Land nonconforming by development

404.1. Continuance. The lawfully established nonconforming development of land, where no building is involved, may be continued, provided that no such nonconforming development of land shall in any way be expanded or intensified either on the same or adjoining property.

404.2. Change of development. The nonconforming development of land shall not be changed to a different development, unless such development conforms to the development regulations of the zone in which it is located.

404.3. Private residential areas. An existing dwelling located on tax assessor's plat 305, lot 58 (Spring Green/Gaspee Point), plat 315, lot 136 (Cole Farm), plat 369, lot 111 (Buttonwoods Beach) and plat 380, lot 3 (Rocky Beach) may be enlarged or altered upon receipt of a building permit without approval from the zoning board of review being necessary; provided that such construction complies with current applicable building codes, private covenants/declarations, and the front and corner side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which it is located.

(Ord. No. O-94-34, § I, 12-19-94; Ord. No. O-23-24, § I, 12-20-23)

Editor's note— Ord. No. O-23-24, § I, adopted Dec. 20, 2023, amended § 404 and in doing so changed the title of said section from "Land nonconforming by use" to "Land nonconforming by development," as set out herein.