Bernardsville City Zoning Code
§ LD-12-26.1
Continuance of Nonconforming Use or Structures.
[Ord. No. 581 § 12-20.1; Ord. No. 816 § 1]
Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered subject to the following regulations:
a.
The structural alterations made in such residential building in a residential zone shall in no case result in the increase in floor area of the altered building exceeding that of the original. In no case should any alterations allow an intensification of the nonconforming use (e.g., one-family to two-family or two-family to three-family). In a nonresidential zone any alterations should not result in an increase of the floor area of an altered building.
b.
No structural alterations of an existing building shall be permitted which enlarge or extend the nonconforming use.
c.
No nonconforming use shall be extended at the expense of a conforming use.
d.
A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.
e.
A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to any other nonconforming use.
f.
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter, except such shall not apply to a nonconforming use because of height and area violations.