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North Smithfield
Town of North Smithfield Zoning Ordinance
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§ 4.4

Nonconforming structures

Sec. 4.4. Nonconforming structures.

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on areas, lot coverage, height, yards, its location on the lot, or other dimensional requirements concerning the structure, such structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:

  • (a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity.

  • (b) An involuntary interruption of a nonconforming structure, such as by fire and natural catastrophe does not establish the intent to abandon the nonconforming structure.

  • However, if any nonconforming structure is vacant for a period of one (1) year, the owner of such nonconforming structure will be presumed to have abandoned such nonconforming structure, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the structure.

  • (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.