[Amended 10-22-1984 by Ord. No. 1269; 10-22-2001 by Ord. No.
1764]
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.
[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.
C.
No zoning permit shall be issued except in conformity with the provisions
in this Part 1.
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.
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]
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.
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.
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.
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.
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.
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.
[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.
[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.
