R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 45-24-40 (2026)

General provisions — Alteration of nonconforming development — Alteration of uses established by variance or special use permit

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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(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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2025 · leading case: Cohen v. Duncan, 970 A.2d 550 (R.I. 2009).
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Cohen v. Duncan, 970 A.2d 550 (R.I. 2009). · cites it 14× “When she construed the ordinance, the trial justice held that the Zoning Enabling Act of 1991, § 45-24-40, permits cities and towns to provide for alterations to nonconforming uses by permit or by right, but because § 17.”
Town of Richmond v. Wawaloam Reservation, Inc., 850 A.2d 924 (R.I. 2004). “” See also § 45-24-40(a)(i) (vesting municipalities with authority to require a special-use permit for enlargement of nonconforming use).”
RH McLeod Fam. LLC v. Westerly Zoning Bd. of Review, 338 A.3d 304 (R.I. 2025). “2004); § 45-24-40(B), as enacted by P.L. 1991, ch.”
R.I. Gen. Laws § 45-24-40(B): 1 case
RH McLeod Fam. LLC v. Westerly Zoning Bd. of Review, 338 A.3d 304 (R.I. 2025). “2004); § 45-24-40(B), as enacted by P.L. 1991, ch.”
R.I. Gen. Laws § 45-24-40(a)(i): 1 case
Town of Richmond v. Wawaloam Reservation, Inc., 850 A.2d 924 (R.I. 2004). “” See also § 45-24-40(a)(i) (vesting municipalities with authority to require a special-use permit for enlargement of nonconforming use).”
R.I. Gen. Laws § 45-24-40(c): 1 case
Cohen v. Duncan, 970 A.2d 550 (R.I. 2009). “When she construed the ordinance, the trial justice held that the Zoning Enabling Act of 1991, § 45-24-40, permits cities and towns to provide for alterations to nonconforming uses by permit or by right, but because § 17.”
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