Nonconformance

[Amended 10-26-2020 by Ch. No. 1997]

[Amended 10-26-2020 by Ch. No. 1997]

• (1) Repairs and alterations. A building or structure devoted to a nonconforming use may be repaired, maintained or improved, provided that the number of square feet of floor area devoted to the nonconforming use is not increased.
• (2) Change in use. A nonconforming use may be changed only by special use permit, provided that such change shall more closely adhere to the intent and purposes of the Zoning Ordinance as provided in R.I.G.L. 45-24-40 entitled, "General Provisions - Alteration of Nonconforming Development". A nonconforming use may not be changed to a more intensive nonconforming use.
• (3) Abandonment.
  • (a) If a nonconforming use is abandoned, all subsequent uses of a building or property shall conform to the provisions of this Zoning Ordinance. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which evidences the owner's lack of intent to continue the nonconforming use and is not refuted by any demonstration on the part of the owner of an intent not to abandon the use. An involuntary interruption of nonconforming use, as by fire, flood or natural catastrophe, does not establish the intent to abandon the nonconforming use, if the use of land, a building, or a structure is reestablished within one year of the event. If any nonconforming use ceases for a period of one year or more, the owner will be presumed to have abandoned the nonconforming use unless such presumption is rebutted by substantial evidence of intent not to abandon the use.
  • (b) In discussing if a preexisting nonconforming use has been abandoned, the Zoning Official, and Zoning Board when necessary, may consider the following:
    • [1] Voluntary demolition of the building or structure;
    • [2] Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the use;
    • [3] Failure to maintain the land, building, structure or sign in habitable, usable or safe condition;
    • [4] A change in the use of the building, structure, or land to another use;
    • [5] The voluntary interruption of a nonconforming use of any parcel of land, or portion thereof;
    • [6] Failure to apply for or lapse of any permits, licenses or certifications required for continuation of the use, or failure to appeal any denial of any such permit, license or certification within 12 months of any such lapse or denial.

[Amended 5-9-2005 by Ch. No. 1538; 10-26-2020 by Ch. No. 1997]

• (1) Expansion. A structure which does not conform to the dimensional standards of this Zoning Ordinance may not be expanded, enlarged, or increased, including vertically, in any way that would increase the nonconformance of the structure without first obtaining a variance, except where the building footprint and the building envelope of such addition or enlargement itself conforms to all of the dimensional regulations of the zone in which the building or structure is located, in which case an owner/applicant does not need to apply for a variance.
• (2) Destruction or demolition. A nonconforming structure which is destroyed or damaged by any means which is beyond the control of the owner shall be rebuilt or restored within one year, or thereafter conform to the dimensional provisions of this Zoning Ordinance. If a nonconforming building or structure is demolished or removed by or for its owner, it shall not be rebuilt or replaced except in conformity with the dimensional requirements of this Zoning Ordinance.
• (3) Use of nonconforming structure. Notwithstanding any dimensional requirements of this Zoning Ordinance, a nonconforming structure may be used for any use allowed in the zoning district where it is located unless the regulations regarding the use contain specific dimensional requirements peculiar to the use which cannot be met in the existing structure or on the existing lot.
• (4) Vertical addition.
  • (a) A structure which does not conform to the dimensional standards of this Zoning Ordinance may be expanded vertically in accord with the procedure and standards for a dimensional modification under § 260-30, without regard to any limitations in § 260-30, if it also meets the following criteria:
    • [1] The structure's dimensional nonconformity is not expanded, enlarged or increased by the addition.
    • [2] The addition is vertical only.
    • [3] The expansion is for a permissible use within the zone.
    • [4] The addition conforms to the height restrictions within the zone.
  • (b) The application shall include a site plan and survey showing the structures on the subject lot as well as each abutting lot, which site plan and survey shall be stamped and dated by a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license.

[Added 5-9-2005 by Ch. No. 1538]

Editor's Note: This chapter also redesignated existing Subsections D through F as E through G, respectively.

• (1) Protection. A nonconforming lot of record, lawfully created in accordance with the Zoning Ordinance in effect at the time of the deed or plat creating the lot, or lawfully created by deed or plat prior to the enactment of any Zoning Ordinance, and not made more nonconforming since by any voluntary conveyance, may be built upon so long as dimensional requirements other than minimum lot size and minimum frontage requirements are met.
• (2) Merger. If two or more undeveloped contiguous lots of record are in single ownership at the time of adoption or amendment of this Zoning Ordinance, or at any time thereafter, and if all or part of the lots do not meet the minimum lot size or frontage requirement of this Zoning Ordinance, the lands involved shall be considered to be a single parcel for the purposes of this Zoning Ordinance, and no portion of said parcel shall be built upon which does not meet the minimum lot size and frontage requirements of this Zoning Ordinance; nor shall any division of the parcel be made which creates any dimension or area less than the requirements of this Zoning Ordinance. Notwithstanding the foregoing, this provision shall not apply to lots within an approved subdivision which meet the minimum dimensional and area requirements of the least restrictive zoning district under this chapter.