Nonconformance occurs when a building, structure, sign, lot, or use was legal when created or established but is not in conformance with the current zoning ordinance.

1.

Lawfully existing or established. A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was lawfully in existence prior to December 12, 1995 and was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purpose of this ordinance, a lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to December 12, 1995, or was separately owned.

2.

Prior illegal establishment. Any use or structure illegally established prior to the effective date of this ordinance or any amendment thereto shall not be granted nonconformance status, nor shall it become legally established subsequent to the effective date of this ordinance or any amendment thereto. Proof of use or structure shall be the burden of the owner of such property.

3.

Nonconforming by use. A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in article II, is nonconforming by use.

4.

Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this ordinance is nonconforming by dimension. Dimensional regulations include all regulations of this ordinance, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land or use thereof, not in compliance with the parking regulations of this ordinance, as set forth in article V (parking and loading), also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance including, but not limited to, those regulations for minimum lot size, lot width and lot frontage, (also known as a substandard lot of record) is also nonconforming by dimension.

5.

Nonconforming by dwelling unit. 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 the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

6.

Most restrictive regulations to apply. 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.

7.

Existence by variance or special use permit. 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 purposes 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.

(Amd. of 3-3-03, § 6; Ord. of 12-4-2023(1))

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 town, 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.

1.

Treatment in residential zones (RE-2, RU-3, RU-4, CR-5.) 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 zoning, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

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.

3.

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

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.

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 except by special use permit.

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 except by special use permit.

7.

Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner unless a special use permit is granted for the intensification. 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 in compliance with subsections 3.2.5 and 3.2.6.

8.

Change of use:

A.

Residential zones (RE-2, RU-3, RU-4 and CR-5). Within any residential zone, a nonconforming use shall only be changed to a permitted use or to the same actual use. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

B.

Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, or to the same use code listed under article II. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

9.

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. 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 or more, 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 or intent not to abandon the use.

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. Building or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the town, 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.

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.

2.

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

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.

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 the dimensional regulations of the zone in which the building or structure is located.

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.

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.

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.

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. 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.

(Ord. of 12-4-2023 (1))

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.

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.

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.

2.

Merger of abutting nonconforming lots. If two or more abutting nonconforming lots are held in the same ownership at any time after May 2, 1977, such lots shall be combined for the purposes of this ordinance in order to conform or more nearly conform to any of the dimensional requirements of this ordinance for the district in which the lots are located, and such lots shall not be sold separately, provided, however that a lot that is nonconforming by area shall not merge with an adjacent lot if the nonconforming lot has an area at least as large as half of the lots within two hundred feet of the nonconforming lot.

3.

Subdivision of merged lots.

A.

A lot that has been created by the merger of two or more nonconforming lots may be subdivided, or combined with other lots and subdivided, provided that the planning board or the administrative officer approves the subdivision.

B.

Lots in the RE-2 zoning district and lots in the groundwater protection overlay district shall not be reduced in size or frontage.

C.

If a lot in the RU-3 or RU-4 zoning district that has been created by the merger of two or more nonconforming lots is subdivided, or combined with other lots and subdivided, the new lots may be created with reduced area or reduced frontage by special use permit. The planning board shall require the applicant to produce evidence that:

1)

Each lot is suitable for the installation of an on-site wastewater treatment system that complies with R.I. department of environmental management regulations; and

2)

The proposed reduction in area or frontage will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.

4.

Use of dimensionally nonconforming lots.

A.

The owner of a dimensionally nonconforming lot shall not be required to obtain relief from the zoning board of review to construct a building on the lot simply because the lot is dimensionally nonconforming by area. The required minimum front, side, and rear yard depths shall be reduced, and the maximum building lot coverage shall be increased, by the same proportion that the lot area is not in conformity with the minimum lot area for the zoning district. If further dimensional relief is necessary to construct the building, that relief is available by modification or by dimensional variance.

B.

A dimensionally conforming building on a dimensionally nonconforming lot may be enlarged or altered without zoning relief if the enlargement or alteration complies with the applicable dimensional regulations for the zoning district.

C.

A dimensionally nonconforming building on a dimensionally nonconforming lot may be enlarged or altered with a modification or a dimensional variance.

(Amd. of 3-3-03, § 7; Ord. of 12-4-2023(1))

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 V (off-street parking and loading).

1.

Addition enlargement; expansion and intensification. Any 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 V (off-street parking and loading), such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification, except as otherwise specifically provided in this ordinance.

2.

Change of use. A building or structure, nonconforming by parking, may be enlarged to a different use other than residential use, pursuant to all other provisions of this ordinance, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use, except as otherwise specifically provided in this ordinance. 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.

(Ord. of 12-4-2023(1))

A mobile home or trailer placed on a lot before December 12, 1995 and continuously occupied on the same lot since that date, and not located in a mobile home park or a trailer park, shall be considered a legal nonconforming use and may be replaced only with a special use permit from the zoning board of review.

(Ord. of 12-4-2023(1))