Bayonne City Zoning Code
§ 35-16.4
Nonconforming Uses of Structures or of Structures and Premises in Combination.
[Ord. No. O-95-12 § 33-6.4]
If a lawful use involving individual structures or of structures and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following additional provisions:
a.
No existing structure devoted to such a nonconforming use shall be enlarged, extended, moved, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
b.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be reinstated.
c.
A nonconforming structure housing a nonconforming use which is partially destroyed by any means may be restored or repaired, provided that appropriate permits and site plan approvals are obtained. Destruction of less than 50% of the floor area existing at the time of the damage shall be presumed to be "partial" destruction.