Milltown City Zoning Code
§ 34-19.5
Administration and Enforcement.
a.
Administrative Official; Powers and Duties.
1.
An Administrative Official designated by the Governing Body shall administer and enforce this section of this chapter. He may be provided with the assistance of such other persons as the Governing Body may direct.
2.
If the Administrative Official shall find that any of the provisions of this chapter are being violated, by inspection or examination by the Administrative Official or his duly authorized assistants of any building, plans or premises, and he shall have the right to enter any building or premises during daylight hours in the course of his duty, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within 30 days.
b.
Certificates of Zoning Compliance.
1.
For any development application, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued therefor by the Administrative Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.
2.
No permit for erection, construction, alteration, extension, enlargement, movement, remodeling, conversion, removal, destruction or repair of any building shall be issued until a certificate of zoning compliance has been duly issued in accordance with the provisions of this chapter. The certificate of zoning compliance shall be issued by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards. No certificate of zoning compliance shall be issued by the administrative official unless the application for the said certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.
3.
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.
c.
Expiration of Building Permit.
1.
If the work described in any building permit has not commenced within 90 days from the date of issuance thereof, the permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected.
2.
If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
d.
Construction and Use to Be as Provided in Applications, Plans, Permits and Certificates of Zoning Compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. If any such permit has been authorized and not lifted from the office of the Administrative Official and executed by the applicant within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
e.
When an applicant fails to comply or deviates significantly from any approved plans filed with the Approving Authority, the Administrative Official shall have jurisdiction to review the aforementioned deviation. If the Administrative Official is of the determination that the deviation is minor and insignificant and provided the deviation does not change the intent of the approved use, plans and resolution the administrative official may approve the deviation. If the Administrative Official is of the determination that the deviation will result in a substantial change to the approved use, plans and resolution the applicant shall be required to submit plans showing all proposed revisions to the original Approving Authority. In any event, the administrative official shall make and file a report with the Approving Authority noting all deviations and reasons for the Administrative Official's decision.
f.
Exempted Uses. The following uses shall be permitted to be located anywhere in the municipality and shall be exempt from the provisions of this chapter except as specifically stated in this section.
1.
Outdoor telephone booths owned and operated by the New Jersey Bell Telephone Company. Erection of the booths shall be subject to the approval of the administrative official and the Municipal Engineer so that the same shall not constitute traffic and/or safety hazards. Such telephone booths shall be kept in a good state of repair and appearance. The erection and maintenance of said booths shall be subject to such regulations as my be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public.
2.
Normal and customary public utility and service and distribution lines.
3.
All municipal uses and utilities.
4.
Outdoor shelters for school bus children or bus patrons. Erection of such shelters shall be subject to the approval of the administrative official and the Municipal Engineer as to sites and construction so that the same shall not constitute traffic and/or safety hazards. Such shelters shall be kept in a good state of repair and appearance. The erection and maintenance of such shelters shall be subject to such regulations as may be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public. Such shelters may not carry any advertising or other commercial display.
g.
Nonconforming Lots and Structures. As applied to individual single family units only, for any structure on a conforming or nonconforming lot which violates any bulk requirement, additions to the principal building and/or an accessory building may be constructed without an appeal for variance, provided that the total permitted building coverage regulation is not exceeded and provided the building does not create any new bulk violations of the zoning ordinance, or does not further extend a previously granted variance.