§ 26-86. NON-CONFORMING USES, STRUCTURES AND LOTS.

a.

Continuance of Existing Non-Conforming Uses and Structures. Any non-conforming use or structure which lawfully existed at the time of the passage of the ordinance codified in this article may be continued, and any existing legally non-conforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.

b.

Abandonment. A non-conforming use of a building or land, which has been abandoned, shall not thereafter be revived. A rebuttable presumption of intention to abandon a non-conforming use shall arise whenever any of the following circumstances are found to exist:

1.

The owner has made representations in any public forum that the (non-conforming) use of the property has been abandoned; or

2.

The intent to abandon is manifested by the conduct and/or statements of the owner AND is evidenced by an external act or omissions to act, which is consistent with such intent and contrary to any interest in preserving or continuing the non-conformance; or

3.

The property is vacant and is not the subject of any current development approvals and has been vacant and substantially unused and inactive for a period of twelve (12) months or more; or

4.

A cessation of operation or occupancy of any non-conforming use shall occur for a period of twelve (12) consecutive calendar months;

5.

The characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the non-conforming use; or

6.

Such non-conforming use has been replaced by a conforming use.

c.

Alteration, Extension or Enlargement of Non-Conforming Use or Structure.

1.

A non-conforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.

2.

No building in which a non-conforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

(a)

Nothing herein shall prevent the repair and maintenance of any building wherein there exists a non-conforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a non-conforming use.

(b)

Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a non-conforming use exists, provided that such non-conforming use will not be increased, extended or enlarged thereby.

(c)

Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is non-conforming.

3.

Structural alterations, internal rearrangements and renovations may be made in a building or structure which is non-conforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the non-conformance of said building or structure.

4.

A non-conforming use changed or altered to a conforming use may not thereafter be changed back to a non-conforming use.

d.

Restoration of Existing Buildings or Structures Non-Conforming Because of Use. Whenever a building or structure is non-conforming by reason of its use, such building or structure may be restored or repaired if less than eighty (80%) percent of the existing floor area is destroyed.

e.

Restoration of Existing Buildings or Structures Which are Non-Conforming for Reasons Other Than Use. Whenever a building is non-conforming because it fails to comply with any height, area, yard, off-street parking or requirements of this chapter, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing non-conformance.

f.

Non-Conforming Improved Lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and such improved lot is non-conforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:

1.

The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone.

2.

Any existing non-conforming setbacks from streets, side lot lines or rear lot lines shall not be made more non-conforming, but any improvement may maintain the same nonconforming setbacks; provided, however, that a minimum side yard of eight (8′) feet shall be maintained in the R-5 and R-7 zone districts, ten (10′) feet in the R-10 zone district and fifteen (15′) feet in the R-20 zone district.

3.

The Construction Official of the Borough of Sayreville is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.

(Ord. #637-99)