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Bayonne City Zoning Code

§ 35-16.1

Intent.

[Ord. No. O-95-12 § 33-6.1]
Within the districts established by this chapter or amendments that may later be adopted there exist:
a. 
Lots;
b. 
Structures;
c. 
Uses of land and structures, which were lawful before this chapter was passed or amended, but which are prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
After the effective date of this chapter, the nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the planned construction, or designated use of any building on which actual construction has been commenced and carried on diligently prior to the effective date of this chapter. Actual construction is hereby defined to include the placing of construction materials permanently and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently to conclusion. All of the above provisions shall not apply unless a valid site plan has been approved by the appropriate City agency and such approval is still in effect.