Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, 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 uses a position of unfair advantage. It is a fundamental principle of this article that nonconformities may be continued as allowed by this chapter. It is also the intent of this chapter that existing nonconformities shall not be a reason for authorizing uses prohibited in the same zoning district.

This article shall apply to the following nonconformances in any zoning district:

A nonconforming use may be continued so long as it remains otherwise lawful, and does not cause any adverse impacts to surrounding uses, subject to the restrictions of this section.

(Reserved)[1]

A nonconforming use may occupy any parts of a structure which were designed for such use at the time of the adoption of this chapter.

A nonconforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the time of adoption of this chapter.

A nonconforming use which has been abandoned in accordance with § 255-830 for a period of more than one year shall not be resumed unless it conforms with the provisions of this chapter.

Any structure containing a nonconforming use which is destroyed or damaged in any manner or from any cause whatsoever to the extent of 75% of its current market value at the time of such damage, as determined by the Building Inspector, shall not be repaired or rebuilt except in conformity with the provisions of this chapter. In determining restoration cost, the cost of the land or factors other than the cost of the structure itself shall not be included.

A nonconforming use shall not be changed to another nonconforming use.

If a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

Any structure containing a nonconforming use shall be properly maintained in good repair provided that such work does not enlarge or extend any nonconforming use.

A nonconforming structure may be continued provided that it conforms to the requirements of this section.

(Reserved)

Any nonconforming structure may be altered to decrease its nonconformity.

A nonconforming structure which is demolished or removed in whole or in part by the voluntary and lawful action of the owner or other authorized party shall not be rebuilt or replaced unless it conforms with this chapter.

Any nonconforming structure shall not be moved in whole or in part unless such structure conforms to the requirements of the district in which it is to be located.

Any nonconforming structure located in an industrial or commercial zone which is damaged by any manner or cause whatsoever in excess of 75% of its current market value shall not be repaired or replaced except in conformity with this chapter. The Building Inspector or Zoning Enforcement Officer shall determine the restoration cost of the damaged structure. In determining this cost, only the cost of the structure itself shall be considered. If the extent of damage is less than 75%, the structure may be repaired and rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-610.

Any nonconforming residential structure located in a residential district which is damaged or destroyed by other than the voluntary and lawful action of the owner or other authorized party may be repaired or rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-600.

Minimum building setbacks, lot frontage and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example only - if the lot area of a substandard lot only meets forty percent (40%) of the minimum lot area required in the district in which it is located, the setbacks, frontage and width shall each be reduced to forty percent (40%) of the requirements for those dimensional standards in the same district.

Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example only - if the lot area of a substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot building coverage in that district.

All proposals exceeding such reduced requirement shall proceed with a modification request pursuant to R.I. Gen. Laws § 45-24-46 or a dimensional variance request pursuant to R.I. Gen. Laws § 45-24-41, whichever is applicable.

The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred feet (200 ft) of the subject lot, as confirmed by the Zoning Enforcement Officer, which shall be supported by the submission of a Compilation Survey of the property as prepared by a Rhode Island Registered Professional Land Surveyor, as submitted by and at the expense of the property owner.

Adjacent nonconforming lots of record under common ownership in Rural Residential Zone; exemption from merger provision. Two or more adjacent nonconforming lots of record or parcels of land under the same ownership on the effective date of this subsection, June 26, 2000, in an RR-2, RR-3, or RR-5 Zone shall not be merged for the purpose of this chapter pursuant to § 255-880A of the Code, provided that the adjacent nonconforming lots of record or parcels of land conformed to the minimum two-acre dimensional requirements in effect after May 4, 1981, and provided that they were lawfully created and recorded.

Nothing in this section shall be construed as exempting such adjacent nonconforming lots of record from complying with the maximum percentage of lot coverage of principal and accessory buildings, maximum building height and accessory building setback requirements, as required in § 255-600 of the Code for the zoning district in which such lot is located. Any lots meeting those requirements shall be considered as a conforming lot of record for single-family residential purposes.