Little Compton City Zoning Code
§ 14-2.4
Building or Structure Nonconforming By Use.
[Ord. 6/23/94, Art. 2; amended 6-12-2025]
a.
Continuance of Use. Nothing in this chapter 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.
b.
Maintenance and Repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.
c.
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.
d.
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, provided however that limited addition or enlargement may be granted by the Board as a special use pursuant to Subsection i below.
e.
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, provided however that limited expansion may be granted by the Board as a special use pursuant to Subsection i below.
f.
Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. 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 lawfully established dwelling units within a building or structure so long as such reconfiguration complies with the requirements of Subsection e above, provided however that limited intensification may be granted by the Board as a special use pursuant to Subsection i below.
g.
Change of Use. A lawful nonconforming use shall not be changed to another nonconforming use but may be changed to a use conforming to the provisions of this chapter, or to a use within the same use code as listed under § 14-3. Once a lawful nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming use.
h.
Abandonment. If the lawful nonconforming use of any land, building, structure or sign is abandoned, it shall not be allowed to resume except in conformity with all applicable provisions of this chapter. 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. For the purposes of this section, the intent to abandon a lawful nonconforming use shall be demonstrated by one or more of the following actions:
1.
Voluntary demolition of the building, structure or sign.
2.
Failure to apply for or lapse of any permits, licenses or certifications required for continuation of the use or failure to appeal any denial of any such permit, license or certification within 12 months of any such lapse or denial.
3.
Removal of fixtures, equipment, machinery or inventory necessary for the continuation of the use from the site, building or structure.
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 discontinued, which shall include a change in the use of the building, structure, site or sign to another use or failure to maintain the site, building, structure or sign in habitable, usable or safe condition or failure to protect said building, structure or sign from the natural elements, 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 of intent not to abandon the use. |
i.
Special Use Permit for Addition, Enlargement, Expansion or Intensification. As a special use in compliance with the provisions of § 14-9 of this chapter, the lawful nonconforming use of a building, structure, sign or land may be added to, enlarged, expanded or intensified provided that such addition, enlargement, expansion or intensification shall not exceed 50% in excess of the existing floor area or land or intensity used for the nonconforming use at the time the use became lawfully nonconforming. Said increased use shall comply with all other dimensional and area requirements of this chapter. In granting such a special use permit, the permitting authority may place such restrictions on such increase as it may deem necessary to minimize its effect upon neighboring property and uses.
j.
Destruction or Demolition. If a nonconforming use is damaged or destroyed by accident or act of God, it may be restored or repaired provided the use, total floor area or land area of use and the location on the site is not altered or increased. Such repair or restoration shall comply in all respects with all applicable codes, ordinances and other applicable regulatory systems.