A building, structure or the use of land was lawfully established if it was in existence prior to December 8, 1968, or was established in conformance with the zoning ordinance in effect at the time the use was established. A lot was lawfully established if it was of record or shown on a recorded plat prior to December 8, 1968, and was separately owned. All other lots that were not lawfully established are not protected by this section.

A use of land or use of a building or structure which is in nonconformance with the requirements of this ordinance pertaining to use is nonconforming by use. A nonconforming use which exists by virtue of a variance or special use permit (formerly special exception) granted by the board shall not be considered a nonconforming use for the purposes of this section. Such use shall be considered a use by variance or special use permit and any moving, addition, enlargement, expansion, intensification or change of such use to any use other than a permitted use shall require a further variance or special use permit from the board.

A building or structure or parcel of land which is in nonconformance with the dimensional regulations of this ordinance is nonconforming by dimension. Dimensional regulations include those regulations of this ordinance not pertaining to use.

A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this ordinance, but not meeting the area and dimensional requirements, shall be nonconforming by dimension.

A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this section. Where the regulations conflict, the most restrictive regulations shall apply.

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the city, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this ordinance for themselves, or for any other properties.

206.1. Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

206.2. Continuance of use. Nothing in this ordinance shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.

206.3. Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.

206.4. Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

206.5. Addition and enlargement. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.

206.6. Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.

206.7. Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of section 206.6.

206.8. Change of use.

(A)

Residential zones. Within any residential zone, a nonconforming use shall only be changed to a permitted use or to the same use code listed under article III. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use. No mixed uses are allowed in an R zone.

(B)

Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, to the same use code listed under article III, or may be changed to a different nonconforming use by special use permit in accordance with section 908. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

206.9 - Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of intent to abandon and some overt act, or failure to act, which would lead one to believe that the owner neither claims nor retains any interest in continuing the nonconforming use unless said owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire or natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of 12 months, the owner of such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.

State Law reference— Authority to so provide, G.L. 1956, § 45-24-39(c).

Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this ordinance. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the city, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this ordinance for themselves or for any other property.

207.1 - Continuance. Nothing in this ordinance shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.

207.2 - Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

207.3 - Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

207.4 - Addition and enlargement. A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located.

207.5 - Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

207.6 - Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.

207.7 - Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

207.8 - Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in section 206.9. If such building or structure is involuntarily demolished, destroyed, or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

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

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

209.1. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.

209.2 - Merger of undersized lots. Lawfully established contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership shall be merged together to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. Said lots shall be so merged, as of September 12, 2005 the effective date of the amendment to this Zoning Ordinance.

209.3 - Lawfully established merged lots. Any lawfully established lots which have been merged and shown on the assessor's plats as one lot shall not be divided unless in conformance with the dimensional regulations of this ordinance.

209.4 - Development of residential substandard lots of record. If a residentially zoned lot of record at the time of passage of this ordinance does not contain sufficient lot area to meet all dimensional requirements of the district in which it is located, but does contain sufficient area to meet all setback and parking requirements of such district, the building inspector may issue a building permit for the construction of one single-family dwelling only. Said permit shall be issued only upon the determination by the zoning officer that the substandard lot is not a candidate for merger under subsection 209.2.

State Law reference— Substandard lots of record, G.L. 1956, § 45-24-38.

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of article VIII.

210.1 - Addition, enlargement, expansion and intensification—Nonresidential uses. A nonresidential building or structure nonconforming by parking may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of article VIII for such addition, enlargement, expansion or intensification.

210.2 - Addition, enlargement, expansion and intensification—Residential uses. Any residential building or structure nonconforming by parking may not be added to, enlarged, expanded or intensified unless brought into full compliance with the parking requirements of article VIII, such that sufficient parking is provided for the entire structure, including the original portion and the addition, enlargement, expansion or intensification.

210.3 - Change of use. A building or structure nonconforming by parking may be changed to a different use, pursuant to all other provisions of this ordinance, provided that such use meets the parking requirements [of article VIII]. The number of additional parking spaces supplied shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this ordinance for the new use are provided.

A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the board, shall not be considered a nonconformance for the purpose of this section, and shall not acquire the rights of this section. Rather, such building, structure, sign, parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this ordinance, shall require a further variance or special use permit from the board.