Barrington City Zoning Code

ARTICLE IX

Nonconforming Uses and Structures

§ 185-30 Existing nonconforming development and adaptive reuse.

[Amended 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

Nonconforming uses and structures are incompatible with and detrimental to permitted uses and structures in the zoning districts in which they are located. They cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties and confer upon their owners and users a position of unfair advantage. It is a fundamental principle of this article that nonconforming uses may be continued, but shall not be increased or changed to any use other than a conforming use unless a special use permit or use variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Existing nonconforming uses and structures shall not constitute cause for further departures from the provisions of this chapter for any other properties in the vicinity.

Adaptive reuse.

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.

Eligibility.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

Density calculations.

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre, except where the developer proposes a project of lower density:

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

The development includes at least 20% low- and moderate-income housing.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable. The developer may propose a project of lower density.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

Dimensional requirements.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

Parking requirements.

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

The parking requirements set forth in Article XV shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

Allowed uses within an adaptive reuse project.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Article IV for the zoning district in which the structure is located.

Development and design standards. Site design shall be in accordance with the development regulations.

Procedural requirements.

The following categories of adaptive reuse projects shall require review as a minor land development project: (1) an adaptive reuse project of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; and (2) An adaptive reuse project located in a residential zone that results in less than nine residential units. All other adaptive reuse projects shall require major land development project review.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

The proposed residential density and the square footage of nonresidential uses.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

Specific and objective provisions.

The specific and objective criteria for adaptive reuse projects are set forth in the regulations.

§ 185-31 Continuance.

A lawful nonconforming use or structure shall be permitted to continue in the manner existing at the time of the passage of the ordinance rendering it nonconforming, until such use or structure is abandoned, demolished or otherwise discontinued by the voluntary action of the owner as described in § 185-34 and § 185-35 herein, except for lawful nonconforming signs which are subject to amortization pursuant to § 185-103.

§ 185-32 Change of use.

A nonconforming use shall not be changed to another nonconforming use, but may be changed only to a use that conforms to the regulations of the district in which it is located, unless a special use permit is obtained pursuant to Article XIV hereof. In addition, the Zoning Board of Review must made a determination that the proposed use will have the same or a lesser undesirable impact upon the surrounding area than the former nonconforming use. When a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

§ 185-33 Extension, addition or enlargement.

The following standards shall apply to the extension, addition to or enlargement of a use or structure that is nonconforming:

A legal nonconforming use of any structure shall not be extended within the existing confines of such structure, except into any portion which was arranged or designed for such nonconforming use prior to the effective date of the ordinance rendering such use or structure nonconforming. Any other extension, addition to or enlargement of a nonconforming use of a structure shall be allowed only after a special use permit is granted pursuant to the provisions and standards set forth in Article XIV hereof. Any increase in the volume or intensity of use unaccompanied by a structural change of the premises shall not be considered an extension, addition to or enlargement of a nonconforming use.

A legal nonconforming use of any parcel of land shall not be extended beyond that portion of the lot thus used, or otherwise expanded, unless a special use permit is obtained pursuant to the provisions set forth in Article XIV.

A legal nonconforming structure shall not be enlarged or extended unless a dimensional variance is obtained pursuant to the provisions and standards set forth in Article XIII hereof. However, any enlargement or extension which otherwise complies in all respects with the provisions of this chapter as to setback, height and other spatial requirements shall not be deemed to be an extension or enlargement of a nonconforming structure.

§ 185-34 Demolition, relocation or repair.

The following standards shall apply to the physical alterations of a structure which is nonconforming by use or by dimension:

If any nonconforming structure is demolished in a lawful manner, such structure shall not be rebuilt except in conformity with the regulations of the district in which it is located.

A nonconforming structure shall not be moved in whole or in part unless such structure is made to conform to all of the regulations of the district in which it is to be located.

Nothing herein shall prevent the performance of normal maintenance work and upkeep or routine repair of a lawful nonconforming building or structure.

§ 185-35 Abandonment.

A lawful nonconforming use of any land, premises, structures or combination thereof which has been abandoned shall not thereafter be used except in conformity with the regulations of the district in which it is located. Abandonment, as that term is used in this section, shall mean the following:

The discontinuance of the nonconforming use for a period of one year or more, and consisting of some overt act, or failure to act, which would lead one to reasonably believe that the owner of the nonconforming use or structure neither claims nor retains any interest in continuing the nonconforming development.

Failure to apply for or the lapse of any permit, license or certification required for continuation of the use, or failure to appeal the denial of any such permit, license or certification.

Failure to maintain the site, building or structure in habitable, usable or safe condition, or failure to protect said building or structure from the natural elements.

In all such cases, the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or the structure.

§ 185-36 Involuntary interruption.

An involuntary interruption of a nonconforming use, or the destruction of a nonconforming structure or nonconforming portion of a structure, such as by fire or natural catastrophe, does not establish the requisite intent to abandon the nonconforming use or structure. However, if action to restore such use, or repair or replace such structure, is not commenced within a period of one year, then the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or structure.

§ 185-37 Prior illegal establishment/uses established by variance or special use permit.

Any use or structure illegally established prior to the effective date of this chapter or subsequent amendments thereof shall not become legally established or a legal nonconforming use by virtue of such an enactment or subsequent amendment. A use established by variance or special use permit shall not acquire the rights of nonconforming uses under this article.

Barrington City Zoning Code

ARTICLE IX

Nonconforming Uses and Structures

§ 185-30 Existing nonconforming development and adaptive reuse.

[Amended 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

Nonconforming uses and structures are incompatible with and detrimental to permitted uses and structures in the zoning districts in which they are located. They cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties and confer upon their owners and users a position of unfair advantage. It is a fundamental principle of this article that nonconforming uses may be continued, but shall not be increased or changed to any use other than a conforming use unless a special use permit or use variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Existing nonconforming uses and structures shall not constitute cause for further departures from the provisions of this chapter for any other properties in the vicinity.

Adaptive reuse.

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.

Eligibility.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

Density calculations.

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre, except where the developer proposes a project of lower density:

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

The development includes at least 20% low- and moderate-income housing.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable. The developer may propose a project of lower density.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

Dimensional requirements.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

Parking requirements.

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

The parking requirements set forth in Article XV shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

Allowed uses within an adaptive reuse project.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Article IV for the zoning district in which the structure is located.

Development and design standards. Site design shall be in accordance with the development regulations.

Procedural requirements.

The following categories of adaptive reuse projects shall require review as a minor land development project: (1) an adaptive reuse project of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; and (2) An adaptive reuse project located in a residential zone that results in less than nine residential units. All other adaptive reuse projects shall require major land development project review.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

The proposed residential density and the square footage of nonresidential uses.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

Specific and objective provisions.

The specific and objective criteria for adaptive reuse projects are set forth in the regulations.

§ 185-31 Continuance.

A lawful nonconforming use or structure shall be permitted to continue in the manner existing at the time of the passage of the ordinance rendering it nonconforming, until such use or structure is abandoned, demolished or otherwise discontinued by the voluntary action of the owner as described in § 185-34 and § 185-35 herein, except for lawful nonconforming signs which are subject to amortization pursuant to § 185-103.

§ 185-32 Change of use.

A nonconforming use shall not be changed to another nonconforming use, but may be changed only to a use that conforms to the regulations of the district in which it is located, unless a special use permit is obtained pursuant to Article XIV hereof. In addition, the Zoning Board of Review must made a determination that the proposed use will have the same or a lesser undesirable impact upon the surrounding area than the former nonconforming use. When a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

§ 185-33 Extension, addition or enlargement.

The following standards shall apply to the extension, addition to or enlargement of a use or structure that is nonconforming:

A legal nonconforming use of any structure shall not be extended within the existing confines of such structure, except into any portion which was arranged or designed for such nonconforming use prior to the effective date of the ordinance rendering such use or structure nonconforming. Any other extension, addition to or enlargement of a nonconforming use of a structure shall be allowed only after a special use permit is granted pursuant to the provisions and standards set forth in Article XIV hereof. Any increase in the volume or intensity of use unaccompanied by a structural change of the premises shall not be considered an extension, addition to or enlargement of a nonconforming use.

A legal nonconforming use of any parcel of land shall not be extended beyond that portion of the lot thus used, or otherwise expanded, unless a special use permit is obtained pursuant to the provisions set forth in Article XIV.

A legal nonconforming structure shall not be enlarged or extended unless a dimensional variance is obtained pursuant to the provisions and standards set forth in Article XIII hereof. However, any enlargement or extension which otherwise complies in all respects with the provisions of this chapter as to setback, height and other spatial requirements shall not be deemed to be an extension or enlargement of a nonconforming structure.

§ 185-34 Demolition, relocation or repair.

The following standards shall apply to the physical alterations of a structure which is nonconforming by use or by dimension:

If any nonconforming structure is demolished in a lawful manner, such structure shall not be rebuilt except in conformity with the regulations of the district in which it is located.

A nonconforming structure shall not be moved in whole or in part unless such structure is made to conform to all of the regulations of the district in which it is to be located.

Nothing herein shall prevent the performance of normal maintenance work and upkeep or routine repair of a lawful nonconforming building or structure.

§ 185-35 Abandonment.

A lawful nonconforming use of any land, premises, structures or combination thereof which has been abandoned shall not thereafter be used except in conformity with the regulations of the district in which it is located. Abandonment, as that term is used in this section, shall mean the following:

The discontinuance of the nonconforming use for a period of one year or more, and consisting of some overt act, or failure to act, which would lead one to reasonably believe that the owner of the nonconforming use or structure neither claims nor retains any interest in continuing the nonconforming development.

Failure to apply for or the lapse of any permit, license or certification required for continuation of the use, or failure to appeal the denial of any such permit, license or certification.

Failure to maintain the site, building or structure in habitable, usable or safe condition, or failure to protect said building or structure from the natural elements.

In all such cases, the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or the structure.

§ 185-36 Involuntary interruption.

An involuntary interruption of a nonconforming use, or the destruction of a nonconforming structure or nonconforming portion of a structure, such as by fire or natural catastrophe, does not establish the requisite intent to abandon the nonconforming use or structure. However, if action to restore such use, or repair or replace such structure, is not commenced within a period of one year, then the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or structure.

§ 185-37 Prior illegal establishment/uses established by variance or special use permit.

Any use or structure illegally established prior to the effective date of this chapter or subsequent amendments thereof shall not become legally established or a legal nonconforming use by virtue of such an enactment or subsequent amendment. A use established by variance or special use permit shall not acquire the rights of nonconforming uses under this article.