[Amended 10-5-1971 by Ord. No. 1474; 5-3-1977 by Ord. No.
1618; 5-20-1980 by Ord. No. 1723]
A. The position of Zoning Officer of the City of Garfield
heretofore created is hereby consolidated with the position of Building
Inspector. Said Zoning Officer/Building Inspector shall be appointed
by the City Council for a term of five years or until his successor
shall have qualified. Said term shall commence January 1 of the year
he shall have been appointed. Said Zoning Officer/Building Inspector
shall be paid an annual salary at the same time and in the same manner
as other City officers and employees are paid, said salary to be in
such amount as shall be established from time to time by the City
Council in the Salary Ordinance.
B. It shall be the duty of said Zoning Officer/Building Inspector to enforce the provisions of this chapter. In addition to his other duties, he shall keep a record of all applications for zoning permits and a record of all zoning permits issued, with a notation of any conditions that may have been imposed under Article
XIV. He shall file and safely keep copies of all plans submitted to the Planning Board. He shall also keep a record of every identifiable complaint of the violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the information and use of the City Council and of other official agencies and officials of the City.
C. It shall be the duty of said Zoning Officer/Building
Inspector to attend all regular and special meetings of the Zoning
Board of Adjustment and Planning Board of the City of Garfield in
order to provide a report as to the compliance, or lack thereof, with
the Zoning Ordinances and regulations for any applications pending
before those Boards. The Zoning Officer/Building Inspector shall also
provide, at least one week prior to the meeting, a written report
to the Board as to any violations, applications, permits or any other
information which pertains to the subject property.
[Added 10-9-2001 by Ord. No. 2323]
[Amended 5-20-1980 by Ord. No. 1723]
No board, agency, officer or employee of the
City shall issue, grant or approve any permit, license, certificate
or other authorization, including variances and other authorizations
by the Board of Adjustment, for any construction, reconstruction,
alteration, enlargement or moving of any building or for any use of
any land or building that would not be in full compliance with the
provisions of this chapter. Any such permit, license, certificate
or other authorization issued, granted or approved in violation of
the provisions of this chapter shall be null and void and of no effect
without the necessity of any proceedings for revocation or nullification
thereof, and any work undertaken or use established pursuant to any
such permit, license, certificate or other authorization shall be
unlawful, and no action shall be taken by any board, agency, officer
or employee of the City purporting to validate any such violation.
[Amended 5-20-1980 by Ord. No. 1723]
A. A building permit or a certificate of occupancy shall
be issued upon satisfaction of the conditions and requirements set
forth in this chapter and Chapter 202, Recycling, and all other applicable
provisions of the Code of the City of Garfield. Every application
for a building permit shall be made in writing by the owner, his authorized
agent or contractor and shall include a statement of the use or intended
use of the structure or vacant land and shall be accompanied by a
plan, drawn to scale, showing the proposed structure or use in its
exact relation to lot and street lines. The Zoning Officer/Building
Inspector shall grant or refuse a zoning permit within 10 days after
receipt of the application. If the Zoning Officer/Building Inspector
refuses to issue a permit hereunder, he shall state in writing the
grounds of his refusal.
[Amended 9-9-1980 by Ord. No. 1734; 12-6-1994 by Ord. No.
2172]
B. Building permit or certificate of occupancy shall
be obtained from the Zoning Officer/Building Inspector prior to any
construction, alteration, occupancy or use of the following:
(1) The construction, erection or alteration of any building
or part of a building costing more than $100 and of any stationary
sign greater than 40 square feet in area. No excavation for any building
shall be begun until application has been made for a zoning permit
for such building.
(2) Occupancy and use of vacant land.
(3) Occupancy and use of a building hereafter erected,
structurally altered or moved.
(4) Change in the use of land, unless the change is to
another use of the same general type.
(5) Change in the use of an existing conforming building,
unless the change is to another use of the same general type.
(6) Any change from one nonconforming use to a conforming
use.
(7) Change of any use within a building or of land from
that permitted by any variance or special authorization by the Board
of Adjustment.
(8) Erection or alteration of a structure or establishment
of a use pursuant to or authorization by the Board of Adjustment.
C. If the occupancy and use of a building or of land
for which a certificate of occupancy has been issued are not commenced
within six months after the date of such issuance or such longer period
as the Zoning Officer/Building Inspector 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 Board of Adjustment.
D. A certificate of occupancy is required for both initial
and continued occupancy and use of the building or land to which it
applies and shall continue in effect so long as such building and
the use thereof or the use of such land is in full conformity with
the provisions of this chapter.
E. Upon determination that a violation of the certificate
of occupancy exists, the Zoning Officer/Building Inspector shall serve
notice upon the owner or occupant that a complaint has been filed
with the Board of Adjustment and that the latter will hold a hearing
on the complaint not less than 10 days nor more than 30 days following
notice and that the owner and/or occupant or authorized representative
will be given an opportunity to show cause why the certificate of
occupancy should not be terminated.
F. Upon written request by the owner, his authorized
agent or contractor, the Zoning Officer/Building Inspector shall,
after inspection, issue a certificate of occupancy for any building
or use thereof or use of land existing at the time of the adoption
of this chapter, certifying such use and whether or not the same and
the building conform to the provisions of this chapter.
[Amended 9-9-1980 by Ord. No. 1734]
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the public health, safety, convenience, prosperity
and general welfare.