§ 45-24-39 - General provisions – Nonconforming development. - Rhode Island Statutes

SECTION 45-24-39

   § 45-24-39  General provisions –Nonconforming development. – (a) Any city or town adopting or amending a zoning ordinance under this chaptershall make provision for any use, activity, structure, building, or sign orother improvement, lawfully existing at the time of the adoption or amendmentof the zoning ordinance, but which is nonconforming by use or nonconforming bydimension. The zoning ordinance may regulate development which is nonconformingby dimension differently than that which is nonconforming by use.

   (b) The zoning ordinance shall permit the continuation ofnonconforming development; however, this does not prohibit the regulation ofnuisances.

   (c) A zoning ordinance may provide that, if a nonconforminguse is abandoned, it may not be reestablished. Abandonment of a nonconforminguse consists of some overt act, or failure to act, which leads one to believethat the owner of the nonconforming use neither claims nor retains any interestin continuing the nonconforming use unless the owner can demonstrate an intentnot to abandon the use. An involuntary interruption of nonconforming use, as byfire and natural catastrophe, does not establish the intent to abandon thenonconforming use; however, if any nonconforming use is halted for a period ofone year, the owner of the nonconforming use is presumed to have abandoned thenonconforming use, unless that presumption is rebutted by the presentation ofsufficient evidence of intent not to abandon the use.