Glocester City Zoning Code
ARTICLE VIII
Nonconforming Uses
§ 350-59 Scope.
Legal nonconforming status applies to any use, activity, structure, building, dwelling units, sign or other improvements, or land area which was in lawful use at the time of passage of this chapter, but which is not in conformity with the provisions of this chapter.
§ 350-60 Continuance.
Any legal nonconforming use shall be permitted to continue until such time as such use is discontinued, destroyed, demolished or changed to another use.
§ 350-61 Discontinuance or abandonment.
If a legal nonconforming use is discontinued or abandoned for a period of 12 months, it shall not be allowed to be resumed, and any future use of such building or land must conform to the provisions of this chapter.
§ 350-62 Destruction.
If a legal nonconforming use is destroyed by accident or by an act of God, such structure may be restored, provided the total floor space, cubic content and location on lot are not altered or increased, and provided that reconstruction of damaged buildings shall commence within eight months of the date of damage and to be completed within two years from that date. If such a structure is demolished at the direction of the owner, it may not be reestablished, and any future use of the site or lot must conform to the provisions of this chapter. Nothing shall prevent the performance of normal maintenance work, or work necessary to comply with safety codes, on a legal nonconforming use.
§ 350-63 Change of use.
A.
A legal nonconforming use may be changed to a use which conforms to the requirements of the zoning district in which it is located.
B.
A nonconforming use of land or of a structure shall not be changed to another nonconforming use that is substantially different in nature and purpose unless the Zoning Board of Review makes the finding that the proposed use will have a lesser undesirable impact upon the surrounding area than the preceding nonconforming use and grants a variance in accordance with the statutory standard and procedure.
§ 350-64 Enlargement of nonconforming use.
[Amended 12-15-2011, effective 12-15-2011]
§ 350-65 Exemption.
§ 350-66 Substandard lots of record.
[Amended 2-15-2024, effective 2-15-2024; 11-21-2024, effective 11-21-2024]
A.
No lot area shall be so reduced that yards, total area or lot frontage shall be less than prescribed for the district in which the lot is located. No required yard or other area of one lot shall be considered as providing the minimum area or frontage required for any other lot without a replatting of both lots in such a way that both lots so replatted conform to the dimensional regulations of the district involved and approved by the Inspector prior to recording. Such lots must be in separate ownership and not be contiguous with other lots in the same ownership unless otherwise provided herein.
B.
For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
(1)
Minimum building setbacks, lot frontage, and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setbacks, lot frontage, and lot width requirements from another zoning district in which the subject lot would be conforming as to lot area.
(2)
If the subject lot is not conforming as to lot area in any zoning district, the setback, frontage, and width requirements 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. For example, if the lot area is 40% of the required minimum, then the setback, frontage, and width requirements shall be reduced to 40% of the standard requirements for that zoning district.
(3)
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. For example, if the lot area of a substandard lot only meets 40% of the required minimum lot area, the maximum building coverage is allowed to increase by 60% over the maximum permitted lot building coverage in that district.
C.
Notwithstanding any other provision of this chapter, if two or more contiguous lots of record are under the same ownership as of or after November 9, 1989, and one or more of such lots has an area less than 30,000 square feet, then all such lots that are less than 30,000 square feet shall be deemed merged into adjacent lots under the same ownership and the merged lots shall be considered one lot for the purpose of this chapter. This provision shall not apply to any lots that are located within a B-1 or B-2 Zoning District or to any recorded lots which were approved and accepted by the Planning Board before November 9, 1989, pursuant to Chapter 300, Subdivision of Land. This provision shall not apply when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 feet of the subject lot, as confirmed by the Zoning Official through the submission of a Compilation Survey of the property prepared by a Rhode Island Registered Professional Land Surveyor, by the property owner. This Subsection C shall be deemed to have been adopted and effective on November 9, 1989, in place and instead of the zoning amendment adopted on that day.