Little Compton City Zoning Code
§ 14-2.5
Building or Structure Nonconforming by Dimension.
[Ord. 6/23/94, Art. 2]
a.
Continuance. Nothing in this chapter 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.
b.
Maintenance and Repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.
c.
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.
d.
Addition and Enlargement. A building or structure nonconforming by dimension may be added to or enlarged only if such addition or enlargement is not more than 50% of the original building or structure, and only if such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located.
e.
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.
f.
Demolition. If a building or structure nonconforming by dimension is involuntarily demolished, destroyed, or damaged; it may, by right, be repaired or rebuilt to the same size and dimension as previously existed. If a building or structure nonconforming by dimension is voluntarily demolished or destroyed, it shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Provided however, that the Zoning Board may grant a special use permit to allow any such building or structure, whether voluntarily or involuntarily demolished, damaged or destroyed, to be reconstructed not in conformance with the dimensional regulations of the zone in which it is located, if the Board finds that:
1.
In the case of voluntary demolition or destruction, the owner has applied to the Board prior to demolition, and demolition has not yet taken place; and
2.
In either case, the new building or structure will not be more than 50% larger than the existing building or structure; and
3.
In either case, the nonconforming dimensional aspects of the new building or structure shall be of no greater impact on the surrounding neighborhood than those of the original building or structure.
g.
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.
h.
Change in Use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.