Berkeley Township City Zoning Code
ARTICLE XVI
Continuance of Use; Abandonment; Reversion
§ 35-135 CONTINUANCE.
[Ord. No. 94-29 § 118-21; Ord. No. 09-15-OA § 9]
a.
Nonconforming Use. Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter (ordinance[1]) or amendment may be continued although such use does not conform to the regulation specified by this chapter for the zone in which such use is located, provided, however:
1.
That a nonconforming use shall not be replaced by another nonconforming use;
2.
That a nonconforming use shall not be expanded through an increase in floor area, density, building coverage or lot coverage, or hours of operation.
[1]
Editor's Note: This chapter was adopted by Ordinance 94-29 on July 1, 1994, and as further amended and supplemented.
b.
Nonconforming Lot or Building. Except as otherwise provided in this section, a lot or building that is rendered nonconforming upon the adoption or amendment of this chapter may be continued provided that:
1.
No nonconforming lot shall be further reduced in size; and no building that is nonconforming with one or more of the yard requirements of the zoning district may be enlarged, extended or otherwise increased within the area of nonconformity. However, such enlargement or extension that occurs within an area of the building that conforms with the height and bulk requirements of the zoning district is permitted, whether or not the subject lot conforms to the minimum lot size requirements.
§ 35-136 ABANDONMENT.
[Ord. No. 94-29 § 118-21.1]
A nonconforming use shall be deemed abandoned when there occurs such overt act as evidences an intent by the owner or the tenant to cease such prior use or activity. In any event, where an owner or tenant ceases such prior use or activity and fails to reinstate same within a period of one year from the date of cessation or discontinuance, same shall be conclusive evidence that there in fact has been an abandonment. In either of the aforesaid events such use shall not be thereafter reinstated and the structure shall not be reoccupied except in conformance with the chapter.
§ 35-137 RESTORATION.
[Ord. No. 94-29 § 118-21.2]
If any nonconforming structure is damaged by fire or any other natural cause it may be restored or repaired in the event of partial destruction thereof. However, any addition, expansions or new site improvements shall be built in conformance with this chapter only after application to the appropriate Board for site plan approval and variances, if required.
§ 35-138 REVERSION.
[Ord. No. 94-29 § 118-21.3]
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
§ 35-139 ALTERATIONS.
[Ord. No. 94-29 § 118-21.4]
A nonconforming building may be altered or improved, provided the alteration or improvement does not amount to a substantial increase or a nonconforming use; but if such alterations or improvements involve any increase in lands so used or in the cubic content of the building so used, the permit for the alteration or improvement shall be issued only upon variance granted in accordance with law.