The Construction Official is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits; issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter, and all nonconforming uses; record and file all applications for permits with accompanying plans and documents; and make such reports to the Planning Board and/or the Board of Adjustment as may be required.
[Amended 6-22-2021 by Ord. No. 13-2021]
A. 
Building permits for a variance from the requirements of this chapter and for such conditional uses as may be enumerated in Article XII, Schedule of Regulations, hereof shall be issued on written order of the Board of Adjustment, the Planning Board or the Borough Council, as the case may be.
B. 
In all one-family residential zones, C variances are not required for the issuance of building permits, for new structures or the modification of existing structures, under the following conditions:
(1) 
The proposed development is on an existing substandard lot; and
(2) 
Any existing or preexisting development, with or without approvals, conforms with all zoning regulations except for one or all lot size standards of area, depth, or frontage; and
(3) 
The proposed development conforms with all zoning regulations except for one or all lot size standards of area, depth, or frontage.
A. 
No person shall erect, alter or convert any structure or building or part thereof, nor alter the use of any land, subsequent to December 27, 1960, until a building permit has been issued by the Construction Official.
B. 
Application for permits. All such applications shall be accompanied by plans, in quadruplicate, drawn to scale, showing the actual shape and dimensions of the lot or lots to be built upon; its block and lot number as recorded; the date of official record of any lot or lots on which construction is proposed; the exact size and location of any building, sign, parking or loading area or other physical feature existing or proposed on the lot; the existing and intended use of each building or part of a building; the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate; and other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved. One copy of all applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.
C. 
Issuance of permits. It shall be the duty of the Construction Official to issue a building permit, provided that he is satisfied that the structure, building, any sign, the parking area on the premises and the proposed use thereof conform to all requirements of this chapter and that all other reviews and actions if any, called for in this chapter have been complied with and all necessary approvals secured therefor. All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and shall be protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed as required by this chapter, nor shall such persons perform building operations of any kind after notification of the revocation of said building permit.
D. 
Denial of permits. When the Construction Official is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Board of Adjustment for a reversal of the Construction Official's decision.
E. 
Revocation of permits. If it shall appear, at any time, to the Construction Official that the application or accompanying plat is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the said Construction Official. After the building permit has been revoked, the Construction Official may in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Borough of Bloomingdale, with sufficient surety conditioned for compliance with this ordinance and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
F. 
No permit shall be issued nor approval granted pursuant to the Zoning Chapter of the Borough of Bloomingdale if taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
[Amended 11-24-2020 by Ord. No. 33-2020]
A. 
New uses. After completion of the whole building or structure, and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Construction Official may require, and after actual inspection of the premises by the Construction Official or his duly authorized assistant, the Construction Official shall, upon finding the facts to be as represented, issue in duplicate, within 30 days, an occupancy permit certifying that the premises complies with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform to the requirements of this chapter.
B. 
Changes in use. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Construction Official for an occupancy permit, setting forth, under oath, such facts as the Construction Official may require. A copy of the occupancy permit shall be kept at all times upon the premises affected and shall be displayed upon request made by any Construction Official, Borough Fire Officer or Police Officer.
C. 
A record shall be kept of all occupancy permits issued, and the original application therefor shall be kept on file in the same manner as applications for building permits.
D. 
No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after December 27, 1960, without first procuring an occupancy permit, provided that an occupancy permit once granted shall continue in effect as long as there is no change of use, ownership or occupancy.
Following December 27, 1960, the Planning Board shall prepare and file with the Borough Council, but in no case at less than two-year intervals, a report on the operation of this chapter, including recommendations as to enactment of amendments, supplements or changes thereto.
A. 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regards thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon.
B. 
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinances or regulations made under authority conferred hereby, the Borough Council, the Zoning Officer or other proper official, in addition to other remedies, 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 violations; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.
C. 
Penalties. Any person, firm, association, partnership, corporation or other legal entity who or which, acting alone or in association with others, violates any provision of this chapter shall, for each such violation, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment for not more than 90 days, or both. Each day that a violation continues shall constitute a separate offense.