Elmwood Park City Zoning Code
ARTICLE XII
Nonconformance
§ 34-48.1 Generally.
[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.
§ 34-48.2 Abandonment.
[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.
§ 34-48.3 Conversion to Permitted Use.
[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.
§ 34-48.4 Restoration.
[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.
§ 34-48.5 Repairs and Maintenance.
[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.
§ 34-48.6 Sale.
[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.
§ 34-48.7 Nonconforming Lots and Structures: Additions or Accessory Building.
[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.
§ 34-48.8 Violation and Penalty; Compliance with Residency Requirements.
[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.
§ 34-48.9 Nonconforming Lots in the R-5 Zone.
[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.