Pawtucket City Zoning Code
ARTICLE VIII
Nonconformance
§ 410-61 Nonconformance defined.
A "nonconformance" is a building, structure, sign or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of such ordinance or amendment.
§ 410-62 Establishment of lawful existence.
A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was in existence prior to October 21, 1966, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to October 21, 1966, and was separately owned. Any building, structure, sign or parcel of land, or use thereof, that was not lawfully existing or established at the time of the adoption or amendment of this chapter is not protected by this section.
§ 410-63 Nonconforming by use.
A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in Article II, is nonconforming by use.
§ 410-64 Nonconforming by dimension.
A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter, as set forth in Article IX, is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of this chapter, including but not limited to those regulations for minimum lot size, lot width or lot frontage (also known as a "substandard lot of record"), is also nonconforming by dimension.
§ 410-65 Nonconforming by dwelling units.
A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
§ 410-66 Most restrictive regulations to apply.
A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this Article. Where the regulations conflict, the most restrictive regulations shall apply.
§ 410-67 Existence by variance or special use permit.
A nonconforming building, structure, sign or parcel of land, or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the Board, shall not be considered a nonconformance for the purposes of this article and shall not acquire the rights of this article. Rather, such building, structure, sign or parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign or parcel of land, or use thereof, to any use other than a permitted use or other than in complete conformance with this chapter, shall require a further variance or special use permit from the Board.
§ 410-68 Building or structure nonconforming by use.
Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the City, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this chapter for themselves or for any other properties.
A.
Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquillity of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.
B.
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.
C.
Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this Article.
D.
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.
E.
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.
F.
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.
G.
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 existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of Subsection F, above.
H.
Change of use.
[Amended 10-23-1997 by Ch. No. 2470]
(1)
Residential zones. Within any residential zone, a nonconforming use shall only be changed to a permitted use or within the same use group number listed under § 410-12, Table of Use Regulations. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
(2)
Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, within the same use group number listed under § 410-12, Table of Use Regulations, or may be changed to a different nonconforming use by special use permit in accordance with § 410-59C(1). A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
I.
Abandonment. If a nonconforming use is abandoned, it may not be reestablished. 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 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.
§ 410-69 Building or structure nonconforming by dimension.
Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this chapter. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the City, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this chapter for themselves or for any other property.
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 article.
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 which is nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located or unless the addition or enlargement would result in the squaring off of an existing building within an existing nonconforming setback, provided that the existing nonconformity applies to more than 50% of the structure.
[Amended 9-21-2006 by Ch. No. 2825]
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.
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.
G.
Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.
H.
Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be deemed to be an abandonment. If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.
§ 410-70 Land nonconforming by use.
A.
Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.
B.
Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.
C.
Abandonment. If a nonconforming use of land is abandoned, it may not be reestablished. If any nonconforming use of land is halted 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 of land.
§ 410-71 Land nonconforming by area.
[Amended 10-23-1997 by Ch. No. 2470]
A.
Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this article.
B.
Merger of substandard lots.
(1)
If two or more adjacent lots of record or combinations of lots of record are in single or undivided ownership at the time of the adoption of this chapter or future amendment, and if all or part of such lots of record do not conform in the regulations for street frontage or area in effect for the zone involved, such lots of record shall be considered as a single lot for the purposes of this chapter. No such lot shall be divided for use, sale or other transfer of ownership without City Planning Commission approval or Joint Planning Commission as appropriate approval. 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 the Director.
[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]
(2)
If two or more adjacent lots of record or combinations of lots of record are in single or undivided ownership at the time of the adoption of this chapter or future amendment, and if all or part of such lots of record are improved and do not conform in the regulations for street frontage or area in effect for the existing use within the zone involved, such lots of record shall be considered as a single lot for the purposes of this chapter. No such lot shall be divided for use, sale or other transfer of ownership without City Planning Commission or Joint Planning Commission as appropriate approval. 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 of the subject lot, as confirmed by the Director.
[1]
Editor's Note: This Ch. No. 2881 also renumbered former Subsection B(2) as Subsection B(3).
(3)
However, any merged lot in the RS, RT and RM District may be subdivided, with City Planning Commission approval, into as many five-thousand-square-foot lots as possible, and if any merged lot in the RL District may be subdivided, with City Planning Commission approval, into as many nine-thousand-square-foot lots as possible. Although the City Planning Commission shall have the power to approve an equal number of lots as would be created by such mechanism above, any and all lot area which remains after the subdivision of the merged lot shall not be construed as an existing nonconforming lot of record but, rather, such remaining lot area shall, without exception, be distributed evenly over such newly created legal and conforming lots.
(4)
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 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 requirement shall proceed with a modification request in accordance with § 410-97.1 or a variance request in accordance with Article XIII of this chapter.
[Added 12-20-2023 by Ch. No. 3287]
C.
Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this chapter, and/or frontage or other access requirements applicable to the district as stated in this chapter, 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 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 requirement shall proceed with a modification request under § 410-97.1 or a dimensional variance request under Article XII of this chapter, whichever is applicable.
[Added 12-20-2023 by Ch. No. 3287]
§ 410-72 Building or structure nonconforming by parking.
A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article IX.
A.
Addition, enlargement, expansion and intensification of nonresidential uses. A nonresidential building or structure or use of land nonconforming by parking may be added to, enlarged, expanded or intensified, provided that additional parking space is supplied to meet the requirements of Article IX for such addition, enlargement, expansion or intensification.
B.
Addition, enlargement, expansion and intensification of residential uses. Any residential building or structure nonconforming by parking may not be added to, enlarged, expanded or intensified unless brought into full compliance with the parking requirements of Article IX, such that sufficient parking is provided for the entire structure, including the original portion and the addition, enlargement, expansion or intensification.
C.
Change of use. A building or structure nonconforming by parking may be changed to a different use, other than a residential use, pursuant to all other provisions of this chapter, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this chapter for the new use are provided.