Ridgewood City Zoning Code
§ 190-97
Building, zoning, and other permits; certificates of occupancy.
[Amended 1-15-2003 by Ord. No. 2814; 3-12-2003 by Ord. No. 2818; 4-9-2008 by Ord. No. 3109]
The use or occupancy of land or buildings shall require the issuance of building, zoning or other permits and/or certificates of occupancy in accordance with the following provisions:
A.
Building permits. Building permits shall be required and shall be administered in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., adopted pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. In addition, the following shall apply:
(1)
No building permit shall be issued unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this chapter and all other applicable ordinances of the Village or it is demonstrated that such building or structure is legally nonconforming or is the subject of a valid and current variance.
(2)
Prior to the issuance of a building permit for any development involving an increase of at least 200 square feet of impervious surface area, the applicant shall be required to submit to and obtain approval of a site grading and stormwater control plan by the Village Engineering Department, Planning Board or Board of Adjustment, as applicable, in accordance with §§ 190-83 and 190-120A.
(3)
No building permit shall be issued for any building or structure or part thereof located in a flood hazard area unless and until the provisions of Chapter 154 and § 190-120 are complied with or it is demonstrated that such building or structure is legally nonconforming or is the subject of a valid and current variance.
(4)
No building permit shall be issued for any development which requires site plan or subdivision approval, or for any improvement that may be determined to be exempt from formal site plan approval procedures in accordance with § 190-37C, unless and until the requirements of Article VII of this chapter have been met. No building permit may be issued for developments that are determined exempt from formal site plan approval procedures unless and until the Village Engineer and/or the Village Planner certifies that the development complies with the design standards in Article IX of this chapter.
[Amended 8-13-2014 by Ord. No. 3426]
(5)
Issuance of a building permit shall include all required zoning permits and shall negate the necessity for a separate zoning permit for the same building and/or other structure and shall supersede and revoke any zoning permit previously issued for such building and/or other structure.
B.
Zoning permits. If no building permit and certificate of occupancy shall have previously been issued, or if none is required, no land shall be developed, occupied or used, in whole or in part, for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Zoning Officer, unless exempted by this chapter or other law. The following shall apply:
(1)
A zoning permit shall be required for the use of any premises which does not have upon it a building. Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit therefor shall be required.
(2)
Any change in use of a building or site shall be treated as a new use, and a new zoning permit shall be required therefor. Before any zoning permit shall be issued for any such change in use, all provisions of this article shall be complied with in the same manner as if the new use were an initial use of land.
(3)
A zoning permit shall be required for the following improvements:
(a)
A zoning permit shall be required for any exterior improvement involving a residential use, if such improvement is regulated by the zoning regulations, Articles X, XII and XIII of this chapter. Examples of improvements for which a zoning permit shall be required include, but are not limited to, fences and freestanding walls, driveways, walkways, patios, play equipment, certain sheds and other roofed structures not requiring a building permit. Retaining walls shall require a retaining wall permit as set forth in § 190-97J. Soil movement may require a soil permit as set forth in Chapter 246, Soil Removal.
(b)
A zoning permit shall be required for any exterior improvement involving a nonresidential use, unless a building permit, certificate of occupancy, sign permit or historic preservation permit is required for the improvement, in which case issuance of said permits shall negate the necessity for issuance of a zoning permit for the improvement. Notwithstanding the above, signs which are exempt from the requirement to obtain a sign permit shall also be exempt from the requirement to obtain a zoning permit. Also exempt from the requirement to obtain a zoning permit shall be minor repairs to existing improvements or replacement of conforming improvements with identical conforming improvements. Improvements for which the issuance of a zoning permit is required shall include, but not necessarily be limited to, the following:
[1]
Installation or modification of paving, curbing or drainage improvements;
[2]
Modification of the exterior improvements of a building, including, but not limited to, roofing, siding, doors and windows, decorative trim and molding, drain gutters and leaders, and change of paint color;
[3]
Installation or modification of landscaping improvements, and removal of existing vegetation;
[4]
Installation or modification of exterior improvements related to lighting, heating, ventilating, cooling, security or access; and
[5]
Modification of the existing grade, including any excavation, filling, berming or other regrading.
(4)
A zoning permit shall specify the use of the land or buildings and the nature of improvements and any terms or conditions imposed thereunder.
(5)
When site plan, subdivision and/or conditional use approval is required, no zoning permit shall be issued until final site plan and/or final subdivision approval has been obtained and until all conditions precedent to said approval have been satisfied. In the case of improvements that are exempt from formal site plan approval procedures, no zoning permit may be issued unless and until the Village Engineer or the Village Planner certifies that the development complies with the design standards in Article IX of this chapter.
[Amended 8-13-2014 by Ord. No. 3426]
(6)
An application for a zoning permit shall include a completed application form obtained from the Zoning Officer, the application fee specified in Chapter 145 and all plans and other information necessary to determine compliance with the applicable zoning regulations. Such plan information may, at the discretion of the Zoning Officer, be required to include a current survey. The Zoning Officer shall issue or deny a zoning permit within 10 business days of the receipt of an application therefor.
(7)
Once issued, a zoning permit shall be valid for up to one year from the date of issuance; if the authorized work is not commenced within such period, or if the work is suspended or abandoned for a period of six months after commencement, the permit shall become invalid.
(8)
Sign permits, historic preservation permits and retaining wall permits shall be considered to be zoning permits for the affected activity and shall be subject to the provisions of this Subsection B, unless specifically exempted by the provisions for such permits. The issuance of such permits shall negate the necessity for a separate zoning permit for the improvements authorized by such permits. If such permits do not authorize all of the improvements that are the subject of the development, no zoning permit shall be issued for the balance of the improvements unless and until any and all such other permits have first been issued.
C.
Sign permits. It shall be unlawful for any person to erect or relocate any sign within the Village without first obtaining a sign erection permit from the Construction Official pursuant to the following:
(1)
The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located.
(2)
Signs exempted by § 190-122A shall not require applications or the payment of any license fees or charges, but this shall not be construed to enlarge the scope of permitted and exempt signs nor to diminish the power of the Construction Official to enforce this article.
(3)
Application for a sign erection permit shall be made upon a form provided by the Construction Official and shall contain or have attached the following information:
[Amended 12-14-2016 by Ord. No. 3562]
(a)
The name, address and telephone number of the applicant, the business to which the sign is accessory and the party responsible for maintaining the sign in compliance with this chapter and in compliance with any permit conditions.
(b)
The location of the premises on which or to which the sign is proposed to be erected or attached.
(c)
A plan or other diagram, with dimensions, depicting the position of the sign, indicating its location in relation to buildings, streets and sidewalks, and other improvements on its premises and on adjoining premises, including any improvements within the street right-of-way.
(d)
Blueprints or ink drawings of the plans and specifications of the signs and method of erection and attachment to the premises, or a photograph of the actual sign in lieu thereof, and such information as the Construction Official may reasonably require to indicate the work to be performed and to show full compliance with this chapter and all other applicable laws and ordinances of the Village.
(e)
The name, address, and telephone number of the person performing the work.
(f)
The written consent of the owner and lessor of the premises.
(g)
The electrical permit, if any, required by the Uniform Construction Code.
(h)
In the case of temporary portable signs permitted in the Central Business District by § 190-122H(9), a valid current certificate of insurance naming the Village of Ridgewood as additional insured for comprehensive general liability (occurrence form) with a combined single limit for bodily injury, personal injury and property damage of $1,000,000 per occurrence and aggregate, meeting the Village's requirements. Such certificate of insurance shall cover the entire calendar year for which the permit is valid.
(4)
Each application for each sign shall be accompanied by a filing fee as set forth in Chapter 145, Fees, with the exception of real estate for sale signs, the application for which shall be accompanied by a separate fee as set forth in Chapter 145, Fees.
[Amended 12-14-2016 by Ord. No. 3562]
(a)
Approval of an application for a real estate for sale sign shall entitle the applicant to a permit for a period of 60 days, provided that an additional fee as set forth in Chapter 145, Fees, shall be charged for extension of permits for each 30 days or part thereof and the applicant shall be required to file an additional written application for each extension requested.
(b)
Approval of an application for a temporary portable sign permitted by § 190-122H(9) shall entitle the applicant to display such sign for the calendar year for which the permit is issued. For any succeeding calendar year, reapplication and approval of a new permit, along with a new application fee, shall be required, and such sign shall be required to comply with the regulations in effect at the time of the reapplication.
(5)
It shall be the duty of the Construction Official, upon the filing of an application for a sign erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other laws and ordinances of the Village, he shall then issue a sign erection permit therefor.
(6)
If the work authorized under an erection permit has not been completed within six months after date of issuance of the sign erection permit therefor, such permit shall become null and void.
D.
Historic preservation permits. An historic preservation permit issued by the Construction Official shall be required for any of the activities described below within an historic district or on an historic site as designated by this chapter. The following provisions shall apply:
(1)
When required. A report of the Historic Preservation Commission issued by the Historic Preservation Commission shall be required before a preservation permit is issued for any of the following or before work can commence on any of the following within an historic district or on an historic site:
(a)
Demolition of all or part of any building, improvement, site, place or structure.
(b)
Relocation of any building, improvement, site, place or structure.
(c)
Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration, partial demolition or dismantling or repair which change is visible from a public street. Exterior change for all primary and accessory structures shall include but is not limited to removal, repair or replacement of windows, doors, surfaces, facades, attachments, stairs, steps, porches, signs, walls, fences, antennas, solar panels, lighting, and sidewalks, including sidewalks located within the public right-of-way, where work is being performed by a private property owner.
(d)
Any addition to or new construction of a principal or accessory building or structure.
(2)
Exemptions. A report of the Historic Preservation Commission shall not be required before a preservation permit is issued by the Construction Official for the following:
(a)
Changes to the interior of structures.
(b)
Repair or exact replacement to any existing improvement, provided that the work does not alter the exterior appearance of the structure. In the event, however, that repair work is being undertaken on a building with previously installed noncontributing or disharmonious features, the provisions of this section shall not apply. The following are the types of activities permitted under this exemption:
[1]
Identical replacement of existing windows and doors.
[2]
Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design scale or appearance.
[3]
Maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure.
[4]
Structural repairs which do not alter the exterior appearance of the structure.
[5]
Maintenance, repair or replacement of existing clapboards, shingles or other siding with identical material.
[6]
Interior painting.
[7]
Exterior repainting with the same color paint that exists legally.
(3)
Referral of preservation permits. All applications for issuance of preservation permits pertaining to historic sites or property in historic districts shall be referred to the Historic Preservation Commission for a report of the Historic Preservation Commission on the application of the zoning ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by a municipal agency. Notwithstanding the foregoing, in the case of an application exempted from site plan approval requirements, the Chair of the Commission, or the Vice Chair in the Chair's absence, may act on behalf of the Commission regarding the referral of any historic preservation permit application, as determined by the Chair or Vice Chair, as applicable.
[Amended 8-13-2014 by Ord. No. 3426]
(a)
The Historic Preservation Commission shall submit its report to the Construction Official within 45 days of the referral of the application to the Historic Preservation Commission. In the case of those matters where the Chair or Vice Chair acts on behalf of the entire Commission, The Chair, or Vice Chair when applicable, shall provide his/her recommendation to the Site Plan Exemption Committee. For those permit applications submitted to the Construction Official/Zoning Officer, the Chair shall submit his report to the Construction Official.
(b)
If, within the forty-five-day period, the Historic Preservation Commission, its Chair or Vice Chair, as applicable, recommends to the Construction Official against the issuance of the preservation permit or recommends conditions to the preservation permit to be issued, the Construction Official shall deny issuance of the preservation permit or include the conditions in the preservation permit, as the case may be.
(c)
Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the preservation permit and without the recommendation of conditions to the preservation permit.
(4)
Procedure where demolition disapproved. In the event that the Construction Official disapproves an application for a preservation permit to move or demolish a historic building, place or structure, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure, provided that all of the following requirements shall be fully met prior to such demolition:
(a)
After applying for the necessary preservation permit and receiving notice of denial for the same from the Construction Official, the owner shall appeal the denial to the Zoning Board of Adjustment.
(b)
If the Zoning Board of Adjustment affirms the permit denial, the owner shall comply with the notice requirements set forth below.
[1]
Demolition notice posted; publication. Notice of proposed demolition shall be posted on the premises of the building, place or structure throughout the notice period in a location such that it is clearly readable from the street. In addition, the applicant shall publish a notice in the official newspaper of the Village as follows:
[2]
Notice period. The period of time during which notice must be given in the manner herein before set forth shall be known as the "notice period." The notice period shall be as follows:
[a]
The notice period shall commence on the 10th day following the date of the notice of denial received from the Zoning Board of Adjustment after an appeal and such notice period shall run for a period time of up to six months, as determined by the Commission.
[b]
A property owner may satisfy the notice period required for demolition of an historic site or of a building, place or structure in an historic district by following the procedures set forth herein prior to or concurrently with applying for the demolition permit. The applicant must also attempt to take any and all steps to market the property in accordance with the provisions of this chapter. Provided that the procedures set forth herein have been fully complied with, the property owner will be entitled to credit for the actual time during which the notice of demolition was properly given prior to the application to the Construction Official.
(c)
The owner shall, during the notice period and at a price reasonably related to its fair market value, make a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person, organization, government or agency thereof or political subdivision which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.
(d)
The owner shall not be a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with Subsection D(4)(c) above.
E.
Time limit for completion of exterior site improvements. All exterior site improvements authorized by a building permit, demolition permit, zoning permit, sign permit or historic preservation permit issued pursuant to this chapter shall be substantially completed in a timely manner. The intent of this provision is to prevent visual blight, property damage, erosion and sedimentation, wind-blown dust and debris, excessive weed growth, litter, vandalism, unsafe or hazardous conditions, the depreciation of property values and other harmful effects. For purposes of administering this provision, the following shall apply:
[Amended 11-8-2023 by Ord. No. 3973]
(1)
"Exterior site improvements" are defined to include, but not necessarily be limited to, exterior building siding or facing, roofing, exterior doors and windows, exterior steps, porches, driveway and parking area pavement, walks, fences, walls and lawns, as well as demolition of any of the foregoing.
(2)
The following improvements shall be substantially completed within one year of the date of the issuance of the permit for the same:
(3)
The following improvements shall be substantially completed within six months of the date of the issuance of the permit for the same:
(a)
Exterior site improvements authorized pursuant to a permit to construct an addition to an existing dwelling unit or to alter, repair, renovate or demolish an existing dwelling unit or other exterior site improvements accessory to an existing dwelling unit, except as provided otherwise in Subsection E(2) above;
(b)
Exterior site improvements authorized pursuant to a sign permit or historic preservation permit, except as provided otherwise in Subsection E(2) above; and
(c)
Exterior site improvements authorized pursuant to minor site plan approval.
(4)
In the case of exterior site improvements which were the subject of site plan approval, the approving Board may, in exceptional circumstances and upon good cause shown by the applicant, grant an extension of the time within which exterior site improvements shall be completed. In the case of exterior site improvements which were not the subject of site plan approval, the agency issuing the permit may grant similar extensions in the same manner.
(5)
If no construction or demolition of exterior site improvements authorized pursuant to a zoning permit, sign permit or historic preservation permit has been initiated within the above time periods, then the permit shall be considered null and void. Failure to initiate construction or demolition pursuant to a building permit shall be subject to the provisions of the Uniform Construction Code.
(6)
If construction or demolition of exterior site improvements has been initiated, but not substantially completed, within the above time periods, the failure to complete said improvements shall be considered a violation of this article and shall subject the violator or violators to the penalties hereinafter prescribed.
(7)
Exterior site improvements shall not be deemed to be completed until an as-built survey showing the post-development conditions has been provided to the Zoning Officer and Village Engineer. The survey shall be included with the records of applications and permits and certificates issued per § 190-97H.
(8)
Nothing in this subsection shall be construed to conflict with any other law or regulation, nor to limit the power of the Village to enforce the provisions of this article by whatever means that may exist.
F.
Certificates of occupancy. Certificates of occupancy shall be required and shall be administered in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., adopted pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. In addition, the following shall apply:
(1)
The issuance of a certificate of occupancy or a certificate of continued occupancy shall include all required zoning permits and shall negate the necessity of obtaining a separate zoning permit for the same building and/or other structure on the same premises. The issuance of a permanent certificate of occupancy or a certificate of continued occupancy shall supersede and revoke any zoning permit already granted for such building and/or other structure on the same premises.
(2)
When site plan, subdivision and/or conditional use approval is required, no certificate of occupancy shall be issued until final site plan and/or final subdivision approval has been obtained and until all conditions precedent to said approval have been satisfied.
(3)
No certificate of occupancy or continued occupancy shall be issued for a use and/or structure which is not permitted by the zoning regulations, unless it is shown that such use and/or structure, as applicable, is a nonconforming use and/or structure or received variance approval from the Planning Board or Board of Adjustment.
(4)
Temporary certificates of occupancy. Temporary certificates of occupancy may be permitted under certain circumstances. Such certificates shall be issued and administered in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., adopted pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
(5)
A certificate of occupancy or certificate of continued occupancy shall not be required for a change of tenancy or ownership of an existing building, structure, or premises where a zoning permit has been issued and no building permits, site plan, subdivision, and/or conditional use approval are required.
[Added 9-11-2024 by Ord. No. 4011]
G.
(Reserved)
H.
Records of applications and permits and certificates issued. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for zoning permits, building permits, sign permits or certificates of occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Village. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.
I.
Violations. The use or occupancy of land, buildings or structures prior to securement of a zoning permit, building permit, sign permit or a certificate of occupancy, as the case may be, when one is required shall be a direct violation of this chapter and shall subject the violator or violators to the penalties hereinafter prescribed.
J.
Permits for retaining walls. Zoning permits issued by the Zoning Officer shall be required prior to the construction, reconstruction or alteration of retaining walls, except that retaining walls having a height of not more than two feet, as measured pursuant to § 190-124F, shall be exempt from this permit requirement. Walls that are exempt from permit requirements shall nonetheless comply with all applicable substantive requirements. Applications for zoning permits for retaining walls shall be referred to the Engineering Department for review. No such permit shall be issued unless construction details and, if deemed necessary by the Village Engineer, structural calculations, soil reports, foundation details, compaction certificates and grading plans, signed and sealed by a professional engineer licensed to practice in the State of New Jersey, are submitted and approved by the Village Engineer demonstrating that such wall(s) is (are) designed to avoid wall failure, protection from falls, drainage or erosion problems, or other hazardous or harmful conditions.
[Amended 5-14-2008 by Ord. No. 3120]
(2)
No permit shall be issued unless the application complies with all applicable requirements of this chapter, including but not limited to § 190-124F.
(3)
Denial of retaining wall permits may be appealed to the Planning Board or Board of Adjustment, depending upon which Board has jurisdiction as set forth in this chapter and in the Municipal Land Use Law.[1] The procedures for such appeals shall be the same as set forth in § 190-28, 190-29, 190-30, 190-31, 190-32, 190-33 or 190-34, as applicable, depending upon the particular basis for the appeal. In addition, any variance application before the Board of Adjustment involving a retaining wall that requires a major retaining wall permit shall be referred to the Planning Board for review and comment. No action shall be taken by the Board of Adjustment until the Planning Board has reviewed and made recommendations concerning the application, or until 35 days have elapsed since the referral to the Planning Board, whichever occurs first.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.