Any legal nonconforming use shall be permitted to continue in the manner and extent existing as of the effective date of enactment or amendment of this chapter, subject to the provisions of this chapter regarding discontinuance, destruction or demolition, change of use and extension or alteration.

(Ord. passed 10-30-06)

   (A)   A legal nonconforming use of any land, premises, structure or combination thereof, which has been abandoned or discontinued for more than six consecutive months or for 18 months during any three-year period (except when government action impedes access to the land or premises) shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

   (B)   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 six months, or 18 months in three years, 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.

(Ord. passed 10-30-06)

   (A)   Should a legal nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction, as determined by the Zoning Officer, the property owner shall be given six months in which action must be taken to rebuild, repair or replace the damaged structure. If such action is not taken within such six-month period, then it shall not be rebuilt, repaired or replaced except in conformity with the provisions of this chapter.

   (B)   Should a legal nonconforming structure or portion of a structure be demolished at the direction of the owner or by governmental action, it shall not be reconstructed except in conformity with the provisions of this chapter.

   (C)   In rebuilding, repairing or replacing a structure or portion of a structure as provided in division (A) above, the previously existing degree of nonconformity shall in no way be enlarged or extended except as provided in § 803; however, this does not preclude the use of modern construction materials and methods.

(Ord. passed 10-30-06)

   (A)   A legal nonconforming use may not be added to, extended or enlarged without first receiving a special use permit from the Zoning Board of Review in accordance with Article 9.

   (B)   A legal nonconforming use may be altered in whole or in part in a way which diminishes the extent of its nonconformity without first receiving a special use permit as required in division (A) above; provided, however, that once a nonconforming use is made less nonconforming for a period of one year, or for 18 months during any three-year period, it shall not be permitted to resume the previous extent of its nonconformity.

   (C)   Any addition, extension or enlargement of a nonconforming use shall conform to all other applicable district regulations and district dimensional regulations required by this chapter for "other permitted uses" and for the zoning district in which such use or structure is located.

   (D)   Nothing herein shall prevent a legal nonconforming use from adding yard, off-street parking or off-street loading space to conform to the yard, parking or loading space requirements of this chapter.

   (F)   A legal nonconforming single-family or two-family dwelling shall not be subject to the provisions of this subchapter and may be altered, added to, changed or moved; provided, that the dwelling be subject to the requirements of the nearest residential district as measured from the property line.

   (G)   If a nonconforming structure, other than a sign can be extended or enlarged in any lawful manner without increasing the extent of its nonconformity, then any extension or enlargement thereof shall only be permitted in accordance with the district dimensional regulations; otherwise variance relief from the Zoning Board shall be required.

   (H)   A nonconforming sign may be altered in whole or in part in a way which diminishes the extent of its nonconformity.

   (I)   Nonconforming signs shall also be governed by § 1207.

   (J)   A use established by variance or special use permit shall not acquire the rights of this section.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   A legal nonconforming use shall not be changed to another nonconforming use but may be changed to a use conforming to the provisions of this chapter. A legal nonconforming use, if changed to a conforming use, may not hereafter be changed back to a nonconforming use.

(Ord. passed 10-30-06)

   (A)   An unimproved lot or parcel having a lot width or lot area which is less than required by district dimensional regulations, may be considered buildable for a use permitted as a matter of right or by special use permit under § 602, regardless of the lot width or area, provided such lot or parcel of land was shown on a plat or on a deed duly recorded prior to December 18, 1985.

   (B)   Notwithstanding the failure of that lot or those lots to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements of the district in which such lot is located. The setback, frontage, and/or lot wide requirements for a structure under this section shall be reduced and 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 requirements shall proceed with a modification request under R.I. Gen. Laws § 45-24-46 or a dimensional variance request under R.I. Gen. Laws § 45-24- 41, whichever is applicable.

(Ord. passed 10-30-06; Am. Ord. 2023-10, passed 12-18-23)

   Any building permit for a nonconforming use, which was legally issued prior to the enactment or subsequent amendment of this chapter, will expire if not activated within six months from the date of such enactment or amendment.

(Ord. passed 10-30-06)