Cranston City Zoning Code
Chapter
17.88 NONCONFORMING USES AND STRUCTURES
§ 17.88.010 Substandard lots of record and lot mergers.
A.
"Substandard Lots of Record" Defined. A "substandard lot of record" is a lot which does not satisfy one or more dimensional requirements set forth in Section 17.20.120, but which was shown on a plat or deed recorded prior to January 1, 1966 or an approved plat recorded after January 1, 1966 which has otherwise been legally created and which has not been altered to become more nonconforming since its creation, except by approval of the city plan commission.
B.
Lot
Mergers.
1.
If two or more contiguous substandard lots of record are owned by the same person or entity as of January 1, 1966, or if one of any two abutting lots under common ownership by the same person or entity as of the same date is less than four thousand (4,000) square feet, such lots shall be considered to be combined to form conforming lots, unless the lot meets the exemption as outlined in subsection (3) below.
2.
In
the event that there are multiple contiguous substandard lots of record
with more than one way the lots could be merged, upon request of a
zoning certificate, the zoning official shall determine which lots
are merged. The determination shall be based upon factors including
but not limited to the existing improvements on site, natural conditions,
and/or the sum of the area and frontage of the substandard lots (those
lots whose sum is closest to the minimum required in the underlying
zoning district would be combined before lots with larger sums, all
other conditions being equal).
3.
Lots
having an area equal to or greater than the average of fifty percent
(50%) parcels within two hundred (200) feet of the lot need not be
so combined, as confirmed by the Zoning Enforcement Officer. Substandard
lots of record that are merged shall be considered merged for the
purposes of calculation of this provision. Non-buildable lots of record
and lots with zoning designations other than the subject lot shall
not be included in the calculation. Side corner lots and double frontage
lots may qualify for this exemption by measuring from any of its available
frontages, so long as that frontage becomes the primary front for
the subsequent development of the lot.
§ 17.88.020 Continuance.
The nonconforming use of a building, structure or land lawfully
existing at the time of the passage of this chapter, may be continued.
(Prior code § 30-20)
§ 17.88.030 Extension.
A.
Within
Building. A nonconforming use of a building shall not be extended
except into any portion of the building which was arranged or designed
for such nonconforming use at the time of the passage of this chapter.
(Prior code § 30-21)
§ 17.88.040 Chance of use.
A nonconforming use shall not be changed to another nonconforming
use. A nonconforming use, if changed to a conforming use, may not
thereafter be changed back to a nonconforming use. Accessory uses
to nonconforming uses are subject to the restrictions of the principal
use.
(Prior code § 30-22)
§ 17.88.050 Structural alterations.
A nonconforming building, excepting churches and other buildings
used in connection with religious or educational activities, may not
be reconstructed or structurally altered during its life unless such
building is changed to a conforming use.
(Prior code § 30-23)
§ 17.88.060 Repairs and maintenance.
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of twelve (12) consecutive months
on ordinary repairs or on repair or replacement of nonbearing wall,
fixtures, wiring or plumbing, to an extent not exceeding ten (10)
percent of the current replacement value of the building; provided,
that the cubic content of the building as it existed at the time of
passage of amendment of this chapter shall not be increased, churches
and schools excepted.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
(Prior code § 30-24)
§ 17.88.070 Restoration.
No building damaged by fire or other causes to the extent of
one hundred (100) percent of its assessed value shall be repaired
or rebuilt except in conformity with the regulations of this chapter,
churches, schools and single-family dwellings excepted.
(Prior code § 30-25)
§ 17.88.080 Discontinuance.
Whenever a nonconforming use has been discontinued for a period
of one year, such use shall not thereafter be reestablished, and any
future use shall be in conformity with the provisions of this chapter.
(Prior code § 30-26)
§ 17.88.090 Prior illegal establishment.
Any nonconforming use illegally established prior to the enactment
or subsequent amendment of this chapter shall not become legally established
by virtue of such enactment or amendment.
(Prior code § 30-27)