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)