North Smithfield City Zoning Code
PART 2
Nonconforming Uses
§ 340-2.1 Intent.
A.
It is the intent of this chapter to permit preexisting nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere within the same district. This provision shall not apply to the expansion, extension or enlargement of residential structures which comply with the setback regulations contained in the District Regulation Table - Chapter 340 Attachment 3. Any expansion, extension or enlargement of a residential structure that does not comply with the setback regulations shall be required to apply for a modification request under § 340-5.21 or a dimensional variance request under § 340-5.20, whichever is applicable.
B.
Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structures and land in combination, shall not be extended or enlarged.
§ 340-2.2 Nonconforming lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any individual lot of record, which at the time of its creation was in conformance with the zoning ordinance then in effect, notwithstanding limitations imposed by other provisions of this chapter, under the following conditions. Such lots must be in separate ownership and not of contiguous frontage with other lots in the same ownership.
A.
Notwithstanding the failure of a single nonconforming lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a nonconforming lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum requirements for lot size, lot frontage, lot width or lot depth of the district in which such lot is located.
(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 setback, lot frontage, and lot width requirements from another zoning district in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district, the setbacks, lot frontage, and lot width 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.
(2)
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.
(3)
All proposals exceeding such reduced requirement shall proceed with a modification request under § 340-5.21 or a dimensional variance request under § 340-5.20 whichever is applicable.
§ 340-2.3 Merger of abutting nonconforming lots of record.
A.
If two or more abutting lawfully established nonconforming lots in single ownership, which are located in the REA-120, RA-65, RS-40, and RU-20 Zoning Districts, do not meet all or part of the requirements established for lot frontage, width or area, said lots shall be deemed to be merged and shall be considered as an individual lot and no portion of said lot shall be used or sold in a manner which diminishes compliance with lot width, frontage and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with frontage or area below requirements stated in this chapter.
B.
Merger exemption. 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% of the lots within 200 feet of the subject lot, as confirmed by a compilation plan, signed by a Rhode Island Registered Professional Land Surveyor (PLS), as such term is defined by the rules and regulations for professional land surveying, indicating that 50% or more of the lots within 200 feet of the subject lot have areas equal to or less than that of the subject lot.
§ 340-2.4 Nonconforming uses of land.
Where, at the time of passage of this chapter, or an amendment thereto, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:
A.
No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
C.
No additional structures shall be erected in connection with such nonconforming use of land.
§ 340-2.5 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions related to dimensional requirements such structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B.
Should such a structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located.
§ 340-2.6 Nonconforming uses of structures or structures and premises in combination.
Where a lawful use involving individual structures or of structure and premises, in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
§ 340-2.7 Repairs and maintenance of nonconforming structures.
Nothing in this chapter shall be deemed to prevent the performance of normal repair or maintenance work or work necessary to comply with safety codes on a legal nonconforming use or structure.
§ 340-2.8 Uses under special use permit and variance provisions.
Any use which has been or is permitted by special use permit or variance in a district under the terms of this chapter shall not be deemed a nonconforming use in such district but shall without further action be considered a use by special use permit or a use by variance and shall require further action of the Board for any changes in uses.
§ 340-2.9 Abandonment of nonconforming uses.
A.
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 said owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire or 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 such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.
B.
Any nonconforming use which has been changed to a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.