Newton City Zoning Code
§ 320-31
Administration and enforcement.
A.
Administration and enforcement. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter. The Zoning Officer shall investigate any violation or alleged violation of this chapter coming to their attention and shall have, to the extent applicable, all of the powers to exercise all of the functions and duties with respect to this chapter as set forth below.
B.
Enforcement by Zoning Officer. The office of Zoning Officer is hereby created. It shall be the duty of the Zoning Officer to enforce this chapter, the provisions of Chapter 240 (Land Subdivision and Site Plan Review), and also the provisions of the land use procedures (Chapter 166 of this revision). Pursuant to that duty, the Zoning Officer shall investigate any violation or alleged violation of this chapter coming to his attention. All applications to the Construction Official for building permits shall be examined by the Zoning Officer for compliance with this chapter and all such permits shall be signed by the Zoning Officer, as well as the Construction Official. The Zoning Officer shall require two sealed plot plans with an embossed seal, prepared by a New Jersey licensed professional engineer, land surveyor, architect or planner to the extent that said professionals are permitted to prepare such plans by virtue of the provisions of N.J.A.C. 13:40-7.3. Such plans shall be drawn to scale and show the size and other facilities sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings, and a sketch prepared by the owner or applicant accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirements, the Zoning Officer may require a sealed location survey. In the event of any material deviation from the approved application, plot plan, or building plans, the Zoning Officer may stop construction by posting a stop-work notice at the building site. The Zoning Officer and the Construction Official, or either of them, shall have the right to enter any building or premises during the daytime in the course of duty, after proper notification to the property owner or occupant of the property.
C.
Assistant Zoning Officer.
(1)
Office created. The office of Assistant Zoning Officer is hereby created. There may be, at the discretion of the Town Manager, up to two Assistant Zoning Officers who are appointed by the Town Manager and are current employees of the Town of Newton.
(2)
Compensation. The Assistant Zoning Officer shall not receive any additional compensation other than the compensation fixed for their employed position.
(3)
Duties. It shall be the duty of the Assistant Zoning Officer, under the supervision and control of the Zoning Officer and to the extent not prohibited by law, to perform all the duties of the Zoning Officer in the absence of the Zoning Officer or at such other times as may be permitted by law or as directed by the Town Manager.
D.
Zoning permits.
(1)
Required. A zoning permit shall be required in the following instances:
(a)
Before using or allowing the use of any structure, building, or land or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partly.
(b)
Before changing the use of any building property or part thereof, or allowing a change of use of any building or property, or part thereof.
(2)
Details. A zoning permit shall show that every building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter, or in conformity with the provisions of a variance granted according to law.
(3)
Issuance; required prior to work. All zoning permits shall be issued in triplicate. One copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of the zoning permit. Every zoning permit for a residence or residential dwelling unit shall set forth the maximum occupancy of such residence or dwelling unit, as determined by the Town of Newton housing code.
(4)
Records. A record shall be kept of all zoning permits issued. The original application therefor shall be kept on file in the same manner as applications for building permits.
(5)
Duration. A zoning permit, unless revoked, shall continue in effect so long as there is no change of use of the premises.
(6)
Time for action on application.
[Amended 8-25-2014 by Ord. No. 2014-15]
(a)
The Zoning Officer shall act upon all such applications within 10 days after receipt of a fully filed application, or shall notify the applicant, in writing, of the refusal to issue such permit and the reasons therefor.
(b)
Failure to notify the applicant in case of refusal to issue a permit within 10 days shall entitle the applicant for a zoning permit to file an appeal to the Planning Board, as in the case of denial.
(7)
Waiver of plans. The Zoning Officer may waive plans on minor alterations not affecting structural change.
(9)
Misleading application; violation of permit. If it shall appear at any time to the Zoning Officer that the application or accompanying plans is in any material respect false or misleading, or that the work being done upon the premises is materially different from that called for in the application previously filed with him, or may be in violation of any provision of this chapter, or that the conditions imposed by the Planning Board are not being met within the time or in the manner required by the approving authority, he may forthwith revoke the zoning permit.
(10)
Permit required prior to 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 passage of this chapter, without first obtaining a zoning permit.
(11)
Permit for nonconforming use created by change in ordinance. Within one year from the effective date of any subsequent amendment to the Zoning Ordinance of the Town of Newton, the effect of which is to make certain uses nonconforming, the owner of the property upon which any such nonconforming use exists may apply for and obtain at no charge a zoning permit certifying the extent of the nonconforming use and specifying the nonconformity in detail. After the expiration of any such one-year period, a zoning permit may be issued for a nonconforming use only by the Planning Board, after a hearing held on notice to all persons entitled thereto.
E.
Certificate of occupancy. It shall be unlawful for an owner to use or permit the use of any building or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. A fee as set forth in the Town's Fee Ordinance[2] shall be charged for each certificate of occupancy or duplicate certificate, except as otherwise herein provided.
F.
Temporary use permits. The Zoning Officer may issue a temporary use permit for temporary uses of a property as defined by this chapter. Such application for a temporary use must be for a permitted use in the zone in which the property is located and the applicant must have the written permission of the property owner to locate the temporary use on the property. If a temporary use is proposed to be conducted on public property, the Town of Newton or associated governmental entity must approve the use in writing. Temporary uses proposed on sidewalks or in parking lots must meet all applicable fire, safety and ADA standards, rules and regulations.
(1)
Duration. Such permits may be issued for a period not to exceed six months and on further application to the Zoning Officer, may be extended for good cause shown for an additional period not to exceed one year. Thereafter, such temporary use permit shall expire and the use so permitted shall be abated. Any temporary structures erected in connection therewith shall be removed.
(2)
Temporary certificate of occupancy for sales office. Where a building permit has been issued, a temporary certificate of occupancy for a dwelling house may be granted to a developer to permit such dwelling house to be used temporarily as a sales and management office for the sale of those homes within a subdivision, provided all of the following requirements are met:
(a)
The house to be used as such office is built upon a lot which is on part of a subdivision that has been approved by the Planning Board.
(b)
The house is of substantially the same quality of construction as those homes to be sold within the subdivision.
(c)
No other business than that which is accessory to the management and the sale of lands owned by the developer shall be permitted.
(d)
The dwelling house shall meet all other requirements of the zone district in which it is located.
(3)
For temporary nonconforming use incidental to construction. Where a building permit has been issued, the Planning Board may grant a temporary use permit for a nonconforming use incidental to construction projects on the same premises, such as the storage of building supplies and machinery and/or the assembly of building materials. For example, but not by way of limitation, such temporary use permit may be issued to permit the parking of a "construction trailer" on such a site.
(4)
For uses interrupted by casualty. The Planning Board may grant a temporary use permit for the erection and maintenance of temporary structures or buildings for the conduct of permitted uses where such permitted uses have been interrupted by reason of fire or other casualty. Such temporary use permit shall expire at the time the necessary repair or reconstruction of the permanent structures or buildings has been accomplished or within one year, whichever occurs first.
(5)
Pending construction of permanent facilities. The Planning Board may grant temporary use permits for the location of temporary structures in connection with permitted uses on the site of such permitted use; which use is either existing or about to be established, upon the construction of a permanent structure. Such temporary structure shall provide facilities during construction of permanent facilities which are an addition to the permitted use or which will result in permanent facilities to house the permitted use. For example, but not by way of limitation, such temporary use permits may be issued to permit the parking of a trailer housing banking facilities, temporary office space, temporary classroom space and/or temporary warehouse space on such a site.
G.
Temporary certificate of occupancy and zoning permits. The Zoning Officer may issue a temporary zoning permit, and the Construction Official may issue a temporary certificate of occupancy, for a use of land or a building which is related to the development of a permitted use of the property. In evaluating any application for such temporary permits, the building or structure in question must meet the minimum requirements as set forth in the New Jersey Uniform Construction Code Act[3] for the issuance of temporary certificates of occupancy, and a bond shall be posted which is sufficient in the judgment of the Zoning Officer or Construction Official as appropriate, which will guarantee the completion of the project. Such temporary permits shall be issued for a period not to exceed six months and may be extended for an additional period not to exceed six months.
[3]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
H.
Sign permit. A sign permit shall be required prior to the erection or alteration of any sign.
I.
Records and reports.
(1)
Records. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits and of all permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted which shall form a part of the record of his office, which shall be available for the use of the Town Council and other officials of the Town.
(2)
Reports. The Zoning Officer shall prepare a monthly report for the Town Council summarizing for the period since his last report all zoning permits issued, complaints of violations received, and action taken by him with respect thereto. Such report shall be in a form and shall contain such information as the Town Council may direct. Copies of such reports shall be made available to the Construction Official and the Tax Assessor.
J.
Violations and penalties. For each and every violation of the provisions of this chapter, the owner, contractor or other person interested as general agent, architect, building contractor, tenant or any other person who commits, takes part in, or assists in any violation of this chapter, or who maintains any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate such violation within five days after written notice shall have been served upon him, either by certified mail or personal service, shall be subject to a fine of not more than $1,250 or imprisonment in the county jail for a period not exceeding 90 days, or both, at the discretion of the county or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notices shall be considered a separate and specific violation of this chapter.
K.
Interpretation. In the interpretation and application of the provisions of this chapter, such provisions shall be held to be minimum requirements, adopted for promoting health, safety, and general welfare of the Town of Newton. This chapter shall be read in para materia with the land use procedures chapter[4] and, where appropriate, with the land subdivision and site plan chapters.[5]
L.
Pending applications. All applications for development accepted as properly filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of the Land Use Procedures Ordinance of the Town of Newton.[6]