In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of public safety, convenience, prosperity and general
welfare.
[Amended 9-8-1971 by Ord. No. 1971:224; 3-13-1985 by Ord. No. 1985:491; 9-12-2001 by Ord. No. 2001:848]
A. No building hereinafter erected or altered shall be
occupied or used, in whole or in part, for any use whatsoever, and
no property shall be used and no change of use shall hereafter be
made of any building or part thereof or any premises used until a
certificate of zoning approval has been issued by the Zoning Officer
indicating that the building complies with the provisions of this
chapter.
B. When any structure or building or premises have been
used or occupied for a use which constituted a nonconforming use and
such use is discontinued or such occupancy ceases, then no person
shall thereafter occupy or use said structure or building or premises
for any use whatsoever until a certificate of zoning approval has
been issued by the Zoning Officer indicating that the proposed occupancy
or use is authorized and complies with the requirements of this chapter.
C. Existing buildings. Upon request from an owner of
an existing building or structure, the Zoning Officer shall issue
a certificate of continued zoning approval, provided that there are
no violations of law or orders of the Zoning Officer pending and it
is established after inspection and investigation that the alleged
use of the building or structure has heretofore existed. The certificate
of continued zoning approval shall evidence only that a general inspection
of the visible parts of the building has been made and that there
are no apparent violations of the regulations. Nothing in this provision
shall prevent the continued use and occupancy of any such lawfully
existing building or structure.
[Amended 9-12-2001 by Ord. No. 2001:848]
A. Application for such certificate of zoning approval
shall be made upon forms to be obtained from the Zoning Officer, which
application form shall include an endorsement of approval, where necessary
as hereinafter specified, for the issuance of such certificate of
zoning approval by each of the following:
(1) The Borough Engineer, in all cases where the building
is being erected in a section where new roads, sidewalks, drains or
other public improvements are being installed.
(2) The Plumbing Inspector, in all cases where the building
includes the installation of plumbing or sanitary facilities.
B. Upon presentation of such application, properly endorsed
to the Zoning Officer, the issuance of such certificate of zoning
approval shall be granted or denied within 10 days from the date of
the application therefor.
[Amended 10-13-1971 by Ord. No. 1971:226; 4-11-1973 by Ord. No. 1973:246; 1-3-1994 by Ord. No. 1993:663]
The Zoning Officer shall collect a fee for the issuance of certificates of occupancy in accordance with the sums set forth in Chapter
A301, Fees and Deposits.
[Added 8-9-1972 by Ord. No. 1972:235; amended 1-3-1994 by Ord. No. 1993:663]
Whenever any exception or variance is granted
or recommended by the Board of Adjustment pursuant to the provisions
of N.J.S.A. 40:55D-70 or whenever the Mayor and Council of the Borough
of Closter approve a recommendation for a variance pursuant to the
provisions of N.J.S.A. 40:55D-70d, any such exception or variance
shall expire and become null and void and of no effect one year after
the date of such approval unless the applicant has commenced construction
upon the property for which such exception or variance was granted
or approved or has commenced construction, alteration or conversion
upon a building on such property for which such variance or exception
was granted or approved.
The Mayor and Council may from time to time,
on their own adoption or on petition, after public notice and hearing,
amend, supplement or change the regulations and districts herein established
and adopt rules and regulations for the purpose of interpreting and
carrying this chapter into effect. Every such proposed amendment,
supplement or change shall be referred by the Mayor and Council to
either the Board of Adjustment or any Planning Board which may be
legally in existence at that time for the purpose of investigation
and report. The recommendation sent to the Mayor and Council shall
be advisory only.