[1969 Code § 88-34; Ord. No. 1978-6]
The lawful use of land, buildings, or structures existing when
this chapter was adopted may be continued although they may not conform
to this chapter provided, however, that none shall be enlarged, extended,
relocated, converted to another use, or altered, except in conformity
with this chapter, except as permitted below. Land on which a nonconforming
use or structure is located shall not be reduced in size, nor shall
any lot already nonconforming be made more nonconforming in any manner.
[1969 Code § 88-35; Ord. No. 1978-6]
A nonconforming use shall be considered abandoned: a. if it
is terminated by the owner; b. if a nonconforming use involving a
building or structure is discontinued for 12 consecutive months; or
c. if a nonconforming use of land not involving a building or structure
is discontinued for a period of six months. The subsequent use of
the abandoned building, structure and/or land shall be in conformity
with this chapter.
[1969 Code § 88-36; Ord. No. 1978-6]
Any nonconforming building, structure, or use may be changed
to conform to this chapter, but shall not be changed back to a nonconforming
status.
[1969 Code § 88-37; Ord. No. 1978-6]
a.
Any nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm, or act of God, shall
be examined by the following three people: a. the Construction Official;
b. the owner or an architect or engineer selected by the owner; and
c. a third person agreed to by the Construction Official and the owner
whose fee shall be agreed to and shall be paid in equal portions by
the Borough and the owner. If in the opinion of the majority of the
above three people, the value of repairing the condition is greater
than 50% of the value of replacing the entire structure, it shall
be considered completely destroyed and may be rebuilt to the original
specifications only upon approval of a use variance as provided by
State statues.
b.
Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided it does not exceed the height, area and volume of the original
structure.
c.
The percent damaged shall be the current replacement costs of the
portion damaged or condemned computed as a percentage of the current
total replacement cost of the entire structure, neither to include
the cost of the foundation.
[1969 Code § 88-38; Ord. No. 1978-6]
Repairs and maintenance may be made to a nonconforming use,
structure, or lot provided the repair and maintenance work do not
change the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose, or increase
the nonconformity in any manner.
[1969 Code § 88-39; Ord. No. 1978-6]
Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
[1969 Code § 88-40; Ord. No. 1978-6]
Any structure on a nonconforming lot or a structure on a conforming
lot which violates any yard requirements may have additions to the
principal building and/or construct an accessory building without
an appeal to the Board of Adjustment provided the total permitted
building coverage is not exceeded and the accessory building and/or
the addition to the principal building do not violate any other requirements
of this chapter.
[1969 Code § 88-40.1; Ord. No.
1978-6]
No person, firm or corporation who is the owner of any lands
and premises located in any residential district in the Borough of
Elmwood Park who permits the same to be used or occupied in excess
of the residency requirements of the zone in which the lands and premises
are located shall be subject to a fine in the Municipal Court of the
Borough of Elmwood Park for the first offense of $100; for a second
offense, in the sum of $500 and/or imprisonment in the County Jail
for a term not to exceed 30 days; and for a third and subsequent offense,
a fine of $500 and imprisonment in the County jail for a term not
to exceed 30 days.
[Ord. No. 10-14 § 6]
Any two-family dwelling that is nonconforming as to area or bulk standards and located on a lot in the R-5 Zone of less than 7,500 square feet, and that exists at the time of passage of this amendment to Chapter 34 (adopted August 19, 2010) shall be permitted to continue with all the rights and privileges of a permitted use in this zone.
