Building or Structure Nonconforming by Use
408. Building or Structure Nonconforming by Use
A. Continuance of Use Nothing in this Ordinance shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.
B. Maintenance and Repair A building or structure containing a Nonconforming use may be maintained repaired and renovated except when the cost of repairs/renovations exceed 75% of the appraised value of the property as determined by the most recent publication of the North Providence Tax Roll.
C. Moving A building or structure containing a Nonconforming use shall not be moved in whole in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.
D. Addition and Enlargement A building or structure containing a Nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.
E. Expansion A Nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.
F. Intensification A Nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this Section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of this Article.
G. Change of Use (1) Within any zone, a nonconforming use shall only be changed to a permitted use. A Nonconforming use, if changed to a permitted use, may not be changed back to a Nonconforming use.
(2) Within any C or M Zone, a Nonconforming use may be changed to a permitted use, or may be changed to a different Nonconforming use by special use permit in accordance with this Article. A Nonconforming use, if changed to a permitted use, may not be changed back to Nonconforming use.
H. Abandonment If a Nonconforming use is abandoned, it may not be reestablished. 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 the owner can demonstrate an intent not to abandon the use. An involuntary interruption of Nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the Nonconforming use. However, if any Nonconforming use is halted for presumed to have abandoned the Nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.