(a)

No lot area shall be so reduced that yards, total area and lot width shall be less than prescribed for the district in which the lot is located. No yard or open space provided around any building for the purpose of complying with the provision of this chapter shall again be used as a yard or open space for any other building.

(b)

Where no adjacent land is in the same ownership so as to form a larger land parcel, a lot smaller than the minimum dimensions and area required by this chapter which was a lot of record on the effective date of the ordinance from which this chapter derives may be used for a permitted use, provided that such lot shall have a minimum area of 10,000 square feet. Lot width, frontage, side, front and rear depth requirements shall be reduced by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. The maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under [section] 38-321 or a dimensional variance request under sections 38-321 and 38-324, whichever is applicable.

(c)

Where a dimensional variance and/or building permit is issued on a substandard lot of record and that lot has no road frontage or is inaccessible at all points of frontage, access shall be regulated by easement or shared driveway which shall be recorded in land evidence. Nothing stated herein shall be construed to reduce the authority of the zoning enforcement officer in issuing conditions on a recorded easement.

(d)

No building permit shall be issued on such a lot without certification in writing from the town's building official that said lot is a substandard lot of record. In the event that a variance or special use permit is necessary, the official shall certify that the lot is a substandard lot of record and needs reduced dimensional requirements relating to "side, and/or front, and/or rear, and/or area, and/or frontage, and/or width requirements" as prescribed in the previous paragraph, as part of application to the zoning board of review.

(Ord. of 6-23-1994, art. V, § 1; Ord. of 6-25-2015(2); Ord. of 2-8-2024(1))

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

Merger of substandard lots of record has been required under prior editions of this chapter. Such merger shall continue under this edition for all districts and all contiguous substandard lots of record in the same ownership. Such lots shall continue to be merged for buildable purposes so as to create dimensionally conforming lots or to reduce the extent of nonconformance. Merger in all districts is determined necessary under these standards due to the town's lack of sewers and public water supply and because it is a rural town and must conform to the comprehensive plan. 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 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

(Ord. of 6-23-1994, art. V, § 2; Ord. of 11-9-2023(4))

A building, structure or use of land was lawfully established if it was in existence prior to July 7, 1967, or was established in conformance with the zoning ordinance in effect at the time the use was first established. A lot was lawfully established if it was of record or shown on a recorded plat prior to July 7, 1967, and was separately owned. All other lots that were not lawfully established are not protected by this section. For the purposes of this chapter, the creation and/or the use of a parcel of land for a particular use which was legal at the time the parcel of land was created and/or so used, shall not serve to create the lawful establishment or lawful existence of any use that was not legal at the time of creation and/or use of the land, regardless of subsequent changes in allowable legal uses.

(Ord. of 6-23-1994, art. V, § 3)

Where two or more dwelling houses, which were in existence prior to July 7, 1967, are located on one lot, the planning board may permit the division of the lot into separate lots for each house even though the separate lots do not conform in size and/or dimension to the minimum sizes and/or dimensions for residential use.

(Ord. of 6-23-1994, art. V, § 4; Ord. of 3-5-1998)

A lawfully established use of land, building or structure that is not a permitted use in the zoning district in which it is located is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter is nonconforming by use.

(Ord. of 6-23-1994, art. V, § 4; Ord. of 3-5-1998; Ord. of 11-9-2023(5))

A building, structure or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter is also nonconforming by dimension. 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, is nonconforming by dimension.

(Ord. of 6-23-1994, art. V, § 5; Ord. of 3-5-1998; Ord. of 2-8-2024(2))

A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of variance or a special use permit (or a special exception) granted by the zoning board of review or the planning board, shall not be considered nonconforming for the purposes of this article, and shall not acquire the rights of this article. 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 chapter, shall require a further variance or special use permit from the board.

(Ord. of 6-23-1994, art. V, § 6; Ord. of 3-5-1998; Ord. of 2-22-2024(22))

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 chapter for themselves, or for any other properties.

(Ord. of 6-23-1994, art. V, § 7; Ord. of 3-5-1998)

Nothing in this chapter shall prevent or be construed to prevent the continuation of a nonconforming use of any building, structure or use of land for any purpose to which such building, structure or use of land was lawfully established.

(Ord. of 6-23-1994, art. V, § 8; Ord. of 3-5-1998; Ord. of 11-9-2023(6))

Nothing shall prevent the performance of normal maintenance work or work necessary to comply with safety codes on a legally established nonconforming use.

(Ord. of 6-23-1994, art. V, § 9; Ord. of 3-5-1998)

A nonconforming use may be changed to a conforming use or may be changed to a different nonconforming use by special use permit. If so changed, the alteration shall more closely adhere to the intent and purpose of this chapter.

(Ord. of 6-23-1994, art. V, § 10; Ord. of 3-5-1998)

A preexisting use, which is not a prohibited use under section 38-193, may be enlarged for the same use, provided such enlargement is within the limits of the lot of record the use occupies on July 6, 1967, and subject to the dimensional requirements for front, side, rear yard depth, height, and maximum building coverage of section 38-192 for the district of its location. A preexisting use, which is a prohibited use under section 38-193, shall not be enlarged, and the extent and intensity of usage of any structure for a prohibited use shall not be increased beyond the extent and intensity of usage on July 6, 1967.

(Ord. of 6-23-1994, art. V, § 11; Ord. of 3-5-1998; Ord. of 11-9-2023(7))

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 a 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, 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 of intent not to abandon the use. If a nonconforming building or structure is voluntarily demolished, it shall not be rebuilt except in conformity with the provisions of this chapter.

(Ord. of 6-23-1994, art. V, § 12; Ord. of 3-5-1998)

(a)

Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless relief is granted by the planning board. Encroachments may be permitted into a setback by relief granted by the planning board in projects where the footprint is expanded to accommodate upgrades related to the building and fire codes and utilities.

(b)

For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption.

(Ord. of 1-25-2024(1))