Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #585, § 404A]
a. 
Any lawful nonconforming use which existed on the date of adoption of this chapter may be continued upon the lot or in the structure so occupied, provided that no nonconforming use which has been changed to a conforming use shall thereafter be changed back to a nonconforming use and no nonconforming use shall be changed to another nonconforming use.
b. 
Any structure containing a nonconforming use on the date of adoption of this chapter shall not be enlarged unless the use is changed to a conforming use.
c. 
Any lot containing a nonconforming use on the date of adoption of this chapter may be enlarged, providing that the land area devoted to or occupied by the nonconforming use shall not be extended or enlarged.
[Ord. #585, § 404B; Ord. #760, § 13; Ord. #1869, 5-9-2006, amended; Ord. #2000, § 1, 4-23-2008, amended]
a. 
Any structure which meets the use requirements of this article and is nonconforming because of any of the following: lot area, width, frontage, height, FAR, coverage and/or yard regulations, may be enlarged without an application to the Zoning Board of Adjustment provided any nonconforming height, FAR or coverage are not made further nonconforming by the enlargement. Any addition to a nonconforming structure shall comply with all yard requirements.
b. 
Any structure which meets the use requirements of this article and is nonconforming because of any of the following: lot area, width, frontage, height, FAR, coverage and/or yard regulations, may be restored or repaired in the event of partial destruction thereof without an application to the Zoning Board of Adjustment. For the purposes of this section, if a structure is substantially totally destroyed, then such destruction exceeds partial destruction and the structure may not be restored or repaired except in accordance with all current requirements of this chapter. In determining whether a structure has been substantially totally destroyed, a factor for consideration shall be (a) whether reconstruction (as defined in N.J.A.C. 5:23-6.3) of the structure will be such that, given the extent and nature of the work, the work area (as defined in N.J.A.C. 5:23-6.3) of the structure cannot be occupied while the reconstruction work is in progress; and (b) whether a new certificate of occupancy is required before the work area can be reoccupied.
[Ord. #585, § 404C]
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure containing a nonconforming use.
[1]
Editor's Note: Former Subsection 21-11.4, Replacement of Nonconforming Uses, (Ord. #1103, § 17) was repealed by Ord. #2000, § 1, 4-23-2008.