§ 45-24-40. General provisions — Alteration of nonconforming development — Alteration of uses established by variance or special use permit. [Effective January 1, 2024.]

(a)  A zoning ordinance may permit a nonconforming development to be altered under either of the following conditions:

(1)  The ordinance may establish a special-use permit, authorizing the alteration, which must be approved by the zoning board of review following the procedure established in this chapter and in the zoning ordinance; or

(2)  The ordinance may allow the addition and enlargement, expansion, intensification, or change in use, of nonconforming development either by permit or by right and may distinguish between the foregoing actions by zoning districts.

(b)  The ordinance may require that the alteration more closely adheres to the intent and purposes of the zoning ordinance.

(c)  A use established by variance or special use permit shall not acquire the rights of this section, unless allowed by specific provisions of a municipal zoning ordinance.