Browse another municipality →
City of East Providence
City of East Providence Zoning Ordinance
Read in full Download
§ 19-413

Alteration of nonconforming use

  • (a) No addition, enlargement, expansion or intensification in the extent of the nonconforming use of premises or land shall be made, unless a special use permit is authorized in accordance with the provisions of this chapter. The conversion of an accessory porch to living space shall be permitted by right.

    • (1) Special use permit criteria. In cases where addition, enlargement, expansion or intensification in the extent of a nonconforming use of premises or land is requested, the following criteria shall apply:

      • a. The proposed addition, enlargement, expansion or intensification shall be limited to no more than 25 percent of its existing size. Such expansions shall only be permitted one time; subsequent applications that exceed a total of 25 percent shall not be permitted.

      • b. The proposed use shall be found by the permitting authority to not have a negative impact on the surrounding area. Factors to be reviewed may include, but are not limited to impacts to area traffic, parking, public safety, environmental quality, stormwater management/flooding, provision of adequate utilities, noise, odor, lighting, historic preservation, and economic development. The zoning board of review or planning board under unified development review may require the submission of professionally prepared studies, reports and plans to inform their decision.

  • (b) A use established by variance or special use permit shall not acquire the rights of this section.

  • (c) Except as provided in this article, a nonconforming use shall be changed to a permitted use and once changed to a permitted use shall not thereafter be changed to a nonconforming use. A nonconforming use of land or of a structure shall not otherwise be changed to another nonconforming use that is substantially different in nature and purpose unless a variance is granted by the zoning board of review, with the additional finding that the proposed use will have a lesser undesirable impact on the surrounding area than the preceding nonconforming use.

(Rev. Ords. 1987, § 19-413; Ch. 914, § I(Att.), 12-19-23)