SECTION 9. - NONCONFORMING STRUCTURES AND LAND BY USE AND BY DIMENSION

Footnotes:

--- (3) --- Editor's note— Ch. 1143, § 1, adopted March 16, 2026, amended the title of Section 9 to read as herein set out. The former Section 9 title pertained to nonconforming uses and structures.

9.1. - Nonconforming structures and land by use.#

Any use of a structure or land lawfully existing on the date of adoption of this ordinance which does not conform with the provisions of this ordinance shall be considered to be a nonconforming use. Nonconforming uses may be continued subject to the following restrictions:

(1)

Nonconforming use of land. Where no structure is involved, the nonconforming use of land may be continued, provided that:

a.

It is not enlarged or increased or extended to occupy a greater area of land than that which it occupies at the time of the adoption of this ordinance;

b.

The lot on which it is located is not reduced in size;

c.

It is not moved to any other portion of the lot or parcel of land which it occupies at the time of the adoption of this ordinance.

d.

It is not intensified by the creation of an additional conforming or nonconforming use of the property.

If a nonconforming use of land is abandoned, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this ordinance. 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 a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence to the zoning board of review of intent not to abandon the use.

No nonconforming use of the land shall be changed to another nonconforming use.

(2)

Nonconforming use of buildings or structures. The nonconforming use of a building or structure may be continued, provided that the building or structure is not enlarged, extended or reconstructed without the grant of a special use permit, except for such alteration, maintenance and repair work as is required to keep said building or structure in a safe condition or constitutes remodeling of the existing building or structure without substantial structural alterations. For purposes of this section, "substantial structural alteration" shall mean any alteration or repair costing in excess of 50 percent of the physical value of the structure. The physical value of the structure shall be calculated according to the methodology set forth in G.L. 1956, § 23-37.3 [or] section 106.5 of the state building code. Any structural alteration or repair which costs in excess of 50 percent of the physical value of a structure shall not be permitted without the grant of a special use permit.

No nonconforming use of a building or structure shall be changed to another nonconforming use within a different general use category as presented in section 6 of this ordinance without the grant of a special use permit.

If a nonconforming use of a building or structure is voluntarily demolished or removed by its owner without receiving a special use permit for its reconstruction as provided in section 10 of this ordinance, it may not be rebuilt or replaced except in conformity with all the provisions of this ordinance for the zone in which it is located, including the right to seek relief from the zoning ordinance.

If a nonconforming use of a building or structure receives a special use permit prior to action for demolition or removal, it may be rebuilt in conformity with the provisions of this ordinance including the right to seek relief from the zoning ordinance.

If a nonconforming use of a building or structure is damaged or destroyed by fire, explosion, act of God, or the public enemy, it may be rebuilt or restored and the nonconforming use continued provided that:

a.

The reconstructed building is no larger than it was before being damaged or destroyed;

b.

The reconstructed building does not result in any increase in the degree of nonconformity except to improve the setbacks from environmental features;

c.

The exterior appearance of the reconstructed building is substantially the same as that of the building which it replaces;

d.

An application for a permit for reconstruction is commenced within a reasonable time after the occurrence of the damage, and is diligently pursued until completed;

e.

Where the reconstruction can be accomplished so as to result in greater conformity with this ordinance, then it shall be so done;

f.

Where serviced by an onsite waste water treatment system (OWTS), approval must be granted by Rhode Island Department of Environmental Management;

g.

The reconstructed building must meet current FEMA and other building code regulations.

h.

The applicant shall have the right to seek relief from the zoning ordinance.

(3)

Nonconforming uses and structures. Notwithstanding any contrary provisions contained in this section or this ordinance, a legally nonconforming full service restaurant in an R-40, R-20, R-10, R-10A, BA, BB or IB zone, by special use permit, be permitted to hold a class B-limited alcoholic beverage license.

(Ch. 811(1), § 1(9.1), 3-4-2002; Ch. 840, § 2, 8-4-2003; Ch. 1143, § 2, 3-16-2026)

9.2 - Dimensional nonconformity.#

An existing building or structure that conforms in use, but does not conform to the lot area, yard dimension, height, land coverage, off-street parking or loading, or similar dimensional requirements of this ordinance, shall be deemed to be dimensionally nonconforming. (1)

No permit may be issued for enlargement or improvement that will result in the increase of any such dimensional nonconformity unless the owner/applicant obtains relief from the zoning ordinance. Any building or structure or any portion thereof may be altered to decrease its dimensional nonconformity. A permit may be issued for the enlargement or improvement of a structure that is dimensionally nonconforming if said enlargement or improvement will not increase the extent of the nonconforming dimension or need other relief from the zoning ordinance.

(2)

Destruction or demolition. A nonconforming structure which is destroyed or damaged by fire, explosion, act of God, or the public enemy may be rebuilt or restored within one year which includes the right to seek relief from the zoning ordinance, or thereafter conform to the dimensional provisions of this zoning ordinance.

(3)

If a dimensionally nonconforming building or structure is demolished or removed by its owner, it may not be rebuilt or replaced except in conformity with the dimensional requirements of this zoning ordinance unless the owner obtains relief from this zoning ordinance prior to demolition.

(Ch. 1143, § 3, 3-16-2026)

9.3 - Prior approvals.#

Nothing in this section 9, or in section 10 below shall be deemed to abridge or otherwise adversely affect rights and/or approvals established under prior zoning board decisions, modifications, special use permits, or staff approvals. However all previously existing expiration or action date shall remain in full force and effect.

All building permit and zoning applications filed as of the date of adoption of this ordinance shall be governed by the ordinance, as amended. Neither property owners nor applicants shall be required to submit new applications for any such building permit or zoning application.

(Ch. 1143, § 4, 3-16-2026)