Ridgefield City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 390-27 General provisions.
A.
This Part 1 shall be administered and enforced by the Zoning Officer in accordance with the Code of the Borough of Ridgefield. A zoning permit is a document signed by the Zoning Officer which is hereby required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the Borough's Zoning Ordinance or an appropriate variance therefrom.
B.
No building permit or certificate of occupancy shall be issued by the Construction Official unless and until a zoning permit is issued by the Zoning Officer. If the Zoning Officer shall find that any of the provisions of the Zoning Ordinance of the Borough of Ridgefield are being violated, he shall notify, in writing, the person responsible for said violation, indicating the nature of the violation and ordering an action necessary to correct it. He shall take such action to discontinue the building or structures or additions, alterations or structural changes thereto or to discontinue any illegal work being done or illegal use or occupancy, or shall take any other action authorized by this Code to ensure compliance with or to prevent violations of its provisions.
§ 390-28 Zoning permit required.
[Amended 2-13-2012 by Ord. No. 2193]
A.
No person shall erect, alter or construct any structure or building, or part thereof, nor alter or change the use of any land, until a zoning permit has been issued by the Zoning Officer.
B.
No person shall occupy or use any nonresidential structure until a zoning permit has been issued by the Zoning Officer.
§ 390-29 Application for zoning permit.
All applications for a zoning permit shall be made, in writing, by the property owner or his authorized agent and shall include a statement of the use or intended use of the building and shall be accompanied by a plan, drawn to scale, showing the lot, the size and location of existing buildings, proposed buildings and structures, the intended use of each building and part thereof, the height thereof, the location of off-street parking and other data as may be required by ordinance. In addition, the Zoning Officer may request such other and further information as may reasonably be required to evaluate the proposed construction and/or use of the applicant.
§ 390-30 Issuance of permits.
A.
All permits required under this chapter shall be issued by the Zoning Officer. No permit or certificate issued pursuant to this chapter shall be deemed to be in lieu of, or to supersede, any permit or certificate required by the Building Code of the Borough of Ridgefield or under the applicable provision of any other Borough code or board, body or agency of the federal, state or county government.
B.
No zoning permit shall be issued for the construction of a building or structure, or for the alteration, addition or change in an existing building, or for a conditional use, or for a use or building for which a variance has been granted unless, when so required by the Zoning Ordinance, a site plan shall have first been approved by the Planning Board or Board of Adjustment in accordance with the Site Plan Ordinance.[1]
§ 390-31 Denial of zoning permit; appeals.
A.
When the Zoning Officer is not reasonably satisfied that the applicant's proposed building, structure or use will meet the requirements of this chapter, he shall issue a letter of denial and shall refuse to issue a zoning permit.
B.
The applicant may appeal such decision to the Board of Adjustment under the provisions of N.J.S.A. 40:55D-70, Subdivision a, of the Municipal Land Use Law.
§ 390-32 Expiration of zoning permit.
The permit shall be void and of no force and effect should the person to whom such permit was issued fails or neglects to commence building or improvement within a period of six months from the date of issuance, and provided further that such permit shall automatically expire 12 months from the date of issuance. The applicant may request and the Zoning Officer may grant a renewal of an expired zoning permit for an additional six months, provided that the Zoning Officer is satisfied that the proposal conforms to the requirements of this chapter.
§ 390-33 Revocation of zoning permit.
If it shall appear, at any time, to the Zoning Officer that the application or accompanying plan was false or misleading or that work on the premises is being done differing from the application and plan for which a permit was issued, the Zoning Officer may forthwith revoke the zoning permit.
§ 390-34 Application for certificate of occupancy.
A.
An application for a certificate of occupancy shall be made after the erection, alteration or conversion of the building or other structure or part thereof has been completed in conformity with the requirements of this Part 1 or in the event that there has been a change of use of the same. Said application shall be submitted with a survey showing the final location of the building or other structure in a form satisfactory to the Construction Official.
B.
A temporary zoning certificate may be issued by the Construction Official for a period not to exceed two months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such safeguards and conditions as will protect the safety of the occupants and the public.
C.
The Zoning Officer shall maintain a record of all zoning certificates, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
§ 390-34.1 Application for and issuance of permits for conditional uses.
A.
A zoning permit for a conditional use may be issued by the Zoning Officer for uses and structures listed as conditional uses in the Borough's Zoning Ordinance, provided that such conditional use shall have first been approved by the Planning Board as required by the ordinance.
B.
In accordance with the regulations indicated in § 390-15 of Article VII, it shall be the duty of the Planning Board to hear and decide applications for conditional uses and to decide applications for conditional uses and to decide such questions as are involved in determining whether conditional uses should be granted. The Planning Board shall approve the issuance of a zoning permit for a conditional use with such conditions as are appropriate under this Part 1, or refuse to order that a conditional use be issued by the Zoning Officer when the conditional proposed use for which approval is sought does not fulfill the criteria of the Zoning Ordinance.
§ 390-34.2 Construction and use to be as represented in permits.
Zoning permits issued on the basis of plans and applications approved by the Zoning Officer or action of the Zoning Board of Adjustment. and applications for the approval of conditional uses issued by the Construction Official upon approval of the Planning Board, 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 not in conformity with that authorized shall be deemed in violation of this Part 1 and punishable as provided under Article XV of this Part 1.
§ 390-34.3 As-built surveys required.
[Added 3-8-2004 by Ord. No. 1856]
In order to ensure that buildings are erected in conformity with the Zoning Ordinance, every person who shall erect or construct a building that is built upon a foundation shall provide to the Zoning Officer, after the foundation is erected, an as-built location survey which depicts the dimensions of the property, the location of the foundation walls, the distances of all foundation courses from the lot lines, the height of the foundation walls and the grade of the property at appropriate intervals. No person shall erect any structure, or part of any structure, upon such foundation walls unless, and until, the person has provided the Zoning Officer with the as-built survey required by this subsection and the Zoning Officer has approved same. This subsection shall not apply to additions to existing buildings or decks. Surveys shall be performed by a licensed land surveyor.
§ 390-34.4 Topographical surveys required.
[Added 3-8-2004 by Ord. No. 1856]
In order to ensure that buildings are erected in conformity with the Zoning Ordinance and that existing grades are not artificially elevated so as to permit the construction of a structure higher than would otherwise be permitted, every person who plans to demolish an existing structure on any lot or who intends to erect a new structure on a lot which is not improved shall, prior to being issued a demolition permit or prior to being issued a building permit, as the case may be, provide the Construction Official with a topographical survey showing the existing elevations of the lot. Following construction of a new building on the lot and prior to being issued a certificate of occupancy, the Construction Official shall be provided with a second topographical survey showing the finished grades at the lot. Surveys shall be performed by a licensed land surveyor.