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North Smithfield
Town of North Smithfield Zoning Ordinance
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§ 4.5

Nonconforming uses of structures or of structures and premises in combination

Sec. 4.5. Nonconforming uses of structures or of structures and premises in combination.

If lawful use involving individual structures or of structure and premises, in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

  • (a) No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Alterations to remove code violations shall be permitted.

  • (b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building;

  • (c) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special-use permit be changed to another nonconforming use provided that the Board, or by making findings of fact in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

  • (d) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

  • (e) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned as in section 4.3(c), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

  • (f) Where nonconforming use status applies to a structure and premises in combination, voluntary removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than ninety (90) percent of the replacement cost at time of destruction.