordinances administered and enforced by the following named department(s) have been complied with:
(a) 
The Board of Health.
(b) 
The Fire Prevention Bureau.
(c) 
The Recreation Commission.
(d) 
The Water Department.
(e) 
The Water and Sewer Consultant.
(f) 
The Township Engineer.
(g) 
The Township Police Department.
(h) 
The Planning Board.
(i) 
The Board of Adjustment.
(j) 
The Township Council.
(k) 
The Environmental Commission.
(l) 
The Historic Preservation Commission.
(m) 
The County Planning Board.
(n) 
Any other applicable Federal, State, County or Township department, board or agency.
c. 
Certificate of Occupancy for Existing Uses.
1. 
Upon written request from the owner, tenant, occupant or purchaser under contract for a certificate of occupancy for existing uses, a determination shall be made by the Zoning Officer, as to compliance to this chapter. The Construction Official, upon the Zoning Officer determination, shall cause an inspection to be made and after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective.
2. 
No change or extension of use and no alterations shall be made in a nonconforming use or premises without a zoning permit having first been issued by the Zoning Officer, stating that such change, extension or alteration is in conformity with the provisions of the zoning ordinance.
d. 
Certificate of Occupancy For 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 determination, and a certificate of occupancy for change of use. The certificate of occupancy for change of use, once granted, shall continue in effect as long as there is no change of use regardless of change in tenancy or occupancy.
e. 
Certificate of Occupancy Records. A record of all certificates of occupancy shall be kept 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.