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Burrillville
Town of Burrillville Zoning Ordinance
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§ 30-73

Nonconformance

  • (a) Legal nonconforming uses. A legal nonconforming use is any use of land or of any structure which was in lawful use at the time of passage of this chapter, but which is not in conformity with this chapter. Legal nonconforming uses include both those nonconforming by use and those nonconforming by dimension.

    • (1) Continuation. Any legal nonconforming use shall be permitted to continue until such time as use is discontinued, destroyed, demolished or changed to another use.

    • (2) Abandonment. If a legal nonconforming use is abandoned, it shall not be allowed to be resumed, and any future use of the building or land must conform to the provisions of this chapter. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless said owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire or natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if the nonconforming use is halted for a period of one year, the owner of such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.

    • (3) Reconstruction. If a legal nonconforming use is destroyed by accident or by natural catastrophe, such structure may be restored, provided the total floorspace and location on the lot are not altered or increased, and provided that reconstruction of damaged buildings shall commence within 24 months of the date of damage. If such a structure is demolished at the direction of the owner or at the direction of the minimum housing officer or appropriate official, it may not be reestablished, and any future use of the site or lot must conform to the provisions of this chapter.

Nothing herein shall prevent the performance of normal maintenance work, or work necessary to comply with safety codes, in a legal nonconforming use.

    • (4) Enlargement. The area of a legal nonconforming use shall not be enlarged unless allowed as a variance by the board under the provisions of section 30-34(d).

    • (5) Alteration. A legal nonconforming use which is nonconforming by dimension may be altered, but not enlarged, upon a finding by the zoning enforcement officer that such alteration does not constitute an enlargement and there is no change of use. A legal nonconforming use which is nonconforming by use may be altered subject to the issuance of a special use permit provided that the zoning board of review finds:

      • a. The alteration does not constitute an enlargement;

      • b. The new use is not more nonconforming than the original use;

      • c. The proposed alteration is in harmony with the purposes and intent of the comprehensive plan and this zoning chapter;

      • d. The proposed alteration shall serve the public convenience; and

      • e. The proposed alteration shall not be injurious to the surrounding neighborhood nor create conditions which will be inimical to the public health, safety, morals and general welfare of the community.

  • (b) Substandard lots of record. The Town of Burrillville is primarily a residential community with substantial areas of land that are not served by public water and/or public sewer system. In addition, substantial areas of developed and undeveloped land within the town are located in aquifer overlay zones. In keeping with the land use goals contained in the comprehensive plan, including that to preserve the essential character of the community, and to ensure that future development is compatible with adjoining land uses, the natural environment, community services and existing historic and cultural features, the merger provisions of subsection 30-73(b) hereof shall apply to all areas within the town. On a district-by-district basis, the following standards shall also apply.

    • (1) Single lot. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not adjacent or abutting with other lots in the same ownership. Such lot shall have a minimum area of 7,500 square feet and minimum width of 75 feet. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

      • a. Minimum building setbacks, lot frontage and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width requirements from the zoning district in Burrillville in which the subject lot would be conforming as to lot area. By way of example, if a lot is 14,000 SF and located in the R-20 zoning district, the dimensional requirements for the R-12 zoning district (12,000 SF minimum lot size) shall apply. If the subject lot is not conforming as to lot area in any of Burrillville's zoning districts, the setbacks, lot frontage and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the minimum lot area required in the district in which it is located, the setbacks, frontage and width shall each be reduced to 40 percent of the requirements for those dimensional standards in the same district.

      • b. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.

All proposals exceeding such adjusted requirements shall proceed with a modification request under section 30-33 or a dimensional variance request under subsection 30-34(d), whichever is applicable.

Further, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet the minimum lot size requirements of the district in which such lot is located.

    • (2) Two or more lots.

      • a. Merger of multiple lots of record in non-residential zones. Adjacent lawfully established contiguous unimproved, or unimproved and improved, lots of record in the same ownership, in the GC, VC, GI, and LI zones which have less than the minimum area or frontage requirements shall not be merged together, and may be separately developed, provided however, that such lots must be serviced by both public sewer and water and that any such development must meet all dimensional requirements, other than minimum lot area and frontage, of this chapter. If such lots are not serviced by both public sewer and water, then they shall be deemed to be merged into one lot and shall not be divided except in conformance with all requirements of this chapter.

      • b. Merger of multiple lots of record in residential zones. Adjacent lawfully established contiguous unimproved, or improved and unimproved, lots of record in the same ownership in the F-5, F-2 R-40, and R-20 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. No portion of said parcel shall be used or transferred in a manner which diminishes compliance with lot frontage or area requirements established by this chapter. Any such merged lot shall not be divided, except as follows:

        • 1. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and

        • 2. All such resulting lots must meet all dimensional requirements of this chapter, except as follows:

          • • In the F-5 zone, if after subdivision into as many five-acre lots as possible, there remains a lot of 3.75 acres or more, with a minimum frontage of at least 225 feet, it may be created.

          • • In the F-2 zone, if after subdivision into as many two-acre lots as possible, there remains a lot of 1.5 acres or more, with a minimum frontage of at least 175 feet, it may be created.

          • • In the R-40 zone, if after subdivision into as many 40,000 square foot lots as possible, there remains a lot of 30,000 square feet or more, with a minimum frontage of at least 150 feet, it may be created.

          • • In the R-20 zone, if after subdivision into as many 20,000 square foot lots as possible, there remains a lot of 15,000 square feet or more, with a minimum frontage of at least 112.5 feet and the lot can be serviced by the public water and sewer system, it may be created.

      • c. Adjacent lawfully established contiguous unimproved, or improved and unimproved lots in the same ownership in the OS and R-12 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided except as follows:

        • 1. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and

        • 2. All resulting lots must meet all dimensional requirements of this chapter, including without limitation, the minimum lot area and frontage requirements.

      • d. Adjacent lawfully established contiguous unimproved, or improved and unimproved lots in the same ownership in any aquifer overlay zone which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided except as follows:

        • 1. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and

        • 2. All such resulting lots must meet all dimensional requirements of the chapter, except as follows:

          • • In the A-120 zone, if after subdivision into as many 120,000 square foot lots as possible, there remains a lot of 90,000 square feet or more, with a minimum frontage of only 175 feet, it may be created.

          • • In the A-100 zone, if after subdivision into as many 100,000 square foot lots as possible, there remains a lot of 75,000 square feet or more, with a minimum frontage of only 162.5 feet, it may be created.

          • • In the A-80 zone, if after subdivision into as many 80,000 square foot lots as possible, there remains a lot of 60,000 square feet or more, with a minimum frontage of only 150 feet, it may be created.

      • e. In all zones, the merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

  • (c) Previously approved lots. If any such lots are shown on a plat approved by the chairman of the town planning board, which approval was in writing and recorded in the office of the town clerk subsequent to July 27, 1973, said lots shall not be merged provided that any such lots in a residential or farming district which are also in any aquifer overlay district shall be serviced by town sewer and water in order to be considered not merged.

(Ord. of 3-24-1999(1); Ord. of 4-12-2000; Ord. of 8-28-2002; Res. of 9-24-2003; Ord. of 5-27-2009; Ord. No. 12-13-2023(2); Ord. of 2-26-2025(2))