Nutley City Zoning Code
ARTICLE XVIII
Administration
§ 700-115 Enforcement.
A.
The provisions of this chapter shall be enforced by the Construction Official, who shall be known as the "Zoning Officer" for the purpose of this chapter. It shall be his duty to keep a record of all applications for zoning permits and a record of all such permits issued, with a notation of any conditions that may have been imposed under the provisions of the Site Plan Ordinance.[1] He shall file and safely keep copies of all plans submitted. He shall also keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on the complaint. All such records and plans shall form a part of the records of his office.
B.
In addition to the enforcement authority contained in Subsection A of this section, patrolmen and officers of the Nutley Police Department may issue summons and/or complaints for a violation of Article XIII, Parking Spaces and Loading Berths, covering §§ 700-91 through 700-102, occurring or being observed between the hours of 5:00 p.m. and 9:00 a.m. or at such other times as the Zoning Officer may request of the Chief of Police.
§ 700-116 Zoning permits; certificates of occupancy; review fees.
A.
A construction permit or a certificate of occupancy issued in accordance with the New Jersey State Construction Code shall satisfy the purpose of a zoning permit, upon satisfaction of the further conditions and requirements set forth in this chapter. Every application for a zoning permit shall be made, in writing, by the owner or his authorized agent and shall include a survey to scale, a statement of the use or intended use of a structure or vacant land and shall be accompanied by a plan drawn to lot and street lines. The Zoning Officer shall grant or refuse a zoning permit within 10 days after receipt of the application, except when site plan approval is required, in which case the Zoning Officer shall grant or refuse the permit upon receipt of notice of final action on the site plan by the Planning Board. If the Zoning Officer refuses to issue a permit hereunder, he shall state, in writing, the grounds of his refusal.
B.
Permit required.
(1)
A zoning permit shall be obtained from the Zoning Officer for any of the following:
(a)
The construction or alteration of any building or part of a building or any sign.
(b)
The painting of a sign on a building.
(c)
Occupancy and use of vacant land.
(d)
Occupancy and use or change in the occupancy, ownership or use of any building, including but not limited to tenants, lessors, owners or other persons in all single-family, two-family or multiple-dwelling units.
(e)
Change in the use of land or part of a lot.
(2)
No such construction, alteration, occupancy, use or change of occupancy, ownership or use shall take place until a zoning permit therefor has been issued by the Zoning Officer, and no excavation for any building or use of land shall commence until a zoning permit for such building or use has been issued by the Zoning Officer.
C.
If the occupancy and use of a building or of land for which a zoning permit has been issued in the form of a certificate of occupancy are not commenced within six months after the date of such issuance or such longer period as the Zoning Officer may authorize, in writing, because of the occurrence of conditions unforeseen at the time of issuance, such occupancy permit shall expire and a new occupancy permit shall be obtained before such occupancy and use are commenced. No such extension of time for a longer period than 90 days shall be authorized except upon approval by the Planning Board.
D.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long and only as long as such building and the use thereof or the use of such land are in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
E.
Upon written request by the owner, the Zoning Officer shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter certifying such use and whether or not the same and the building conforms to the provisions of this chapter.
F.
The Zoning Officer may revoke any zoning permit if it is determined that the actual conditions or construction does not adhere to the plans, specifications, terms and conditions or approvals upon which the construction permit was issued or there exist any violations of any applicable municipal or state regulations.
[Added 11[1]]
G.
The Zoning Officer shall not issue a certificate of occupancy associated with a transfer of real estate ownership prior to the closing or completion of all building permits and/or active development projects.
[Added 8-1-2023 by Ord. No. 3521]
H.
All new major construction shall provide an as-built survey and building height verification prior to the issuance of a certificate of occupancy.
[Added 8-1-2023 by Ord. No. 3521]
I.
Zoning review fees.
Residential Structures | Fee |
|---|---|
Fences | $10 |
Signs (each) | $10 |
Non-structure (i.e., driveways, walks, patios, impervious surface, lot coverage) | $10 |
Accessory structure (i.e., sheds, garages, swimming pools) | $15 |
Attached structure (i.e., garages, porches, additions, decks) | $15 |
New structures (principal structure on lot for principal use) | $50 |
Alterations | $25 |
Nonresidential Structures | Fee |
|---|---|
Fences | $15 |
Signs (each) | $15 |
Additions on existing buildings | $50 |
New structure (i.e., principal structure on lot or for principal use) | $75 |
Change in commercial tenancy | $25 |
Alterations | $50 |
Awnings | $25 |
Accessory structure (sheds, garage, etc.) | $25 |
Nonstructural (driveways, walks, retaining walls) | $25 |
Sight work and parking lots | $100 |
§ 700-117 Violations and penalties.
Every person, firm or corporation who shall violate any provision of this chapter shall, for each and every violation, be subject to a fine of not less than $250 nor more than $500 or imprisonment not to exceed 90 days, or both. Each and every day that such violation continues shall be considered a separate and specific violation of this chapter.
§ 700-118 Interpretation and application of provisions.
[Amended 2-19-2019 by Ord. No. 3414]
In interpreting and applying the provisions of this chapter, if there is a conflict between Zoning Ordinance sections, the more restrictive of the two requirements limiting development shall govern and shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, prosperity and general welfare.
§ 700-119 Repealer.
The purpose and intent of this chapter is to embody herein all regulations limiting and restricting to specified districts and the regulation therein of buildings and structures according to the nature and extent of their use and the nature and extent of the use of land, and any such regulations for the purposes aforesaid not included in this chapter are hereby repealed, and the provisions of any ordinance or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed.