In applying and interpreting the provisions
of this chapter, they shall be held to be minimum requirements adopted
for the promotion of the public health, safety, morals, comfort, convenience
or general welfare. The following specific regulations shall apply:
A. A minimum required lot or yard size for one building
or structure shall not be used as any part of a required lot or yard
for a second structure.
B. The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C. The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
[Amended 12-18-2019 by Ord. No. 19-28]
It shall be the duty of the Zoning Officer to
administer and enforce the provisions of this chapter. Should said
Zoning Officer be in doubt as to the meaning or intent of any provision
of this chapter, or as to the location of any district boundary line
on the Zoning Map, or as to the propriety of issuing a building permit
or a certificate of occupancy in a particular case related to the
provisions of this chapter, he shall appeal the matter to the Land
Use Board for interpretation and decision. The Zoning Officer shall
adopt rules of procedure, consistent with this chapter, for the purpose
of assuring efficient and uniform administration of its provisions.
[Amended 2-16-2005 by Ord. No. 4-05]
The Zoning Officer and his/her deputies and
assistants and the Construction Official, Code Enforcement Officer,
Township Engineer, Chief of Police and Fire Chief and their authorized
agents shall have the right and authority, at any reasonable hour,
to enter any building, structure, premises, lot or land, whether already
erected or put into use or in the course of erection and putting into
use, for the purpose of determining whether or not the provisions
of this chapter are being complied with.
[Amended 6-14-2006 by Ord. No. 16-06; 8-4-2021 by Ord. No. 21-17]
A. Violations.
(1) No building or structure shall be erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter. In addition to their right to institute an action seeking the imposition of the penalties set forth in §
490-45B hereof, the local authorities of the Township of Jefferson or any interested party may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
(2) Every owner or user of real property which is developed, constructed, altered, repaired, converted, maintained or used pursuant to an approval of the Land Use Board or pursuant to a permit or permits issued under the authority of the Township Engineer, Construction Official, Construction Subcode Official(s) or Zoning Officer is required to develop, construct, alter, repair, convert, maintain or use such real property in strict compliance with all conditions of such approvals or permit, including but not limited to strict compliance with all site plans, plot plans, blueprints, architectural drawings, schematics, renderings, surveys, and the like which such owner, user, or other person acting under the authority of an owner or user submitted to the Township as part of an application for Board approval and/or for the issuance of a permit and upon which the Township's issuance of such approvals and/or permits were predicated. Failure to comply with the provisions hereof shall constitute a violation of this chapter. In addition to their right to institute an action seeking the imposition of penalties set forth in §
490-45B hereof, the local authorities of the Township of Jefferson or any interested party may institute any appropriate action or proceedings to prevent any development, construction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
B. Penalties. For any and every violation of any written provision of
this chapter and upon failure to comply with written notice thereof
or order to remove such violation within five days after service of
such notice or order, the owner, agent or contractor of a building,
structure, premises, lot or land where such violation has been committed
or shall exist and the lessee or tenant of an entire building, structure,
premises, lot or land where such violation has been committed or shall
exist and the owner, agent or contractor, lessee or tenant of any
part of a building, structure, premises, lot or land in which part
such violation has been committed or shall exist and the agent, architect,
builder or contractor or any other person who commits, takes part
or assists in such violation or who maintains any building, structure,
premises, lot or land in which such violations shall exist shall be
subject to a fine not exceeding $2,000 or to imprisonment for not
more than 90 days, or both, and each and every day the violation continues
after the owner, agent or contractor of the building, structure, premises,
lot or land on which such violation occurred has been notified thereof
shall be deemed a separate and distinct violation.
[Amended 2-16-2005 by Ord. No. 4-05]
Duly certified copies of this chapter and of
the Zoning Map which forms a part hereof, together with copies of
all amendments hereto, shall be filed in the Township Clerk's office
and in the Construction Official's office and shall be open to public
inspection.
If any article, section, subsection, paragraph,
clause, phrase or provision of this chapter or the location of any
district boundary shown on the Zoning Map that forms a part hereof
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter or Zoning Map as a whole or
any part or provision hereof other than the part so adjudged to be
invalid or unconstitutional.
All ordinances or parts of ordinances inconsistent
with this chapter are hereby repealed.
This chapter shall take effect upon final passage
and publication in the manner provided by law.