Town of Barrington Zoning Ordinance

This chapter shall be known as "the Barrington Zoning Ordinance," or "Chapter 185 of the Code of the Town of Barrington."

[Amended 12-4-2023 by Ord. No. 2023-12]

The zoning regulations and standards set forth in this chapter have been made in accordance with the Barrington Comprehensive Plan, adopted or amended pursuant to Title 45, Chapter 22.2 of the General Laws of Rhode Island. Where uncertainty in the construction or application of any section of this chapter exists, it shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the Comprehensive Plan.

This chapter is designed to achieve the following purposes:

• A. Promoting the public health, safety and general welfare.
• B. Providing for a range of uses and intensities of use appropriate to the character of the Town of Barrington, and reflecting current and expected future needs of its residents.
• C. Providing for orderly growth and development which recognizes:
  • (1) The goals and patterns of land use contained in the Barrington Comprehensive Plan;

    [Amended 12-4-2023 by Ord. No. 2023-12]

  • (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface or groundwater pollution;
  • (3) The values and dynamic nature of coastal and freshwater ponds, the shoreline and freshwater and coastal wetlands;
  • (4) The values of unique or valuable natural resources and features;
  • (5) The availability and capacity of existing and planned public and/or private services and facilities;
  • (6) The need to shape and balance urban and rural development; and
  • (7) The use of innovative development regulations and techniques.
• D. Providing for the control, protection and/or abatement of air, water, groundwater and noise pollution and soil erosion and sedimentation.
• E. Providing for the protection of the natural, historic, cultural and scenic character of the Town of Barrington.
• F. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space.
• G. Providing for the protection of public investment in transportation, water supply, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space and other public requirements.
• H. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing.
• I. Providing opportunities for the establishment of low- and moderate-income housing.
• J. Promoting safety from fire, flood and other natural or human-made disasters.
• K. Promoting a high level of quality in design in the development of private and public facilities.
• L. Promoting implementation of the Barrington Comprehensive Plan.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• M. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond the municipal boundaries of, or have a direct impact on, the Town of Barrington.
• N. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
• O. Providing for procedures for the administration of this chapter, including but not limited to variances, special use permits and, if adopted, procedures for modifications.
• P. Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, Chapter 37 of Title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, Chapter 87 of Title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

  [Added 12-4-2023 by Ord. No. 2023-12]

Except as may be specifically authorized in this chapter, no land shall be used and no building, structure or sign shall be erected, modified, enlarged or used unless such action conforms in all respects to all provisions of this chapter. Every building, structure or sign hereafter erected, and every use of land hereafter initiated, shall be located on a lot or site as defined by this chapter, and there shall be no more than one main or principal residential building, together with its permitted accessory structures, on a lot, except where specifically authorized by this chapter. The Town of Barrington itself, both as to land owned by the Town and to governmental activity and use, shall be exempt from the provisions of this chapter.

[Amended 7-25-1994; 6-2-1997 by Ord. No. 97-4; 1-10-2000 by Ord. No. 99-13; 1-10-2000 by Ord. No. 99-13; 11-13-2000 by Ord. No. 2000-7; 5-16-2006 by Ord. No. 2006-2; 2-6-2012 by Ord. No. 2012-1; 2-6-2012 by Ord. No. 2012-1; 3-7-2016 by Ord. No. 2016-1; 4-3-2017 by Ord. No. 2017-4; 7-31-2017 by Ord. No. 2017-10; 9-11-2017 by Ord. No. 2017-13; 2-5-2018 by Ord. No. 2017-22; 4-1-2019 by Ord. No. 2019-2; 4-6-2020 by Ord. No. 2020-5; 5-2-2022 by Ord. No. 2022-8; 11-7-2022 by Ord. No. 2022-25; 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5; 7-28-2025 by Ord. No. 2025-5A]

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinarily accepted meanings, or such as the context would ordinarily imply. State definitions are denoted by the italics.

ABUT — To physically adjoin at a border, boundary or point with no intervening land.

ABUTTER — One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.

ACCESSORY DWELLING UNIT (ADU) — A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms, including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. See Article XXII for further regulations.

ACCESSORY FAMILY DWELLING UNIT (AFDU) — An accessory dwelling unit (ADU) for the sole use of one or more members of the family of the occupant or occupants of the principal residence.

ACCESSORY LIVING QUARTERS or GUEST HOUSE — Living quarters within a separate accessory building for the sole use of persons employed on the premises, or for the temporary housing, free of charge, of persons visiting the occupant of the principal building on the premises, such quarters or facilities having no kitchen facilities and not being rented or otherwise used as a separate dwelling.

ACCESSORY OUTDOOR EVENT USE — An event where people gather at a property on a particular date and time to engage in a common social activity, where all or some portion of the activity takes place outdoors, and where the event is customarily incidental and subordinate to the principal use of the property. Such events include, but are not limited to, weddings, wedding receptions, reunions, birthday parties, bar mitzvahs, quinceaneras, and other similar events.

ACCESSORY STRUCTURE — A structure located on the same lot as a principal structure but separate from the principal structure, the use of which is clearly incidental and secondary to and customarily in connection with the principal structure.

ACCESSORY USE — A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An "accessory use" may be restricted to the same lot as the principal use. An "accessory use" shall not be permitted without the principal use to which it is related.

ADAPTIVE REUSE — The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use. See § 185-30.

ADMINISTRATIVE OFFICER — The municipal official designated by § 200-6 to administer the Land Development and Subdivision Regulations, § 200-1 et seq., to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein.

AFFORDABLE HOUSING UNIT — Residential housing that has a sales price or rental amount that is within the means of a household that is of moderate income or less. In the case of dwelling units for sale, "housing that is affordable" means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief, and insurance constitute no more than 30% of the gross household income for a household with less than 120% of area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities, other than telephone, constitute no more than 30% of the gross annual household income for a household with 80% or less of area median income, adjusted for family size. Such housing shall remain affordable for not less than 30 years from initial occupancy. Affordability time limits may be accomplished through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and Town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

AFFORDABLE HOUSING TRUST FUND — The Affordable Housing Trust Fund as set forth in Chapter 39 of Barrington's Code of Ordinances.

A-FRAME SIGN — Two-sided sign, hinged or attached at the top of the sign panels, identifying, advertising, or directing attention to a business(es), product(s), operation(s), or service(s) sold or offered in the building in front of which the sign is located.

AGGRIEVED PARTY — Either:

• A. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any official or agency responsible for administering this chapter; or
• B. Anyone requiring notice pursuant to this chapter.

AGRICULTURAL LAND — Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

AMUSEMENT GAME CENTER — Any structure or portion thereof within which are kept for use as games, entertainment or other public patronage, two or more amusement game machines.

AMUSEMENT GAME MACHINE — A mechanical, electrical or electronic machine or device which shall be ready for play by the insertion of a coin or token or by the payment of a fee, and may be operated by the public for use as a game, for entertainment or for amusement.

ANIMAL HOSPITAL — Provides the services of a veterinary clinic with more specialized care and emergency facilities.

APPEAL — Either a formal request to the Zoning Board of Review to review a decision of the Building Official/Zoning Enforcement Officer or other enforcement official or a formal request to the Rhode Island Superior Court to review a decision of a permitting authority, as the context may indicate.

APPLICANT — An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

APPLICATION — The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval or permitting purposes as required under the provisions of this chapter.

ARTISAN/MAKER ACTIVITY — An establishment for the shared or individual preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.

ASSISTED-LIVING FACILITY — A residential facility providing personalized support services and health care, as defined as an assisted-living residence in R.I.G.L. § 23-17.4-2(4).

AUTOMATIC CAR-WASHING FACILITY — A structure containing facilities for the commercial washing of automobiles.

AUTOMOBILE SALES — The use of any building, land area and other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreational vehicles.

AUTOMOTIVE BODY OR PAINT SHOP — A structure sheltering the activities of heavy or major automotive body repairs or painting of commercial and noncommercial vehicles, including the temporary storage of such repairable and repaired vehicles, excluding, however, the type of automotive maintenance and repair work customarily conducted in gas station garages.

AUTOMOTIVE REPAIR GARAGE — A structure sheltering the type of automotive maintenance and repair work customarily conducted in gas station garages.

AWNING — Any temporary or retractable covering or shelter which is supported entirely from the exterior wall of a building.

BACKLIT — A form of internally illuminated sign consisting of individual solid letters with internal lighting tubes that backlight the wall on which the letters are attached, giving a halo effect.

BASIC MAXIMUM NUMBER — The number of units that would be allowed on a conservation development project site using the standard Zoning Ordinance provisions for the R-40 Zoning District and/or Subdivision Rules and Regulations as determined by a yield plan.

BATHING BEACH (PUBLIC OR PRIVATE) — Specific area of land and waters designed and intended for the recreational use or enjoyment of users.

BILLBOARD — An outdoor advertising structure with a sign advertising products not made, sold, used or served on the premises displaying such sign.

BOARD — The Zoning Board of Review of the Town of Barrington.

BOAT YARD — A facility providing for heavy or major overhaul or repairs of boats and vessels.

BRACKET — A device used to attach and support a sign face to a building other than screws or bolts.

BUFFER — Land which is maintained in either a natural or landscaped state and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

BUILDING — Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING ENVELOPE — The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height and bulk; by other regulations; and/or any combination thereof.

BUILDING FACADE AREA (BFA) — For the purpose of calculating maximum sign area of flush-wall commercial signs, the BFA is the overall vertical facade dimension (length times height) of the building face of the establishment for which signage is proposed, excluding roof area.

BUILDING OFFICIAL/ZONING ENFORCEMENT OFFICER — That officer of the Town of Barrington who shall have the power to issue permits and to institute legal proceedings, both civil and criminal, through the Town Solicitor on behalf of the Town of Barrington for violation of any provision of this chapter.

BUILDING LINE — A line parallel to the street line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located; see "setback line."

CANNABIS CULTIVATOR — As defined under Sec. 21-28.11-3(11) of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

CANNABIS PRODUCT MANUFACTURER — As defined under Sec. 21-28.11-3(14) of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

CANNABIS RETAILER — As defined under Sec. 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

CANNABIS TESTING LABORATORY — As defined under Sec. 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the Commission, in consultation with the Department of Health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the Commission and is: i) independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and ii) qualified to test cannabis in compliance with regulations promulgated by the Commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

CAPACITY or LAND CAPACITY — The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.

CELLULAR COMMUNICATIONS ANTENNA — The antenna or antennas from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may include up to 12 antennas in one array and one microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use. A cellular communications antenna array may be public or private.

CELLULAR COMMUNICATIONS ANTENNA ARRAY, PRIVATE — Any antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or other entity subject to taxation, or owned by any church or nonprofit company or organization.

CELLULAR COMMUNICATIONS ANTENNA ARRAY, PUBLIC — Any antenna used for a governmental function or located on property or structures owned by the United States of America, the State of Rhode Island, or the Town of Barrington, or any political subdivision duly authorized to own and operate a cellular communications array. Public cellular communications array are not to be restricted by this section, except that the Town Council shall have the option to seek advisory review by the Technical Review Committee.

CELLULAR COMMUNICATIONS TOWER — A freestanding structure used for the location of one or more cellular communications antenna arrays. It may also include an equipment shelter as an accessory use. A cellular communications tower may be public or private.

CELLULAR COMMUNICATIONS TOWER, PRIVATE — Any tower structure used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.

CELLULAR COMMUNICATIONS TOWER, PUBLIC — Any tower structure used for a governmental function or located on property owned by the United States of America, the State of Rhode Island, the Town of Barrington, or any political subdivision duly authorized to own and operate a cellular communications tower.

CEMETERY — Land used for the burial of the dead and dedicated for such purposes, including columbariums, crematories, mausoleums and mortuaries when operated as an accessory use to such cemetery.

CERTIFICATE OF COMPLETENESS — A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of the municipality's regulations, and that the applicant may proceed with the review process.

CLUSTER — A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures. The techniques used to concentrate buildings include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development, there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development.

CO-LOCATION — Use of a common cellular tower or common site by two or more license holders or by one license holder for more than one type of communications technology.

COMMERCIAL EDUCATIONAL INSTITUTIONS — Any commercial institution providing instructions in subjects such as art, dancing, driving, gymnastics, martial arts, voice lessons, and similar uses.

COMMON OWNERSHIP — Either:

• A. Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or
• B. Ownership by any association or municipality of one or more lots under specific development techniques.

COMMUNITY SHOPPING CENTER — An integrated group of buildings designed for office use, retail sales and similar commonly associated uses permitted in a Business District on a site under common ownership.

COMMON SIGNAGE PLAN — An overall plan for placement and design of multiple signs for a building or group of buildings on a zoning lot.

COMMUNITY RESIDENCE — A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include but not be limited to the following:

• A. Whenever six or fewer children or adults with mental, intellectual, or developmental disabilities reside in any type of residence in the Town, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the General Laws of Rhode Island;
• B. A group home providing care or supervision, or both, to not more than eight persons that are disabled or have a mental or physical disability, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the General Laws of Rhode Island;
• C. A residence for children providing care or supervision, or both, to not more than eight children, including those of the care giver, and licensed by the state pursuant to Chapter 72.1 of Title 42 of the General Laws of Rhode Island;
• D. A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services.

COMPASSION CENTER — As defined in R.I.G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders, and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

COMPREHENSIVE PLAN — The comprehensive plan of the Town, adopted and approved pursuant to Title 45 Chapter 22.2 of the General Laws of Rhode Island, and to which the provisions of this chapter shall be in compliance.

CONGREGATE HEALTH CARE FACILITY — A building or buildings located on the same lot, operated on a nonprofit basis, providing a continuum of health care ranging from independent living to skilled nursing care for residents over the age of 62; provided that such facility includes a nursing home component of not more than 60 beds, the ratio of independent and other living units to nursing beds is not greater than 3:1, and congregate dining facilities are provided.

CONSERVATION DEVELOPMENT PROJECT — A residential development in which the buildings are clustered together so as to accommodate residential growth while preserving at least 35% of the parcel as meaningful open space in perpetuity.

CONSISTENCY WITH THE COMPREHENSIVE PLAN — A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in R.I.G.L. § 45-22.2-3.

CONVERTIBLE SPACE — A building or buildings that include upper-story residential and first-floor spaces designed to readily convert from residential apartments to business uses (or vice versa) as real estate market demand allows. Specific business uses allowed in a convertible space will be governed by the uses allowed in the underlying zoning.

COTTAGE HOUSING — A development composed of small, detached single-family and/or duplex dwelling units, not to exceed 1,650 square feet of living space, clustered around common open space or a courtyard.

CULTURAL ACTIVITY — Any nonprofit museum, library or art gallery, and other similar use.

DATA PROCESSING CENTER — A service business that prepares, services, handles, stores or processes information through the use of special equipment and techniques, such as with computers and/or office business machines.

DAY CARE - DAY-CARE CENTER — Any day-care center which is other than a family day-care home.

DAY CARE - FAMILY DAY-CARE HOME — Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

DAYS — Calendar days.

DENSITY, RESIDENTIAL — The number of dwelling units per unit of land.

DEVELOPMENT — The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

DEVELOPMENT PLAN REVIEW — Design or site plan review of a development of a permitted use to encourage development to comply with design and/or performance standards of the community pursuant to Article XXIV. Development plan review applications are formal or administrative as detailed in both Article XXIV of this chapter and in the Land Development and Subdivision Review Regulations, § 200-1 et seq.

DEVELOPMENT REGULATION — Zoning, subdivision, land development plan, development plan review, historic district, official map, floodplain regulation, soil erosion control or any other governmental regulation to the use and development of land.

DISTRICT — See "zoning use district."

DORMITORY — A building used as a group living quarters for a student body, resident faculty or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

DRAINAGE SYSTEM — A system for the removal of water from land by drains, grading or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and ground waters and the prevention and/or alleviation of flooding.

DRY-CLEANING FACILITY — A building or facility used primarily for dry cleaning clothing and garments. This is a separate use from a dry-cleaning drop-off service (see Personal convenience services).

DUPLEX — A house containing two dwelling units adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex shall be considered as one principal building occupying one lot for the purpose of determining yard requirements.

DWELLING, SINGLE-FAMILY — A building used exclusively for occupancy by one family.

DWELLING, TWO-FAMILY — A building used exclusively for occupancy by two families living independently of each other either as a duplex or with one unit built over the other.

DWELLING UNIT — A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.

ENVIRONMENTAL CONSTRAINTS — Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

EQUIPMENT SHELTER, CELLULAR — An enclosed structure, cabinet, shed or box used as an accessory to a cellular communications antenna array to house electrical equipment, batteries and emergency electrical generators directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.

EXTRACTIVE INDUSTRY — The extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FAMILY MEMBER — A person, or persons, related by blood, marriage or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

FARMING — The raising and keeping of cattle, horses, sheep or goats (but not swine, poultry or fur animals, or kennels for the raising or keeping of dogs or cats), and the growing of all agricultural products for commercial purposes, including fruits, vegetables, hay and grain; provided, however, that all structures used wholly or in part for the keeping or raising of animals or livestock shall be located a minimum of 100 feet from the nearest adjoining lot line.

FAST-FOOD RESTAURANT — The retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared specialized items, including but not limited to hamburgers, chicken, fish and chips, tacos and hot dogs, for consumption either on or off the premises in a facility where all or a substantial portion of the sales is by stand-up or drive-through service. Such use, however, shall not include bakeries, delicatessens or such similar types of retail establishments.

FINAL PLAT — The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Board and any accompanying material as described in the Land Development and Subdivision Regulations, § 200-1 et seq., and/or required by the Planning Board.

FLAG — Any banner not commercial in nature.

FLOATING ZONE — An unmapped zoning district adopted within this chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved.

FLOODPLAIN or FLOOD HAZARD AREA — An area that is subject to a flood from a storm having a one-percent (1%) chance of being equaled or exceeded in any given year, as delineated on a community's flood hazard map as approved by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended [Pub. L. No. 90-448, as amended (Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq)].

FREEBOARD — A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FRUIT OR VEGETABLE STAND — A temporary seasonal structure used for the sale of fruits, vegetables, or agricultural products that is sited on the lot on which the products being offered for sale have been grown or reared. The square footage of the stand shall not exceed 50 square feet in footprint.

FUNERAL HOME — A place, establishment, or premises, licensed by the State of Rhode Island, devoted to the activities that are incident, convenient, or related to the care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial, or other disposition of human dead bodies and including, but not limited to, a suitable room with all instruments and supplies used for the storage or preparation of dead human bodies for burial or other disposition. Also referred to as a mortuary in this chapter.

GARAGE — A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles.

GASOLINE FILLING STATION — A building, structure or premises where motor vehicular fuel is stored for sale to the public and where other sales activities and any motor vehicle repairs and maintenance which are customarily accessory to the sale of motor vehicle fuel, oil and lubricants are carried on, including the temporary storage of such repairable and repaired vehicles.

GOLF COURSE — A parcel used for golf purposes, including fairways, greens, tennis, squash and related sports facilities, pool, restaurants and banquet facilities, and/or maintenance facilities.

GOVERNING BODY — The Barrington Town Council, having the power to adopt ordinances, accept public donations, release public improvement guarantees, and collect fees.

GOVERNMENTAL BUILDING — A building or structure owned, operated, or occupied by a governmental agency to provide a public service to the public.

GROSS FLOOR AREA — See R.I. State Building Code.

GROUNDWATER — "Groundwater" and associated terms, as defined in § 46-13.1-3 of the Rhode Island General Laws (R.I.G.L.).

HALFWAY HOUSES — A residential facility for adults or children who have been institutionalized for criminal conduct, and who require a group setting to facilitate the transition to a functional member of society.

HARDSHIP — See Article XIII of this chapter.

HAZARDOUS WASTE — As defined in Rhode Island General Laws § 23-19.1-4, as amended from time to time.

HAZARDOUS WASTE DISPOSAL — As defined in Rhode Island General Laws § 23-19.1-4, as amended from time to time.

HAZARDOUS WASTE MANAGEMENT FACILITY — As defined in Rhode Island General Laws Section 23-19.1-4, as amended from time to time.

HEALTH CARE FACILITY — Any institutional health service provider, facility or institution, place, building, agency or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated or engaged in providing health care services, including but not limited to hospitals; skilled nursing facilities; intermediate care facilities; home health agencies; rehabilitation centers; kidney disease treatment centers; health maintenance organizations; freestanding emergency care facilities; facilities providing surgical treatment to patients not requiring hospitalization; and hospice care. The term "health care facility" also includes organized ambulatory care facilities which are not part of a hospital but which are organized and operated to provide health care services to outpatients, such as central services facilities serving more than one health care facility or health care provider, treatment centers, diagnostic centers, rehabilitation centers, outpatient clinics, infirmaries and health centers, and neighborhood health centers.

HEAVY MACHINE TRADE SCHOOL — Any school, institute, class or instruction for the teaching of industrial or heavy mechanical skills where heavy machinery of an industrial or manufacturing nature is used on the site as a means of instruction.

HEIGHT, BUILDING — For a vacant parcel of land, building height shall be measured from the average, existing -grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flagpoles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA (Federal Emergency Management Agency) Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) -suggested design elevation three-foot-sea-level-rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• A. The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or
• B. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every 10 years, or as otherwise necessary.

HEIGHT, CELLULAR TOWER — The distance measured from ground level to the highest point on a cellular communications tower, including the cellular communications antenna array.

HELIPORT — Any private area used for the landing and taking off of a helicopter engaged in the personal or business operations of the person or company maintaining such heliport for the purposes of picking up and discharging of passengers or cargo, but not including fueling, repair or service facilities. The term "heliport" shall include but not be limited to: helipad, touchdown area, takeoff area, landing area, peripheral area, storage area or garage or hangar and helicopter landing facility.

HIGHER EDUCATIONAL INSTITUTION — Any university, college, junior college or similar public or nonprofit private educational organization or institution for post-high-school training and education, including secretarial, business, trade, technical and professional education.

HISTORIC DISTRICT — One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and which has been registered or is deemed eligible to be included on the State Register of Historic Places pursuant to § 42-45-5 (R.I.G.L.).

HISTORIC OR CULTURAL RESOURCE — Any real property, structure, natural object, place, landmark, landscape, archaeological site or configuration or any portion or group of the preceding which has been listed on the federal or state register of historic places or that is considered by the Rhode Island Historical Preservation & Heritage Commission to meet the eligibility criteria for listing on the state register of historic places pursuant to R.I.G.L. § 42-45-5 or is located in a historic district established by a municipality in accordance with Chapter 24.1 of R.I.G.L. Title 45, Historic Area Zoning.

HISTORIC SITE — Any real property, human-made structure, natural object or configuration or any portion or group of the foregoing which has been registered or is deemed eligible to be included on the State Register of Historic Places pursuant to § 42-45-5 (R.I.G.L.).

HOME OCCUPATION — Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

HOSPITAL — A health care facility with an organized medical staff providing twenty-four-hour inpatient services for the diagnosis, care and treatment of two or more individuals unrelated by blood or marriage.

HOTEL — A building of more than two stories in height, subject, however, to the maximum height limitations of Article VI of this chapter, located on a site of not less than three acres, and containing units for transient or overnight lodging without individual kitchen facilities. Such use may contain accessory facilities, including but not limited to a restaurant, a swimming pool and other recreation facilities.

HOUSEHOLD — One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

• A. A family, which may also include servants and employees living with the family; or
• B. A person, or group of unrelated persons living together, not to exceed three such persons.

HYBRID CANNABIS RETAILER — Under Sec. 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to Chapter 28.6 of Title 21 that is in good standing with the Department of Business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell nonmedical or adult use cannabis to consumers.

IMPROVEMENT — Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

IMPROVEMENT GUARANTEE — A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See R.I.G.L. § 45-23-46.

INCENTIVE ZONING — The process whereby additional development capacity is granted in exchange for a developer's provision of a public benefit or amenity as specified in this chapter.

INCINERATOR — A facility for burning of refuse, organic material, garbage or other waste or by-products of any nature.

INCLUSIONARY HOUSING AGREEMENT — An agreement recorded in the Town's Land Evidence Records describing how the developer will comply with the provisions of this article.

INCLUSIONARY HOUSING PLAN — A plan setting forth, in detail, the manner in which the provisions of this article will be implemented.

INCLUSIONARY UNIT — An affordable housing unit, as defined in this article.

INDIVIDUAL INSTRUCTION or TUTORING — The teaching, tutoring, instruction or counseling of no more than one individual at any one time in any educational, scholastic, artistic, musical or self-help or self-improvement subject, as an accessory use to the principal residential use.

INDOOR COMMERCIAL RECREATION — A facility providing for indoor activities of a recreational, games or sporting nature done on a commercial or for-profit basis, including, without limitation, bowling alleys and dancing facilities, pool halls and similar facilities.

INDUSTRIAL ACTIVITY — All manufacturing, assembling or storage of materials causing noise, odor, traffic, pollution, discharge of hazardous waste or material or any other condition that could be incompatible with or deleterious to a residential neighborhood, except as otherwise expressly permitted by this chapter. "Industrial activity" includes but is not limited to the following: all manufacturing and assembling activities that are not a "limited manufacturing activity;" chemical (including without limitation acids, alcohols, paints, coatings, solvents, soaps and rubber), natural gas or petroleum distillation, refining, fractionation, processing or manufacture; animal or seafood rendering or slaughtering, or associated refining, processing or manufacturing except as necessary for retail sales within the Town; asphalt manufacture or refining; automotive or vehicle manufacture or assembly; petroleum, coal, rubber, bituminous, concrete, cement, lime, gypsum or plaster of paris products processing, manufacture or production; brass, iron, steel, foundry steel or other metal or ore furnace, rolling mill, manufacture, melting or processing operations; brewery or distillery; brick, tile, terra-cotta or cinder block manufacture; explosives assembly, manufacture or storage; fertilizer or glue manufacture; loam or soil stripping except in connection with new construction on the same site; mining or crushing of sand, stone, gravel or rocks; plating and associated activities; and the printing, dyeing, bleaching, processing or manufacture of textiles or raw materials used in textiles.

INFRASTRUCTURE — Facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.

LAND — Real property including improvements and fixtures on, above, or below the surface.

LAND DEVELOPMENT PROJECT — A project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, planned development or cluster development for residential commercial, institutional, recreational, open space, or mixed uses. The local regulations shall include all requirements, procedures and standards necessary for proper review and approval of land development projects to ensure consistency with this chapter and the Rhode Island Zoning Enabling Act.

• A. MINOR LAND DEVELOPMENT PROJECTA land development project as defined in the Land Development and Subdivision Regulations, § 200-1 et seq. The process by which minor land development projects are reviewed by the Planning Board, technical review committee and/or Administrative Officer is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
• B. MAJOR LAND DEVELOPMENT PROJECTA land development project which exceeds the thresholds for a minor land development project as set forth in this section and chapter or the Land Development and Subdivision Regulations, § 200-1 et seq. The process by which major land development projects are reviewed by the Planning Board, Technical Review Committee or Administrative Officer is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.

LAND USE REGULATION — A rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for these uses.

LIMITED MANUFACTURING ACTIVITY — Low-intensity manufacturing or assembly operations that do not include any of the following: outdoor storage of materials; operations, work or activity between the hours of 6:00 p.m. and 6:00 a.m.; the release of any emission, pollution or hazardous waste or material into the air, ground or water; and the production of noise, odor, traffic or congestion that could be incompatible with or deleterious to a residential neighborhood. Such "limited manufacturing activities" may include the following: arts and crafts manufacturing and assembly; creation of computer software; assembly of electronic products; and assembly of jewelry, optical devices, scientific, medical, engineering or precision instruments, devices or machines.

LIVE-WORK SPACE — A building or space within a building used jointly for business and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Specific business uses allowed in a live-work space will be governed by the uses allowed in the underlying zoning.

LIVING SPACE — The total floor areas of rooms used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, lavettes, laundries, pantries, closets, storage spaces, foyers, breezeways, stairways, porches, basements and cellars, and any area with less than five feet clear headroom.

LOCAL BOARD — Any Town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision or zoning laws.

LOCAL GOVERNMENT — Any governmental agency authorized by this chapter to exercise the power granted by this chapter.

LOT — Either:

• A. The basic development unit for determination of lot area, depth and other dimensional regulations; or
• B. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

LOT AREA — The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

LOT AREA, MINIMUM — The total area within boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

LOT BUILDING COVERAGE — That portion of the lot that is or may be covered by buildings and accessory buildings. For the purposes of this chapter, swimming pools and tennis courts shall not be considered in the measurement of lot coverage as an accessory use to single-family dwellings.

LOT, CORNER — A lot at the junction of and fronting on two or more intersecting streets which intersect at an angle of less than 135º.

LOT DEPTH — The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

LOT FRONTAGE — That portion of a lot abutting a street. The measured frontage of a lot with noncontiguous frontage shall be the longest continuous front lot line of the lot.

LOT LINE — A line of record, bounding a lot, which divides one lot from another lot, or from a public or private street or any other public or private space, and shall include:

• A. FRONTThe lot line separating a lot from a street right-of-way. Section 185-18 specifies the method used to determine the front lot line on lots fronting more than one street, for example, corner and through lots;
• B. REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
• C. SIDEAny lot line other than a front or rear lot line. On a corner lot, one side lot line will also be a street lot line.

LOT SIZE, MINIMUM — See "lot area, minimum."

LOT, THROUGH — A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH — The horizontal distance between the side lines of a lot measured at right angles to its depth, along a straight line parallel to the front lot line at the minimum front setback line.

LOW- OR MODERATE-INCOME HOUSING — Shall be synonymous with "affordable housing" as defined in R.I.G.L § 42-128-8.1 and further means of housing, whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low- or moderate-income households, as defined in the applicable federal or state statute, or local ordinance, and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and Town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

MAINTENANCE GUARANTEE — Any security instrument which may be required and accepted by a municipality to ensure the necessary improvements will function as required for a specific period of time. See "improvement guarantee."

MAJOR RECREATIONAL EQUIPMENT — Includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers and other recreational vehicles, campers and motor homes in excess of 26 feet, but does not include "trailer or house trailer" or "mobile home" as defined herein.

MARINA — A complex of boating facilities designed as a unit, including such facilities as permanent slips, launching ramps, boat rentals, ships' stores, minor repairs and accommodations for eating, winter storage and boat sales, and excluding major overhaul and repair.

MASTER PLAN — An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. See the Land Development and Subdivision Regulations, § 200-1 et seq.

MEDICAL MARIJUANA CULTIVATION CENTER — Any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana to a registered compassion center or other entity authorized to dispense marijuana.

MEDICAL MARIJUANA EMPORIUM — Any retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of medical marijuana takes place. This shall include, without limitation, any so-called "vape lounge," "vapor lounge," or any other establishment at which medical marijuana is consumed in vaporized form. This shall not include a compassion center or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.

MEMORY-CARE FACILITY — An "alzheimer's/dementia special-care unit or program," as defined in R.I.G.L. § 23-17.4-2(3).

MERE INCONVENIENCE — See Article XIII of this chapter.

MERGER DISTRICT — A combination of zoning use districts which have been designated for the merger of substandard lots under contiguous ownership.

MIXED USE — A mixture of land uses within a single development, building or tract.

MIXED USE COMMERCIAL — A structure which contains commercial space on the first floor at street level and which also includes one or more residential units which are located on an upper story or stories of the structure and separated completely from the commercial uses.

MIXED USE RESIDENTIAL — A structure which is used for both residential and commercial purposes, each of which is totally separated from the other. In a mixed use residential structure, there shall be no more than one residential unit and no more than one commercial unit.

MOBILE HOME — A single-family dwelling designed to be transported, after fabrication, on streets and highways, and arriving at a site where it is to be occupied as a dwelling complete and ready for occupancy, except for incidental unpacking and assembly operation, location on jacks or permanent foundations and connection to utilities.

MODIFICATION — Permission granted and administered by the Building Official/Zoning Enforcement Officer to grant a dimensional variance, other than lot area, from the requirements of this chapter, but not to exceed 15% of each of the applicable dimensional requirements. Modifications are not permitted by this chapter. See § 185-40 of this chapter.

MORTUARY — See "funeral home."

MOTEL — A one- or two-story building intended and designed solely for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.

MULTIFAMILY DWELLING — A building consisting of three or more separate dwelling units and/or townhouses, row houses, apartments and/or condominiums.

MUNICIPAL GOVERNMENT SUBSIDY — Assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in R.I.G.L. § 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any combination of forms of assistance.

NEIGHBORHOOD RESTAURANT — A restaurant, as defined herein, with no more than 30 seats; subject to performance standards set forth in § 185-73.1.

NONCONFORMANCE — A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types:

• A. NONCONFORMING BY USEA lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, and including a building or structure containing more dwelling units than are permitted under the use regulations of this chapter.
• B. NONCONFORMING BY DIMENSIONA building, structure or parcel of land not in compliance with the dimensional regulations of this chapter, and including a building or structure containing a permitted number of dwelling units under the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations.

NURSERY SCHOOL — A facility providing primarily educational instruction and training to pre-kindergarten children two years of age and older, provided that such facility shall be licensed by all appropriate state or other governmental agencies.

OFFICE BUILDING — A building used primarily for conducting office and clerical work, recordkeeping and similar such work for a business, profession, service, industry, government or like activity.

OPEN SPACE — Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

OPEN STORAGE — The storage outside of a completely enclosed structure of any commodity, equipment, supplies, material or substances related to a business or industrial use.

OUTDOOR EVENT USE — A property where the principal use is as a venue for social gatherings such as weddings, wedding receptions, reunions, birthday parties, bar mitzvahs, quinceaneras, and other similar events, where all or some portion of the event takes place outdoors.

OUTDOOR SEATING AREA — The portion of a business premise operated as a restaurant not located within any completely enclosed structural or interior portion of the building in which the restaurant is located, or of which it is a part, and which outdoor area consists of tables, chairs, or both, counter tops, stools or other seating arrangements used for the consumption of food, beverage, or both.

OVERLAY DISTRICT — A district established in this chapter that is superimposed on one or more districts or parts of districts, and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

OWNER — The owner or owners of record as recorded in the records of land evidence of the Town.

PARCEL — A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

PARK (PUBLIC OR PRIVATE) — Specific area of land designed and intended for the recreational use or enjoyment of users.

PARK AND RIDE FACILITY — Parking lots that are free of charge to anyone to encourage public transit or carpool. All vehicles are parked at the owner's risk.

PARKING AREA OR LOT — All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

PERFORMANCE STANDARDS — A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERMITTED USE — A use by right which is specifically authorized in a particular zoning district.

PERMITTING AUTHORITY — The local agency of government, meaning any board, commission or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

PERSONAL CONVENIENCE SERVICE — Any business or commercial activity, such as a barber- or beauty shop, clothes-cleaning pickup or pressing establishment, dressmaking or tailoring service, self-service laundry or dry cleaning dropoff, shoe repair, tanning salon, or any similar activity providing for the care of the person or their apparel.

PHASED DEVELOPMENT — Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site.

PHYSICAL CONSTRAINTS TO DEVELOPMENT — Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also "environmental constraints."

PLACE OF PUBLIC ASSEMBLY — Any type of auditorium, theater, stadium, assembly, exhibition or convention hall, publicly supported and maintained sports arena, gymnasium, swimming pool and other similar place of assembly.

PLANNED DEVELOPMENT — A land development project, as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

PLANNING BOARD — The official planning agency of the Town of Barrington, designated as the Planning Board of the Town of Barrington and established by the municipality under Chapter 22 of R.I.G.L. Title 45.

PRE-APPLICATION CONFERENCE — An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from municipal officials and others. See R.I.G.L. § 45-23-35.

PREMISES — A lot or contiguous group of lots or parcel of land, together with all buildings, structures and uses thereon.

PRIVATE SCHOOL — Any nonpublic nursery school, kindergarten, elementary (1-8), secondary (9-12) school.

PROFESSIONAL HOME OFFICE — Office or studio in a dwelling of a physician, surgeon, dentist, attorney, engineer, architect, auditor, accountant or other professional person licensed by law or certified by a recognized professional society or agency and providing professional services, residing on the premises, having no more than two nonresident associates or employees and not offering commodities for sale.

PROPERTY OWNER'S ASSOCIATION — The designated, private, not-for-profit membership corporation established by a developer with the approval of the Town Council to own, operate and maintain various common properties that may exist as part of a cluster development or other common property ownership covenants. Membership in such corporation shall run with the land, meaning that a homeowner is automatically a member of the association.

PUBLIC IMPROVEMENT — Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

PUBLIC SCHOOL — Any kindergarten, elementary, middle, junior high or high school established and operated by the Town.

PUBLIC UTILITY — A public service corporation, either private or governmental, supplying or transmitting gas, electricity, transportation, water or communications to any or all members of the public.

RECREATION BOAT STORAGE — Dry-storage of boats intended for recreational use other than as permitted in § 185-82.

RECYCLING CENTER — A building or facility for the purpose of collecting and sorting recyclable materials.

RELIGIOUS BUILDING — A building or structure, or groups of buildings or structures, which are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

RESTAURANT — A building or premises where food and beverages are prepared and served or sold to persons ready for immediate consumption either on the premises or on a take-out basis; for purposes of this definition, the term "restaurant" shall include take-out establishments and coffee or donut shops, so-called, even if no space is set aside for persons to consume food or beverages on the premises.

SANITARY LANDFILL CENTER — A licensed land disposal site employing an engineered method of disposal of solid waste in a manner that absolutely minimizes environmental hazards, including: spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume; and applying cover material at the end of each operating day, or at such more frequent intervals as may be necessary. A sanitary landfill shall also mean a solid waste landfill.

SATELLITE RECEIVING ANTENNA — Any instrument designed or used for the reception of television or radio communications relayed from earth-orbiting satellites or other transmitting media.

SEAT — Space for one person to sit.

SENIOR HOUSING — Housing units as part of a senior residential community, with covenants restricting occupancy to at least one person 55 years of age and older, pursuant to the "housing for older persons" exemption of the federal Fair Housing Act, as amended.

SENIOR MULTIFAMILY HOUSING — A building consisting of three or more senior housing apartments and/or condominiums.

SENIOR RESIDENTIAL COMMUNITY — A planned cottage housing development consisting entirely of senior housing on a single lot, including facilities containing limited support services for the residents of the development, as described in Article XXX.

SENIOR SERVICES TRAINING CENTER — An accessory use to a nursing home, assisted-living facility, and/or memory-care facility, used to train current and future employees in the skills necessary for such uses. It may include classrooms and other educational support facilities, including meeting facilities for conferences relating to the activities conducted in the facility. This shall not exceed 5% of the square footage of the total square footage of the principal use structures.

SETBACK LINE OR LINES — A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located, that establishes the area within which the principal structure must be erected or placed.

SHARED PARKING — The approved use of the same off-street parking spaces for two or more uses where peak parking demand of the different uses occurs at different times of the day, or where various uses are visited without moving the automobile; and where the division of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements, if required separately.

SHOPPING CENTER — A group of three or more contiguous commercial establishments, planned, developed, owned and managed as a single unit with off-street parking provided on the lot or parcel.

SIGN — Any sign face and supporting structure, including brackets, posts, guys and other appurtenances.

SIGN, DIRECTORY — A sign which contains listings of two or more commercial establishments and is designed and constructed with provision to allow changes of occupancy without major alterations of the entire sign.

SIGN FACE — Any picture, symbol, emblem, letter, object or decorative device, or combination of these, whether illuminated or not illuminated, which is designed to be freestanding or used on the exterior of a building or seen from the exterior of a building. A sign face may convey a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization, or may be purely decorative.

SIGN FACE, AREA OF — An area enclosed by the exterior edges of the sign, excluding any supporting structure. A double-sided sign face shall be deemed to be one sign having an area equal to the area of one side. Any wall work incidental to the decoration of a sign, or any unnecessary structural framework that serves primarily to enlarge the visual effect of the sign, shall be included when measuring the area of signs permitted under this article.

SIGN, FREESTANDING — A sign separate from a building, being supported on itself.

SIGN, ILLUMINATED BOX OR PANEL — A sign consisting of an internally illuminated box with letters or symbols and an opaque background.

SIGN, ILLUMINATED LETTERS — An internally illuminated sign consisting of individual letters with translucent faces, each containing lighting elements.

SIGN, LADDER — A type of directory sign which is a freestanding ground sign with two vertical supports and two or more horizontal cross pieces serving as individual signs for identification purposes, except that in no case shall there by any spaces between the individual horizontal cross pieces.

SIGN, NEON — A gas-filled tube sign subjected to high voltage with various colors depending on the type of gas and the color of the tubing.

SIGN, PROJECTING — A sign that projects horizontally from the vertical side of a structure below its roofline.

SIGN, TEMPORARY EVENT — A sign or banner erected for a limited period of time, which period of time shall be terminated by the completion or occurrence of the election, work, event, sale of the premises, or service or related product advertised to which it refers.

SINGLE-FAMILY CLUSTER RESIDENTIAL DEVELOPMENT — A detached single-family residential dwelling development of a tract of land which is sensitive to topography and natural site features, providing more open space for common use through the reduction of lot size requirements.

SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

SLOPE OF LAND — The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

SPECIAL USE — A regulated use which is permitted pursuant to a special use permit issued by Zoning Board of Review under the provisions of Article XIV of this chapter.

STORY — That portion of a building between the upper surface of any floor and the upper surface of any floor next above, having more than 1/2 of its height above the average elevation of the finished lot grade adjoining the building, and any portion of a building used for human occupancy between the topmost floor and the roof. In any building not divided into customary stories, each 10 feet of building height shall be counted as one story.

STREET — A public or private throughway used or intended to be used for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See "street classification."

STREET, ACCESS TO — An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

STREET, ALLEY — A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

STREET CLASSIFICATION — A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications use the following as major categories:

• A. ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
• B. COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
• C. LOCALStreets whose primary function is to provide access to abutting properties.

STREET, CUL-DE-SAC — A local street with only one outlet and having an appropriate 20 vehicular turnaround, either temporary or permanent, at the closed end.

STREET, LIMITED ACCESS HIGHWAY — A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway.

STREET LINE — A lot line separating a lot from a street.

STREET, PRIVATE — A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.

STREET, PUBLIC — All public property reserved or dedicated for street traffic.

STREET, STUB — A portion of a street reserved to provide access to future development, which may provide for utility connections.

STRUCTURE — A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.

SUBDIVISION — The division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision.

• A. ADMINISTRATIVE SUBDIVISIONSubdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which the Administrative Officer or Planning Board reviews any subdivision qualifying for this review is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
• B. MINOR SUBDIVISIONA subdivision creating nine (9) or fewer buildable lots. The process by which the Planning Board, Technical Review Committee, and/or Administrative Officer reviews a minor subdivision is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
• C. MAJOR SUBDIVISIONA subdivision creating ten (10) or more buildable lots. The process by which the Planning Board reviews any subdivision qualifying for this review under the Land Development and Subdivision Regulations, § 200-1 et seq.

SUBSTANDARD LOT OF RECORD — Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

SWIMMING POOL — Any receptacle which is constructed, erected or installed, and which is used, designed for use or intended for swimming in connection with a residential use; provided, however, that this definition shall not apply to any such pool less than 24 inches deep or having a surface area of less than 250 square feet, except when such pool is permanently equipped with a water recirculating system or involves permanent structural materials.

TECHNICAL REVIEW COMMITTEE — A committee or committees appointed by the municipality or the purpose of reviewing, commenting, approving and/or making recommendations to the Planning Board or Administrative Officer, as set forth in this chapter and the Land Development and Subdivision Regulations, § 200-1 et seq.

THEATER — A building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

TOURIST HOME or LODGING HOUSE — A building occupied by a resident family thereon with not fewer than three but not more than seven guest rooms where lodging with or without meals is provided for compensation. A "tourist home" may include a bed-and-breakfast.

TOWNHOUSE — A building containing three or more dwelling units in a row in which each dwelling unit has its own front and rear access to the ground, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from another dwelling unit by one or more party walls.

TRAILER COURT, TRAILER PARK or MOBILE HOME PARK — A parcel of land which has been planned for the placement of two or more trailers, house trailers or mobile homes.

TRAILER or HOUSE TRAILER — A vehicle or similar portable structure without motive power, to be drawn by a motor vehicle, used for living or sleeping purposes and provided with any or all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. This shall not include storage containers, as permitted by §§ 185-13K and 185-13.1B.

TRANSIT SHELTERS — An independent structure having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.

UNIFIED DEVELOPMENT REVIEW — Approval of dimensional variances, use variances, and/or special-use permits for properties undergoing review by the Planning Board as land development or subdivision projects pursuant to § 45-23-36 of Rhode Island General Law, be conducted and decided by the Planning Board.

USE — The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

VARIANCE — Permission to depart from the literal requirements of this chapter under the provisions of Article XIII of this chapter; an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance:

• A. USE VARIANCEPermission to depart from the use requirements of this chapter, where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
• B. DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, under the applicable standards set forth in § 45-24-41 of R.I.G.L.

VESTED RIGHTS — The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.

VETERINARY OFFICE — A building or facility providing veterinarian services, including medical treatment, examination, surgery, diagnosis, grooming, and general health care of domestic animals and birds.

WATERS — As defined in § 46-12-1(b) (R.I.G.L.).

WATER STORAGE TANK — An elevated structure containing potable water.

WETLAND, COASTAL — As defined in § 2-1-14 (R.I.G.L.).

WETLAND, FRESHWATER — As defined in § 2-1-20 (R.I.G.L.).

WHOLESALE BUSINESS — Includes the storage of goods, supplies or equipment for distribution to dealers, retailers, jobbers or contractors, including incidental selling to the public in which the floor area used for the storage of goods, supplies or equipment is not less than 66 2/3% of the gross floor area of any structures involved.

WIND ENERGY SYSTEM, SMALL-SCALE — An electric generator that utilizes wind energy to produce clean, renewable power, with a total rated capacity of six kilowatts (kW) or less.

WINDOW SIGN — A sign permanently affixed to the surface of the glass of any part of any establishment. Signs visible through a window on a permanent basis are considered window signs even though they may not be affixed directly to the glass. Paintings of sign faces on the glass itself are window signs.

YARD — The area on the same lot with a principal building or structure which is unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise herein provided, and shall include:

• A. FRONTThe area extending across the full width of the lot between a street line and a line parallel thereto drawn through the nearest point of a principal structure.
• B. REARThe area extending across the full width of the lot between the principal building and rear lot line, and measured perpendicular from the rear lot line to the closest point of the principal building.
• C. SIDEThe area extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building.

YARD SALE — Any interior or exterior market at which antiques, curios, jewelry, dishes, glassware, books, furniture, tools, new or secondhand household goods, clothing or other similar articles are sold or traded on a residential lot.

ZONING — The reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.

ZONING BOARD OF REVIEW — The Zoning Board of Review of the Town of Barrington, as described in more detail in Article XII hereof.

ZONING CERTIFICATE — A document signed by the Building Official/Zoning Enforcement Officer which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter, or is an authorized variance or modification therefrom.

ZONING MAP — The map or maps which are a part of this chapter, and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Barrington.

ZONING PERMIT — The permit required under the provisions of § 185-40 hereof to be issued by the Building Official/Zoning Enforcement Officer to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.

ZONING USE DISTRICT — The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. This term shall be synonymous with "zoning district."

Editor's Note: See 47 U.S.C. § 609 et seq.

[Added 6-2-2014 by Ord. No. 2014-3; amended 12-4-2023 by Ord. No. 2023-12]

Unless specifically defined § 185-5 or below, words and phrases used in Article XXIII, Development in Areas of Special Flood Hazard, pertain to floodplain management, have the same meaning as they have in common usage and to give the article its most reasonable application.

ACCESSORY STRUCTURE — A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SPECIAL FLOOD HAZARD — See definition for "special flood hazard area."

BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE) — The elevation of the crest of the base flood or one-hundred-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

BASEMENT — Any area of a building having its floor subgrade (below ground level) on all sides.

BUILDING — See definition for "structure."

COASTAL A ZONE — Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

COST — As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

DEVELOPMENT — Any human-made change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION — A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD INSURANCE RATE MAP (FIRM) — The official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS) — The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING — Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."

FUNCTIONALLY DEPENDENT USE OR FACILITY — A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

HIGHEST ADJACENT GRADE (HAG) — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE — Any structure that is:

• A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
• B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
• C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
• D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
  • (1) By an approved state program as determined by the Secretary of the Interior; or
  • (2) Directly by the Secretary of the Interior in states without approved programs.

LIMIT OF MODERATE WAVE ACTION (LiMWA) — An advisory line indicating the limit of the one-and-one-half-foot wave height during the base flood.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of § 60.3.

MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION — A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE — Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION — A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

RECREATIONAL VEHICLE — A vehicle which is:

• A. Built on a single chassis;
• B. Four hundred square feet or less when measured at the largest horizontal projection;
• C. Designed to be self-propelled or permanently towable by a light-duty truck; and
• D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY — See definition for "floodway."

SHEET FLOW AREA (for community with AO, AH, or VO Zones only) — See definition for "area of shallow flooding."

SPECIAL FLOOD HAZARD AREA (SFHA) — The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. After detailed rate making has been completed in preparation for publication of the Flood Insurance Rate Map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."

START OF CONSTRUCTION — For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE —

• A. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
• B. For insurance purposes, means:
  • (1) A building with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site;
  • (2) A manufactured home (A "manufactured home," also known as a "mobile home," is a structure, built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation.); or
  • (3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.
• C. For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection B(3) of this definition, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure, whereby the cost of restoring the structure to before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

• A. Any project to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
• B. Any alteration of the historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE — A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

VIOLATION — Failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. Construction or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Editor's Note: The former definition of "freeboard," which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.

Editor's Note: See 44 CFR 60.3.

Editor's Note: See 16 U.S.C. § 3501 et seq.

[Added 12-4-2023 by Ord. No. 2023-12]

Unless specifically defined § 185-5 or below, words and phrases used in Article XXVI, Low- and Moderate-Income Housing, pertain to low- and moderate-income housing, have the same meaning as they have in common usage and to give the article its most reasonable application.

ADJUSTMENT — Request or requests by the applicant for a comprehensive permit to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the Land Development and Subdivision Regulations.

AFFORDABLE HOUSING PLAN — That component of the housing element of the Town Comprehensive Plan designed to meet address the housing needs in the Town.

APPROVED AFFORDABLE HOUSING PLAN — The affordable housing plan that has been approved by the Director of Administration as meeting the guidelines for the local comprehensive plan as promulgated by the State Planning Council.

CONSISTENT WITH LOCAL NEEDS — Reasonable in view of the state need for low- or moderate-income housing, considered with the number of low-income persons in the Town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the Town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Barrington's zoning and land use ordinances, requirements, and regula.

INFEASIBLE — Any condition brought about by a single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any application to proceed in building or operating low- or moderate-income housing within the limitations set by the subsidizing agency of government or local review board, on the size or character of the development, on the amount or nature of the subsidy, or to the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

LETTER OF ELIGIBILITY — A letter issued by the Rhode Island housing and mortgage finance corporation in accordance with R.I.G.L. § 42-55-5.3(a).

MEETING LOCAL HOUSING NEEDS — As a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20% of the total residential units approved by the Planning Board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-28-128-8.1.

For the purposes of this chapter, the Town of Barrington is hereby divided into the following use districts:

• A. Wildlife Refuge District (WR). This district includes land that is being preserved and managed for the specific purpose of protecting an important animal species habitat area; it includes both Town-owned land and land held by private organizations whose stated goal is the preservation of significant natural areas, including wildlife habitat areas.
• B. Conservation District (C). This district includes freshwater and coastal wetlands, and other environmentally sensitive land or natural areas which are in public ownership, or owned by a private organization for the purpose of maintaining it in its natural condition and/or protecting a plant or animal habitat area. It includes undeveloped areas of the Town which contribute to open space as set forth in the Barrington Comprehensive Plan.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• C. Open Space - Passive Recreation District (OS-P). This district includes land which is either publicly owned open space which is being maintained for nonintensive recreational uses and activities, or privately owned open space which is not suited for further development. It includes undeveloped areas of the Town which contribute to open space as set forth in the Barrington Comprehensive Plan.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• D. Open Space - Active Recreation District (OS-A). This district contains areas of the community which are being maintained for active public use, including all permitted types of active outdoor recreation, schools, government and municipal uses and cultural uses and activities.
• E. Agriculture-Rural District (AR). This district contains where agriculture is the primary land use but also includes residential use. The future land use intent is to preserve rural character, prime farmland and open spaces through larger minimum lot sizes, and other land conservation strategies; the extension of infrastructure such as public water or sewer lines shall not be permitted.

  [Added 12-2-2019 by Ord. No. 2019-17]

  Editor's Note: This ordinance also provided for the redesignation of former Subsections D through I as Subsections F through J, respectively.

• F. Recreation and Education District (RE). This district contains privately owned areas of the community which are used for permitted private educational institutions and active private recreational activities.
• G. Residence 40 District (R-40). This district contains areas of the community which are partially or fully developed at an approximate density of one dwelling unit per acre, and areas for which this density of development is considered appropriate.
• H. Residence 25 District (R-25). This district contains areas of the community which are partially or fully developed at an approximate density of two dwelling units per acre, and areas which are planned for future development at this density.
• I. Residence 10 District (R-10). This district contains development areas of the community which are developed at densities in excess of two dwelling units per acre, and areas which are planned for future development at approximately four dwelling units per acre.
• J. Residence 40 and Residence 25 Cluster Districts (R-40C, R-25C). These districts contain those areas of R-40 and R-25 Districts rezoned pursuant to Article XX of this chapter by the Town Council to Residence 40 Cluster (R-40C) and Residence 25 Cluster (R-25C) Districts, respectively, to permit construction of clustered housing.

  Editor's Note: Former Subsection J, Residence 40 Conservation Development District (R-40CD), added 2-6-2012 by Ord. No. 2012-1, was repealed 12-2-2019 by Ord. No. l 2019-17.

• K. Neighborhood Business District (NB). This district contains areas of the community in which business uses are permitted which are in character and scale with, and appropriate to, proximate residential uses. It is intended to provide areas for commercial and retail activities which do not generate the traffic, glare, noise or larger parking areas associated with more intensive business uses allowed in the Business District.
• L. Business District (B). This district includes areas of the community suitable and intended for intensive business and commercial activity and uses.

  [Added 12-4-2023 by Ord. No. 2023-12]

  Editor's Note: This ordinance also redesignated former Subsections L through Q as Subsections M through R, respectively.

• M. Residence-Business Flex District (RBF). This district, considered a Business District, contains areas of the community in which residence and business uses are permitted to intermingle within the district and within mixed-use buildings in the district. Business and mixed-use buildings are meant to be in character and scale with, and appropriate to, proximate residential uses. Similar to the Neighborhood Business District (NB), it is intended to provide areas for commercial and retail activities which do not generate the traffic, glare, noise or larger parking areas associated with more intensive business uses allowed in the Business District. Unlike the NB, the RBF allows first floor residential in mixed-use buildings so long as the first-floors of such buildings are designed to readily convert to business uses or live-work spaces in the future.

  [Amended 9-11-2017 by Ord. No. 2017-13]

• N. Waterfront Business District (WB). This district contains areas of the community which are now used or are planned for future use of business enterprises requiring or appropriate for waterfront or shoreline locations.
• O. Limited Manufacturing District (LM). This district contains land currently in light manufacturing and related uses, and areas which are considered suitable for future development of manufacturing uses.
• P. Elderly Housing District (EH). This district contains those areas of Business or Manufacturing Districts rezoned pursuant to Article XXI of this chapter by the Town Council to an Elderly Housing (EH) District to permit construction of multi-unit housing for persons 62 years or older, or for persons with disabilities.
• Q. Government and Institutional (GI). This district includes properties that contain governmental buildings of the Town, state and federal government or their agencies. The purpose of this district is to recognize the extent of public land with governmental buildings and to provide guidance as to utilization of these lands. Per § 185-4, Town buildings and properties are exempt from provisions of this chapter.

  [Added 2-6-2012 by Ord. No. 2012-1]

• R. Senior Residential Village (SRV). This district contains those areas rezoned for senior residential village use pursuant to Article XXXI of this chapter.

  [Added 3-7-2016 by Ord. No. 2016-1]

The boundaries of the zoning districts described in § 185-6 are hereby established on a map entitled "Barrington Zoning Map," filed at the office of the Town Clerk, with a true and accurate copy to be maintained in the office of the Building Official, and shown on a set of reproductions of the Barrington Assessor's Plats numbered one to 37. Said map is hereby adopted as part of this chapter. The scales of the various zoning plat sheets are as shown on the individual plats contained in said set. In interpreting these zoning plat maps, the following criteria shall be applied:

• A. Zoning district lines which are located within the boundary of a street, right-of-way, railroad, stream or water body shall be interpreted as following the center line of said feature.
• B. Zoning district lines which are located along shorelines shall be construed as following the mean high tide water mark, and where any alteration of the shoreline, either natural or artificial, is made, the zoning district line shall be interpreted as relocating to the new shoreline location.
• C. Where a zoning district line is located approximately parallel to, in extension of or following a lot line or other mapped feature, it shall be so construed.
• D. Where a lot or parcel of land is divided by a zoning district boundary, the regulations for either district may be applied for a maximum of 50 feet into the other district, following the granting of a special use permit pursuant to the provisions of Article XIV.
• E. Distances not specified on the Zoning Map shall be determined by use of the scale indicated on the zoning plat sheet.
• F. Where clarification of any feature of the Zoning Map is required, the interpretation of the Building Official shall govern, subject to the right of appeal as provided in § 185-58.

Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

[Amended 1-13-1997 by Ord. No. 96-14; 11-13-2000 by Ord. No. 2000-7; 5-16-2006 by Ord. No. 2006-2; 5-9-2011 by Ord. No. 2011-4; 2-6-2012 by Ord. No. 2012-1; 3-7-2016 by Ord. No. 2016-1; 4-3-2017 by Ord. No. 2017-4; 9-11-2017 by Ord. No. 2017-13; 7-30-2018 by Ord. No. 2018-7; 4-1-2019 by Ord. No. 2019-2; 12-2-2019 by Ord. No. 2019-17; 5-2-2022 by Ord. No. 2022-8; 11-7-2022 by Ord. No. 2022-25; 12-4-2023 by Ord. No. 2023-12]

In the following table, the letters shown below are used to denote the status of each use in each zoning district, as follows:

• A. Agricultural uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Farming	S	N	P	N	N	P	N	N	N	N	N	N	N	N	N	N
  Fruit or vegetable stand	N	N	P	N	P	P	P	P	P	P	P	P	P	P	P	P
  Commercial nursery or greenhouse	N	N	N	N	N	P	N	N	N	P	P	N	N	N	N	N

• B. Residential and related uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Single-family detached dwelling	N	N	N	N	N	P	P	P	P	P	N	N	N	N	N	N
  Two-family dwelling	N	N	N	N	N	N	S	S	S	S	N	N	N	P	N	N
  Conversion of single-family dwellings lawfully existing as of 1/1/2012 to two-family dwellings	N	N	N	N	N	N	S	S	S	S	N	N	N	N	N	N
  Mixed-use commercial	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Mixed-use residential	N	N	N	N	N	N	N	N	N	P	N	N	N	P	N	N
  Senior residential community	N	N	N	N	N	N	S	S	S	S	S	N	S	N	N	P
  Multifamily dwelling 1	N	N	N	N	N	N	N	N	N	S 2	P 2	N	N	P	N	N
  Affordable accessory dwelling unit	N	N	N	N	N	N	P	P	P	P	N	N	N	N	N	N
  Accessory dwelling unit	N	N	N	N	N	N	S	S	S	S	N	N	N	N	N	N
  Affordable accessory family dwelling unit	N	N	N	N	N	P 3	P 3	P 3	P 3	P 3	N	N	N	N	N	N
  Accessory family dwelling unit	N	N	N	N	N	S	S	S	S	S	N	N	N	N	N	N
  Accessory living quarters or guest house	N	N	N	N	P	N	P	P	N	N	N	N	N	P	N	P 6
  Community residence	N	N	N	N	P	N	P	P	P	P	N	N	N	P	N	P
  Dormitory for a permitted use	N	N	N	N	P	N	N	N	N	N	N	N	N	N	N	N
  Motel or hotel	N	N	N	N	N	N	N	N	N	N	S	S	N	N	N	N
  Tourist home or lodging house	N	N	N	N	N	N	N	N	N	S	N	S	N	N	N	N
  Home occupation	N	N	N	N	P	P	P	P	P	P	N	N	N	P	N	N
  Professional home office	N	N	N	N	P	P	P	P	P	P	N	N	N	P	N	N
  Keeping of customary household pets	N	N	N	N	P	P	P	P	P	P	P	P	P	P	N	P
  Satellite receiving antenna over 2 feet in diameter	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N

  NOTES:
  1	[Added 7-25-1994]
  2	As part of a mixed use commercial development.
  3	Must meet the accessory apartment meets the affordability standards in § 185-143F.

• C. Open recreation uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Golf course, not including commercial driving range or miniature golf course	N	N	N	N	S	N	N	N	N	N	N	N	N	N	N	N
  Public or private park	N	N	S	P	S	S	S	S	S	S	S	S	S	S	P	P
  Public or private bathing beach	N	N	P	P	S	N	S	S	S	N	N	N	N	N	N	N
  Public or commercial swimming pool	N	N	N	P	S	N	N	N	N	N	S	S	N	S	N	P
  Swimming pool accessory to a dwelling	N	N	N	N	N	P	P	P	P	P	N	N	N	P	N	P
  Riding stable	N	N	N	S	S	P	N	N	N	N	N	N	N	N	N	N
  Day camp for children or youth	N	N	P	P	P	P	N	N	N	N	N	N	N	N	N	N
  Outdoor event use	N	N	N	S	S	S	N	N	N	S	P	P	S	S	S	S
  Accessory out door event use 1	N	N	N	S	S	S	S	S	S	S	P	P	S	S	S	S

  NOTES:
  1	Accessory outdoor event use that has 50 people or less, or that has more than 50 people but occurs no more than four days in any calendar year, shall be permitted by right in all zones.

• D. Marine uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Marina	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N
  Boatyard	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
  Recreation boat storage	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N
  Boating instruction	N	N	P	P	P	N	N	N	N	N	N	P	P	N	N	N
  Yacht club, not including entertainment or alcoholic beverage	N	N	N	N	N	N	N	N	N	N	N	P	P	N	N	N
  Yacht club, including entertainment and/or alcoholic beverage	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N
  Boat and boat supply sales	N	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N

• E. Public and semipublic uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/RBF	B	WB	LM	EH	GI	SRV
  Religious building	N	N	N	N	S	S	S	S	S	S	S	N	N	S	N	P
  Charitable institution with no commercial activity	N	N	N	N	P	N	N	N	N	N	P	P	N	P	P	P
  Hospital or health care facility not for mental, alcoholic or drug addiction treatment	N	N	N	N	N	N	N	N	N	S	S	N	N	P	S	N
  Hospital or health care facility for mental, alcoholic or drug addiction treatment	N	N	N	N	N	N	N	N	N	N	S	N	N	S	S	N
  Congregate health care facility	N	N	N	N	N	N	N	N	N	N	S	N	N	P	S	P
  Cemetery	N	N	S	N	N	S	N	S	N	N	N	N	N	N	N	N
  Family day-care home	N	N	N	N	P	S	P	P	P	P	N	N	N	P	N	N
  Day-care center	N	N	N	S	S	N	N	S	S	S	S	N	N	S	N	S
  Private school	N	N	N	N	P	N	N	N	N	S	S	N	N	N	N	N
  Nursery, preschool and kindergarten	N	N	N	N	P	N	N	N	N	S	S	N	N	N	N	N
  Elementary, 1-8	N	N	N	N	P	N	N	N	N	N	S	N	N	N	N	N
  Secondary, 9-12	N	N	N	N	P	N	N	N	N	N	S	N	N	N	N	N
  Higher education institution	N	N	N	N	P	N	N	N	N	N	S	N	N	N	N	N
  Commercial educational institution	N	N	N	N	P	N	N	N	N	S	P	N	N	N	N	N
  Cultural activity	N	N	P	P	S	N	S	S	S	S	P	S	S	S	P	P

  NOTES:
  1	Permitted as part of Senior Residential Village.

• F. Public utility facilities and uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Electric power substation (§ 155-14 )	N	N	N	N	S	N	S	S	S	S	S	S	P	S	N	N
  Electric generator	N	N	N	N	N	N	N	N	N	N	S	S	S	S	S	N
  High-voltage transmission tower or line (§ 185-207 )	N	N	N	N	S	S	S	S	S	S	S	S	S	S	P	N
  Cellular comm-unications antennas array, private (§ 185-207 )	S	S	S	S	P	N	S	S	S	P	P	P	P	P	P	P
  Cellular comm-unications tower, private (§ 185-207 )	N	N	N	N	S	N	N	N	N	N	N	N	S	N	S	N
  Telephone exchange not open for public business	N	N	N	N	S	N	S	S	S	S	P	P	P	S	N	N
  Utility pole for electric, telephone or other utility lines (§ 185-5 and § 182-1 )	S	S	S	S	P	S	P	P	P	P	P	P	P	P	P	P
  Water pumping station or well field	N	N	N	N	S	S	S	S	S	S	P	P	P	S	P	P
  Water storage tower (§ 185-5 )	N	N	N	N	S	S	S	S	S	S	S	S	S	S	S	P
  Sewage pumping or lift station (§ 155-29 )	N	N	S	S	S	N	S	S	S	S	P	P	P	S	S	P
  Sanitary landfill area, public (§ 185-5 )	N	N	N	N	N	N	N	N	N	N	S	N	S	N	N	N
  Recycling center (§ 185-5 )	N	N	N	N	N	N	N	N	N	S	S	S	S	N	P	N

• G. Office uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Banking institution	N	N	N	N	N	N	N	N	N	N	P	N	N	N	N	N
  Offices, comprising no more than 2,500 square feet of gross floor area, including medical offices such as dentists, doctors, physical therapists, and chiropractor	N	N	N	N	N	N	N	N	N	P	P	P	P	S	P	N
  Offices, comprising over 2,500 square feet of gross floor area, including medical offices such as dentists, doctors, physical therapists, and chiropractor	N	N	N	N	N	N	N	N	N	P	P	N	P	N	P	N

• H. Transportation and related uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Heliport	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
  Commercial off-street parking facility, lot or area	N	N	N	N	N	N	N	N	N	N	N	N	N	N	P	N
  Public park-and-ride facility	N	N	N	N	N	N	N	S	N	S	P	N	N	N	P	N

• I. Retail business.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Supermarket	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Convenience/drug store with less than or equal to 2,000 square feet gross floor area	N	N	N	N	N	N	N	N	N	P	P	S	N	S	N	P 1
  Convenience/drug store greater than 2,000 square feet gross floor area	N	N	N	N	N	N	N	N	N	S	S	N	N	S	N	N
  Food preparation and/or sales	N	N	N	N	N	N	N	N	N	P	P	S	N	N	N	N
  Art supplies, book, card, gift, novelty, hobby, jewelry, music, magazine, tobacco, toy store or shop	N	N	N	N	N	N	N	N	N	P	P	S	N	N	N	N
  Apparel and sporting goods store	N	N	N	N	N	N	N	N	N	P	P	S	N	N	N	N
  Garden supply or florist shop	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Dry goods, luggage, variety, paint and hardware, or auto accessories store	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Bicycle rentals and sales, bicycle repair shop	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Antique or used furniture sales	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  General merchandise, department, furniture or household appliance store; including up to 30% of the total floor area for storage and inventory	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Automotive sales, primarily within a building	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Open lot automotive sales, excluding major repairs	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
  Community or regional shopping center	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Package liquor store, under 3,000 square feet	N	N	N	N	N	N	N	N	N	N	S	S	N	N	N	N
  Package liquor store, under 10,000 square feet	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N
  Package liquor store, 10,000 square feet or greater	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N

  NOTES:
  1	Permitted as part of Senior Residential Village.

• J. Service business.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Personal convenience services	N	N	N	N	N	N	N	N	N	P	P	N	N	P	N	P 1
  Exercise or fitness center	N	N	N	N	N	N	N	N	N	P	P	N	N	P	N	P
  Radio, computer, appliance or television repair	N	N	N	N	N	N	N	N	N	P	P	N	N	N	N	N
  Mortuary or funeral home	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Dry-cleaning facility	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Automatic car-washing facility	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Veterinary office or animal hospital	N	N	N	N	N	N	N	N	N	S	S	N	N	N	N	N
  Vehicle rental office, not including bicycles	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Gasoline filling station	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	N
  Automotive repair garage	N	N	N	N	N	N	N	N	N	S	S	N	N	N	N	N

  NOTES:
  1	Permitted as part of Senior Residential Village.

• K. Eating establishment.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Restaurant, not including alcoholic beverages	N	N	N	N	S	N	N	N	N	S	P	S	N	N	N	P 1
  Restaurant, including alcoholic beverages	N	N	N	N	S	N	N	N	N	S	P	S	N	N	N	P 1

  NOTES:
  1	Permitted as part of Senior Residential Village.

• L. Entertainment businesses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Theater	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	P 1
  Indoor commercial recreation, other than amusement games	N	N	N	N	N	N	N	N	N	N	S	N	N	N	N	P 1

  NOTES:
  1	Permitted as part of Senior Residential Village.

• M. Wholesale business and storage.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Wholesale business and storage of nonflammable and nonexplosive materials in a structure or building	N	N	N	N	N	N	N	N	N	N	P	P	P	N	N	N
  Wholesale business and open storage of new building materials and machinery	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N	N
  Storage of flammable materials	N	N	N	N	N	N	N	N	N	N	S	S	S	N	N	N
  Retail outlet accessory to a storage or manufacturing use, provided that the floor area does not exceed 1,000 square feet	N	N	N	N	N	N	N	N	N	N	P	P	P	N	N	N
  Above-ground storage of heating fuels for resale	N	N	N	N	N	N		N	N	N	N	N	N	N	N	N

• N. Manufacturing and related uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Limited manu-facturing, in conformity with the provisions of Article XIX relating to standards of performance and the emissions of hazardous or noxious by-products	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N	N
  Product assembly, provided that the floor area does not exceed 2,000 square feet	N	N	N	N	N	N	N	N	N	N	P	N	P	N	N	N

• O. Medical marijuana-related uses.

  	WR	C	OS-P	OS-A	RE	AR	R-40	R-25	R-10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Compassion center	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
  Medical marijuana cultivation center	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
  Medical marijuana emporium	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N

• P. Cannabis-related uses.

  	WR	C	OS-P	OS-A	RE	AR	R- 40	R- 25	R- 10	NB/ RBF	B	WB	LM	EH	GI	SRV
  Cannabis cultivator	N	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N
  Cannabis product manu-facturer	N	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N
  Cannabis retailer	N	N		N	N	N	N	N	N	N	S	S	S	N	N	N
  Cannabis testing laboratory	N	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N
  Hybrid cannabis retailer	N	N	N	N	N	N	N	N	N	N	N	N	S	N	N	N

[Added 10-5-1998 by Ord. No. 98-9; amended 7-10-2000 by Ord. No. 2000-6; 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

Any use which is shown as a permitted use in the table in § 185-8 which also includes proposed drive-through service shall be permitted only as a special use under the provisions of Article XIV and shall be subject to the requirements of Article XXIV (Development Plan Review) and the Land Development and Subdivision Regulations § 200-1 et. seq.

Editor's Note: Former § 185-8.2, Neighborhood restaurants, was repealed 12-4-2023 by Ord. No. 2023-12.

[Amended 5-2-2022 by Ord. No. 2022-8]

Accessory uses or structures, as defined in Article II, shall be regulated within all zoning districts as follows:

• A. Any accessory use or structure for the operation of a use permitted in any zoning district, and located on the lot or site with the principal use or structure, shall also be permitted in said zoning district, subject to the limitations in § 185-5C.
• B. Any accessory use or structure for the operation of a use allowed by special use permit in any zoning district or for which a deviation was obtained, and located on the lot or site with the principal use or structure, shall be allowed by special use permit in said zoning district.

Where a property is located in the Business District and where on such property there is located a structure used for residential purposes, no part of said structure and no other portion of said property may be used for any uses set forth in § 185-8G through N of this chapter unless a special use permit shall be obtained therefor pursuant to the provisions of Article XIV.

The Building Official may authorize the placement of a temporary trailer or mobile home on any lot, and the use thereof by the owners of said lot or persons lawfully occupying said lot, in the event that any structure theretofore located thereon shall have been damaged or destroyed by fire or other casualty to a degree that renders such structure uninhabitable. Such use shall be authorized only for that period necessary to reconstruct the structure formerly located thereon to a degree necessary to permit an issuance of a certificate of occupancy by the Building Official, but shall not exceed one year. Such reconstruction shall be diligently pursued. In the event that the Building Official determines that such reconstruction is not being diligently pursued, they may revoke the authorization for location thereon of any such trailer and the use thereof.

[Amended 5-9-2011 by Ord. No. 2011-3; 5-9-2011 by Ord. No. 2011-4; 12-4-2023 by Ord. No. 2023-12]

The following uses are specifically prohibited uses within the Town of Barrington:

• A. The following uses are specifically prohibited uses within the Town of Barrington:
  • (1) The raising of swine.
  • (2) Open storage of junk, refuse or debris.
  • (3) Permanent trailers or mobile homes, and trailer lots, trailer parks or mobile home courts of either a temporary or permanent nature.
  • (4) Drive-in theaters.
  • (5) Amusement game centers.
  • (6) Taverns, bars or nightclubs.
  • (7) Automotive body or paint shops.
  • (8) Heavy machine trade schools.
  • (9) Open lot storage of wrecking or salvage materials.
  • (10) Incinerators or hazardous waste management or disposal.
  • (11) Industrial activity.
  • (12) Driving range.
  • (13) Miniature golf course.
• B. To the extent a proposed land use is not specifically listed in the Zoning Use Table, an applicant may submit a written request to the Zoning Board for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The Zoning Board will have 30 days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

[Amended 2-5-2018 by Ord. No. 2017-22; 12-2-2019 by Ord. No. 2019-17]

The following accessory uses and structures shall be allowed in all Residence Districts: provided, however, that they shall conform to all other provisions of this chapter and that they shall not be detrimental to or impair adjacent properties of the neighborhood:

• A. The raising or growing of horticultural products for home use by a resident family thereon.
• B. A garden or tool shed used only for the storage of garden implements and light home maintenance tools, not to exceed one story or 240 square feet of floor space.
• C. A greenhouse not exceeding 1,500 cubic feet and not used for commercial purposes.
• D. Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses, as regulated by § 185-15.
• E. Private garage or parking space area as required in Article XV in connection with a dwelling, for:
  • (1) Not more than four motor vehicles, which shall not include more than one vehicle owned by a nonresident of the premises, in either an R-25 and R-10 District;
  • (2) Not more than five motor vehicles, which shall not include more than two vehicles owned by a nonresident of the premises, in an R-40 District; and
  • (3) Not more than one commercial vehicle not otherwise prohibited by § 185-81.
• F. Home occupations which are customarily carried on in a dwelling unit, or in a building or other structure accessory to a dwelling unit, such as tailoring, artist work studio, individual instruction and tutoring, telephone answering service or telephone sales work, home offices for work brought home from a principal office, provided that there is no merchandise handled and no regular or seasonal visits by clients or customers, and similar occupations; are performed by a member of the family residing in the dwelling unit; are clearly incidental and secondary to the residential use of the dwelling unit; and which conform to the following additional requirements:
  • (1) The activity associated with the occupation shall be carried on wholly within the principal building or within a building or other structure accessory thereto;
  • (2) No more than one person outside the family shall be employed in such occupation;
  • (3) There shall be no exterior evidence that the building, structure or premises is being used for any purpose other than as a residential dwelling, such as artificial lighting, advertisements, signs, displays, exterior storage of materials or goods or similar such conduct;
  • (4) There shall be no commercial delivery of goods or stock-in-trade to or from the premises and no goods, commodities or stock-in-trade may be sold on the premises;
  • (5) There shall be no substantial increase in traffic to and from the premises resulting from such activity; and
  • (6) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
• G. Tennis courts.
• H. Individual instruction or tutoring.
• I. Satellite dish two feet or under in diameter.
• J. Other accessory uses as generally defined in § 185-14.
• K. Temporary storage containers. One prefabricated relocatable steel building, box trailer or shipping or cargo container, not greater than 20 feet in length and eight feet in width, (hereafter "storage container") shall be permitted as of right for a single period of no longer than 60 days as a temporary use by the property owner. During that sixty-day period, a property owner may apply to the zoning board for a special use permit to maintain the storage container for an extended period of time, in accordance with § 185-13.1B. Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.

Editor's Note: This ordinance amended the title of this section, which was formerly Permitted accessory uses and structures, and also amended the title of Art. V, which was formerly Accessory Uses and Structures in Residence Districts.

[Added 12-2-2019 by Ord. No. 2019-17]

Barns for keeping livestock and/or farm machinery and other agricultural uses in the AR District shall comply with the minimum setbacks within the AR District for a principal structure and have a maximum height of 35 feet and a maximum floor space of 3,000 square feet. A greater height and area may be permitted by the Zoning Board of Review as a special use permit.

Editor's Note: Pursuant to this ordinance, former § 185-13.1 was renumbered as § 185-13.2.

[Added 2-6-2012 by Ord. No. 2012-1]

• A. Small-scale wind energy systems.
  • (1) Freestanding pole-mounted small-scale wind energy systems shall not exceed height requirements for principal structures and shall be set back from all property lines a distance of at least the height of the structure.
  • (2) Small-scale wind energy system equipment attached to a building shall not exceed the thirty-five-foot height limit for principal structures.
  • (3) A special use permit shall be required where a proposed freestanding pole-mounted small-scale wind energy system would exceed the height limit for principal structures, or where the equipment exceeds 15 feet above the roof peak, or the height limit.
  • (4) No more than one system is permitted per residential lot, where one freestanding pole-mounted wind energy system shall be the equivalent of one system, and where wind energy system equipment mounted on one building shall be the equivalent of one system.
  • (5) Noise. All small-scale wind energy systems, as defined in this article, shall comply with the Town's noise ordinance limits.
  • (6) Color. Small-scale wind energy systems shall be a nonobtrusive color such as tan, sand, gray, black or similar colors. Galvanized steel or metal is acceptable for the support structures. The painting or coating shall be kept in good repair for the life of the wind turbine.
  • (7) Electrical wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.
  • (8) Maintenance. Small-scale wind energy systems shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards.
  • (9) Certified safe. Evidence shall be submitted with a building permit application that the wind machine has been constructed in accordance with accepted industry standards and certified safe.
  • (10) Any small-scale wind energy system found to be unsafe by the Building Official shall immediately cease operation upon notification by the Building Official and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months. Wind machines that are not operated for a continuous period of 12 months shall be removed by the owner of the wind turbine.
  • (11) When a small-scale wind energy system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the system remaining stationary so that wind resources are not being converted into electric or mechanical energy.
• B. Storage containers.
  • (1) The long-term use of prefabricated relocatable steel buildings, box trailers or shipping or cargo containers (hereafter "storage containers") is discouraged, and the Zoning Board shall only approve a special use permit for a clearly demonstrated need. A storage container special use permit shall expire one year from the date of issuance and may only be extended for not more than one year at a time after reapplication and further approval by the Zoning Board. The Zoning Board shall impose the following conditions on the special use permit, unless the Board determines that compliance with these conditions would be infeasible based on the dimensions and layout of the subject property:
    • (a) Containers may not be located on the front lawn of any property;
    • (b) Containers shall not be located so as to reduce the amount of available off-street parking spaces to below the required minimum; and
    • (c) Containers must be screened by a solid fence or hedge from public view from the road.
  • (2) Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.

    [Added 2-5-2018 by Ord. No. 2017-22]

The following general requirements shall be applied to all accessory uses allowed within any Residence District:

• A. No accessory building or structure shall be located nearer than five feet to the principal building.
• B. Lights used to illuminate any swimming pool, tennis court or other accessory use or accessory or other structure shall be so arranged and shaded as to reflect light away from adjoining premises.
• C. It shall be unlawful for any person to make, continue or cause to be made or continue at any private residential swimming pool, tennis court or other residential accessory use or any structure, any loud, unnecessary or unusual noise; or to create any other nuisance which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of neighboring property owners or occupants.
• D. In the operation of an accessory use, the use or permitted use or operation of any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is reasonably necessary for convenient hearing for the persons who are using the accessory or structure, shall be unlawful.

Private residential swimming pools are permitted in all Residence Districts, subject to the following:

• A. All residential swimming pools must be located so as to meet the setback requirements set forth for accessory structures for each Residence District in Article VI. Said setback requirements apply not only to the swimming pool itself, but also to any pumps, filters, water disinfection equipment and structures appurtenant thereto.
• B. No swimming pools or appurtenances thereto shall be constructed, installed, enlarged or altered until a building permit has been obtained from the Building Official. The approval of all Town and state authorities having jurisdiction over swimming pools shall be obtained before applying to the Building Official for such permit. Certified copies of these approvals shall be filed as part of the supporting data for the application for such building permit. Plans will be submitted to the Building Official showing accurately the dimensions and construction of the pool and appurtenances; properly established distances to lot lines, buildings, walks and fences; and details of the water supply system, drainage and water disposal system and appurtenances pertaining to the swimming pool. Detailed plans of structures, vertical elevations and sections through the pool showing depth shall be included.
• C. No overhead electrical conductor shall be installed directly over the area consisting of the pool and its apron and fence or enclosure. All metal fences, enclosures or railings near or adjacent to swimming pools to which bathers have access, which may become electrically alive as a result of contact with broken or overhead conductors or from any other cause, shall be effectively grounded.
• D. Every person owning land on which there is situated a swimming pool, whether or not containing any water, shall erect and maintain thereon an adequate enclosure or fence surrounding the property or pool area, and sufficient to make such body of water or unfilled in-ground swimming pool inaccessible to small children. Such enclosure, including gates thereto, must be no less than five feet in height above the underlying ground. All gates must be self-latching with latches placed at least four feet above the underlying ground or otherwise made inaccessible from the outside to small children, and must be lockable. An apron between this enclosure or fence and the pool edge of not less than four feet in width must exist.
• E. Every private swimming pool shall be equipped with rescue equipment, including at least one twelve-foot pole with shepherd's crook securely fastened at one end and at least one fifteen-inch life ring with a fifty-foot rope.

Yard sales are permitted in all Residence Districts as an accessory use, except that no resident or family residing on a lot shall be permitted more than two yard sales per calendar year. The maximum duration of any yard sale shall be three consecutive days.

The table on the following page contains minimum lot sizes, minimum lot widths at the building line (front yard setback) and lot frontages at the street line, minimum depths of front, rear and side yards, maximum lot coverage, maximum height of principal and accessory structures and minimum setbacks for accessory structures for each zoning district, with the exception of the Wildlife Refuge and Conservation Districts.

Editor's Note: Said table is now located at the end of this chapter.

The front lot line on lots fronting on more than one street, such as through lots and corner lots, shall be that along the street from which the residence takes its legal address, and shall have the minimum lot frontage prescribed in Article VI for the zoning district in which it is located. Regardless of which lot line is determined to be the front lot line for any through lot or corner lot, at each street frontage there shall be a yard of the depth prescribed in Article VI as the minimum front yard depth for the zoning district in which each frontage is located.

Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

In all districts, at street intersections of less than 135º, no structure shall be erected and no vegetation shall be planted or maintained in the space between the heights of 2 1/2 and 10 feet above the street level in the triangle formed by the two street lines and a third line joining points on the street lines 30 feet from the point of intersection of the extension of said street lines.

The following regulations regarding use of lot areas defined as front, rear and side yards shall apply:

• A. In any zoning district, the front yard as required in Article VI shall be unoccupied and unobstructed by buildings or structures except for signs, poles, ornamental and similar structures; and shall not be used to fulfill the off-street parking, loading or unloading requirements of this chapter, or for outdoor storage or display. Driveways and walkways may be located in any required front yard, with the exception of any lot or parcel within the Business District which also has frontage on County Road, in which case driveways shall be prohibited in that portion of the front yard that lies between the building and County Road.

  [Amended 1-10-2000 by Ord. No. 99-13]

• B. No fence or similar screen of solid appearance in a Residence District shall exceed four feet in height where located in the minimum front yard as required in Article VI, or along property boundaries contiguous to the required front yard. At other locations, the following shall apply:
  • (1) In an R-40 District, at a point 50 feet from the street line, the height of fences may be increased not to exceed six feet.
  • (2) In an R-25 District, at a point 30 feet from the street line, the height of fences may be increased not to exceed six feet.
  • (3) In an R-10 District, at a point 30 feet from the street line, the height of fences may be increased not to exceed six feet.

  Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

• C. In any zoning district, the minimum side and rear yards as required in Article VI shall be unoccupied and unobstructed by buildings or structures except for accessory uses, buildings or structures as provided herein.

  Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

The following are allowable departures from front, rear and side yard requirements as contained in Article VI:

• A. Where a lot is adjacent on one or both sides to another lot having a principal building which projects beyond the required front yard line, and has been so maintained since this chapter became effective, the front yard requirement on such lot may be the average of the front yards of the adjoining lots having buildings thereon. In no case shall the front yard be less than 20 feet.
• B. Projections of cornices, window sills and other ornamental features may extend up to one foot into any required yard area from the structure.
• C. Where a lot in a Neighborhood Business District or Residence-Business Flex District is adjacent on one or both sides to another lot having a principal building which is farther than 15 feet from the street line, the front yard depth on such lot may be the average of the front yards of the adjoining lots having buildings thereon, except, however, in no case shall the front yard depth be greater than 25 feet.

  [Added 1-10-2000 by Ord. No. 99-13; amended 9-11-2017 by Ord. No. 2017-13]

Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

[Amended 12-4-2023 by Ord. No. 2023-12]

See 250-RICR-150-15.

All approvals shall be subject to, and expressly conditioned upon, permits and approvals from state agencies as appropriate, including the Department of Environmental Management with respect to any use of freshwater wetlands subject to their jurisdiction, with the Coastal Resources Management Council with respect to any use in a coastal zone subject to their jurisdiction, and with other state and federal agencies as appropriate.

[Amended 9-11-2017 by Ord. No. 2017-13]

Trash shall be stored in closed dumpsters or similar trash receptacles within all Residence-Business Flex, Neighborhood Business, Business, Waterfront Business or Limited Manufacturing Districts, or lots being used in a commercial or industrial fashion, and shall be screened from view from the street.

[Added 2-6-2012 by Ord. No. 2012-1]

• A. When converting a single-family dwelling to accommodate two-family dwellings:
  • (1) The front façade and the exterior single-family character of the building shall not be altered other than by a second exit.
  • (2) There shall be at least 800 square feet of floor area for each dwelling unit, and each dwelling unit shall have separate toilet and cooking facilities.
  • (3) The new dwelling units shall be connected to the sewer system of the Town of Barrington.
  • (4) Garages shall not dominate the street view of the house. Alternatively, if applicable setbacks can be met, a detached garage to the rear of the property may be built. Garage architecture shall be consistent with that of the house.

• A. A substandard original lot having frontage on a street may be used for any purpose permitted in its zoning district, if such lot was shown on a recorded deed or plat entered into the records of land evidence in the office of the Town Clerk on the effective date of this chapter, or any prior ordinance or amendment rendering it substandard. However, where such substandard original lot has one or more common boundaries with another lot owned by the same owner or their or its affiliate as defined herein, such lots shall be combined in accordance with the provisions of § 185-26. For the purposes of this article, an "affiliate" means, with respect to a specific owner, any of the following:
  • (1) Such owner's spouse or parents, children, grandparents, grandchildren or siblings (blood or adoptive);
  • (2) A trustee of a trust for the benefit of such owner, or of any person identified in the immediately preceding clause;
  • (3) A corporation, partnership, firm, business or entity of which the majority of the voting interest is owned by such owner, or any person identified in either clause above; or
  • (4) A person who is an officer, director, stockholder (15% or more), trustee, employee or partner of any entity or person referred to in any of the clauses above.
• B. Any application for a zoning permit on a substandard original lot will be accompanied by a sworn statement by the applicant that after diligent inquiry of the facts, such lot has no common boundary with another lot owned by the applicant or their affiliate.

• A. Where land adjacent to a substandard original lot is owned by the owner of said substandard original lot or their or its affiliate, the exemption of § 185-25 shall not apply, and said substandard original lot shall be combined with said adjacent land to establish a lot or parcel having at least the required minimum dimensions and area set forth in Article VI for the applicable district. If all such adjacent land so combined is not sufficient to permit the enlargement of said lot to conforming area and dimensions, then the largest lot or parcel which the adjoining common ownership will permit shall be established. By way of example, if all such adjacent land so combined is sufficient to meet the applicable area and dimensional requirements for at least one lot but not for two or more fully conforming lots, then all such lots shall be combined to create a single lot only.

  Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

• B. In the event that both the substandard original lot and the adjacent lot, whether substandard or not, have structures located thereon, the merger requirement of this section shall not apply unless said structures are related to a principal use located on one or more of such lots, in which case then all lots related to said use that have structures located thereon shall be deemed combined.
• C. 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 fifty percent (50%) of the lots within two hundred feet (200 feet) of the subject lot, as confirmed by the Zoning Enforcement Officer.

  [Added 12-4-2023 by Ord. No. 2023-12]

The Town of Barrington is primarily a residential community with approximately 85% of the land area either already developed, or unable to be developed due to physical or legal constraints. The residential dwelling and traffic patterns, which were originally created for a less dense population, are already excessive in many areas of the Town, and the need for preserving the open space that is yet available is evident. In keeping the land use goals contained in the Comprehensive Plan, including that to preserve the essential character of the community, and to ensure that future development is compatible with adjoining land uses, the natural environment, community services and existing historic and cultural features, the merger provisions of § 185-26 hereof shall apply to all areas within the Town of Barrington. On a district-by-district basis, the following standards shall also apply:

• A. Hampden Meadows. The Hampden Meadows district is that portion of the Town of Barrington to the east of the Barrington River and Hundred Acre Cove. This is a heavily developed residential district where development has resulted in costly expansions to both elementary schools, Hampden Meadows and Sowams, and an increase in traffic on the road systems, making them inadequate to service the dense populations therein. Likewise, this district is in need of preserving what little unprotected open space is left. It is also environmentally sensitive in the portions adjacent to the Barrington River, Hundred Acre Cove and the Palmer River. For the purposes of this chapter, this merger district is a combined zoning district whose developed areas consist primarily of R-25 and R-10 Districts.
• B. Primrose Hill. The Primrose Hill district is that portion of the Town to the west of the Barrington River and east of Washington Road, bounded by Lincoln Avenue on the south end and the East Providence border on the north. This area is residential, with the exception of some primary, secondary and higher educational institutions which generate significant additional traffic, and some environmentally sensitive land bordering on Barrington River and Hundred Acre Cove. There is very little capacity for further development in this area. Likewise, there are numerous substandard original lots which, without the merger requirement, would result in a degradation of the character of the neighborhood and an overloading of the public infrastructure thereof. This merger district is a combined zoning district whose developed areas consist primarily of R-25 and R-10 Districts.
• C. Bay Spring. The Bay Spring district of Town is bounded on the north by the East Providence boundary, on the east by Washington Road, on the south by Allins Cove, and on the west by the Providence River. This is a heavily developed area with many small substandard lots of record. To prevent the degradation of the neighborhood and the overburdening of the public infrastructure, particularly the road system, lot merger is particularly appropriate and important here. This merger district is a combined zoning district whose developed areas consist primarily of R-10, Neighborhood Business, Business and Limited Manufacturing Districts.
• D. Nayatt Point/Rhode Island Country Club. This district is bounded on the north by Allins Cove and Lincoln Avenue, on the east by a line extending from Lincoln Avenue along Middle Highway to Narragansett Bay, on the south by Narragansett Bay, and on the west by the Providence River. This is a residential area defined by many large lots and homes. Much of this area is waterfront, and to preserve the character of the area it is necessary to apply the merger provisions. This merger district is a combined zoning district whose developed areas consist primarily of R-40, R-25 and R-10 Districts.
• E. Central/Business. This district is bounded on the north by Lincoln Avenue, on the east by the Barrington River, on the south by County Road and a line extending westerly from County Road through Brickyard Pond to Middle Highway, and on the west by Middle Highway. This area of Town includes the County Road central business district, the mixed-use Maple Avenue area and a portion of Brickyard Pond and Veterans Memorial Park. It also includes most of the developed portion of the state-designated wellhead protection area for the Nayatt Wellfield, as well as a large portion of the aquifer recharge area which is the source of groundwater for the wells. Much of the district, particularly the Maple Avenue area, is already heavily developed and has many substandard lots which should be merged. Given the existing burden on the public infrastructure in this area, particularly apparent due to existing traffic problems, and the need to provide protection for the Town's water supply, merger is appropriate for this district. This merger district consists primarily of R-25, R-10 and Business Districts.
• F. Rumstick/Adams Point. This district is bounded on the north by a line extending westerly from County Road through Brickyard Pond to Middle Highway, on the east by the Barrington River, on the south by Narragansett Bay, and on the west by Middle Highway and a line extending directly to the Bay from the southerly terminus of Middle Highway. It includes the remaining portions of Brickyard Pond and Veterans Memorial Park, including wetlands around Brickyard Pond, as well as the Nayatt Wellfield, the remaining portion of the state-designated wellhead protection area, the entire aquifer and the largest portion of the aquifer recharge area. The residential areas of this district include the Rumstick and Adams Point areas, which are substantially developed with large homes. Failure to have lot merger in this district would provide a threat to the public water supply system, and would substantially depreciate the value of the residential property. This merger district consists primarily of R-40, R-25 and R-10 Districts.

[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

• A. 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 zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, 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. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
  • (1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the municipality 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 in the municipality, 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. By way of example, if the lot area of a substandard lot only meets 40% of the minimum lot area required in the district in which it is located, the setbacks, frontage, and width shall each be reduced to 40% of the requirements for those dimensional standards in the same district.
  • (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. By way of example, if the lot area of a substandard lot only meets 40% of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60% over the maximum permitted lot building coverage in that district.
• B. All proposals exceeding such reduced requirement shall proceed with a modification request or a dimensional variance request, whichever is applicable.

[Added 2-6-2012 by Ord. No. 2012-1]

• A. Purpose. The purpose of this section is to support the development of low- and moderate-income housing by allowing an existing lot to be divided into two lots, one of which has reduced area and width requirements.
• B. Eligibility. In order to be eligible for this provision, a lot must meet all of the following criteria as of the effective date of this section:
  • (1) The lot shall be located in a R-10, R-25 or R-40 Zoning District.
  • (2) The lot shall contain an existing single-family residence.
  • (3) The lot and structures thereon shall conform to all dimensional regulations of the zoning district.
• C. Substandard lot development criteria. The Planning Board may approve the subdivision of an existing lot meeting the eligibility requirements of § 185-28.1B into two new lots as follows, provided that the housing affordability requirements of § 185-28.1D are met:
  • (1) The new lot containing the existing residential structure shall have at least 100% of the minimum lot area and width required in the zoning district.
  • (2) The new lot not containing the existing residential structure shall have at least 75% of the minimum lot area and width required in the zoning district, and shall be used for a new single-family residence.
  • (3) Where the existing lot has at least 175% of the required area and width, but the location of the existing house or the physical characteristics of the lot preclude division of the lot in compliance with Subsections C(1) and (2) above, the Planning Board may approve a subdivision in which the new lot containing the existing house has less than the minimum lot area and width but no less than 80% of the required area and width.
  • (4) The reductions in minimum lot area and width allowed by this section increase the permitted residential density on the lot that is to be divided. This density increase is intended to be a density bonus that is provided as a municipal government subsidy as defined in this chapter and in R.I.G.L. § 45-53-3.
  • (5) The dimensional regulations pertaining to front, rear, and side yard setbacks, and building lot coverage found in § 185-17 shall apply to substandard lots of record legally created pursuant to this section in all applicable residential zones.
  • (6) The above modified regulations for substandard lots shall not be construed to impose more stringent dimensional requirements than would otherwise be applicable in the zone in which the lot is located.
  • (7) In reviewing the application, the Planning Board shall make the determination that the relief requested will not materially or detrimentally affect the character of the neighborhood in which the proposed lot will be split.
• D. Housing affordability.
  • (1) The new dwelling unit on the lot created with less than the area and width otherwise required in the zoning district shall be low- or moderate-income housing, as defined in § 185-5.
  • (2) The required minimum term of affordability for the low- or moderate-income unit shall be 30 years. If the unit is sold prior to the expiration of the restriction, the term of affordability shall be renewed for 30 years.
  • (3) Low- or moderate-income housing units created under this section shall comply with the affordability requirements of this section.
• E. Time frame for completion.
  • (1) A building permit for the affordable dwelling unit must be issued within one year of the subdivision approval. In no case may either lot created under the provisions of this section be sold in the absence of a building permit for the affordable house. Failure to meet with this provision will nullify the final plat approval.

[Amended 5-8-1995 by Ord. No. 95-5; 1-13-1997 by Ord. No. 96-14]

The Zoning Board of Review may hear and grant a special use permit from the requirements of the merger provisions of this article, as provided in § 185-73 of this chapter and subject to the prerequisites contained therein, and subject to the additional specific finding that the lots, as unmerged, will be of a size generally in conformance with the size of developed lots in the immediate vicinity. However, such relief shall not be subject to the one-year expiration from the date of granting by the Board, as required in § 185-66 of this chapter.

[Amended 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

• A. Nonconforming uses and structures are incompatible with and detrimental to permitted uses and structures in the zoning districts in which they are located. They cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties and confer upon their owners and users a position of unfair advantage. It is a fundamental principle of this article that nonconforming uses may be continued, but shall not be increased or changed to any use other than a conforming use unless a special use permit or use variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Existing nonconforming uses and structures shall not constitute cause for further departures from the provisions of this chapter for any other properties in the vicinity.
• B. Adaptive reuse.
  • (1) Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.
  • (2) Eligibility.
    • (a) Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.
    • (b) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
  • (3) Density calculations.
    • (a) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre, except where the developer proposes a project of lower density:
      • [1] Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.
      • [2] The development includes at least 20% low- and moderate-income housing.
      • [3] The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
    • (b) For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable. The developer may propose a project of lower density.
    • (c) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.
  • (4) Dimensional requirements.
    • (a) Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.
    • (b) No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
    • (c) Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.
      • [1] Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
  • (5) Parking requirements.
    • (a) Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
    • (b) The parking requirements set forth in Article XV shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.
  • (6) Allowed uses within an adaptive reuse project.
    • (a) Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
    • (b) Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Article IV for the zoning district in which the structure is located.
  • (7) Development and design standards. Site design shall be in accordance with the development regulations.
  • (8) Procedural requirements.
    • (a) The following categories of adaptive reuse projects shall require review as a minor land development project: (1) an adaptive reuse project of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; and (2) An adaptive reuse project located in a residential zone that results in less than nine residential units. All other adaptive reuse projects shall require major land development project review.
    • (b) In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
      • [1] The proposed residential density and the square footage of nonresidential uses.
      • [2] A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.
  • (9) Specific and objective provisions.
    • (a) The specific and objective criteria for adaptive reuse projects are set forth in the regulations.

A lawful nonconforming use or structure shall be permitted to continue in the manner existing at the time of the passage of the ordinance rendering it nonconforming, until such use or structure is abandoned, demolished or otherwise discontinued by the voluntary action of the owner as described in § 185-34 and § 185-35 herein, except for lawful nonconforming signs which are subject to amortization pursuant to § 185-103.

A nonconforming use shall not be changed to another nonconforming use, but may be changed only to a use that conforms to the regulations of the district in which it is located, unless a special use permit is obtained pursuant to Article XIV hereof. In addition, the Zoning Board of Review must made a determination that the proposed use will have the same or a lesser undesirable impact upon the surrounding area than the former nonconforming use. When a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

The following standards shall apply to the extension, addition to or enlargement of a use or structure that is nonconforming:

• A. A legal nonconforming use of any structure shall not be extended within the existing confines of such structure, except into any portion which was arranged or designed for such nonconforming use prior to the effective date of the ordinance rendering such use or structure nonconforming. Any other extension, addition to or enlargement of a nonconforming use of a structure shall be allowed only after a special use permit is granted pursuant to the provisions and standards set forth in Article XIV hereof. Any increase in the volume or intensity of use unaccompanied by a structural change of the premises shall not be considered an extension, addition to or enlargement of a nonconforming use.
• B. A legal nonconforming use of any parcel of land shall not be extended beyond that portion of the lot thus used, or otherwise expanded, unless a special use permit is obtained pursuant to the provisions set forth in Article XIV.
• C. A legal nonconforming structure shall not be enlarged or extended unless a dimensional variance is obtained pursuant to the provisions and standards set forth in Article XIII hereof. However, any enlargement or extension which otherwise complies in all respects with the provisions of this chapter as to setback, height and other spatial requirements shall not be deemed to be an extension or enlargement of a nonconforming structure.

The following standards shall apply to the physical alterations of a structure which is nonconforming by use or by dimension:

• A. If any nonconforming structure is demolished in a lawful manner, such structure shall not be rebuilt except in conformity with the regulations of the district in which it is located.
• B. A nonconforming structure shall not be moved in whole or in part unless such structure is made to conform to all of the regulations of the district in which it is to be located.
• C. Nothing herein shall prevent the performance of normal maintenance work and upkeep or routine repair of a lawful nonconforming building or structure.

• A. A lawful nonconforming use of any land, premises, structures or combination thereof which has been abandoned shall not thereafter be used except in conformity with the regulations of the district in which it is located. Abandonment, as that term is used in this section, shall mean the following:
  • (1) The discontinuance of the nonconforming use for a period of one year or more, and consisting of some overt act, or failure to act, which would lead one to reasonably believe that the owner of the nonconforming use or structure neither claims nor retains any interest in continuing the nonconforming development.
  • (2) Failure to apply for or the lapse of any permit, license or certification required for continuation of the use, or failure to appeal the denial of any such permit, license or certification.
  • (3) Failure to maintain the site, building or structure in habitable, usable or safe condition, or failure to protect said building or structure from the natural elements.
• B. In all such cases, the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or the structure.

An involuntary interruption of a nonconforming use, or the destruction of a nonconforming structure or nonconforming portion of a structure, such as by fire or natural catastrophe, does not establish the requisite intent to abandon the nonconforming use or structure. However, if action to restore such use, or repair or replace such structure, is not commenced within a period of one year, then the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or structure.

Any use or structure illegally established prior to the effective date of this chapter or subsequent amendments thereof shall not become legally established or a legal nonconforming use by virtue of such an enactment or subsequent amendment. A use established by variance or special use permit shall not acquire the rights of nonconforming uses under this article.

This chapter shall be enforced by the Building Official of the Town of Barrington, who shall have, as minimum qualifications, five years of work experience and a working knowledge of all applicable building code requirements, environmental laws and development regulations. The Building Official shall have the following duties and powers:

• A. The issuing of any required permits or certificates.
• B. Collection of required fees.
• C. Keeping of records showing the compliance of uses of land.
• D. Authorizing commencement of uses or development under the provisions of this chapter.
• E. Inspection of suspected violations.
• F. Issuance of violation notices with required corrective action, and the collection of fines for violations.
• G. Modification (as defined in § 185-5). See § 185-40 for process and procedure.

  [Added 12-4-2023 by Ord. No. 2023-12]

  Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.

• H. Performing other such duties and taking such actions as may be assigned in this chapter.

The Building Official shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the Building Official what the use or designation is of a given parcel within 15 days of the written request. If no written response is provided in that time, the requesting party shall have the right to appeal to the Zoning Board of Review for the determination.

[Amended 12-4-2023 by Ord. No. 2023-12]

• A. Except as otherwise provided in this chapter, no land shall be used and no building, structure or sign shall be erected, modified, enlarged or placed into use until a zoning permit has been issued by the Building Official/Zoning Enforcement Officer of the Town of Barrington.
• B. The Building Official/Zoning Enforcement Officer is authorized to grant modification permits. The maximum percent allowed for a modification shall not exceed 15%. A modification does not permit moving of lot lines. The Building Official/Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Cost of any notice required under this subsection shall be borne by the applicant requesting the modification.
  • (1) Within 10 days of the receipt of a request for a modification, the Building Official/Zoning Enforcement Officer shall make a decision as to the suitability of the requested modification based on the following determinations of the modification:
    • (a) It is reasonably necessary for the full enjoyment of the permitted use;
    • (b) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
    • (c) It does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations.
    • (d) It does not violate any rules or regulations with respect to freshwater or coastal wetlands.
  • (2) In the case of modification of 5% or less, the Building Official/Zoning Enforcement Officer shall have the authority to issue a permit approving the modification without any public notice requirements.
  • (3) In the case of modification of greater than 5% or less, the Building Official/Zoning Enforcement Officer shall notify, by first-class mail, all property owners abutting the subject property, and shall indicate the street address of the subject property in the notice. The notice shall be published in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 days of public notice.
    • (a) If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for dimensional variance, following the standard procedures, notice requirements, and fees for such variances.
    • (b) If no written objections are received within 14 days, the Building Official/Zoning Enforcement Officer shall grant the modification.
  • (4) The Building Official/Zoning Enforcement Officer may apply special conditions to the permit as may, in the opinion of the Officer, be required to conform to the intent and purposes of the zoning ordinance.
  • (5) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
• C. Application for a zoning permit shall be made to the Building Official, who may require submission of such plans, specifications or other pertinent data as may be deemed necessary by them to determine conformity with this chapter. All applications shall be on forms supplied by the Building Official. Upon approval of any application, the Building Official shall endorse their approval upon the application form and return one copy to the applicant. Copies of all submitted supporting material shall be retained by the Building Official as part of Town records. If an application is denied, the application shall be so endorsed by the Building Official and a copy forwarded to the applicant with a statement of the reasons for the denial.
• D. A zoning permit shall be valid for the duration of the use which was the subject of the original issuance and shall expire upon termination of that use. Where a zoning permit authorizes the construction of a structure, building or sign, said construction shall be substantially initiated within one year of permit issuance and shall be diligently prosecuted until completed. Where said construction is not substantially initiated within one year, the zoning permit shall automatically expire and a new application shall be submitted to the Building Official.

[Amended 12-4-2023 by Ord. No. 2023-12]

Fees for the processes described in this chapter shall be set by the Town Council from time to time, and shall be payable upon submission of either the written request for a certificate or the application for a permit. The fee for a zoning permit shall be nonrefundable, regardless of approval or denial of the application.

• A. In the event of a conflict between this chapter and the Rhode Island State Building Code, the State Building Code shall control in all instances except when the provisions of this chapter impose stricter or more stringent requirements. In cases of doubt, the State Building Code shall control. Nothing herein contained shall relieve any applicant from complying fully with all applicable provisions of the State Building Code.
• B. Satisfaction of the requirements of this chapter shall not relieve any applicant of the responsibility of obtaining such other permits or approvals as may be required under applicable provisions of other codes, ordinances, statutes, regulations or rules of any unit of local, state or federal government. Where any such code, ordinance, statute, regulation or rule requires approval as a prerequisite to the issuance of a zoning permit, evidence of such approval shall be submitted at the time of application for the zoning permit.
• C. Whenever the terms of this chapter require a higher standard than is required in any other ordinance, statute, regulation or rule, the provisions of this chapter shall prevail. Whenever the provisions of another ordinance, statute, regulation or rule require a higher standard than this chapter, the provisions of such other ordinance, statute, regulation or rule shall prevail.

• A. Under the provisions of this article, any application considered by the Town shall be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the application was deemed substantially complete. An application is deemed to be substantially complete with either the issuance of a zoning permit by the Building Official, or the submittal of all necessary forms, filing fees, plans and other documentation required under the provisions of § 185-58 and § 185-60 of this chapter, and its acceptance for filing by the Town Clerk.
• B. If an application is vested pursuant to this article, such development shall be substantially initiated within six months after approval and diligently prosecuted until completion. The failure to initiate development of the property within this time limit shall render the approval null and void. Any development of the subject property proposed following the failure to initiate development within six months of approval shall require the submission of an application subject to the then-applicable provisions of this chapter.

• A. Any person or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this chapter, any condition imposed by the Zoning Board of Review or any requirement of the Building Official, or who fails to procure a zoning permit when such is required, may be fined an amount not to exceed $500 for each offense, such fine to inure to the Town of Barrington. Each day of the existence of any such violation shall be deemed a separate offense. Without limiting the generality of the foregoing, owners of premises leased to tenants shall be responsible for any violations of the provisions of this chapter by their tenants and, upon notice thereof, shall take all steps reasonably necessary to abate any such violation.
• B. The erection, construction, enlargement, conversion, moving or maintenance of any building, structure or sign and the use of any land or building which is continued, operated or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter. The Building Official shall institute appropriate action through the Town Solicitor to remove such violation. The remedies provided in this paragraph shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

• A. The Town Clerk shall be the custodian of the zoning ordinance and Zoning Map(s) created thereunder and shall make available copies of the ordinance and all subsequent amendments to Town officials and to the general public, at a reasonable cost. The Town Clerk shall be responsible for maintaining and updating the ordinance and shall ensure that amendments or other changes which impact the zoning ordinance and Zoning Map are properly recorded under the provisions of § 185-53.

  Editor's Note: See Ch. A225, Fee and Fine Schedule.

• B. Upon publication of the zoning ordinance and the Zoning Map, and any amendments thereto, the Town Clerk shall send a copy to the state law library.

  [Amended 12-4-2023 by Ord. No. 2023-12]

[Amended 12-4-2023 by Ord. No. 2023-12]

At least once every five years, the Planning Board shall review this chapter for the purpose of considering proposed amendments due to changes in policies or conditions within the Town of Barrington. Following such review, the Planning Board shall report to the Town Council and, if necessary, make recommendations regarding revisions. Whenever changes are made to the Barrington Comprehensive Plan, the Planning Board will identify any changes necessary in this chapter and forward these changes to the Town Council.

• A. This chapter may be amended by the Town Council on its own initiative or by application of any person, group of persons, corporation or agency. All applications for amendment shall be filed at the office of the Town Clerk and shall be accompanied by a complete description of the proposed amendment and the portion of the ordinance proposed for amendment.
• B. Where the application is for a change in the boundary of a zoning district, the application shall be accompanied by an accurately drawn map showing the following:
  • (1) The boundaries of the property proposed for change with appropriate plat, lot and street numbers, and the dimensions and area of the proposed change.
  • (2) All properties within 200 feet of the perimeter of the property proposed for change, including those outside of municipal and state boundaries, together with plat and lot numbers and the names and mailing addresses of the owners of record of all said properties.
  • (3) The present zoning district boundaries in the area, as determined from the official Zoning Map.
• C. Except for action initiated by the Town Council or a Town agency or official, all applications for amendment shall be accompanied by a filing fee in an amount set from time to time by the Town Council, payable to the Town of Barrington and returnable only in the event that the application is withdrawn prior to the publication of notification of the public hearing.

  Editor's Note: See Ch. A225, Fee and Fine Schedule.

• A. Within 65 days of receipt of an application for amendment, the Town Council shall schedule a public hearing at which all interested parties shall be given an opportunity to be heard. The Town Council shall render a decision within 45 days after the date of completion of the public hearing. These deadlines shall not be construed to apply to any extensions consented by an applicant.
• B. Notice of such hearing shall be published in a newspaper of local circulation in the Town of Barrington once a week for three successive weeks prior to the date of the hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town, and the Town must make the notice accessible on the homepage of the website at least 14 days prior to the hearing. The cost of newspaper notice shall be borne by the applicant. The notice shall include:

  [Amended 12-4-2023 by Ord. No. 2023-12]

  • (1) The date, time and place of the hearing.
  • (2) A statement that amendment of the zoning ordinance is under consideration.
  • (3) A statement of the proposed amendment in its entirety, or a summary of the matter under consideration.
  • (4) The location where and times when a copy of the proposed amendment may be obtained, or examined or copied.
  • (5) A statement that the proposed amendment may be altered or further amended prior to the close of the public hearing without further advertising, as a result of further study or because of views expressed at the public hearing; and that any alteration or amendment must be presented for comment at the public hearing.

[Amended 9-9-2019 by Ord. No. 2019-18; 12-4-2023 by Ord. No. 2023-12]

Written notice, which may be a copy of the newspaper notice, or otherwise gives the date, time and place of the public hearing, and the nature and purpose thereof, shall be sent at least two weeks in advance of the public hearing date to the applicant, and to the following. The cost of mailings shall be borne by the applicant.

• A. Owners of all property, including that in any adjacent community, which is located in or within not less than 200 feet of the perimeter of a proposed map amendment, where the proposed amendment includes a specific change to the Zoning Map, by registered, certified, or first-class mail to the property address and the last known address of the owners, as shown on the current real estate tax assessment records of the Town of Barrington; for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. Such written notice shall include a copy of the map required in § 185-47.
• B. The Town or city council of any adjacent community, by first class mail, to which either of the following pertain:
  • (1) Which is located in or within not less than 200 feet of the boundary of the area proposed for change.
  • (2) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, which lies within 2,000 feet of any area which may be affected by the proposed amendment.
• C. The governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any area which may be affected by the proposed amendment, by first class mail; provided, however, that such governing body has filed with the Building Official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
• D. Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the Town. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A. The notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots.
• E. There is hereby established a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The Director shall maintain the public notice registry and shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the Town.
  • (1) Notice pursuant to a public notice registry as per this subsection does not alone qualify a person or entity on the public notice registry as an "aggrieved party" under § 185-5.

• A. Upon receipt of an application for amendment of this chapter, said application shall be referred to the Barrington Planning Board. The Planning Board shall report to the Town Council within 45 days after the receipt of the application, with its findings and recommendations, including:
  • (1) A statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statements, the implementation program and all other applicable elements.

    [Amended 12-4-2023 by Ord. No. 2023-12]

  • (2) A consideration of the applicable purposes of this chapter, as presented in § 185-3.
• B. The Town Council may also refer any application for amendment to any other Town agency, board or committee where the Council feels that an advisory opinion may assist in arriving at a proper decision.

• A. Within 45 days following the completion of the public hearing, the Town Council shall render a decision on the proposed amendment and shall notify the applicant, the Building Official, the Zoning Board of Review, the Planning Board and the Town Clerk of such decision.
• B. In granting an amendment to this chapter, the Town Council may limit the change to one of the permitted uses in the district to which the subject land is rezoned and impose such conditions and restrictions as it deems necessary, including, without limitation:
  • (1) Requiring the applicant to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change.
  • (2) Those relating to the effectiveness or continued effectiveness of the zoning change.
  • (3) Those relating to the use of the land.
• C. Such conditions or restrictions shall be clearly noted on the Zoning Map and recorded in the land evidence records of the Town of Barrington; provided, however, that in the case of a conditional zone change, the conditions or restrictions shall not be noted on the Zoning Map until the zone change has become effective.
• D. If the permitted use for which the land has been rezoned is abandoned, or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the application was filed.
• E. Where the Town Council denies or grants leave to withdraw to an applicant for amendment of this chapter, the council shall not consider another application for the same amendment for a period of one year from the date of such denial or withdrawal. This period of time may be waived if the subsequent application is accompanied by an affidavit presenting facts, to the satisfaction of the Town Council, demonstrating that a substantial change in the factual circumstances exists, justifying a rehearing of the proposed amendment.

Editor's Note: Former § 185-52, Protest by property owners, was repealed 1-13-1997 by Ord. No. 96-14.

Within five days after the enactment of an amendment, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where the amendment changes the Zoning Map, the record copy of said map shall be amended within 90 days of the authorized change, and a notation shall be made thereon, giving the date of amendment and the appropriate reference into Town Council records.

• A. A Zoning Board of Review, hereinafter referred to as the Board, is hereby created. The Board shall consist of five members appointed by the Town Council. The membership of the Board at the time of enactment of this chapter shall be continued for the remainder of their respective terms, at which time successors shall be appointed. Each member of the Board shall be appointed for a term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four and five years, respectively. The Zoning Board of Review shall also include three alternates to be designated as the first, second and third alternate members, appointed by the Town Council for a term not to exceed five years.

  [Amended 9-14-2020 by Ord. No. 2020-16]

• B. All members shall serve until their successors are duly appointed and qualified. Members shall be legal residents of the Town of Barrington, and no member shall be an official of the Town elected in a general election or a salaried employee of the Town of Barrington. If any vacancy occurs in the membership of the Board, the Town Council shall fill such vacancy for the remainder of the unexpired term. The Town Council may also remove any member for cause shown.

The Zoning Board of Review shall organize annually by electing a Chair from its own membership. The Board may engage the services of a Secretary within the limitation of the funds appropriated to it for that purpose, or may elect one of the membership as Secretary. The Board shall, from time to time, adopt such rules as it may deem necessary to carry out the duties assigned to it by this chapter.

• A. Meetings of the Board shall be held at the call of the Chair, or at such time as the Board may vote. The Chair may administer oaths and compel the attendance of witnesses and the submission of data pertinent to the subject of the meeting.
• B. The Board shall, at all times, consist of four or five active members when conducting hearings and arriving at a decision. The alternate members may sit and actively participate in hearings. The first alternate shall vote in the absence or disqualification of one regular member, and the second shall vote in the absence or disqualification of two regular members. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning that matter.

  [Amended 12-4-2023 by Ord. No. 2023-12]

The Zoning Board of Review shall have the powers and duties as described below:

• A. To hear and decide appeals where it is alleged that there is error in any order, requirement or determination of the Building Official/Zoning Enforcement Officer in the enforcement of this chapter, with the exception of modifications denials, which shall be reviewed as dimensional variance requests. In exercising this power, the Board may affirm, reverse or modify the order, requirement or determination appealed from, and may make such order, requirement or determination as ought to be made, and to that end shall have all of the powers of the Building Official/Zoning Enforcement Officer from whom the appeal was taken.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. To hear and decide applications for variances under the provisions of Article XIII of this chapter, to provide relief from the following:
  • (1) The use requirements of Article IV.
  • (2) The dimensional requirements of Article VI relating to lot area, frontage, building coverage, setback and building height, including that for nonconforming structures under the provisions of Article IX. This includes requests for modifications (outlined in § 185-40) that receive written objection.

    [Amended 12-4-2023 by Ord. No. 2023-12]

    Editor's Note: The Dimensional Regulations Table is now located at the end of this chapter.

  • (3) The merger requirements for substandard lots of record under the provisions of Article VIII.
• C. To hear and decide applications for special use permits, under the provisions of Article XIV of this chapter, upon which the Board is authorized to pass in Article IV and other articles of this chapter.
• D. To refer matters to the Planning Board, or to other boards and commissions of the Town, as the Zoning Board of Review may deem appropriate, for findings and recommendations.
• E. To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.
• F. To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under the ordinance or other statutes.
• G. All members, including alternate members, of the Zoning Board of Review shall be required to participate in continuing education courses promulgated pursuant to R.I.G.L. Title 45, Chapter 70 , as amended, entitled "Continuing education for Local Planning and Zoning Boards and Historic District Commissions."

  [Added 12-4-2023 by Ord. No. 2023-12]

• A. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, corporation or other entity affected by any decision of the Building Official/Zoning Enforcement Officer concerning the provisions of this chapter, with the exception of modifications denials, which shall be reviewed as dimensional variance requests. Such appeal shall be taken within a reasonable period of time after such decision by filing with the Building Official/Zoning Enforcement Officer and with the Zoning Board of Review a notice of appeal specifying the grounds for the appeal. Upon notification of an appeal, the Zoning Board Clerk shall immediately transmit all records of the decision which has been appealed to the Board, who shall hold a public hearing under the provisions of § 185-62.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. Any appeal must be made on forms provided for that purpose and must be accompanied by a filing fee of such amount as may be set by the Town Council from time to time, payable to the Town of Barrington and returnable only in the event that the appeal is withdrawn prior to the publication of official notice of the public hearing.

  Editor's Note: See Ch. A225, Fee and Fine Schedule.

• C. The Board shall hear and decide appeals within 65 days of the date of a completed application for an appeal.

  [Added 1-5-2015 by Ord. No. 2014-6]

• D. Cost of the appeal shall be borne by the aggrieved party.

  [Added 12-4-2023 by Ord. No. 2023-12]

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Board that a stay, in their opinion, would cause imminent peril to life and property. In such case, proceedings shall be stayed only by a restraining order which may be granted by the Board or by a court of competent jurisdiction on application therefor and upon notice to the Building Official and for due cause shown.

[Amended 12-4-2023 by Ord. No. 2023-12]

• A. An application for a variance or special use permit shall be filed on forms provided for that purpose in the office of the Building Official/Zoning Enforcement Officer. Upon receipt of an application, the Zoning Board Clerk shall immediately transmit such application to the Zoning Board of Review, who shall hold a public hearing under the provisions of § 85-62.
• B. Where an application for a variance or special use permit also requires review by the Planning Board under the provisions of Article XXIV of this chapter, relating to design and site plan review or the Land Development and Subdivision Regulations, Chapter 200, the application shall be submitted as part of the application materials to the Planning Board under unified development review process as defined in § 185-5.
• C. An application for a variance or special use permit shall be accompanied by a filing fee as set by the Town Council from time to time, payable to the Town of Barrington and returnable only in the event that the application is withdrawn prior to publication of notice of public hearing.

Applications for variances or special use permits shall be accompanied by a site plan for the proposed development. Such site plan shall be drawn to scale and shall show all existing and proposed structures, parking spaces, driveways and driveway openings, outside storage areas and signs. It shall also show all water bodies and all landscape features such as fences, walls, planting areas, walks and buffer strips, and such other information as may be required by the Board. In appropriate circumstances, strict compliance with some of the requirements of this provision may be excused or waived by the Board where strict compliance is unnecessary given the size or scope of the project involved. In every case, however, the site plan with all structural improvements or additions shall be drawn to scale in relation to lot lines.

• A. Upon receipt of an appeal or an application for a variance or special use permit, the Board shall schedule a public hearing thereon within a reasonable time. Notice of such hearing shall be published in a newspaper of local circulation in the Town of Barrington at least 14 days in advance of the date of the public hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town, and the Town must make the notice accessible on the website homepage at least 14 days prior to the hearing. Notice of such hearing shall also be mailed to the applicant and to owners of land within 200 feet of the property involved, including the owner, applicant, and property owners in any adjacent community by first-class mail. The cost of the newspaper and mailing notification shall be borne by the applicant.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. In addition, notice shall be forwarded to the Town or City Council of any adjacent community where there is a public, quasi-public or private water source lying within 2,000 feet of any area affected by the proposed action, and to any other party or agency deemed by the Board to be affected by action on the application. Any party may appear and be heard at the public hearing in person, or by agent or attorney.
• C. For any proceedings in which the right of appeal lies to the Superior Court in the State of Rhode Island, the Board shall have the minutes taken by either a competent stenographer or recorded by a sound-recording device.

[Amended 12-4-2023 by Ord. No. 2023-12]

Following a public hearing, the Zoning Board of Review shall issue findings and conclusions supporting its decision irrespective of whether the decision is to grant or deny the application or appeal before the Board. In granting a variance or special use permit, the Board may apply such special conditions that may, in the opinion of the Board, be required to promote the intent and purposes of this chapter and the Comprehensive Plan. Failure to abide by any special conditions attached to an approval shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include but are not limited to provisions for the following:

• A. Physical amenities such as screening, setbacks, buffer zones and others, to prevent nuisance to and promote harmony with the use of nearby property.
• B. Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities.
• C. Designating the exact location and nature of development.
• D. Controlling the sequence of development, including when it must be commenced and completed.
• E. Controlling the duration of use or development; this includes but is not limited to the time within which any temporary structure must be removed.
• F. Assuring satisfactory installation and maintenance of required public improvements.
• G. Establishing detailed records by submission of drawings, maps, plats or specifications.

• A. The Board shall render a decision on any matter before it within 15 days after the public hearing is closed. The concurring vote of three members of the Board shall be required to decide in favor of an applicant. The decision shall be posted in the Barrington Town Hall for a period of 20 days following the recording of the decision.

  [Amended 1-5-2015 by Ord. No. 2014-6; 12-4-2023 by Ord. No. 2023-12]

• B. The Board shall make a record of its proceedings, findings and actions, showing the vote of each member participating thereon and the absence of a member or their failure to vote. This record shall be completed and be filed in the office of the Town Clerk within 30 working days from the date when the decision was rendered and shall be available for review by the public. In addition, notice of the decision shall be transmitted to the applicant, the Building Official, the Planning Board and the Town Council.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• C. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the Town of Barrington.

The Zoning Board of Review may not accept another application for the same variance or special use permit, with respect to the same parcel, for a period of one year after the denial of an application therefor to the Board. This period of time may be waived if the subsequent application is accompanied by an affidavit presenting facts, to the satisfaction of the Board, showing that a substantial change in the factual circumstances exists, justifying a rehearing or hearing, as the case may be.

[Amended 1-13-1997 by Ord. No. 96-14]

A variance or special use permit shall expire one year from the date of granting by the Zoning Board of Review unless the applicant exercises the permission granted, or received a zoning permit to do so, and commences substantial construction or use and diligently prosecutes the same until completion, except, however, that such expiration shall not apply to a special use permit granted under the provisions of § 185-29 relating to the unmerger of substandard lots of record. The Board may, upon application therefor and for cause shown, grant an extension. No more than one extension for an additional period of one year may be granted, except where the applicant has experienced delay in obtaining state or federal agency approval and has otherwise diligently pursued the permission granted.

Any person or persons jointly or severally aggrieved by any action of the Zoning Board of Review, or any officer, department or board of the Town of Barrington, may file an appeal with the Superior Court in the State of Rhode Island, as provided by Section 45-24-69 of the General Laws of Rhode Island, 1956, as amended. The appeal shall set forth that such decision is illegal in whole or in part and specify the grounds of the illegality. Such appeal shall be filed with the court within 20 days after the decision has been recorded and posted in the office of the Town Clerk.

[Amended 12-4-2023 by Ord. No. 2023-12]

Relief from the literal requirements of this chapter because of hardship may be granted to any person, group, agency or corporation through the issuance of a variance by the Zoning Board of Review under the procedures of Article XII herein, or the Planning Board under the unified development review process as defined in § 185-5. Two types of variances can be considered: a use variance and a dimensional variance.

In granting either a use or dimensional variance, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

• A. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in § 185-3P.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. That the hardship is not the result of any prior action of the applicant.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• C. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan.

  Editor's Note: Former Subsection D, regarding relief granted, which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.

Prior to the granting of a use variance by the Zoning Board of Review, in addition to the standards of § 185-69, the applicant has the burden of proving that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. The nonconforming use of neighboring lands or structures in an adjacent district shall not be considered grounds for the issuance of a use variance.

[Amended 1-5-2015 by Ord. No. 2014-6; 12-4-2023 by Ord. No. 2023-12]

Prior to the granting of a dimensional variance by the Zoning Board of Review, in addition to the standards of § 185-69, the applicant has the burden of proving that the hardship to be suffered by the owner of the subject property shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

• A. Where a use is allowed in this chapter as a special use rather than allowed by right, such use may be granted to any person, group, agency or corporation only through the issuance of a special use permit by the Zoning Board of Review under the procedures of Article XII herein, or the Planning Board under the unified development review process as defined in § 185-5.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. An applicant may apply for, and be issued, a dimensional variance and special use permit simultaneously or may apply for a dimensional variance for a lot or lots whose use was established previously by the issuance of a special use permit. The Zoning Board of Review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the standards for granting a special use permit and those standards for a dimensional variance.

  [Added 12-3-2001 by Ord. No. 2001-5]

[Amended 12-4-2023 by Ord. No. 2023-12]

A use requiring a special use permit in Article IV and elsewhere in this chapter may be permitted by the Zoning Board of Review following a public hearing only if, in the opinion of the Board, such proposed use and its location on the site meets each of the following requirements:

• A. The use is authorized by this chapter.
• B. It will be in harmony with the general purpose of this chapter.
• C. The use meets all of the criteria set forth in § 185-73.1 authorizing such special use.

[Added 12-4-2023 by Ord. No. 2023-12]

Prior to the issuance of a special use permit, the Zoning Board of Review, or Planning Board under unified development review as appropriate, shall make affirmative findings on the following criteria for the respective use.

• A. Two-family dwelling.
  • (1) One unit is affordable and only on lots that contain at least the minimum size area as shown on the Dimensional Regulations Table.

    Editor's Note: The Dimensional Regulations Table is included as an attachment to this chapter.

• B. Conversion of single-family dwellings (lawfully existing as of January 1, 2012,) to two-family dwellings.
  • (1) Meets requirements of § 185-24.1 for conversion of single-family dwelling to two-family dwelling.
• C. Senior residential community.
  • (1) Meets requirements of Article XXX, Senior Residential Communities Procedure and Standards.
• D. Multifamily dwelling.
  • (1) Twenty-five percent of the housing units are affordable.
• E. Accessory apartment detached
  • (1) Meets requirements and criteria of § 185-141 and § 185-143 for detached accessory apartments.
• F. Accessory apartment interior.
  • (1) Reserved for one or more members of the family of the owner-occupant of the principal residence.
• G. (Reserved)
• H. Hotel or motel.
  • (1) A sprinkler system and fire alarm shall be provided as determined by the Fire Safety Code.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated dropoff area near an entrance to the building sufficient to hold vehicles representing at least 10% of the number of rooms offered by the hotel or motel that does not block vehicle parking spaces.
  • (3) A signage plan that clearly identifies the hotel or motel shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• I. Tourist home or lodging house.
  • (1) A sprinkler system and fire alarm shall be provided as determined by the Fire Safety Code.
  • (2) A signage plan that clearly identifies the tourist home or lodging house shall be submitted with the special use permit application.
  • (3) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (4) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• J. Golf course, not including commercial driving range or miniature golf course.
  • (1) A list of chemicals applied to the grounds is provided with the special use permit application. A list of any future chemicals applied to the grounds shall be submitted to the permitting authority prior to their application.
• K. Park, beach, and public or commercial pool.
  • (1) The location has rules to prevent disturbance of the peace posted at all park entrances.
  • (2) Any event that will limit access to any area of the location receives an event permit from the Town.
• L. Riding stable.
  • (1) No stallions permitted.
  • (2) No more than one horse for every acre of land.
  • (3) No horse shows.
• M. Outdoor event use and accessory outdoor event use.
  • (1) Specific hours of operation are included as a condition of approval such that the use does not disturb the peace.
  • (2) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (3) A parking plan.
  • (4) A circulation plan demonstrating safe pedestrian and vehicular circulation to the satisfaction of the permitting authority, which may include a dropoff area and/or a traffic impact study.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• N. Marina.
  • (1) Meets parking requirements of § 185-78A(13).
  • (2) No boat is kept in the same location for more than 500 days.
  • (3) Winter boat storage is subject to an egress plan approved by the Fire Department.
  • (4) Composting, recycling, and waste bins are readily available for patrons.
• O. Recreation boat storage.
  • (1) Subject to an egress plan approved by the Fire Department.
  • (2) No boat is stored for more than one consecutive summer.
  • (3) No work during from dusk to 7:00 a.m.
• P. Yacht club, including entertainment and/or alcoholic beverages.
  • (1) Meets parking requirements of § 185-78A(13).
  • (2) No boat is kept in the same location for more than 500 days.
  • (3) Winter boat storage is subject to an egress plan approved by the Fire Department.
  • (4) All entertainment conducted pursuant to an entertainment license from the Town.
  • (5) Composting, recycling, and waste bins are readily available for patrons.
• Q. Religious building.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) At least one outdoor gathering space immediately outside the main entrance sufficient to hold congregant to fire code standards shall be shown on the plans.
    • (c) A designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (2) A signage plan that clearly identifies the place of worship and denomination of the congregants shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• R. Hospitals or health care facilities.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated dropoff area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
    • (c) Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
  • (2) Sufficient healthcare design shall be demonstrated through the submission of the architect's certification letter as required by the Rhode Island Department of Health.
  • (3) A signage plan that clearly identifies the facility and all wayfinding shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• S. Congregate health care facility.
  • (1) Lot coverage does not exceed 30%.
  • (2) Submission of the architect's certification letter as required by the Rhode Island Department of Health.
  • (3) Landscaping and architectural treatment is in harmony with the surrounding residential development. The building and grounds shall be maintained so as to enhance the appearance of the premises.
  • (4) Provisions for outdoor passive recreation are provided in the form of paved walks and patios and include benches and similar facilities. Area devoted to passive recreation is equal at least 10% of the lot or premises.
  • (5) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated dropoff area near an entrance to the building sufficient to hold at least one vehicle for every 20 residents that does not block vehicle parking spaces.
    • (c) Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
    • (d) Delivery and waste removal locations and schedules that do not disturb the peace.
  • (6) Sufficient health care design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application that includes wayfinding directing patients and visitors to the different care destinations.
  • (7) A signage plan that clearly identifies the facility and all wayfinding shall be submitted with the special use permit application.
  • (8) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (9) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (10) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• T. Cemetery.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Vehicular and pedestrian signage directing patients and visitors to the different driveways.
  • (2) A signage plan that clearly identifies the cemetery and all wayfinding shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• U. Day-care center.
  • (1) The applicant shall provide proof of state licensing.
  • (2) No day-care center shall be located within a 300-foot distance from gasoline pumps, underground gasoline storage tanks, or any other storage and/or use of hazardous, explosive and/or flammable materials, said 300 feet to be measured from the perimeter of the property on which the day-care center is proposed. No child day-care center shall be sited in a location which exposes children to commercial and/or industrial land uses and/or activities which involve toxic emissions, noxious odors, and/or other potential dangers.
  • (3) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Outdoor recreation space under the custody and control of the day-care center sufficient to hold the entire facility's capacity.
  • (4) A signage plan that clearly identifies the day-care center shall be submitted with the special use permit application.
  • (5) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (6) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (7) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• V. School.
  • (1) The applicant shall provide proof of licensing as required.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (3) A signage plan that clearly identifies the school shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• W. Cultural activity.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
  • (2) Culturally appropriate design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application.
  • (3) A signage plan that clearly identifies the place of activity shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• X. Electric power substation, electric generator, telephone exchange not open for public business, water pumping station, well field, or sewage pumping or lift station.
  • (1) Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
  • (2) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (3) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• Y. High-voltage transmission tower or line or water storage tower.
  • (1) There shall be a minimum setback of 100 feet from any residential property.
• Z. Cellular communications, private.
  • (1) There shall be a minimum setback of 30 feet from any residential property line and where the use is a freestanding tower a minimum of 30 feet from lot lines.
  • (2) Where wireless telecommunications are installed on buildings, a parapet shall be installed to minimize the adverse visual impact of the tower and/or antenna.
  • (3) Meets the requirements of § 185-207.
• AA. Utility pole.
  • (1) Sensitive environmental design through the submission of a site plan stamped by a Rhode Island licensed landscape architect identifying materials utilized in the installation and view corridors.
  • (2) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AB. Public sanitary landfill area or recycling center.
  • (1) Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
  • (2) A delivery and removal plan that demonstrates no disturbance to the peace.
  • (3) A maintenance plan that sufficiently demonstrates minimal refuse will unintentionally move around the site.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AC. (Reserved)
• AD. Public park and ride facility.
  • (1) Located on the Route 114 corridor.
  • (2) Meet the requirements of § 185-79 and parking design guidelines in Ch. 200, Land Development and Subdivision Regulations.
• AE. Supermarket, convenience/drug store, community or regional shopping center, and package, liquor store.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
  • (2) A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
  • (3) A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AF. Food preparation and/or sales and art supplies, book, card, gift, novelty, hobby, jewelry, music, magazine, tobacco, toy store or shop, or dry-cleaning facility.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
  • (2) A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
  • (3) A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AG. Apparel and sporting goods store and automotive sales.
  • (1) No outdoor storage/display outside of business hours.
  • (2) No outdoor storage/display inside setbacks.
  • (3) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
    • (b) Outdoor storage/display areas.
  • (4) A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
  • (5) A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
  • (6) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (7) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AH. Mortuary or funeral home.
  • (1) Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated dropoff area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
  • (3) A signage plan that clearly identifies the mortuary or funeral home shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AI. (Reserved)
• AJ. Automatic car-washing facility.
  • (1) An operations plan is submitted with the special use permit demonstrating that 75% of water will be reused. The car-washing facility shall adhere to the operations plan for the duration of its special use permit.
  • (2) Whether washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained into the sanitary sewer system with no runoff onto the public right-of-way.
  • (3) All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
  • (4) When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment to a maximum of 85 decibels.
  • (5) Compost, recycling, and trash receptacles shall be placed near all vacuum stations as applicable and at the car wash entrance.
• AK. Veterinary office or animal hospital.
  • (1) Landscaping (a hedge of compact evergreens) or a tight-board fence must be installed along all interior lot lines.
  • (2) Exterior exercise areas shall be located in the interior side or rear yard and shall be enclosed by a six foot fence.
  • (3) All overnight boarding operations shall be located indoors.
• AL. Vehicle rental office.
  • (1) All outdoor display areas where items are left overnight are secured by a four foot fencing.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated drop-off area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
  • (3) A signage plan that clearly identifies the vehicle and/or bike rental office shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted for review and approval prior to completion of any operational or physical alterations to the subject property.
• AM. Gasoline filling station and automotive repair garage.
  • (1) The filling station premises shall be located not less than 200 feet from the premises or any park, playground or other public recreational facility, school or municipal building, church or other place of worship, religious or educational institution, cultural center, cemetery or hospital.
  • (2) There is vertical separation of at least four inches between the use and adjoining sidewalks or roadways.
  • (3) There is a landscaped planting area of at least three feet along all edges of the use.
  • (4) Requirements for driveways:
    • (a) Minimum distance between access driveways shall be 20 feet.
    • (b) Maximum width for curb cuts shall be 25 feet.
  • (5) Requirements for structures:
    • (a) Minimum distance between pump islands, compressed air connections and similar equipment and any street or property lines shall be 20 feet.
    • (b) Minimum distance between the canopy and the street line shall be 12 feet.
    • (c) Minimum distance between any canopy and compressed air and similar equipment and any interior lot line shall be 20 feet.
  • (6) Requirements for underground tanks:
    • (a) Maximum storage capacity for petroleum products shall be 42,000 gallons.
    • (b) Minimum separation distance required between underground tanks adjoining buildings and property lines shall be 10 feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.
  • (7) Requirements for repairing and washing vehicles. Repairing must be conducted wholly within a building. Repair work shall not include any body work. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained into the sanitary sewer with no runoff onto the public right-of-way. All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
  • (8) Outside storage of vehicles. Storage of any vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.
  • (9) No motor vehicles shall be stored and no repair work and/or service work shall be conducted in the public right-of-way.
  • (10) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Delivery and waste removal locations and schedules that do not disturb the peace.
  • (11) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AN. Restaurants.
  • (1) A maximum of 30 seats shall be permitted.
  • (2) Drive-through facilities are prohibited.
• AO. Theater.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) Outdoor gathering space immediately outside the main entrance sufficient to hold the property's largest theater's fire code occupancy shall be shown on the plans.
    • (c) There shall be a designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's property's largest theater's fire code occupancy, rounded up to the nearest whole number.
  • (2) A signage plan that clearly identifies the use and wayfinding to the theater(s) shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AP. Indoor commercial recreation, other than amusement games.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (2) A signage plan that clearly identifies the use shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AQ. Storage of flammable materials.
  • (1) Quantity not to exceed 10,000 gallons.
  • (2) Flammable materials kept in a sealed, corrosion-free container.
  • (3) Flammable materials not located within 400 feet of a residence.
• AR. Cannabis cultivator, product manufacturer, and testing laboratory.
  • (1) No marijuana establishment shall be combined with residential use of property.
  • (2) No outside storage of marijuana, related supplies, or promotional materials shall be permitted.
  • (3) Marijuana facilities shall be ventilated in such a manner that:
    • (a) No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and
    • (b) No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.
  • (4) The marijuana facility shall be screened along side and rear lot lines with a solid wall or fence a minimum of six feet in height.
  • (5) Lighting shall be required such that it will illuminate the use, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
• AS. Cannabis retailer.
  • (1) No marijuana establishment shall be combined with residential use of property.
  • (2) No outside storage of marijuana, related supplies, or promotional materials shall be permitted.
  • (3) Marijuana facilities shall be ventilated in such a manner that:
    • (a) No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and
    • (b) No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.
  • (4) The marijuana facility shall be screened along side and rear lot lines with a solid wall or fence a minimum of six feet in height.
  • (5) Lighting shall be required such that it will illuminate the use, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
  • (6) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
  • (7) A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time.
  • (8) A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
  • (9) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (10) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
• AT. Drive-through.
  • (1) There shall be no on-site stacking lane within 50 feet of a residential property.
  • (2) The applicant shall provide information on the following:
    • (a) Nature of the product or service being offered.
    • (b) Method by which an order is processed.
    • (c) Time required to serve a typical customer.
    • (d) Anticipated arrival rate of customers.
    • (e) Peak demand hour.
    • (f) Approval of the anticipated vehicular stacking plan to ensure no stacked cars will be in the right-of-way and will not increase traffic in adjacent residential neighborhoods required.
  • (3) There shall be no microphone and amplification system within 150 feet of a residential structure. Amplification systems shall not be directed at abutting properties.
  • (4) Queuing areas shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
  • (5) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
  • (6) A signage plan that clearly identifies the business, its driveway and building entrances, and drive-through progression shall be submitted with the special use permit application.
  • (7) A traffic study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time.
  • (8) Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.

In addition to the standards of § 185-73, when reviewing a special use permit application for the change in a nonconforming use to another nonconforming use, or for the extension, addition to or enlargement of a nonconforming use, the Zoning Board of Review shall require that the applicant demonstrate each of the following:

• A. That it will not result in the creation of or increase in any undesirable impacts related to the use, such as excessive noise, traffic and waste generation.
• B. That the general visual appearance of the nonconforming use shall not be altered in a way so as to heighten or make more apparent its nonconformity and, where possible, shall be improved so as to be more consistent with the surrounding area.
• C. That it will not have a negative impact on the natural environment or on any historic or cultural resource.
• D. That the resulting nonconforming use will be a beneficial use to the community.

In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XV and Article XVI of this chapter, relating to off-street parking and off-street loading, respectively, the Zoning Board of Review shall require that the applicant demonstrate the following:

• A. That, based upon projected use and level of activity for a given development proposal, strict application of the parking and/or loading requirements would be excessive.
• B. That, as a result of such relief, the proposed development will be enhanced either in terms of visual appearance or through the provision of additional amenities, such as landscaping and buffering, walkways, bicycle racks and/or street furniture; or that there is some clear public or environmental benefit.
• C. That the safe and proper operation of the business will in no way be compromised.

  Editor's Note: Former Subsection D, providing standards for parking facilities not constructed entirely on or adjacent to the site of the principal use, added 1-10-2000 by Ord. No. 99-13, which immediately followed, was repealed 2-6-2012 by Ord. No. 2012-1.

[Amended 11-3-1997 by Ord. No. 97-10]

• A. In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XVII of this chapter, relating to signs, the Zoning Board of Review shall require that the applicant demonstrate the following, where relevant:
  • (1) That the establishment of the sign in a completely conforming manner will result in significant damage to the associated business.
  • (2) That the establishment of the sign which is nonconforming by size will result in a clear visual improvement to a site by virtue of its replacement of an existing nonconforming sign.
  • (3) That the location or illumination of a sign in a nonconforming manner is necessary to achieve its intended visual effect.
  • (4) That the use of an internally illuminated sign will in no way constitute a public hazard or result in additional light or glare than that which would occur from an external lighting source.
• B. The company standards of a business operated as a franchise shall not be considered grounds for the granting of relief from the requirements of Article XVII relating to the size, placement or illumination of any sign.

[Amended 1-10-2000 by Ord. No. 99-13; 2-6-2012 by Ord. No. 2012-1]

No application for a permit for the erection of a new structure, development of a land use, change in use, or expansion of a structure shall be approved unless the off-street parking requirements as set forth in § 185-78, pertaining to minimum parking requirements, and in § 185-79, pertaining to parking lot and space requirements, are met and an approved driveway permit for the location and means of access to such area from the public streets and highways has been issued. When there is a mixed use within a building, each use shall be determined separately with the sum of the requirements being the total parking requirement. In all cases, the entire building shall be categorized for purposes of determining total parking requirements.

• A. Specific uses allowed in this chapter shall be required to provide a minimum number of parking spaces, as follows:
  • (1) Dwellings: two car spaces for each single- and two-family dwelling unit.

    [Amended 2-6-2012 by Ord. No. 2012-1]

  • (2) Multifamily and mixed use.

    [Amended 2-6-2012 by Ord. No. 2012-1]

    • (a) Accessory apartments, efficiency apartments: one-bedroom apartments: one car space for each dwelling unit, plus one guest space for every third unit in overall development.
    • (b) Two-bedroom units and larger: 1 1/2 spaces per unit, plus one guest space for every third unit in overall development.
  • (3) Hotels, motels, tourist homes and lodging houses: two car spaces for each unit.
  • (4) Convalescent center or nursing home: one car space for every four beds, plus one car space for every two employees based on the largest shift.
  • (5) Elderly housing: one car space for each efficiency or one-bedroom unit, 1 1/2 car spaces for each two-bedroom unit, plus one car space for every two employees based on the largest shift.
  • (6) Live-work space: One parking space is required for each live-work unit, with no fewer than two parking spaces per building.

    [Added 9-11-2017 by Ord. No. 2017-13]

  • (7) Convertible space: Required parking will be based on the applicable parking standards for the uses initially proposed for the convertible space, whether residential or commercial. If a use changes to another use that requires more parking, such additional parking must be provided on site or else the applicant must demonstrate proof of a shared parking arrangement with a neighboring property owner per the Town's standards for shared parking (§ 185-78.E). Additionally, an applicant may request that on-street/public parking be counted toward the required parking spaces where these spaces are located within 300 feet from the building entrance and have safe, direct pedestrian access to the building entrance, via sidewalks and/or crosswalks.

    [Added 9-11-2017 by Ord. No. 2017-13]

  • (8) Office uses: one car space for every 350 square feet of gross floor area.

    [Amended 2-6-2012 by Ord. No. 2012-1]

  • (9) Retail and service business: one car space for every 350 square feet of gross floor space in use.

    [Amended 1-10-2000 by Ord. No. 99-13; 2-6-2012 by Ord. No. 2012-1]

  • (10) Restaurants, theaters and other buildings or places of public assembly: one car space for every four seats, or for every four persons of capacity, except, however, if a restaurant is a fast-food restaurant as defined in Article II, one car space for every three seats.

    [Amended 1-10-2000 by Ord. No. 99-13; 2-6-2012 by Ord. No. 2012-1]

  • (11) Commercial and higher educational institutions: one car space for each four students, plus one car space for each instructor and one car space for every two employees or other staff members.
  • (12) Manufacturing or wholesale uses: one car space for every two employees based on the largest shift, plus one car space for each company vehicle operating from the premises.
  • (13) Marina or yacht club: one space per 350 square feet of gross floor area plus 1/2 space per boat or slip.

    [Added 2-6-2012 by Ord. No. 2012-1]

    Editor's Note: This ordinance also redesignated former Subsection A(11) as Subsection A(12).

  • (14) Adaptive reuse: Must be exempt from off-street parking requirements over one space per dwelling unit.

    [Added 12-4-2023 by Ord. No. 2023-12]

    Editor's Note: This ordinance also redesignated former Subsection A(14) as Subsection A(15).

  • (15) All other uses: three car spaces, one car space for every 350 square feet of gross floor area.

    [Amended 2-6-2012 by Ord. No. 2012-1]

• B. No part of a minimum front yard, nor any land physically inaccessible for the actual parking of a car because of a structure or for any other reason, shall be used to satisfy the above off-street parking requirements, except that the restriction against parking in the minimum front yard shall not apply to residentially used lots within Residence 10 Districts.
• C. No parking provided for any individual business or community shopping center located along County Road within the Business District shall be placed within 25 feet of County Road, as measured from the edge of the property line.

  [Added 1-10-2000 by Ord. No. 99-13]

• D. The number of parking spaces provided for any individual business or community shopping center located along County Road within the Business District shall not exceed the minimum number of parking spaces required above by more than 15%.

  [Added 1-10-2000 by Ord. No. 99-13]

• E. Shared parking.

  [Added 2-6-2012 by Ord. No. 2012-1]

  • (1) Applicability. The permitting authority may permit all or part of the required parking spaces to be located on any other lot owned or leased by the owner of the building, subject to meeting applicable requirements and criteria [§ 185-78E(2)].

    [Amended 12-4-2023 by Ord. No. 2023-12]

  • (2) Requirements and criteria. Approval is subject to the following requirements and criteria:
    • (a) This option is available where two different uses occur at nonsimultaneous times (e.g., a church with Sunday services and evening events together with a business that is closed evenings and on Sunday).
    • (b) Submission of a reciprocal agreement executed by the owners and operators of the different sources or uses ensuring the long-term joint use of such shared parking, and defining the terms upon which the parking is shared. The agreement for off-site parking in the form of a written lease [or deed restriction?] is to be recorded in the Land Evidence room at Town Hall and identify the number and location of shared parking spaces and the businesses those spaces serve.
    • (c) A determination shall be made by the Building Official or applicable board that the shared parking:
      • [1] Is no more than 500 feet from each use sharing the parking facility;
      • [2] Will have a safe and well-defined pedestrian connection from the parking area to the subject parcel.
      • [3] Hours of operation and peak demand of the uses involved shall not conflict; and
      • [4] Will provide an adequate number of spaces for the applicable uses.
    • (d) Information concerning the following also may be requested:
      • [1] The hours of operation and parking demand for each use;
      • [2] The hours of peak demand for parking;
      • [3] A description of the character of the land use and the parking patterns of adjacent uses;
      • [4] An estimate of the anticipated turnover in parking space use over a twenty-four-hour period of time;
      • [5] A site plan showing all proposed parking spaces, including the shared use spaces in the lot and the walking distance to the uses sharing the lot; and
      • [6] Any other information concerning parking deemed necessary by the approving official or review board to render a decision.
  • (3) Decision.
    • (a) Once a leased lot is approved to provide parking for any building, an agreement acceptable to the Town that guarantees the required parking will be provided at the termination of the lease must be recorded in Land Evidence before any permit may be issued for the building. Once a privately owned lot is approved for parking for any building, it shall not be converted to any other use without approval of the Planning Board or Zoning Board of Review after the Building Official makes a finding that the required parking is otherwise provided in accordance with this chapter.
• F. Combined parking. Nothing in this section shall be construed to prevent the combined use of off-street parking or off-street loading areas by two or more buildings or uses if the total number of spaces provided is not less than the requirements for each use computed separately in accordance with this article. In no case shall off-street loading space be considered as required off-street parking space, or vice-versa.

  [Added 2-6-2012 by Ord. No. 2012-1]

• G. In the case of single-family and duplex two-family residences, the car space size requirements will be deemed satisfied by the provision of two such spaces end-to-end without the necessity of provision for access aisles.

  [Added 2-6-2012 by Ord. No. 2012-1]

• A. Parking areas. The following requirements are intended to ensure that new and renovated off-street parking areas, for commercial, mixed use, institutional and multifamily uses, are constructed in accordance with the Town's desired design character, the provisions of this section, and other Town regulations pertaining to parking.
  • (1) Such area shall have a dust-free hard surface, be provided with bumper barriers where needed and include facilities for managing stormwater runoff.
  • (2) Where such a parking area lies within or adjoins a Residence District, there shall be provided a five-foot-wide landscaped strip containing an opaque fence not less than four feet in height nor more than six feet in height, or a double-row compact evergreen screen not less than four feet in height, which shall be maintained in a neat and attractive manner between the parking facility and the adjoining Residence District.
  • (3) Parking lots for new construction shall be located to the side and rear of the lot.
  • (4) Parking is prohibited within the front yard.
  • (5) Parking lots that abut public rights-of-way or grade parking under the building shall be screened with one or a combination of the following:
    • (a) Where the portion of the property used for such parking abuts a street, such portion, excepting approved curb cuts, shall be separated from the street line by a granite curb at least six inches high.
    • (b) A low wall made of concrete, masonry or other suitable material, such as a picket fence, not exceeding a height of three feet.
    • (c) Raised planters planted with a minimum of 80% evergreen shrubs not to exceed a total height of five feet (including planter).
    • (d) Landscaping consisting of a mix of trees and shrubs, provided that 80% of the shrub plantings are evergreen.
  • (6) Walls, fencing and architectural details shall complement the materials of adjacent architectural styles and the character of the development as a whole.
  • (7) Where walls are provided, planting areas shall be a minimum width of four feet and should be located adjacent to the public right-of-way.
  • (8) Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between uses and parking areas.
• B. Minimum size of spaces.
  • (1) Each parking space shall be marked by painted lines and contain the following minimum dimensions affecting the width and length of individual parking stalls and the width of aisles in all districts, exclusive of necessary drives and other accessways.
    • (a) Standard parking spaces:
      • [1] Minimum width: nine feet.
      • [2] Minimum length: 18 feet.
    • (b) Parallel parking spaces:
      • [1] Minimum width: eight feet.
      • [2] Minimum length: 21 feet.
    • (c) Minimum aisle widths:
      • [1] Ninety-degree angle: 24 feet.
      • [2] Sixty-degree angle: 18 feet.
      • [3] Forty-five-degree angle: 13 feet.
      • [4] Thirty-degree angle: 11 feet.
      • [5] Zero-degrees (parallel parking): 12 feet.
  • (2) For parking areas with more than 30 spaces, the painted lines for each parking stall shall be double-line striped, such that there is a minimum of two feet between each stall. This two-foot area shall be included in calculating the overall width of the parking space stall, provided that at least eight feet of width shall be provided between the inner edges of the stall.
  • (3) For parking areas with more than 20 spaces, up to 25% of the spaces may be reduced in size for compact cars, provided that such spaces shall be prominently signed for compact cars only. The painted lines for each compact-car parking stall shall also be double-line striped, such that there is a minimum of two feet between each stall. This two-foot area shall be included in calculating the overall width of the parking space stall, provided that at least seven feet of width shall be provided between the inner edges of the stall. The overall size of the compact car space may be reduced to nine feet wide by 16 feet long.
  • (4) Handicapped-accessible spaces shall be provided as required by any other applicable law.
  • (5) Each loading space shall be marked by painted lines and contain the following minimum dimensions affecting the width, length and height.
    • (a) Minimum width: 14 feet.
    • (b) Minimum length: 60 feet.
    • (c) Minimum vertical clearance: 15 feet.
  • (6) Setbacks. Parking spaces less than 10 feet from any building shall be separated from such building by raised curb, bumper or wheel guards. The requirements of this subsection shall not apply to detached single- or two-family dwellings.
  • (7) Entrance and exit. Each parking and loading space shall be designed with adequate off-street area for approach, turning and exit without the need or ability to use any part of a street. All driveways on County Road and all one-way driveways shall have a minimum width of 12 feet for each lane of traffic using such driveway. All two-way driveways on public streets other than County Road shall have a total minimum width of 20 feet. The width of any driveway shall not exceed 25 feet. The requirements of this subsection shall not apply to detached single- or two-family dwellings.
  • (8) Curb cuts. Developments shall be designed in a manner that minimizes the number of curb cuts on primary streets. To the extent feasible, access to businesses shall be provided through one of the following methods: from an existing side or rear street or public alley, thus avoiding the principal thoroughfare, or from a common driveway serving one or more adjacent properties. Curb cuts shall not be greater than 25 feet long and comply with design standards for driveway curb cuts as detailed in the Land Development and Subdivision Regulations (§ 200-87.1., Curb cut standards).

[Amended 2-6-2012 by Ord. No. 2012-1]

Plans and specifications for any required parking facility and its access drives shall be submitted at the time of the application for the building permit for the principal use.

Except where such parking or storage is directly related to a permitted or lawful nonresidential nonconforming use on that premises, no commercial vehicles having a capacity of more than two tons or having three or more axles, or tractors for hauling trailers, shall be stored, parked or garaged in a Residence District. The parking, storage or garaging of vans, trailers or semitrailers, or similar vehicles designed to be propelled by a separate means of locomotion, or vehicles designed to be used for moving said vans, trailers or semitrailers, as well as all self-propelled machinery designed for commercial use, shall be prohibited in Residence Districts. Customized vans used principally as pleasure or recreational vehicles are exempt from the provisions of this section.

The storage of major recreational equipment owned by the occupant must comply with the following requirements in Residence Districts:

• A. Not more than one such item may be stored on a lot, and no such item may be stored in any required front yard. For the purposes of this section, a boat resting on a boat trailer shall be considered as one item of equipment.
• B. No major recreational equipment while stored shall be used for living, sleeping or housekeeping purposes, either temporarily or permanently.
• C. No major recreational equipment shall be stored out-of-doors unless it is in condition for the performance of the function for which it is customarily used or intended, or can be brought to such condition within a six-month period. In the event that major recreational equipment remains unused for a continuous period of longer than 18 months, it will be presumed that this requirement is not satisfied.

The Zoning Board of Review may hear and grant a special use permit from the requirements of the provisions of this article, as provided in Article XIV and subject to the prerequisite contained therein.

No land shall be used or occupied and no structure shall be used or erected for any nonresidential purpose which requires provision for the loading and unloading of goods and equipment unless off-street loading space is provided in accordance with this article. Such space shall also be provided for any enlargement or alteration of an existing nonresidential use. Off-street loading space required under this article shall, in all cases, be on the same site or on a contiguous site to the principal use.

Off-street loading spaces shall be provided as follows:

• A. For each nonresidential use or structure (with the exception of live-work spaces and convertible spaces) of under 1,000 square feet of gross floor area or ground area within which commodities are sold, displayed, repaired, serviced, fabricated or altered as the principal use of the land or structure, one off-street loading space at least 300 square feet in area shall be provided.

  [Amended 9-11-2017 by Ord. No. 2017-13]

• B. For each nonresidential use or structure which has over 1,000 square feet of gross floor area or land devoted to such use, one off-street loading space of at least sixty-foot length and twelve-foot width with a minimum overhead clearance of 14 feet shall be provided.
• C. Additional off-street loading space may be required by the Building Official when necessary to provide adequate off-street loading spaces for the intended use.

Detailed plans shall be submitted to the Building Official to show how the off-street loading space shall be arranged and to indicate sufficient space for maneuvering, as well as adequate ingress and egress to and from the street, before any permits are issued or approved. Off-street loading spaces must meet the following specifications:

• A. Such loading space shall be located and designed so as to prevent the intrusion of loading or unloading vehicles onto any street or sidewalk during loading or unloading. In no case shall any of the required off-street loading space be part of the area used to fulfill the off-street parking requirement associated with the use of land or structure.
• B. Off-street loading space and access drives shall be paved, drained and lighted and shall have appropriate bumper or wheel guards where needed. Any light used for illumination shall be so arranged as to reflect the light away from adjoining premises and streets.
• C. Where any off-street loading space adjoins or abuts a Residence District or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a buffer as described in § 185-79B between the off-street loading space and the Residence District or lot used for residential, educational, recreational or religious purposes.

The Zoning Board of Review may hear and grant a special use permit from the requirements of the provisions of this article, as provided in Article XIV and subject to the prerequisite contained therein.

[Amended 5-8-1995 by Ord. No. 95-3; 8-4-1997 by Ord. No. 97-9; 11-3-1997 by Ord. No. 97-10; 10-5-1998 by Ord. No. 98-9; 5-7-2007 by Ord. No. 2007-5; 2-6-2012 by Ord. No. 2012-1; 7-31-2017 by Ord. No. 2017-10]

The intent of this article shall be to regulate, restrict and place such limitations on the size, location, alteration, type and illumination of all signs as will assure that they will be appropriate to the land, building or use to which they are appurtenant, and to achieve the following general purposes:

• A. To protect and enhance commercial and residential property values by creating a visually harmonious environment.
• B. To promote the general business interests of the Town by maintaining and improving the visual quality of commercial areas.
• C. To provide for the general safety of the public.
• D. To enhance the traditional qualities and characteristics of the Town of Barrington, and to further the objectives of the Comprehensive Plan.

  [Amended 12-4-2023 by Ord. No. 2023-12]

To achieve the purposes of this article, the following general standards shall be applied to signs in the Town of Barrington:

• A. Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings.
• B. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
• C. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
• D. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
• E. Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.

Editor's Note: Former § 185-89, Definitions, was repealed 2-6-2012 by Ord. No. 2012-1. This ordinance also redesignated former §§ 185-90 and 185-90.1 as §§ 185-89 and 185-90, respectively.

• A. For individual shopping centers on one or more zoning lots or where a zoning lot otherwise contains more than one principal use or establishment, the provisions of this article shall apply to the shopping center or zoning lot as a whole.
• B. The property owner(s) shall be responsible for allocating permitted signs and display surface areas among the individual uses or establishments.
• C. The common signage plan submitted for such zoning lot or shopping center shall show all business, directory and directional signs located or proposed thereon and shall be designed so that all signs are harmonious with each other in terms of number, type, size and location.
• D. For applicable new development, as part of the development plan review or land development process, the property owner(s) shall submit a common signage plan for review by the Technical Review Committee and Planning Board, as applicable, in accordance with current Town standards to which all signs on the building or within the shopping center will conform. The plan must be approved by and on file with the Planning Board prior to or in concert with review and approval of individual signage for each establishment or activity on the building or within the shopping center.
• E. The common signage plan shall display harmony and consistency with regard to placement of signs, materials, and type of lighting.
• F. It shall be the responsibility of the property owner to inform its tenants of this requirement and to furnish each tenant with a copy of the approved signage plan for their center.
• G. Signage proposed for individual commercial units on sites subject to the common signage plan requirements that lack a required common signage plan, per § 185-90A, shall be reviewed by the Technical Review Committee, with approval subject to a positive finding that the proposed signage is consistent in terms of placement, materials and type of illumination with existing business signs at the site.
• H. Requirements of a common signage plan application are as follows:
  • (1) Submittal Requirements.
    • (a) Site plan of entire zoning lot.
    • (b) Dimensional information and spreadsheet for signage for all tenant spaces.
    • (c) Digital files: provide all images, plans and documents, including placement on building elevation.
  • (2) Project Information.
    • (a) Overview: theme, concept, style and color palette.
    • (b) Number, location and size of signs: allocation of sign area (square footage) for each tenant based on standards within this article; maximum and minimum sizes of signs.
    • (c) Lighting: type, hardware/fixtures.
  • (3) Ground signs: site plan or aerial showing location, sight distance triangles, property boundaries and setbacks, sidewalks, buildings, parking areas and streets.

All new and replacement signs subject to this chapter shall also conform to such sign design standards as may be adopted from time to time by the Barrington Town Council under Article XXIV of this chapter relating to design review of commercial and industrial signage. These standards may vary according to the zoning district in which the proposed sign is located. In the absence of such specific standards, the general standards of § 185-89 shall apply.

• A. Signs may be illuminated externally by a stationary light of white or off-white color. The light illuminating any sign shall be so shaded, shielded or directed, or shall be so maintained at a sufficiently low level of intensity and brightness, that it will not adversely affect neighboring premises, nor the safe vision of operators of vehicles moving on public roads and highways. Such light shall be so shaded, shielded or directed that it does not reflect or shine on or into residential structures to an extent that would adversely affect the residents therein.
• B. Signs consisting of individually mounted opaque lettering and logos may be back-lit, subject to approval by the Technical Review Committee.
• C. No awning may be internally illuminated.

Any person desiring and intending to erect, relocate or alter any sign within the Town of Barrington, except permanent and temporary window signs (§ 185-97E and F) and those exempted under § 185-100 hereof, shall first apply for and obtain a sign permit from the Building Official. The application for a sign permit shall be made upon forms provided by the Building Official and shall contain or have attached the following information:

• A. The name, address and telephone number of the applicant.
• B. The location of premises on which or to which the sign is proposed to be erected or attached.
• C. The position of the sign, indicating its relation to its premises and adjoining premises.
• D. Sign details which include the following:
  • (1) A scaled drawing of each face of the proposed sign with all sign specifications, including size, material, color, lettering type and size, logo and type of mounting and building placement; a description of the materials to be used for the sign and frame; and wall anchorage details for all wall-mounted signs. (Note: Anchorage must be interior to the sign and camouflaged.)
  • (2) An elevation drawn to scale of the entire wall of the building to which the sign is to be fixed correctly locating the sign, for all wall-mounted signs.
  • (3) An eight-inch-by-ten-inch color photograph (or color copy) of the existing building and/or site where the sign is to be located.
• E. The name of the person performing the work.
• F. Written consent of the owner and lessor of the premises.
• G. The electrical permit, if required.
• H. An application fee in accordance with the Town's Fee and Fine Schedule.

  Editor's Note: See Ch. A225, Fee and Fine Schedule.

• A. It shall be the duty of the Administrative Officer, upon the filing of a completed application for a sign permit, to examine such plans and specifications and other data and the premises upon which the sign is to be located.
• B. Except for those applications described in § 185-94D, when the sign permit application relates to the installation of new signage or the replacement of existing signage and is in compliance with the requirements of the Zoning Ordinance, the Administrative Officer shall approve the application and notify the Building Official of the approval within 10 business days of receipt of a complete sign application.
• C. Signs that are found by the Administrative Officer to be consistent with an approved common signage plan (§ 185-90) shall not require TRC review. Copies of all submitted supporting material shall be retained by the Administrative Officer as Town records. The denial of a sign permit application by the Administrative Officer may be appealed to the Zoning Board in accordance with § 185-58.
• D. The Administrative Officer shall refer the following applications for review by the TRC:
  • (1) Proposals to add more than one sign for one establishment as permitted under § 185-97A, B and C;
  • (2) A new or replacement directory sign per § 185-97D; and
  • (3) Proposals that require relief from the provisions of the Zoning Ordinance.
• E. The TRC shall review a sign permit application referred by the Administrative Officer within a reasonable time and render a determination with regard to consistency of the application with the intent and purposes of this article (§ 185-88) and the general sign standards (§ 185-89).
• F. If an application does not require relief from the Zoning Board, the TRC shall either approve the application, with or without conditions, or deny the application. The TRC's decision on the application shall be binding on the applicant; provided, however, that the denial of a sign permit application by the TRC may be appealed to the Zoning Board in accordance with § 185-58. Upon approval by the TRC the Building Official shall issue the sign permit.
• G. Notwithstanding the foregoing provisions, when an application for a sign permit also requires relief from the Zoning Board of Review, a decision of the TRC shall be required prior to consideration by the Zoning Board and shall be advisory only to the Zoning Board. Relief from the Zoning Board of Review, when applicable, is required prior to the issuance of any sign permit by the Building Official.
• H. A sign permit shall expire 12 months from the date of issue unless the applicant exercises the permission granted, commences substantial construction and diligently completes same. The TRC or the Zoning Board, as applicable, may, upon written request and for good cause shown, grant one additional six-month extension.

Each application for each sign permit shall be accompanied by a filing fee, and such other fees, as shall from time to time be established by the Town Council.

Editor's Note: See Ch. A225, Fee and Fine Schedule.

Within the Open Space-Passive Recreation (OS-P) and the Open Space-Active Recreation (OS-A) Districts, within the Residence (R-40, R-25 and R-10) Districts, and within the Recreation and Education (RE) District, except as otherwise provided herein, only the following signs shall be permitted:

• A. On premises used for residential purposes, a sign or signs identifying the resident or the street address, or both, provided that no such sign shall have an area of more than two square feet, nor shall the total area of two or more such signs exceed three square feet.
• B. On premises used for residential purposes which also contain a professional home office, in addition to the sign or signs permitted for residential purposes, one professional announcement sign, the area of said sign not to exceed two square feet.
• C. On premises used for church, school, day care center, hospital, library, museum or other charitable purposes allowed by this chapter, in addition to the sign or signs permitted for residential purposes, one sign referring to the premises upon which it is located or displayed, or to the activities carried on therein, not to exceed 25 square feet in area, whether affixed to a structure or freestanding.
• D. On premises used for club, fraternal, recreation, athletic or social purposes and maintained by a membership organization, one sign indicating only the name or occupancy or use, or any of the foregoing, not to exceed six square feet in area.

Within the Neighborhood Business (NB), Residence-Business Flex (RBF), Business (B), Waterfront Business (WB) and Limited Manufacturing (LM) Districts, only the following signs shall be permitted:

• A. Flush wall sign.
  • (1) Building or structure occupied by a single business establishment or activity.
    • (a) One flush wall sign with a sign area of up to 3% of the building facade area (BFA) or 20 square feet, whichever is greater, not to exceed 32 square feet.
    • (b) The sign shall be located on the entrance facade of the business establishment or activity.
    • (c) The content of such signs should be limited to only the address, the name of the business, a business logo and/or product or service information.
  • (2) Building housing more than a single business establishment or activity.
    • (a) One flush wall sign with a sign area of up to 3% of the building facade area (BFA) or 20 square feet, whichever is greater, not to exceed 32 square feet, for the entrance facade of each business establishment or activity.
    • (b) All such signs shall be of harmony and consistency with regard to placement of signs, materials, and type of lighting.
    • (c) Businesses are strongly encouraged to limit the content of their signs to the address, the name of the business, a business logo and/or product or service information.
    • (d) Whenever possible, such signs shall be located above the doorway but below the building cornice or roofline. When there is insufficient space over the doorway for such signs, the signs may be located at the side of the doorway, preferably on the left.
  • (3) Buildings with a public entrance and parking in the rear, as well as the front facade of the building.
    • (a) A second sign not exceeding 15 square feet may be placed over the rear entrance to the building.
    • (b) Whenever possible, all such signs shall be located above the doorway but below the building cornice or roofline. When there is insufficient space above the doorway for such signs, the signs may be located to the side of the doorway, preferably on the left.
    • (c) Businesses are strongly encouraged to limit the content of their signs to only the address, the name of the business, a business logo and/or product or service information.
  • (4) For single-occupant buildings with frontage on two or more public streets.
    • (a) One wall sign per street frontage is permitted, not to exceed two wall signs. The maximum sign area of the wall sign on the main entrance facade is limited to 3% of the building facade area (BFA) or 20 square feet, whichever is greater, not to exceed 32 square feet. The second wall sign shall not exceed 20 square feet in sign area.
  • (5) Stores located in a shopping center that are more than 500 feet from a state highway and located parallel to a state highway.
    • (a) There may be one flush wall sign for each use, not to exceed one square foot for each linear foot of the front wall of the portion of the building containing the use, and on which the sign is located, not to exceed 75 square feet.
  • (6) For establishments that also have a projecting sign or freestanding sign, the maximum flush-wall sign area shall be 20 square feet.
  • (7) One flush wall sign not exceeding four square feet in area identifying the location of parking for the business establishment or activity is permitted.
  • (8) All such flush wall signs shall not extend beyond the wall upon which they are mounted nor project more than one foot outward from the mounting wall. Where more than one sign is placed on a structure, such signs shall be of uniform shape and shall be affixed to the building in the same manner and at the same height above ground level.
• B. Projecting sign.
  • (1) One projecting sign not exceeding 16 square feet per side in area under the following conditions:
    • (a) The facade of the building to which the sign is attached shall be no more than 10 feet from the paved portion of any street or right-of-way used for travel purposes.
    • (b) The sign shall not project above the cornice line of the building. Projecting signs shall clear sidewalks and pedestrian and bicycle paths by a height of at least eight feet above finished grade and shall project no more than four feet from the building to which they are attached. The bottom of the sign shall not be more than 10 feet above ground level. In no case shall the sign present a hazard to pedestrian travel.
    • (c) Businesses shall limit the content of their signs to only the building's street number, the name of the business, a business logo and/or product or service information.
    • (d) There is no equivalent flush wall-mounted sign for the business establishment or activity larger than 20 square feet in sign area.
    • (e) No projecting sign shall be permitted on the same zoning lot street frontage along which there is a freestanding sign.
    • (f) Projecting signs shall not be located at the intersection of building corners except at right angles to a building facade.
    • (g) Projecting signs shall be centered over or located near the principal doorway to the building.
    • (h) Projecting signs shall not overhang into any roadway.
  • (2) One such projecting sign may be permitted for each business establishment or activity in a building or structure housing more than a single business establishment or activity. All such signs shall be of harmony and consistency with regard to placement of signs, materials, and type of lighting.
  • (3) Businesses shall limit the content of their signs to only the street number, the name of the business, a business logo and/or product or service information.
  • (4) For businesses providing hair-cutting services, one striped red and white pole (customarily referred to as a "barber pole") shall be permitted. In no case shall the pole present a hazard to pedestrian travel. It shall be located to the side of the doorway, preferably on the left, and shall protrude less than one foot from the building and be no more than eight feet from the ground to the top.
• C. Freestanding sign.
  • (1) The zoning lot on which a freestanding sign is located shall be accessible by automobile and contain off-street parking for the principal use(s).
  • (2) One freestanding sign for an individual business establishment or activity subject to the prohibitions in § 185-98, provided that the buildings or structures housing the principal use(s) on a zoning lot on which a freestanding sign is located are set back at least 10 feet from the abutting street right-of-way. Such sign shall be in compliance with the following additional conditions:
    • (a) The total area shall not exceed 25 square feet, except that when the total gross floor area (GFA) of the individual business use associated with the sign exceeds 5,000 square feet, the total area of the sign shall not exceed 32 square feet.
    • (b) No such sign shall exceed seven feet in height from ground level to the top of the sign.
    • (c) No such sign shall be located closer than four feet to any street right-of-way, which, absent a survey, is assumed to be the back edge of a sidewalk along a public street, within four feet of any side property line or within 50 feet of any dwelling on an adjacent lot, nor shall it obstruct driver visibility.
    • (d) Businesses shall limit the content of their signs to only the building's street number, the name of the business, a business logo, the name of the building and/or product or service information.
    • (e) There is no equivalent projecting sign for the business establishment or activity.
  • (3) Whenever possible and without obstructing driver visibility, freestanding signs shall be incorporated in a hedge or landscaping feature.
  • (4) No freestanding sign shall be permitted for an individual business located in a multitenant building or in a multibusiness shopping center, provided that one such sign may be permitted for the building or shopping center to provide joint identification of the occupant business enterprises and the name of the center. (See Subsection D below.)
• D. Directory sign.
  • (1) One flush wall-mounted or freestanding directory sign for any building or structure housing more than one business establishment or activity having a common public access, under the following conditions:
    • (a) The total area of the directory sign shall not exceed 25 square feet, except under the provisions of Subsection D(2) below.
    • (b) Each sign panel for individual businesses shall contain only the address, the name of the tenant businesses and/or business logos; the color of the panel and text shall be consistent for the individual panels in the directory sign
  • (2) For shopping centers or for parcels used for more than one business or manufacturing activity, directory signs shall conform to the following regulations:

    [Amended 9-11-2017 by Ord. No. 2017-13]

    Zoning District	GFA of Shopping Center (square feet)	Maximum Area of Directory Sign (square feet)	Maximum Height of Freestanding Sign (feet)*
    NB, RBF	All GFA	25	7
    B, WB, LM	Less than 7,000	25	7
    B, WB, LM	7,000 or more	32	8

    *NOTE: Directory signs not exceeding four feet in height are preferred.

  • (3) No such sign shall be located closer than four feet to any street right-of-way or back edge of a sidewalk or within 50 feet of any dwelling located on an adjacent lot, nor shall it obstruct driver visibility.
  • (4) Whenever possible and without obstructing driver visibility, freestanding directory signs shall be located to the left of the entrance to parking for the building or structure and incorporated in any hedge or landscaping feature.
• E. Window sign. Permanent window signs indicating the name and/or logo of the business, the nature of the business, the hours and days of business, the credit cards honored and/or other information related to the business establishment or activity may be painted on or affixed to the inside of windows located on the entrance facade of the business. Temporary window signs may be affixed to the inside of the windows of a business establishment or activity to advertise specific goods, services or sales. Window signs shall not cover more than 40% of the total area of any one window.

  [Amended 2-6-2023 by Ord. No. 2022-23]

• F. (Reserved)

  Editor's Note: Former Subsection F, which regulated temporary window signs, was repealed 2-6-2023 by Ord. No. 2022-23. For current provisions, see Subsection E.

• G. Awnings shall be of traditional angular, rather than rounded, design and shall be constructed of canvas or canvas-like material only. Awning signs shall include only the address, the name of the business and/or a business logo, not to exceed 15 square feet of the awning area.

Any sign not specifically permitted or exempted under this article is prohibited. In addition, the following are specific prohibited signs and actions:

• A. Any sign relating to a use, commodity or service not located or offered on the premises, including billboards.
• B. Any sign affixed to or forming part of a roof of any building or structure, or affixed to or forming any part of any cupola, tower, spire, chimney or other object or structure located on or above the roof of any building.
• C. Any sign erected at or near the intersection of any two streets, or of any street and driveway, in such a manner as to obstruct free and clear vision; or erected at any location where, by reason of position, shape, color, illumination or wording, it may interfere with, obstruct the view of or be confused with any authorized traffic control sign, signal or device; or otherwise constitute a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.
• D. Any exposed or neon tube sign on the outside of a building or visible through a window is prohibited.
• E. The use of flashing or moving light or fluorescent print on any sign. This includes lights designed to attract attention by a change in light intensity or repeated motion, and includes, without limitation, time-temperature indicators.
• F. All mechanical moving or rotating signs, including those with streamers, pennants, banners, spinners, ribbons and strings of light bulbs, and other similar signs.
• G. Any sign not repaired or properly maintained within 60 days after the notice to that effect has been given by the Building Official; such sign shall be removed forthwith by the owner.
• H. Mobile or portable signs mounted on a trailer or other portable base.
• I. Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. No such sign shall remain in place in or on vacated premises for more than 90 days from the date the vacancy commenced.
• J. Signs illuminated externally by other than a stationary white or off-white steady light. No sign shall be illuminated after 11:00 p.m. local time or after the closing time of the identified business or activity, whichever is later.
• K. Signs which are pasted on or attached to utility poles, trees, fences or structures such as overpasses and bridges.
• L. Signs posted or attached to other signs, unless such subsidiary portions are an integral part of the total sign design.
• M. Inflatable devices, such as, but not limited to, inflatable animals, characters, or large balloons, shall not be allowed in the Business, Neighborhood Business or Residence-Business Flex zone.

  [Amended 9-11-2017 by Ord. No. 2017-13[

• N. Licensed vehicles used on a daily basis as part of a business operation for the transport of goods or the delivery of services may display signs which relate to that business. Parked vehicles are prohibited from being used as signs (i.e., placement of the vehicles so as to draw attention to the business) or from being used to support signs.
• O. Internally illuminated signs.

• A. The provisions and regulations of this article requiring a sign permit shall not apply to the following signs; provided, however, that said signs remain subject to the provisions of § 185-100:
  • (1) A bulletin board for public, charitable or religious institutions when located upon the premises of said institutions, not to exceed 10 square feet in area.
  • (2) A memorial sign or tablet, or a sign indicating the name of a building or the date of its erection, when cut into any masonry surface or when constructed of bronze or other incombustible material.
  • (3) The following signs, customary and necessary to the operation of filling and service stations:
    • (a) Lettering on buildings displayed over individual entrance doors consisting of the words "repairing," "lubrication," "washing" or words of similar import, provided that there shall be not more than one such sign over each entrance, and that the letters not exceed 10 inches in height.
    • (b) Lettering or other insignia which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law.
    • (c) A credit card sign affixed to the building or permanent sign structure of the sign next referred to, not to exceed two square feet in area.
    • (d) One sign bearing the brand or trade name of the station of a design specified by the manufacturer, permanently affixed to the building or freestanding, not to exceed 25 square feet in area and five feet in height overall and incorporated in any hedge or landscaping feature whenever possible. Such signs shall be constructed of wood or metal and shall be externally illuminated with white or off-white lighting.
    • (e) A sign attached to each gas pump with the price of the product, as required by law.
  • (4) Holiday decorations and lights in season.
  • (5) Signs of every kind and nature erected by or on behalf of the United States of America, the State of Rhode Island and the Town of Barrington, relating to governmental regulatory activities or governmental activities conducted on the premises on which such sign is located, and including traffic controls, railroad crossing signs and legal notices and other such signs required by law.
  • (6) Signs customary and necessary in the offering of real estate for sale or lease by the owner thereof, or their real estate agent or broker, in residence and open space districts, not to exceed six square feet in area.
  • (7) Signs customary and necessary in the offering of real estate for sale or lease by the owner thereof, or their real estate agent or broker, in business and manufacturing districts, not to exceed 20 square feet in area.
  • (8) Signs customarily used to indicate that real estate offered for sale or lease has been sold or leased by the real estate agent or broker concerned, in residence and open space districts, not to exceed three square feet in area and not to be maintained more than two weeks after the initial erection thereof.
  • (9) Signs customarily used to indicate that real estate offered for sale or lease has been sold or leased by the real estate agent or broker concerned, in business and manufacturing districts, not to exceed 20 square feet in area and not to be maintained more than two weeks after the initial erection.
  • (10) Signs identifying the contractor, builder, painter, architect or other person currently performing work on a structure, such sign to be removed by such person upon completion of the services being performed with respect to such structure, not to exceed six square feet in area.
  • (11) The interior contents of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus, the Booster Board and the like.
  • (12) All flags.
  • (13) The Barrington Booster Club Board.
  • (14) Directional signs that provide driving directions for vehicular, bicycle and pedestrian circulation; however, only one entrance/exit sign is allowed per legal driveway and a directional sign may not exceed four square feet nor block the sight lines of drivers entering or exiting the property. Directional signs shall not include commercial logos; however, the background of these signs may be of a color that is consistent with the logo of the business on the site.
• B. All signs referred to in this section may be attached to the premises or freestanding and subject to the limitations in § 185-97C.

• A. The following restrictions on temporary event signs shall apply:
  • (1) No temporary sign in excess of the maximum size limitations set forth below shall be permitted. All such signs must be at least eight feet from the inner sidewalk line and, if there is no sidewalk, at least 20 feet from the street line. The maximum size limitations of temporary signs are as follows:
    • (a) On premises in all residence and open space districts used for residential purposes: six square feet.
    • (b) On premises in all residence and open space districts used for club, fraternal, recreation, athletic or social purposes, and maintained by a membership organization: 15 square feet.
    • (c) On premises in all residence and open space districts used for church, hospital, library, museum or other charitable purposes allowed by this chapter: 15 square feet.
    • (d) On premises in all business districts and the limited manufacturing districts: 20 square feet; except, however, that any such temporary freestanding sign or temporary banner or pennant shall be allowed only as a special use under the provisions of Article XIV.
  • (2) No temporary sign shall extend into, over or across any public roadway or in any way obstruct access or visibility of roadway traffic unless an exemption is obtained from the Town Council. Such exemption shall state the duration and any other restrictions imposed by the Town Council.
  • (3) No temporary sign shall be erected more than six weeks before the work, event, sale or occurrence to which it refers is scheduled to take place.
  • (4) No temporary sign shall remain posted more than four days after the work, event, sale or occurrence to which it refers has taken place.
• B. The Building Official for the Town of Barrington is authorized to request the removal of any temporary sign in violation of the provisions of this chapter and has the authority to enforce such request for removal.

• A. A-Frame signs may be placed on sidewalks in the public right-of-way and on sidewalks on private property in front of commercial establishments in B, NB, RBF and WB zones, subject to the issuance of a temporary permit from the Building Official and compliance with the following requirements:
  • (1) Dimensions.
    • (a) Height minimum and maximum: 28 inches/42 inches.
    • (b) Minimum width: 18 inches; maximum width: 24 inches.
  • (2) Content. Content shall be limited to information/advertising for business; no endorsement or logos for any other business are permitted.
  • (3) Locking arm shall be required for stabilization.
  • (4) The sign shall meet wind/safety standards.
  • (5) Display of such signs shall be limited to only during operating hours of business.
  • (6) Materials. Unadorned wood-frame A-frame signs with chalkboard or slate sign panels, with handwritten messaging in chalk, are permitted. Signs constructed of other materials, including but not limited to plastic or metal, are not permitted.
  • (7) Signs shall not be adorned with balloons, pennants, decorative bulbs, or any other feature that is not part of a frame authorized through the approval process.
  • (8) Location:
    • (a) Located in front of the business and within 15 feet of the main entrance to the establishment.
    • (b) A minimum sidewalk clearance of four feet between the sign and the curb or sidewalk edge at the street or parking lot shall be maintained at all times.
    • (c) Businesses with street-level public access: place sign within tenant frontage of business.
    • (d) Multitenant developments: a limit of one A-frame sign per each common exterior public business entrance.
    • (e) Minimum of 15 feet linear feet of spacing from other A-frame signs.
    • (f) The sign shall not obstruct pedestrian and wheelchair access from the sidewalk to any of the following:
      • [1] Transit stop areas;
      • [2] Designated disabled parking spaces;
      • [3] Disabled access ramps; or
      • [4] Building exits, including fire escapes.
  • (9) No internal illumination.
  • (10) Temporary permit shall be valid for 6 months; renewal valid for an additional six months, for a total of one year, whereby application for a new temporary permit shall be required.
  • (11) Sign permit stick shall be affixed to the sign (on the inside of the sign, not visible from the outside).
  • (12) The Town may require temporary removal during special events.
  • (13) For signs located on sidewalks in the public right-of-way, the applicant shall submit to the Building Official proof of a minimum of $1,000,000 in liability insurance naming the Town of Barrington as additional insured.

• A. No sign, whether previously constructed by virtue of a sign permit or considered a legal nonconforming use, shall be altered in any manner or include changes in graphics, lettering, color, brackets or posts without obtaining a sign permit as outlined in § 185-93. Directory sign alterations may be made without application, provided that these changes are in keeping with the directory design and graphics.
• B. No sign, whether previously constructed by virtue of a sign permit or considered a legal nonconforming use, shall be relocated, moved on the same building or moved to another site without obtaining a sign permit as outlined in § 185-93.

The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in Article XIII.

• A. Any sign in existence on the effective date of this chapter which was constructed in accordance with the applicable regulations in effect on the date of its construction, but which by reason of its size, height, location, design, construction or other factors is not in conformance with the provisions of this article, shall be considered to be a lawful nonconforming sign. The following regulations regarding nonconforming signs shall apply:
  • (1) Each nonconforming sign and sign structure shall be allowed to be displayed for a period of time that provides a reasonable opportunity for the owner to benefit from the investment made in the sign. This period shall be seven years from the effective date of this chapter. After this time has expired, nonconforming signs and sign structures shall be removed or otherwise brought into conformance with the provisions of this article. Any nonconforming signs not removed or brought into compliance within this period shall be deemed a public nuisance, and may be removed or altered to comply by the Building Official at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected.
  • (2) If any existing nonconforming sign is abandoned, demolished or replaced in any manner by the voluntary action of the owner or other authorized parties or governmental agency within this seven-year period, such sign shall not be rebuilt or replaced except in a manner conforming to all applicable provisions of this article.
  • (3) A nonconforming sign which is destroyed or damaged by any casualty within this seven-year period may be restored within six months after such destruction or damage only after the owner has demonstrated that the damage does not exceed 50% of the appraised value of the sign. If such sign is destroyed or damaged to an extent exceeding 50%, it shall be removed and not be rebuilt or replaced except in a manner conforming to all applicable provisions of this article.
• B. The provisions of this article shall not apply to signs granted relief from the standards of this article through the issuance of a special use permit, under the provisions of Article XIV as provided in § 185-102 above, provided that such special use permit is issued after the effective date of this chapter.

• A. If the Building Official shall find that any sign is unsafe or insecure, is a menace to the public or has been abandoned, they shall give written notice to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. A sign shall be considered to be abandoned if it contains information that is no longer descriptive of the business or use of the building or land to which it is associated, or is unused, and has met either of these conditions for a period of 90 days or more.
• B. If such owner, agent or person fails to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the Building Official at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. The Building Official may cause any sign or advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

This article shall be administered and enforced by the Building Official of the Town of Barrington, with § 185-44 of this chapter being fully applicable to all penalties for violations.

[Amended 12-6-2021 by Ord. No. 2021-22]

• A. License required. Public sidewalks or other areas within public rights-of-way: Business establishments may make application to the Town Council for an annual license or a temporary day or week license, to use public sidewalks or other areas within a public right-of-way abutting their establishments for outside dining or sales.
• B. Application required. Outside dining or sales areas within private property: Business establishments may make application to the Town Manager, subject to review by the Zoning Enforcement Officer, Police Chief and Fire Chief, for an annual permit to utilize space on their premises for outside dining or sales.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• C. Each application shall contain:
  • (1) The name, address and owner of the business making application.
  • (2) The name, address and owner of the real estate wherein the business is located.
  • (3) For a license to use a public sidewalk or public right-of-way, the applicant shall:
    • (a) Provide a line drawing or plot plan showing which locates exits and entrances, sidewalks and curbs, parking areas, landscaping, lighting and the placement of tables, chairs, litter barrels, awnings, outdoor heaters and screening materials.
    • (b) Furnish proof of liability insurance from a company licensed to do business in the state and in a form satisfactory to the Town Solicitor, of no less than $1,000,000 protecting the Town for all claims and causes of action for personal injury or property damage resulting from use of this license.
    • (c) In addition, the applicant shall obtain and file with the application a covering letter of approval from the Chief of Police.
  • (4) For a permit to use private property for an outside dining or other business activity, the applicant shall:
    • (a) Letter from property owner approving the proposed outside activity.
    • (b) An affidavit indemnifying the Town of Barrington from all liability related to the outside activity.
  • (5) Applicants shall pay a fee for such license or permit as set forth in the Fee and Fine Schedule (Chapter A225 of the Town Code of Ordinances).
• D. Displays of merchandise for sale. Any person displaying merchandise for sale on any public right-of-way or public sidewalk is subject to the following provisions:
  • (1) A merchant shall be allowed to display goods, wares and merchandise on the sidewalk in front of a retail store in the following manner:
    • (a) No more than 50% of the linear feet in front of the store shall be used for display purposes.
    • (b) The display area shall be no more than 36 inches from the outside wall of the retail store.
    • (c) The goods, wares or merchandise in the display area shall not exceed a height of six feet.
    • (d) Any retail store located on or at an intersection of two or more streets shall not display any goods, wares, or merchandise in such a manner that will obstruct the vision of any operator of a motor vehicle, pedestrian, or bicycle on or approaching said intersection.
    • (e) Regardless of any other conditions, a thirty-six-inch public right-of-way shall be maintained at all times on public sidewalks and thoroughfares.
    • (f) All display merchandise on a sidewalk must be removed during such times as commercial promotional events or public celebrations are to take place in an area where a license holder conducts their business.
• E. Outside dining. Requirements for outside dining are as follows:
  • (1) Regardless of any other conditions, a thirty-six-inch public right-of-way shall be maintained at all times on public sidewalks or sidewalks located on private property.
  • (2) Outdoor seating or display shall not block handicapped or pedestrian access.
  • (3) Outdoor sidewalk seating areas shall be distinguished from parking areas by solid, uninterrupted concrete or granite curbs and landscaping which physically separates the outdoor seating area from parking.
  • (4) Outdoor seating areas utilizing parking spaces or other areas within a commercial property shall be within an area with barriers that provide adequate protection from passing vehicles, subject to approval by the Zoning Official and Police Chief.
  • (5) The outdoor seating area shall be screened from parking, sidewalks and/or street by a landscaping strip, plants or fencing at three feet to six feet in height. All such screening materials must be secured so as not to create a hazard.
  • (6) There shall be at least one parking space for each four seats beyond the parking spaces required for the indoor seating.
  • (7) There shall be at least one readily visible container for litter and one readily visible container for recycling for each approved outside dining area.
• F. Use of outdoor seating areas. The following requirements and restrictions shall apply to the use of all outdoor seating areas:
  • (1) Employees will clear tables and monitor adjacent areas for litter on a regular schedule.
  • (2) Hours of operation will be limited to the periods from 9:00 a.m. until 10:00 p.m., Monday through Saturday, and from 11:00 a.m. until 10:00 p.m. on Sunday.
  • (3) All lighting shall be focused directly onto the seating area and away from abutting properties.
  • (4) No music or entertainment, live or transmitted, shall be permitted, unless required permits are approved by the Town Council.
• G. Additional rules and restrictions.
  • (1) All tables, chairs, racks and merchandise must be removed from public sidewalks or rights of way whenever the business is closed.
  • (2) Absolutely no alcoholic beverages are to be served on public sidewalks at any time.
  • (3) The entire sidewalk area in front of a business establishment shall be kept at all times neat, clean and with debris immediately removed so as not to cause a hazard or annoyance to pedestrians.
• H. Revocation of license and penalty for violations. Any infraction of this section will be grounds for immediate revocation of this license or outside business activity permit. For such cause and subject to later review by the Town Council, the Town Administrator may revoke or modify any sidewalk license or outside business activity permit at any time. In addition, the Town Council may at any time revoke or modify a sidewalk license without cause. Individuals or businesses found in violation of the provisions of this section are also subject to a fine not to exceed $50 for the first offense, a fine not to exceed $100 for the second and subsequent offenses in addition to any other fine assessed pursuant to this Code.

In accepting an application for a special use permit for the initiation of a manufacturing use in a Limited Manufacturing District as provided in § 185-8N, the Zoning Board of Review will require the submission of affidavits or other supportive evidence that the applicant will observe appropriate standards of performance as set forth in this article. In granting such a special use permit, the Board will require that said standards be observed, and any noncompliance with these standards will be considered a violation of this chapter as set forth in § 185-44. Moreover, these standards shall apply to any manufacturing or business use taking place in any district.

Smoke and other airborne emissions of manufacturing or business enterprises shall conform to the standards of the Air Pollution Control Regulations of the Rhode Island Department of Environmental Management, issued under the authority of Chapter 23-25 of the General Laws of Rhode Island, 1956, as amended. Said regulations are hereby incorporated as part of this chapter.

All manufacturing or business enterprises shall be connected to the sewer system of the Town of Barrington, and no discharge of liquid waste other than surface water runoff shall be permitted into any septic tank, leach field, stream, wetland or other water body. The Zoning Board of Review will require certification from the Department of Public Works of the Town of Barrington that the liquid waste discharged by any manufacturing or business enterprise conforms to the standards set by the Town of Barrington. If deemed necessary by the Department of Public Works, the Zoning Board of Review may require the pretreatment of liquid waste prior to discharge into the sewer system, or may require that such liquid waste be transported to a suitable treatment or disposal facility in a manner conforming to all applicable federal and state regulations.

No manufacturing or business enterprise shall cause radiation emission which exceeds the safe limits established in the regulations of the United States Nuclear Regulatory Commission, or any other agency of competent jurisdiction. This limit shall apply to emissions from radioactive materials and waste, electromagnetic radiation, x-ray radiation, microwave radiation and other forms of radiation presenting a potential hazard to employees and abutters of the manufacturing or business enterprise.

No manufacturing or business enterprise shall emit heat and/or glare, other than that associated with illumination, which can be recorded at the property line of the manufacturing use. Any exterior illumination of the building or site shall be oriented so that it reflects light away from any public street or Residence District.

No manufacturing or business enterprise shall generate vibration which is discernible to the human sense of feeling at the property line of the use for a cumulative total of three minutes or more duration in any single hour between 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration between 7:00 p.m. and 7:00 a.m. No vibration shall produce an acceleration of more than 0.1 g or result in a combination of amplitudes and frequencies beyond the safe range of Table 7, U.S. Bureau of Mines Bulletin 442. The methods and equations of said Bulletin 442 shall be used in enforcing this regulation.

No manufacturing or business enterprise shall emit noise which, at the nearest Residence District boundary, is objectionable due to beat frequency, shrillness or intermittence. Measurement of noise shall be made at said Residence District boundary line by use of an octave band analyzer calibrated in the preferred frequencies (American Standards Association s1 6-190, Preferred Frequencies for Acoustical Measurement).

• A. The maximum permissible sound levels measured between 7:00 a.m. and 7:00 p.m. by this method shall be as follows:

  Octave Band Center Frequency Cycles Per Second	Maximum Permitted Sound Pressure in Decibels
  31.5	68
  63	67
  125	66
  250	59
  500	52
  1,000	46
  2,000	37
  4,000	26
  8,000	17

• B. Between the hours of 7:00 p.m. and 7:00 a.m., these values shall each be reduced by five decibels.

• A. A single-family cluster residential district may be established from time to time within the Residence 40 (R-40) and Residence 25 (R-25) Districts to conform to the general pattern of land use established in the Barrington Comprehensive Plan and to further the purposes set forth in § 185-3 of this chapter. Such districts are designed to:

  [Amended 12-4-2023 by Ord. No. 2023-12]

  • (1) Encourage the development of harmonious, efficient and convenient living environments for detached single-family residences.
  • (2) Promote variety in density and site design.
  • (3) Encourage the protection and preservation of natural land features.
  • (4) Facilitate the economical provision of necessary community services, recreation and open space.
• B. A single-family cluster residential district may be established by action of the Town Council under the procedures set forth in Article XI for amendment of this chapter and the Zoning Map. Such a district shall be designated as a "Residence 40 Cluster District" (R-40C) when created in a Residence 40 District, and a "Residence 25 Cluster District" (R-25C) when created in a Residence 25 District. These cluster districts will henceforth be referred to as R-40C and R-25C Districts in this article.

The uses of land permitted in R-40C and R-25C Districts shall be those shown as permitted uses in Article IV of this chapter in the R-40 and R-25 Districts, respectively. In addition, the following requirements shall be met:

• A. The area for any site proposed for an R-40C District must exceed 10 acres, and for an R-25C District must exceed seven acres.
• B. In each case the site proposed for a cluster development shall be in an undivided ownership by one person, a corporation or several persons, or under a group of owners acting jointly to seek approval.
• C. In any R-40C and R-25C District, all dwelling and other permitted uses shall be connected to the sewer system of the Town of Barrington and to the water supply system of the Bristol County Water Company, or the successor thereto.

Any applicant wishing to establish a single-family residential cluster district shall submit 12 copies of the proposed development site plan and accompanying documents as provided in this section (hereinafter referred to as the "site plan") to the Town Council, together with an application to amend the Zoning Map. The Town Council shall refer copies as needed of the site plan to the Barrington Planning Board for its review. The site plan shall be prepared by a registered professional engineer, registered land surveyor, registered architect or registered landscape architect and shall show the following:

• A. The proposed name of the development, its location by legal descriptions and the names and addresses of the applicant and designer of the plan.
• B. The plan at a scale of one inch equals 50 feet, the date, north arrow and contours at two-foot intervals.
• C. The boundary line of the development indicated by a solid line, and total acreage encompassed thereby, and section and municipal boundary lines within 200 feet of the development.
• D. Location, widths and names of all existing or prior platted streets, railroad and utility rights-of-way, and permanent easements; parks and other public open spaces; and permanent buildings and structures.
• E. Existing sewers, water mains, culverts and other underground facilities within the tract, indicating locations, grades, pipe sizes and maintenance holes.
• F. Location, arrangement and exterior dimensions, including height, of all proposed buildings, structures and signs.
• G. Location and dimensions of vehicular drives, entrances, exits and acceleration and deceleration lanes; and pedestrian entrances, exits and walkways.
• H. Location, arrangement and dimensions of automobile parking spaces, aisles and bays.
• I. Location and size of proposed water mains, fire hydrants, recreation facilities and other related improvements.
• J. A drainage plan and typical street cross sections.
• K. Location, height and materials of walls, fences, screen planting and ground cover; and location and types of exterior lighting.
• L. Existing and proposed finished grades.
• M. A plan showing the steps proposed to be taken to prevent soil erosion and stream sedimentation during and after construction.
• N. The stages, if any, to be followed in the construction of the development.
• O. A plan for the development of any contiguous land owned by the applicant and proposed for future development.
• P. Data as follows:
  • (1) The total number of dwellings proposed and the overall density.
  • (2) The percent of the total parcel to be devoted to streets and roadways.
  • (3) The percent of the total parcel to be allocated to open area, recreation and other common facilities.
  • (4) The percent of the total parcel to be covered by structures.
  • (5) The location of open area required hereunder, and a plan (with timetable) for the creation, ownership and maintenance of the open area.
• Q. A drawing or plan, designating those areas defined as freshwater wetlands pursuant to Chapter 2-1 of the General Laws of Rhode Island, 1956, as amended, and those areas within a coastal zone subject to jurisdiction of the Coastal Resources Management Council pursuant to Chapter 46-23 of the General Laws of Rhode Island, 1956, as amended.
• R. Any other data deemed necessary by the Town Council or the Planning Board.

Any applicant wishing to establish a single-family residential cluster district shall also submit the following:

• A. A certificate from the Tax Collector of the Town of Barrington that all taxes due on the land within the development have been paid for the five years preceding the date of filing, and that there are no outstanding liens on said land.
• B. Copies of any existing or proposed deed restrictions or covenant running with the land in the development, including any with respect to the open area, if any exist or are proposed.
• C. A description of any easements which exist and affect land within the development and an instrument conveying any easements to the Town of Barrington which may be required as conditions of approval of the proposed amendment.
• D. A written agreement or contract to be executed between the applicant and the Town of Barrington, submitted at least 10 days prior to the public hearing, stating:
  • (1) That in the event of failure of the owners, successors or assigns to maintain any common open area, recreation areas, landscape features or other required improvement not dedicated to the Town of Barrington, the Town may enter into said development and perform such necessary maintenance work and charge the cost, including attorneys' fees, to the owner, successors or assigns.
  • (2) That the owner or developer will construct the development and install improvements in accordance with the approved site plan.
  • (3) That this contract shall be binding upon the heirs, assigns, successors or receivers of the applicant and shall constitute a lien on the property in the development.
  • (4) Any other conditions required by the Town Council upon recommendation of the Barrington Planning Board.

• A. No petition for amendment of this chapter to create an R-40C or an R-25C District shall be heard by the Town Council until the site plan materials have been received and reviewed by the Barrington Planning Board, and the Planning Board has issued a report and recommendations thereon.
• B. Not more than 90 days after receipt of the site plan, the Planning Board shall determine whether the proposed development, in its opinion, satisfies the single-family cluster residential development standards and criteria of this article and shall notify the Town Council and the applicant, in writing. Planning Board action may constitute one of the following:
  • (1) Recommending approval of the site plan as submitted.
  • (2) Recommending approval of the site plan conditioned on changes as listed.
  • (3) Recommending disapproval of the site plan and the reasons therefor.
• C. In reviewing the site plan, the Planning Board may call upon other municipal or state agencies for assistance, data and recommendations.

• A. In the event that any application for a cluster development permitted by this article shall also constitute a subdivision within the meaning of the Planning Board regulations, as the same now exist or may hereafter be amended, the action required by the Planning Board under § 185-121 shall constitute preliminary subdivision approval or disapproval, with final subdivision approval being conditioned upon the Town Council having approved the application in the form approved by the Planning Board.
• B. In the event that the Planning Board shall refuse to give preliminary subdivision approval to such application, the applicant shall have all of the rights to appeal therefrom granted to it pursuant to Chapter 200, Subdivision of Land, and the General Laws of Rhode Island. While any such appeal is pending, the Town Council shall take no action on the application. In the event that the applicant shall fail to appeal the denial of preliminary subdivision approval, or if after such appeal the action of the Planning Board in denying the same shall be affirmed with no possibility of further appeal, the application to the Town Council shall be deemed automatically withdrawn, and the Council shall be required to take no further action thereon.

Following receipt of the report and recommendations from the Barrington Planning Board, the Town Council shall schedule a public hearing and proceed with the process prescribed in Article XI for amendment of this chapter and the Zoning Map to create a single-family cluster residential district.

• A. Notwithstanding the filing fee prescribed in Chapter 200, Subdivision of Land, the submission of a proposal for amendment of this chapter to create a single-family residential cluster district shall be accompanied by a filing fee in an amount prescribed from time to time by the Town Council. In addition thereto, the applicant, by filing a petition for amendment, shall agree to reimburse the Town for all costs incurred by the Town in the retention of experts or other nonmunicipal consultants necessary in the sole judgment of the Town acting through its Town Council and its Planning Board to adequately review the site plan.

  Editor's Note: See Ch. A225, Fee and Fine Schedule.

• B. Within 30 days of the receipt of any such application, the Town Manager shall notify the applicant, in writing, of the amount which they expect the Town will spend in the retention of experts or other nonmunicipal consultants to review the application. The applicant shall pay such sum to the Town of Barrington within 10 days of receipt of notice thereof. Failure by the applicant to make such payment shall constitute a withdrawal of the application. The Town shall account to the applicant for all sums expended and, in the event that the Town shall not spend the sum deposited by the applicant, shall rebate the unexpended amount to the applicant.
• C. The Town may, from time to time, modify the budget requirements and require the applicant to provide additional funds as a precondition to further action by the Town in review of the application.

The maximum number of dwellings to be permitted in an R-40C or R-25C District shall be computed by multiplying 1.1 times the number obtained by dividing the basic minimum lot size for the appropriate R-40 or R-25 District into the total land area of the proposed development parcel, in square feet, adjusted by deducting the area of environmentally sensitive property. This computation shall be as follows:

The following area and dimensional requirements shall apply to single-family residential cluster districts:

In any R-40C or R-25C District, at least 20% of the total proposed development parcel area, exclusive of all sensitive, fragile or environmentally significant areas (as designated by the Town Council), such as but not limited to wetlands, marshes and bodies of water, shall be set aside as open area. This open area shall conform to the following requirements:

• A. The open area may be in one or more parcels of a size, shape and location determined by the Barrington Planning Board to be appropriate for the intended use, and if deemed by the Council to be in the best interest of the Town.
• B. If, in the judgment of the Town Council, the goals and policies of the Comprehensive Plan call for Town acquisition of all or a portion of the proposed open area for future public use, the Council may require that said open area or portion thereof be conveyed to the Town of Barrington or its designee for that purpose.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• C. As an alternative, the proposed open area may be conveyed to a residents association or other nonprofit group which shall be responsible for the care of said open area and the operation of any approved facilities placed thereon. Under these conditions, the proposed open area shall be protected against future encroachment by the conveyance to the Town of Barrington, or its designee, of an open area easement over said open area restricting the area against any future building or use except where it is consistent with the original intent of preserving said space. Building or uses for noncommercial recreational or cultural purposes compatible with the objectives of the open area may be permitted as set forth in the site plan as approved by the Town Council.
• D. Accesses at least 20 feet in width shall be provided to each open area parcel from streets or drives within the development. The location and number of accesses shall be contained in the site plan approved by the Barrington Planning Board.
• E. Up to 20% of the open area may be devoted to paved uses or structures used to provide recreational or cultural facilities for the residents of the area, consistent with the site plan as approved by the Town Council.

• A. Unless otherwise approved by the Town Council, all streets in an R-40C and R-25C District shall conform to the requirements of Chapter 200, Subdivision of Land, for street construction and design. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction by the Barrington Planning Board.
• B. All other requirements of this chapter relating to off-street parking, signs and others shall be observed.

• A. An Elderly Housing District may be established from time to time within the Business or Limited Manufacturing Districts to provide alternate housing opportunities for elderly and handicapped residents within reasonable distance of such services as transportation, shopping, recreation and socialization. The establishment of this district furthers the purposes set forth in § 185-3 of this chapter and responds to a need of Barrington's aging population to remain in familiar, secure and independent surroundings even as their family and other personal circumstances change.
• B. An Elderly Housing District may be established by action of the Town Council under the procedures set forth in Article XI for amendment of this chapter and the Zoning Map. Such a district shall be designated as an Elderly Housing District (EH) when created in a Business or Limited Manufacturing District. These Elderly Housing Districts will henceforth be referred to as EH Districts in this article.

The uses of land permitted in an EH District shall be those shown as permitted uses in Article IV of this chapter. In addition, the following requirements shall be met:

• A. The minimum area for any site proposed for an EH District must be 100,000 square feet and must be under single ownership or under a group of owners acting jointly to seek approval.
• B. In any EH District, all dwelling and other permitted uses shall be connected to the sewer system of the Town of Barrington and to the water supply system of the Bristol County Water Authority, or the successor thereto.
• C. Each dwelling unit in an EH District shall contain no more than 1,250 square feet, must be handicapped-accessible, be designed and equipped with handicapped-accessible doorways and bathrooms, include a functioning emergency call system and have separate temperature controls. At least one occupant in each unit must be handicapped or 62 years of age or older.

  [Amended 7-25-1994]

Any applicant wishing to establish an Elderly Housing District shall submit 10 copies of the proposed development site plan and accompanying documents as provided in this section (hereinafter referred to as the "site plan") to the Town Council, together with an application to amend the Zoning Map. The Town Council shall refer copies as needed of the site plan to the Barrington Planning Board for its review. The site plan shall be prepared by a registered professional engineer, registered land surveyor, registered architect or registered landscape architect and shall show the following:

• A. The proposed name of the development, its location by legal descriptions and the names and addresses of the applicant and designer of the plan.
• B. The plan at a scale of one inch equals 50 feet, the date, north arrow and contours at two foot intervals.
• C. The boundary line of the development indicated by a solid line, and total acreage encompassed thereby, and section and municipal boundary lines within 200 feet of the development.
• D. Location, widths and names of all existing or prior platted streets, railroad and utility rights-of-way, and permanent easements; parks and other public open spaces; and permanent buildings and structures.
• E. Existing sewers, water mains, culverts and other underground facilities within the tract, indicating locations, grades, pipe sizes and maintenance holes.
• F. Location, arrangement and exterior dimensions, including height, of all proposed buildings, structures and signs.
• G. Location and dimensions of vehicular drives, entrances, exits and acceleration and deceleration lanes; and pedestrian entrances, exits and walkways.
• H. Location, arrangement and dimensions of automobile parking spaces, aisles and bays.
• I. Location and size of proposed water mains, fire hydrants, recreation facilities and other related improvements.
• J. A drainage plan and typical street cross sections.
• K. Location, height and materials of walls, fences, screen planting and ground cover; and location and types of exterior lighting.
• L. Existing and proposed finished grades.
• M. A plan showing the steps proposed to be taken to prevent soil erosion and stream sedimentation during and after construction.
• N. The stages, if any, to be followed in the construction of the development.
• O. A plan for the development of any contiguous land owned by the applicant and proposed for future development.
• P. Data as follows:
  • (1) The total number of dwellings proposed and the overall density.
  • (2) The percent of the total parcel to be devoted to streets and roadways.
  • (3) The percent of the total parcel to be allocated to open area, recreation and other common facilities.
  • (4) The percent of the total parcel to be covered by structures.
  • (5) The location of open area required hereunder, and a plan (with timetable) for the creation, ownership and maintenance of the open area.
• Q. A drawing or plan, designating those areas defined as freshwater wetlands pursuant to Chapter 2-1 of the General Laws of Rhode Island, 1956, as amended, and those areas within a coastal zone subject to jurisdiction of the Coastal Resources Management Council pursuant to Chapter 46-23 of the General Laws of Rhode Island, 1956, as amended.
• R. Any other data deemed necessary by the Town Council or the Planning Board.

Any applicant wishing to establish an EH District shall also submit the following:

• A. A certificate from the Tax Collector of the Town of Barrington that all taxes due on the land within the development have been paid for the five years preceding the date of filing and that there are no outstanding liens on said land.
• B. Copies of any existing or proposed deed restrictions or covenants running with the land in the development (including any with respect to the open area), if any exist or are proposed.
• C. A description of any easements which exist and affect land within the development and an instrument conveying any easements to the Town of Barrington which may be required as conditions of approval of the proposed amendment.

No petition for amendment of this chapter to create an EH District shall be heard or approved by the Town Council until site plan materials have been reviewed by the Barrington Planning Board, and the Planning Board has issued a report and recommendations thereon.

Following receipt of the report and recommendations of the Barrington Planning Board, the Town Council shall schedule a public hearing and proceed with the process prescribed in Article XI for amendment of this chapter and the Zoning Map to create an Elderly Housing District.

The submission of a proposal for amendment of this chapter to create an Elderly Housing District shall be accompanied by a filing fee in an amount prescribed from time to time by the Town Council.

Editor's Note: See Ch. A225, Fee and Fine Schedule.

The maximum number of units to be permitted in an EH District shall be based upon the requirement of 4,000 square feet of site area for each bedroom or other space designed or allocated for full-time or intermittent sleeping purposes. Efficiency apartments shall be considered as having one bedroom, and each den, study or family room (additional to the living room) shall be considered as a bedroom.

The minimum area and dimensional requirements for an EH District shall be as follows:

• A. In any EH District, at least 20% of the total proposed development parcel area, exclusive of areas such as wetlands, marshes, water bodies and others, or driveways, parking areas or accessory structures, shall be set aside as open area. The open area may be in one or more parcels and may include uncovered recreation or leisure facilities appropriate for the intended occupancy.
• B. In addition, a buffer area of planting or other landscape features shall be maintained for a depth of 10 feet from all tract boundaries.

[Amended 3-11-1996 by Ord. No. 96-2]

• A. The Planning Board may recommend, and the Town Council approve, an increase in the gross density requirement to a maximum number of units based on 2,000 square feet of site area for each bedroom or other space designed or allocated for full-time or intermittent sleeping purposes, and/or an increase in the maximum height of the principal structure to three stories when an elevator is included, when the Planning Board and Town Council determine that the public welfare is better served by the inclusion of one or more of the following amenities:
  • (1) An increase in internal common space for the purpose of cooking, dining, recreation, laundry, assisted living or other purposes compatible with the intended occupancy.
  • (2) An increase in open space for garden plots, passive or active recreation or the dedication of open space for general public use.
  • (3) Provision of internal landscaping and screening of parking areas, or minimizing of traffic impacts or improvements to surrounding traffic circulation.
  • (4) Other features deemed by the Planning Board and Town Council to improve the compatibility of the project with its surroundings and to improve the health, safety and welfare of the intended residents or of the community as a whole.
• B. The Planning Board may recommend, and the Town Council approve, an increase in the gross density requirement to a maximum number of units based on 1,500 square feet of site area for each bedroom or other space designed or allocated for full-time or intermittent sleeping purposes, and/or an increase in the maximum height of the principal structure to three stories when an elevator is included, when the Planning Board and Town Council determine that the public welfare is better served by the inclusion of one or more of the amenities listed in Subsection A(1) through (4) above and meets the following requirements:

  [Amended 6-2-1997 by Ord. No. 97-4]

  • (1) The project involves the conversion of an existing building rather than new construction on a vacant lot; and
  • (2) All of the units in the proposed complex are to be sold, or designated for a minimum period of 30 years, as affordable units, with "affordable" being as currently defined by the appropriate state and federal agencies; or
  • (3) The project involves the construction of an assisted living facility for the elderly and handicapped.

• A. Unless otherwise approved by the Town Council, all streets in an EH District shall conform to the requirements of Chapter 200, Subdivision of Land, for street construction and design. Traffic circulation, as well as driveways and other paved areas intended to remain in private ownership, shall be approved as to design and construction by the Barrington Planning Board.
• B. The off-street parking requirements shall be that given in § 185-78 of this chapter for elderly housing uses.

[Amended 1-13-1997 by Ord. No. 96-14; 6-2-2003 by Ord. No. 2003-7; 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12; 7-28-2025 by Ord. No. 2025-5A]

• A. Eligibility. One ADU per lot is allowed under the following circumstances:
  • (1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or
  • (2) On a lot for which the primary use is residential; or
  • (3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
• B. Dimensional requirements.
  • (1) All ADU's shall comply with the dimensional standards for an accessory structure in the same zoning district.
  • (2) The maximum unit size for an ADU is as follows:
    • (a) For a studio or one bedroom ADU, 900 square feet or 60% of the floor area of the principal dwelling, whichever is less.
    • (b) For a two bedroom ADU, 1,200 square feet or 60% of the floor area of the principal dwelling, whichever is less.
• C. Prohibition of short-term rental.
  • (1) ADUs cannot be offered or rented for tourist or transient use (defined as occupancy less than 30 days) or through a hosting platform.
• D. Procedural requirements.
  • (1) ADUs shall be allowed as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, such ADUs shall not be counted toward density of the proposal.
  • (2) Any application that includes ADUs may be considered through a unified development review process.
  • (3) An ADU that does not meet the requirements of this section shall be reviewed through an application for a variance.
• E. Sunset provision.
  • (1) The provisions of this article shall expire 18 months from the date of enactment unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

[Amended 6-2-2014 by Ord. No. 2014-3]

The purpose of this article is to ensure public safety, minimize hazards to persons and property from flooding, to protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Barrington elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

Editor's Note: See 42 U.S.C. § 4001 et seq.

• A. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Barrington designated as Zone AE or VE on the Bristol County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program.
• B. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Barrington are Panel Numbers 44001C0001H, 44001C0002H, 44001C0003H, 44001C0005H, 44001C0006H, 44001C0007H, and 44001C0010H, dated July 7, 2014.
• C. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 7, 2014. The Office of Building and Zoning is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk and Building and Zoning Office.

• A. All proposed construction or other development within a special flood hazard area shall require a permit.
• B. The National Flood Insurance Program special flood hazard area requires permits for all projects that meet the definition of "development," not just "building," projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other nonstructural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management, as applicable. Therefore, if another state agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.
• C. Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

[Amended 12-4-2023 by Ord. No. 2023-12]

A permit fee (based on the cost of the construction) may be required to be paid to the Town of Barrington, and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the permitting authority or designee and/or the Board of Appeals needs the assistance of a professional engineer.

The degree of flood protection required by this article is considered reasonable but does not imply total flood protection.

If any section, provision, or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of the article shall not be affected.

This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this article imposes a greater restriction, the provisions of this article shall control.

The Building Official shall enforce all provisions as applicable in reference to R.I.G.L. § 23-27.3-108.1.

Every person who shall violate any provision of this code shall be subject to penalties put forth in R.I.G.L. § 23-27.3-122.3.

• A. In a riverine situation, the Building Official shall notify the following of any alteration or relocation of a watercourse:
  • (1) Adjacent communities.
  • (2) Bordering states (optional).
  • (3) NFIP State Coordinator

    Rhode Island Emergency Management Agency

    645 New London Avenue

    Cranston, RI 02920

  • (4) Risk Analysis Branch

    Federal Emergency Management Agency, Region I

    99 High Street, 6th Floor

    Boston, MA 02110

• B. The carrying capacity of the altered or relocated watercourse shall be maintained.

• A. The special flood hazard areas are established as a floodplain overlay district.
  • (1) All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:
    • (a) Rhode Island State Building Code (as established under R.I.G.L. § 23-27.3).
    • (b) Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (R.I.G.L. § 46-23).
    • (c) Endangered Species Act, Rhode Island Department of Environmental Management (R.I.G.L. § 20-1-2).
    • (d) Freshwater Wetlands Act, Rhode Island Department of Environmental Management (R.I.G.L. § 2-1-18).
    • (e) Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (R.I.G.L. §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)
    • (f) Water Quality Regulations, Rhode Island Department of Environmental Management (R.I.G.L. §§ 42-17.1 and 42-17.6 and 46-12)
  • (2) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
• B. Other use regulations
  • (1) In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
  • (2) All subdivision proposals must be designed to assure that:
    • (a) Such proposals minimize flood damage;
    • (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
    • (c) Adequate drainage is provided to reduce exposure to flood hazards.
  • (3) Detached accessory structures in Zone AE (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
    • (a) The structure has a value less than $1,000.
    • (b) The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
    • (c) The structure is not in the floodway.
    • (d) The structure is not used for storage of hazardous materials.
    • (e) The structure is used solely for parking of vehicles and/or limited storage.
    • (f) The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.
    • (g) The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
    • (h) Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
    • (i) The structure must not increase the flood levels in the floodway.
  • (4) Existing contour intervals of sites and elevations of existing structures must be included on plan proposals.
  • (5) No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.
  • (6) The space below the lowest floor shall be:
    • (a) Free of obstructions as described in FEMA Technical Bulletin 5, Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program, or
    • (b) Constructed with open wood latticework, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or
    • (c) Designed with an enclosed area less than 300 square feet that is constructed with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
• C. Floodway data. In Zone AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

• A. The Zoning Board of Review may hear and grant a variance as prescribed in Article XIII of this chapter, subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said Article XXIII, the Board shall undertake the following in granting a variance from the provisions of this article:
  • (1) Describe in its decision the exact extent of the variance granted.
  • (2) Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25 per $100 of insurance coverage and, further, that construction or other development below the base flood elevation may increase risk to life and property.
  • (3) Forward a copy of its written decision and findings to the applicant, the Building Official or designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the Town to the administration.
• B. No variance may be granted which will result in any increase in flood levels.

[Amended 6-12-1995 by Ord. No. 95-4; 7-10-2000 by Ord. No. 2000-6; 11-13-2000 by Ord. No. 2000-7; 5-16-2006 by Ord. No. 2006-2; 6-4-2007 by Ord. No. 2007-4; 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

Development plan review shall be required pursuant to R.I.G.L. § 45-23-50 and 45-24-49. Development plan review shall be required for permitted uses, where the proposed use represents a change in use at the property where no extensive construction of improvements is sought.

The permitting authority shall be the administrative officer for administrative development plan review. The Planning Board shall be the permitting authority for formal development plan review.

• A. In reviewing an application submitted under the provisions of this article, the permitting authority shall apply the following general standards for approval, where applicable;
  • (1) Development which is consistent with the goals and policies of the Barrington Comprehensive Plan.
  • (2) Design which preserves the distinguishing original qualities of a building, structure or site and its environment.
  • (3) New development and landscaping which is compatible with the building and site characteristics of surrounding development.
  • (4) New development which is served with an adequate means of water supply, sewage disposal and drainage.
  • (5) Design which maximizes the safety and convenience of vehicular and pedestrian movement within the site and in relation to access streets and adjoining bicycle routes and walkways.
  • (6) Design which shows adequate measures to prevent pollution of surface water or groundwater and provides for the protection of unique or important natural, historic or scenic features; and development which minimizes use of wetlands and floodplains and tree and vegetation removal.
• B. All applications subject to this article shall also conform to such standards as may be adopted from time to time by the Barrington Planning Board, in addition to those contained in the Barrington Land Development and Subdivision Regulations, § 200-1 et seq, unless a waiver or modification therefrom is received in accordance with the Land Development and Subdivision Regulations, § 200-1 et seq.

The authorized permitting authority may grant waivers of design standards as set forth in the regulations.

A rejection of the decision shall be an appealable decision pursuant to RIGL § 45-23-71.

The Wetlands Overlay District shall overlie portions of other zoning use districts established by this chapter. The Wetlands Overlay District shall apply to all new construction or reconstruction or expansion of existing buildings, or new, expanded or modified uses of property within, or within 100 feet of, the Wetlands Overlay District. Those areas lying within, or within 100 feet of, the Wetlands Overlay District shall be subject to both this section and the provisions pertaining to the underlying use district in which such areas are located. Nothing in this article shall limit those restrictions pertaining to wetlands contained in other sections of this chapter, or in any other applicable laws or regulations.

The purpose of this article is the protection of wetlands, water resources and adjoining lands through control of activities impacting wetlands values, including but not limited to the following values: public or private water supply, groundwater resources, flood control, erosion control, storm damage prevention, water pollution prevention, wildlife habitat and agricultural values.

The Wetlands Overlay District shall consist of coastal wetlands, defined as salt marshes bordering on tidal waters, and freshwater wetlands, defined as those areas of 1/2 acre or greater, that are inundated or saturated with surface and/or ground water at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The boundaries of the Wetlands Overlay District are generally shown as Coastal Wetlands, Freshwater Wetlands or Hydric Soils on that map titled "Wetlands Area Map" (Town of Barrington, Rhode Island Comprehensive Community Plan) and filed at the office of the Building Official. In the event that there is a conflict in the boundary of this District between the written definition above and the map, the written definition shall prevail.

The following activities are prohibited in, or within 100 feet of, the Wetlands Overlay District:

• A. The discharge or introducing of any organic or inorganic chemical or biological pollutants.
• B. The storage of any hazardous, toxic or infectious materials or wastes.
• C. The placing or depositing of any solid waste or debris.
• D. The discharging of any effluent creating a thermal gradient deleterious to indigenous plants, fish or wildlife.

• A. Any use that is not specifically prohibited in this article or under any other applicable law or regulation, and which is allowed in the underlying zoning district, but meets the applicability requirements of § 185-169, is allowed in the Wetlands Overlay District, or within 100 feet thereof, only as a special use pursuant to the provisions of Article XIV of this chapter.
• B. All applications to the Zoning Board of Review for a special use permit under this article shall be accompanied by a site plan which delineates the boundary of the wetland, as defined in § 185-171, on the subject property.
• C. All applications shall be referred to the Barrington Conservation Commission, who shall review the application and submit a report and recommendations thereon to the Zoning Board of Review prior to the hearing on the application. The Conservation Commission shall visit the site of the proposed activity and, in their report to the Zoning Board, recommend one of the following:
  • (1) Approval of the site plan as submitted.
  • (2) Approval of the site plan conditioned on changes as listed.
  • (3) Disapproval of the site plan and the reasons therefor.
• D. In reviewing the site plan, the Conservation Commission may require that the wetland boundary be delineated by a wetland biologist or other qualified person according to current standards for such delineation as established by the state Department of Environmental Management.

The Zoning Board of Review may grant a special use permit only if it determines, taking into full consideration the report of the Conservation Commission, that the application minimizes, to the degree possible, any negative impacts to the wetlands values described in § 185-170, and meets the following development standards:

• A. All new structures and expansions, paved areas and land disturbances will be set back at least 100 feet from the wetland edge.
• B. The proposed project will not obstruct floodways in any detrimental way, or reduce the net capacity of the site and adjoining properties to retain floodwaters.
• C. The proposed project will not cause any sedimentation of wetlands, and will include all necessary and appropriate erosion and sediment control measures.
• D. The proposed project will not reduce the capacity of any wetland to absorb pollutants.
• E. The proposed project will not directly or indirectly degrade the water quality in any wetland or water body.
• F. The proposed project will not reduce the capacity of any wetland to recharge groundwater.
• G. The proposed project will not degrade the value of any wetland as a spawning ground or nursery for fish and shellfish or habitat for wildlife or wildfowl.

Any proposed construction which is no closer to the wetland than existing construction on the lot in question may be exempted from the one-hundred-foot setback requirement in § 185-174 if the Zoning Board of Review determines that there is no potential for significant environmental impact.

[Added 9-2-2003 by Ord. No. 2003-13; amended 10-6-2005 by Ord. No. 2005-8; 12-4-2023 by Ord. No. 2023-12]

Any applicant proposing to build low- or moderate-income housing may submit to the Planning Board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25% of the housing is low- or moderate-income housing.

In order to offset the differential cost of the low- or moderate-income housing units in the section, the following municipal subsides are provided:

• A. Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the Planning Board's consideration of adjustments is set forth in R.I.G.L. § 45-53-4(d)(2)(iii)(E)(II).
• B. Density bonus. The Town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights-of-way of record.
  • (1) For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:
    • (a) For projects providing at least 25% low- and moderate-income housing, the density bonus shall be five units per acre.
    • (b) For projects providing at least 50% low- and moderate-income housing, the density bonus shall be nine units per acre.
    • (c) For projects providing at least 100% low- and moderate-income housing, the density bonus shall be 12 units per acre.
  • (2) For properties not connected to either public water or sewer, or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system to service the dwelling units from the applicable state agency the following density bonuses are provided:
    • (a) For projects providing at least 25% low- and moderate-income housing, the density bonus shall be three units per acre.
    • (b) For projects providing at least 50% low- and moderate-income housing, the density bonus shall be five units per acre.
    • (c) For projects providing at least 100% low- and moderate-income housing, the density bonus shall be eight units per acre.
• C. Parking. For comprehensive permit applications, one off-street parking space per dwelling unit is required for units up to and including two bedrooms.
• D. Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three bedrooms for single-family dwelling units.
• E. Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by § 45-24.3-11.

The application and review process for a comprehensive permit shall be as follows:

• A. Pre-application conference. A pre-application conference may be required by the Administrative Officer or Planning Board or requested by the applicant. The pre-application conference may be with the Planning Board, Technical Review Committee, or Administrative Officer as determined appropriate by the Administrative Officer. The purpose of the pre-application conference shall be to review a concept plan of the proposed development and to elicit feedback from the permitting authority.
  • (1) In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.
  • (2) Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within 30 days of the request, unless a different time frame is agreed to by the applicant, in writing.
  • (3) If 30 days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.
• B. Preliminary plan.
  • (1) Submission requirements. Applications for preliminary plan under this section shall include:
    • (a) A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy;
    • (b) A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments;
    • (c) A proposed timetable for the commencement of construction and completion of the project; and
    • (d) Those items included in the checklist for preliminary plan review in the Land Development and Subdivision Regulations, § 200-1 et seq., with the exception of evidence of state or federal permits.
    • (e) Notwithstanding the submission requirements set forth above, the Planning Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.
  • (2) Certification of completeness. The preliminary plan must be certified complete or incomplete by the Administrative Officer; provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete, less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth in writing with specificity the missing or incomplete items.
  • (3) Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.
  • (4) Notice. Public notice for the public hearing will be the same notice required under the Land Development and Subdivision Regulations, § 200-1 et seq., for a public hearing for a preliminary plan. The cost of notice shall be paid by the applicant.
  • (5) Time frame for review. The Planning Board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.
  • (6) Majority vote required. The Planning Board's decision on the preliminary plan application shall be by a majority vote of the members present at the proceeding.
  • (7) Powers and conditions of approval. The Planning Board has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with terms of this section. Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the Planning Board, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
  • (8) Failure to act. Failure of the Planning Board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.
  • (9) Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the Planning Board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing, by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.
  • (10) Recording of written decisions. The written decision of preliminary plan application shall be recorded in the land evidence records within 20 days after the Planning Board's vote. A copy of the recorded decisions shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.
• C. Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the Planning Board's discretion, it may vote to require the applicant to return for final plan review and approval.
  • (1) The following items shall be submitted as part of the final plan submission:
    • (a) All required state and federal permits must be obtained prior to the final plan approval;
    • (b) A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to R.I.G.L. § 45-53-3.2;
    • (c) A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years; Those items included in the checklist for final plan review in the Land Development and Subdivision Regulations § 200-1 et seq., including, but not limited to, arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees; certification by the tax collector that all property taxes are current; and for phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
  • (2) Certificate of completeness. The final plan application must be certified complete or incomplete by the Administrative Officer according to the provisions of § 45-23-36; provided, however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth, in writing, with specificity the missing or incomplete items.
  • (3) The Administrative Officer may refer a final plan application to the Planning Board if the Administrative Officer finds and notifies the applicant within 14 days that the final plan application contains major changes from the plans approved on the preliminary plan application.
  • (4) Time frame for review. The permitting authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.
  • (5) Decision on final plan. An application filed in accordance with this article shall be approved by the Administrative Officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification (i.e., change) of the plans approved at preliminary plan.
  • (6) Majority vote required. Any Planning Board decision on the final plan application shall be by a majority vote of the members present at the proceeding.
  • (7) Powers and conditions of approval. The permitting authority has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with terms of this section. The burden is on the applicant to show, by competent evidence before the permitting authority, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
  • (8) Failure to act. Failure of the permitting authority to act within the prescribed period constitutes approval of the final plan and a certificate of the Administrative Officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
  • (9) Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the Planning Board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing, by the applicant, and approved by the Planning Board.
  • (10) Recording of written decisions. The written decision of the preliminary plan application shall be recorded in the land evidence records within 20 days after the Planning Board's vote. A copy of the recorded decisions shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.

• A. Minor changes, as defined in the Land Development and Subdivision Regulations, § 200-1 et seq., to the plans approved at preliminary plan may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the Administrative Officer from requesting a recommendation from either the technical review committee or the Planning Board. Denial of the proposed change(s) shall be referred to the Planning Board for review as a major change.
• B. Major changes, as defined in the Land Development and Subdivision Regulations, § 200-1 et seq., to the plans approved at preliminary plan may be approved only by the Planning Board and must follow the same review and public hearing process required for approval of preliminary plans.

• A. Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the Planning Board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
  • (1) The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
  • (2) The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
  • (3) All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
  • (4) There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.
  • (5) All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of state law.
  • (6) The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
• B. Required findings for denial. In reviewing the comprehensive permit request, the Planning Board may deny the request for any of the following reasons:
  • (1) The Town has an approved affordable housing plan and is meeting local housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the Planning Board also finds that the municipality has made significant progress in implementing the housing plan;
  • (2) The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;
  • (3) The proposal is not in conformance with the comprehensive plan;
  • (4) The community has met or has plans to meet the goal of 10% of the year-round units being low- and moderate-income housing provided that, the Planning Board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or
  • (5) Concerns for the environment and the health and safety of current residents have not been adequately addressed.

A decision of the permitting authority under this article may be appealed by the applicant or an aggrieved party, as defined in § 185-5, to the superior court for the county in which the property is situated. The appeal shall be taken within 20 days after the date of the recording and posting of the decision by the permitting authority by filing with the superior court, a complaint which contains a statement of the prior proceedings and the reasons upon which the appeal is based. The complaint shall name the local review board as the appellee and serve the local review board within 20 days of filing of the appeal. If an aggrieved party who is not the applicant files an appeal, the original applicant shall be named as a party and shall also be served within 20 days of filing of the appeal. The appeal shall proceed under the terms of RIGL § 45-53-5.1.

[Added 8-28-2003 by Ord. No. 2003-14; amended 4-9-2007 by Ord. No. 2007-1; 2-6-2012 by Ord. No. 2012-1; 3-7-2016 by Ord. No. 2016-2; 12-4-2023 by Ord. No. 2023-12]

[Amended 6-2-2025 by Ord. No. 2025-5]

• A. The Town of Barrington's Affordable Housing Plan outlines strategies to achieve the state-mandated ten-percent low- and moderate-income (LMI) housing goal, expanding housing options for current and future residents of Barrington.
• B. Based on the Town's history of development and the limited amount of developable land remaining, this is an aggressive goal that will require policy interventions, including the inclusionary zoning program as described in this article.
• C. Without the adoption of mandatory inclusionary zoning, along with other strategies identified in the Affordable Housing Plan, the Town's stock of affordable housing would continue to be inadequate to meet the needs of Barrington's low- and moderate-income residents and employees.
• D. Inclusionary zoning is consistent with the state's Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L. § 42-128-8.1), which states the following: "Creative funding mechanisms are needed at the local and state levels that provide additional resources for housing development, because there is an inadequate amount of federal and state subsidies to support the affordable housing needs of Rhode Island's current and projected population."
• E. Pursuant to Comprehensive Housing Production and Rehabilitation Act of 2004 § 42-128-8.1g, the state has adopted a Strategic Plan for Housing which includes guidelines for higher-density development, including, but not limited to, "inclusionary zoning provisions for low- and moderate-income housing with appropriate density bonuses and other subsidies that make the development financially feasible."
• F. Inclusionary zoning is consistent with State of Rhode Island General Laws § 45-24-46.1, as amended.

The purpose of this article is:

• A. To promote the public health, safety and welfare by promoting the development of low- and moderate-income housing within the Town of Barrington in accordance with the state mandate and to provide for a full range of housing choices throughout the Town for households of all incomes, ages and sizes.
• B. To promote the development of affordable housing throughout the Town in a manner that is consistent with the Town's adopted Affordable Housing Plan and the Comprehensive Plan.
• C. To produce housing that qualifies as affordable as defined by the mandates of the state's Comprehensive Housing Production and Rehabilitation Act of 2004.
• D. To establish mixed-income households within new subdivisions and land development projects throughout the Town.

This article shall apply to all subdivisions and land development projects resulting in the net addition of three or more housing units.

[Amended 6-2-2025 by Ord. No. 2025-5]

• A. For all applicable projects, at least 15% of the units within the project must qualify as affordable housing, as defined by RIGL 42-128-8.1(d)(1). The total number of units for the development may include less than 15% affordable units after the density bonus described in § 185-195 is determined.
• B. Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.
• C. A Town-approved monitoring service agreement with a qualified organization.

• A. Off-site options. The Planning Board, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the requirements of § 185-193 by constructing inclusionary units on a site other than that which the project is located. The following may be required by the Planning Board for such off-site construction:
  • (1) Off-site rehabilitation of affordable units in existing buildings.
  • (2) Off-site construction of affordable units.
• B. Conditions. Provisions of off-site inclusionary units shall be subject to the following conditions:
  • (1) Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.
  • (2) New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.
  • (3) Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.

• A. Density bonus. The number of housing units allowable on the site or sites involved shall be increased to one market rate units for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development. The total number of units for the development shall equal the number originally proposed, including the required affordable units, plus the additional units that constitute the density bonus. Reasonable relief from dimensional requirements to accommodate the bonus density shall be available in the form of a dimensional variance. An application that utilizes off-site construction or rehabilitation, or donation of land suitable for development of the required affordable units, shall not be eligible for the density bonus.

[Added 2-6-2012 by Ord. No. 2012-1]

The purpose of this article is to establish special conditions and performance standards for the use of cellular communications antenna arrays and cellular communications towers, as defined below, that are consistent with the residential character of the Town, and consistent with the land uses in the Town. The goals of this article include encouraging the location of antennas on existing structures, and the joint use (co-location) of new and existing towers in order to minimize or mitigate any adverse impact on the Town that may result from the location or configuration of cellular communications antenna arrays and cellular communications towers, as well as to facilitate the use of public property and structures for cellular communications facilities.

No cellular communications antenna array or cellular communications tower shall be erected, constructed, altered or maintained on any lot within the Town after the effective date of this article, without complying with the terms of this article. Nothing herein shall be deemed to prohibit or regulate any public antenna or cellular communications tower used in the exercise of a governmental function.

• A. A cellular communications antenna array shall be allowed as of right on any existing structure within the zones specified in § 185-8, Schedule of Use Regulations Table. The height of any cellular communications antenna array shall not exceed the height of such existing structure by more than 12 feet.
• B. Any cellular communications antenna array exceeding the height of the existing structure by more than 12 feet shall require a special use permit.
• C. A cellular communications tower shall be permitted as a special permit use or permitted use within the zones so specified in § 185-8, Schedule of Use Regulations Table, and provided that the height of such new tower shall not exceed 150 feet in height. Any cellular communications tower exceeding 150 feet in height shall require a special use permit.
• D. No cellular communications antenna array shall be permitted within any Residential Zone, or any Conservation District or Wildlife Refuge District, or any Open Space Zone, except by special use permit in accordance with § 185-73.
• E. Cellular communications towers shall only be permitted by special use permit in the following zones: GI, RE, and LM.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• F. An application for a dimensional variance from the specifications in this section may be made in conjunction with a special use permit for a cellular communications antenna array or cellular communications tower.

All applications for permits to construct, install or erect cellular communications towers or equipment shelters, or to install, mount or erect cellular communications antenna arrays on existing buildings or on other alternate antenna support structures, shall be subject to the following:

• A. A building permit is required.
• B. An electrical permit is required.
• C. Payment of all permit and inspection fees.
• D. Proof of ownership of the land upon which a cellular communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement.
• E. A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular communications tower, cellular communications antenna array, equipment shelter and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennas to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or connective devices that enter or exist on or along any public street or right-of-way.
• F. The applicant shall supply a definition of the area of service and indicate the current coverage capacity. The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity. The applicant shall provide a map or maps, covering the entire Town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.
• G. Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.
• H. The applicant shall indicate how the site will be designed to co-locate future carriers, and how many of such carriers can be technically accommodated. The application shall contain a statement that if the site will physically support co-location, any co-location applicant willing to sign a commercially reasonable lease shall be allowed to co-locate.
• I. The application shall provide photo simulations from multiple views or perspectives, showing the proposed appearance, to scale, of the tower or antenna array in the affected area.

• A. All antennas shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations. In accordance with the federal Wireless Communications Act, the Town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

  Editor's Note: See 47 U.S.C. § 609 et seq.

• B. A cellular communications tower shall be set back from all property lines a minimum of one foot for each two feet of tower height.
• C. All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.
• D. Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency.
• E. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the State Building Code, as amended from time to time. Towers must be structurally inspected by a registered engineer every 10 years, and a certificate of such inspection shall be filed with the Building Official.

  Editor's Note: See R.I.G.L. § 23-27.3-100.1 et seq.

• F. All telecommunications facilities and structures which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building Official. The applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the Building Official. If such antenna or tower is not removed within 90 days of receipt of notice, the Town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

In addition to the standards set forth in this article, the Zoning Board of Review shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of a cellular communications tower:

• A. Applicant has made reasonable efforts to utilize existing structures for a cellular communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.
• B. Applicant has made reasonable efforts to avoid the necessity of erecting a new tower, including but not limited to the construction of a permitted structure on which a cellular communications antenna array could be placed.
• C. Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.
• D. Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.

[Amended 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]

The following design standards shall apply to all cellular communications antenna arrays, except public cellular communications antenna arrays, and cellular communications towers:

• A. For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the preexisting character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.
• B. For the erection of a cellular communications tower, the proposed facility shall preserve or enhance the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on- site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.
• C. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the Director of Planning. Screening shall not be less than five feet in width, nor less than eight feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
• D. Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.
• E. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.
• F. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
• G. Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the permitting authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
• H. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any tower.

Editor's Note: Former § 185-208, Development plan review, was repealed 6-2-2025 by Ord. No. 2025-5. This ordinance also renumbered former § 185-209 as § 185-208.

[Added 12-2-2019 by Ord. No. 2019-17]

Editor's Note: This ordinance also repealed former Art. XXIX, Residence 40 Conservation Development Zoning District, added 2-6-2012 by Ord. No. 2012-1.

• A. The Agriculture-Rural District (AR) is hereby established on a map entitled "Barrington Zoning Map." The AR District is designed to:
  • (1) Limit development in areas that lack adequate infrastructure, including roads, water and sewer, and where extending public services is not in the interest of good planning.
  • (2) Encourage the protection and preservation of rural character, farmland, open space, and natural land features, including sensitive wildlife habitat.
  • (3) Reduce potential conflicts between farming and residential uses.
• B. The uses of land permitted in the AR District shall be those shown as permitted uses in Article IV of this chapter.

Subdivisions within the AR District are exempt from inclusionary zoning provisions of this chapter.

[Added 2-6-2012 by Ord. No. 2012-1]

It is the intent of this article to encourage residential communities designed for senior citizens in "cottage-style" housing developments, to ensure compatibility with surrounding areas and with the natural environment, and to regulate the location and design of such senior residential communities to ensure safe, sanitary and attractive living conditions.

[Amended 12-4-2023 by Ord. No. 2023-12]

The Planning Board may approve the establishment of a senior residential community development in zoning districts where allowed in Article IV, Use Regulations, as a land development project. Application for such land development projects shall be made in accordance with the procedures of the Town's Subdivision and Land Development Regulations.

Editor's Note: See Ch. 200, Land Development and Subdivision Regulations.

• A. Permitted dwelling units in senior residential communities shall be limited to cottage housing.
• B. Accessory uses allowed by special use include the following:
  • (1) Off-street parking areas.
  • (2) Garages (including common or shared garages), sheds and other structures customarily accessory to a residential use.
  • (3) Recreational facilities intended primarily for residents and their guests.
  • (4) Common storage areas or buildings for use of residents of the community.
• C. Affordability requirements.
  • (1) A minimum of 50% of total housing units within cottage housing developments shall qualify as low- or moderate-income (LMI) housing, as defined by the State of Rhode Island, and be maintained as LMI housing for at least 30 years through acceptable legal mechanisms, including but not limited to deed restrictions.
  • (2) All LMI housing units proposed shall be integrated throughout the development; compatible in scale and architectural style to the market-rate units within the project; and built and occupied prior to, or simultaneous with, the construction and occupancy of any market-rate units.
• D. Density. The total density of a senior residential community development, including the required open space for such projects as described herein, shall not exceed:
  • (1) One unit per 20,000 square feet developable upland in an R-40 or R-40CD zone.
  • (2) One unit per 12,500 square feet of developable upland in an R-25 zone.
  • (3) One unit per 5,000 square feet of developable upland in an R-10, NB or LM zone.
• E. Number of units. There shall be a minimum of six cottage housing units and a minimum of four cottage housing unit structures within a senior residential community development.
• F. Dimensional regulations for cottage housing units.
  • (1) Floor area (individual units)
    • (a) For at least 50% of the units, gross floor area of the main level shall not exceed 650 square feet;
    • (b) For no more than 50% of the units, the gross floor area of the main level may be up to 800 square feet.
    • (c) The total floor area of each cottage shall not exceed either 1.5 times the area of the main level, or 1,200 square feet, whichever is less.
  • (2) Maximum height, principal structure: 18 feet. The ridge of pitched roofs with a minimum slope of six to 12 may extend up to 25 feet. All parts of the roof above 18 feet shall be pitched.
  • (3) Private exterior space.
    • (a) Front. There shall be private exterior space between the front of each cottage unit and common open space or common accessway, and, if fronting a public street, the public right-of-way. The depth of the private front exterior space for units facing the common open space or common accessway shall average 10 feet for all units, and at no point shall be less than five feet. For units fronting on a public street, the minimum depth of private front exterior space shall be 15 feet or the minimum required in the zoning district, whichever is greater.
    • (b) Rear. There shall be private exterior space provided at the rear of each cottage unit, separate from common parking areas, common accessways or the minimum required buffer area. The minimum rear private exterior space shall be 10 feet.
    • (c) Side. There shall be private exterior space provided at the sides of each cottage unit, separate from common open space areas, common accessways, public rights-of-way or other nonprivate areas associated with the development, or from adjoining private side exterior spaces. The minimum required side exterior private space shall be five feet for single-family detached cottage units and 10 feet for duplex cottage units.
• G. Building orientation.
  • (1) Cottages shall be oriented around the common open space.
  • (2) The common open space shall have cottages abutting at least two sides.
• H. Recreation and open space. Common open space shall be provided as follows:
  • (1) A minimum of 400 square feet per unit of landscaped common open space is required.
  • (2) For sites that include areas designated as future greenways in the Town's comprehensive plan, land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the Town along the greenway may be substituted for required improved recreation space.
• I. Parking. The following standards shall apply.
  • (1) Parking shall be located on the development property.
  • (2) Parking shall be located in clusters of not more than six adjoining spaces.
  • (3) Parking shall be screened from public streets and adjacent residential uses by landscaping or architectural screening.
  • (4) Parking is allowed between or adjacent to structures only when it is located toward the rear of the principal structure and is served by an alley or private driveway. No parking is allowed in the front yard setback.
  • (5) The minimum parking requirement shall be 1.50 spaces per unit.
• J. Buffers. Along all exterior property lines of a senior residential community development, excluding the street frontage, a landscaped buffer strip shall be maintained.
  • (1) Such buffer strip shall be planted, screened, or otherwise maintained in a natural condition in order to provide year-round visual obstruction of the dwellings within the senior residential community development from abutting land. Such buffer strip may be used for recreation of a nonintensive character; provided, however, that no structure or parking area be located thereon.
  • (2) Such buffer strip shall be not less than 20 feet in width in R-40, R-40CD, R-25 and R-10 zones.
  • (3) In NB and LM zones, such buffer strip shall consist of a ten-foot-wide landscaped strip containing an opaque fence not less than four feet in height nor more than six feet in height, or a double-row compact evergreen screen not less than four feet in height, which shall be maintained in a neat and attractive manner between the parking facility and the adjoining residence district.
• K. Lot dimensional requirements. See § 185-17, Dimensional Regulations Table. In addition, senior residential communities shall be subject to the following supplementary dimensional regulations:
  • (1) Lot width.
    • (a) For portions of the tract used for general vehicular entrances and exits only, the lot width and frontage shall be a minimum of 50 feet.
    • (b) For portions containing lots and buildings open generally to occupants, the width of the lot shall be a minimum of 200 feet. The ratio of width to depth shall not exceed one to five.
  • (2) Maximum percent of lot building coverage: 35%.
• L. Connectivity. Recreation areas provided pursuant to this article shall be aligned with and shall adjoin any area designated as a park or open space area on adjoining property, including any public greenway, linear park, or similar facility. Sidewalks, trails, or similar facilities shall align with such facilities in an adjoining tract or, where adjoining tracts are unimproved, with any area designated for recreation or open space in the comprehensive plan or any recreation master plan adopted by the Town.
• M. Occupancy and development standards. All senior residential communities shall be subject to the exemption requirements for housing for older persons set forth in the Federal Fair Housing Amendments Act of 1988 and the Rhode Island Fair Housing Practices Act, as amended, and the following restrictions which shall be noted on the land development final plan and recorded in the Land Evidence Records of the Town:
  • (1) Occupancy of a dwelling unit within a senior residential community is limited to at least one adult 55 years of age or older and a permanent cohabitant over the age of 18. In the event of the death of a qualifying occupant, a two-year exemption may be permitted to allow for the transfer of the unit to another eligible occupant.
  • (2) A senior residential community shall not be subdivided into individual lots.
  • (3) Dwelling units within senior residential communities are limited to a maximum of two bedrooms per unit.
  • (4) At least 10% of all dwelling units within senior residential communities shall be accessible pursuant to the Americans with Disabilities Act.

    Editor's Note: See 42 U.S.C. § 12101 et seq.

  Editor's Note: See 42 U.S.C. § 3601 et seq.

  Editor's Note: See R.I.G.L. § 34-37-1 et seq.

• N. Prohibition in velocity zones. Notwithstanding the provisions of any other part of this article, no senior residential community may be placed, occupied or maintained in velocity zones as shown on the official Flood Insurance Rate Map for the Town of Barrington, Rhode Island, prepared by the Federal Emergency Management Agency.
• O. Site standards. Any senior residential community shall meet the applicable site development standards as provided in Articles IX and XVIII of the Subdivision and Land Development Regulations.

[Added 3-7-2016 by Ord. No. 2016-1]

• A. The Town of Barrington's Comprehensive Plan outlines strategies to achieve the state-mandated ten-percent low- and moderate-income housing goal and expanding housing options for current and future residents of Barrington. The Comprehensive Plan identifies a need to provide housing for a growing senior population, workforce housing for municipal employees and other workers, and persons with disabilities.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. A specific area of the Town has been identified in the Housing for Barrington's Future: Housing Land Use Study as suitable to implement creation of a compact "village" community with a range of housing types at varying densities: the former Zion Bible Institute campus on Middle Highway (Plat 14/Lots 2, 4, 13, 341, 342, 343).

The Senior Residential Village District shall consist of the former Zion Bible Institute on Middle Highway (Plat 14, Lots 2, 4, 13, 341, 342, and 343), as more specifically set forth on the Official Zoning Map.

The purposes of this article are to achieve the following Comprehensive Plan goals:

• A. Increase diversity of housing types in Barrington, with dwelling units that meet the needs of residents at varying life stages, recognizing that single-family homes in traditional subdivisions may not meet the needs of all segments of the population, especially the senior population.
• B. Meet the housing needs of households with a range of incomes, including 75% market rate and 25% housing affordable to those with low income (below 80% of area median income) or moderate income (80% to 120% of area median income).
• C. Encourage a form of development that embraces the Town and neighbors and does not give the appearance of a stand-alone development or "gated community."
• D. Promote the concept of a "garden suburb" in keeping with the character of Barrington, with a formal element at the core (village green, higher densities) and lower densities at the edges.
• E. Provide housing that is accessible to people with disabilities.
• F. Design common areas for people to meet and develop strong social ties.
• G. Provide compact, sustainable development that preserves open space for recreation, hiking paths, community gardens, and other public uses.
• H. Encourage walkable neighborhoods by providing sidewalks, hiking paths, and connections to shops and services, where feasible.
• I. Facilitate public interaction along the street by including residential units with porches and covered stoops, as appropriate.
• J. Minimize the emphasis of private vehicles by recessing garages back from the facade of the structure or providing utility access to garages on rear or side alleyways or driveways, where possible.
• K. Retain existing buildings with historical or architectural features that define the visual character of the community; retain properties such as Belton Court, listed on the National Register of Historic Places; and retain monumental landscaping and features such as the existing cedar hedge and stonewall along Middle Highway.
• L. Incorporate low-impact development principles into the design to reduce energy consumption for construction, operation, and maintenance, to reduce impermeable pavement, and encourage use of sustainable materials and energy sources.
• M. Encourage access to multi-modal transit.
• N. Provide a mix of uses for developments with more than 20 contiguous acres of upland, to assure convenient access by the residents of such developments to some of the goods and services needed for a diverse population.

For all proposed development within the Senior Residential Village District, at least 25% of the units must qualify as affordable housing, as defined by R.I.G.L. § 45-53-3(9). Affordable units shall also comply with § 185-194 of this chapter.

• A. Density.
  • (1) Overall residential density shall be between six and eight units per acre of developable land.
  • (2) Developable land shall exclude the following:
    • (a) Land within the state regulatory wetland setback;
    • (b) Land within the one-hundred-year floodplain;
    • (c) Land utilized for a commercial use such as an assisted-living facility and associated parking; and
    • (d) Approximately 4.5 acres within the Belton Court Historic Register District.
  • (3) If the following performance standards are attained, a corresponding density bonus shall be available:
    • (a) Restoration of Belton Court and grounds associated with its historic use, including the central courtyard and front lawn between the building and Middle Highway and preservation of the mature vegetation in front of Belton Court along Middle Highway. The density bonus shall be that the acreage within the Belton Court Historic Register District shall be included in the developable land area.
    • (b) Provision, either on site or off site, of public open space and recreation of 500 square feet per unit, or 200 square feet more per unit required per § 185-226B below. The density bonus shall be that land utilized for commercial use, including associated parking, shall be included in the developable land area.
• B. Open space/recreation.
  • (1) Open space/recreation improvements shall be required. For each unit, 300 square feet of open space (in addition to wetlands/flood zone and other areas of constraint) shall be preserved and improved for the benefit of residents and shall be accessible to the general public.
  • (2) Open space/recreation improvements shall be completed on site. Developers may request approval to meet a portion of the open space/recreation improvements requirement off site.
  • (3) Improvements may include common open seating areas and landscaped parks, playground, community gardens and vegetable plots, hiking trails, or off-site improvements so designated at the discretion of the Planning Board at existing municipal recreation areas.
• C. Public streets/streetscape.
  • (1) New or repaired sidewalks shall be provided as necessary along any public street frontage, including Middle Highway.
  • (2) The number of curb cuts shall be minimized.
  • (3) Street trees shall be planted at regular intervals, consistent with the Town's Land Development and Subdivision Regulations, to define the street edge, buffer pedestrians from vehicles, and provide shade. Where feasible, trees shall be located in a planting strip between the curb and sidewalk.

    Editor's Note: See Ch. 200, Land Development and Subdivision Regulations.

  • (4) Utilities shall be placed underground.
• D. Internal private streets/streetscape.
  • (1) Pedestrian-scale lighting shall be provided in surface parking lots and along all roadways.
  • (2) "Dark Sky" cutoff lighting fixtures shall be required.
  • (3) Streets, including internal driveways, shall be designed with sidewalks along at least one side of the roadway. Sidewalks on both sides of a street shall be provided in residential areas. Sidewalk width shall be at least five feet.
  • (4) Continuous streets are preferred. Cul-de-sacs may be approved by the Planning Board if deemed necessary due to environmental constraints or other site-related factors.

    [Amended 12-4-2023 by Ord. No. 2023-12]

  • (5) Off-street parking shall be provided according to Article XV or as otherwise approved by the Planning Board.
  • (6) The provision of large parking areas shall be minimized. Small parking areas that are well integrated within the development are encouraged.
  • (7) Parking shall not overwhelm spaces between buildings. Landscaping and public spaces shall be used to break up/soften parking lots where provided.
  • (8) On-street, surface parking shall not be located within 30 feet of a corner.
  • (9) Parking of any type shall not be located in the area between the Belton Court structures and Middle Highway.
  • (10) Historic preservation. Belton Court, which is listed on the National Register of Historic Places, and the associated historic grounds which shall be defined by the Planning Board, shall be preserved in a manner consistent with the Secretary of the Interior Standards for Historic Properties.
• E. Building and unit design.
  • (1) A diversity of senior housing types is encouraged. Residential units should include a mix of housing types, including single-family, townhouse, cottage, and multifamily units, where appropriate.
  • (2) A range of building typologies is encouraged. Articulated facades and rooflines are preferred.
  • (3) The ground floor of an assisted-living facility shall be articulated to relate well with the street (e.g. porches, colonnades, etc.).
  • (4) Whenever possible, cottage designs shall incorporate porches or wide stoops with overhangs on the front of units to encourage interaction between residents and those walking along pedestrian paths and sidewalks.
• F. Mixed uses/amenities.
  • (1) A mixture of uses (e.g., assisted living, memory care, educational, retail, restaurant, senior services, personal services, or offices, etc.) shall be provided in addition to residential use, so as to encourage walkable neighborhoods and reduce vehicle miles traveled.
  • (2) On-site amenities for residents (e.g., meeting space, medical office, coffee shop, hair salon, etc.) are encouraged. Such amenities may also be open to the public at the discretion of the developer.
• G. Site planning.
  • (1) On-site density of the development shall be carefully arranged to respect existing neighborhood conditions. Where the boundaries of the district abut existing neighborhoods, setbacks and height stepbacks should be compatible with the neighboring zoning district.
  • (2) Transitions from high- to medium- to low-density shall be carefully designed to avoid abrupt changes in building heights and massing. This can be handled through articulation of the buildings and other strategies such as locating public open spaces to serve as transition zones.
  • (3) Green building/sustainable principles shall be incorporated in site design as practicable.
  • (4) Stormwater shall be managed in accordance with RIDEM low-impact design standards.
  • (5) Native vegetation shall be retained and grading minimized wherever possible to maintain natural features of the site.
• H. Maintenance responsibility. The owner(s) of the development(s) shall be responsible for maintenance, repair and liability for all facilities and infrastructure within the development. If there is more than one owner of a parcel, then a homeowner's association or condominium association shall be formed to maintain common areas such as parks, trails, lawns, and private roadways.

• A. Minimum lot area, lot width/frontage, yard and setback requirements shall not apply between buildings or development parcels within the Senior Residential Village District but shall be established by the Planning Board as part of the approval process.

  [Amended 12-4-2023 by Ord. No. 2023-12]

• B. The maximum building and structure height for any new buildings (principal or accessory), or new additions to existing buildings, shall be 50 feet, provided that setback requirements set forth herein shall be met.
• C. Dimensional setbacks shall apply between the borders of the Senior Residential Village Districts and all structures (including for accessory structures) as follows:
  • (1) From Middle Highway, any new structure of up to 35 feet in height shall be set back a minimum of 25 feet. For any structure above 35 feet in height, up to a maximum total of 50 feet in height, such new structure shall be set back a minimum of an extra three feet for every foot of additional height above 35 feet. For example, a forty-foot-high structure would require a minimum setback of (25+15=) 40 feet, and a fifty-foot-high structure would require a minimum setback of (25+45=) 70 feet.
  • (2) From any property in the R-10 Zoning District, any new structure of up to 35 feet in height shall be set back a minimum of 20 feet. For any structure above 35 feet in height, up to a maximum total of 50 feet in height, such new structure shall be set back a minimum of an extra three feet for every foot of additional height above 35 feet. For example, a forty-foot-high structure would require a minimum setback of (20+15=) 35 feet, and a fifty-foot-high structure would require a minimum setback of (20+45=) 65 feet.
  • (3) From any property in the R-25 Zoning District, any new structure of up to 35 feet in height shall be set back a minimum of 25 feet. For any structure above 35 feet in height, up to a maximum total of 50 feet in height, such new structure shall be set back a minimum of an extra three feet for every foot of additional height above 35 feet. For example, a forty-foot-high structure would require a minimum setback of (25+15=) 40 feet, and a fifty-foot-high structure would require a minimum setback of (25+45=) 70 feet.
  • (4) From any property in a neighboring municipality, any new structure of up to 35 feet in height shall be set back a minimum of the rear yard setback distance for the zoning district in such municipality. For any structure above 35 feet in height, up to a maximum total of 50 feet in height, such new structure shall be set back a minimum of an extra three feet for every foot of additional height above 35 feet.
• D. Dimensional setbacks shall apply between the borders of the Senior Residential Village District and all accessory parking spaces as follows:
  • (1) From Middle Highway, accessory parking shall be set back a minimum of 25 feet.
  • (2) From any property in the R-10 Zoning District, accessory parking shall be set back a minimum of 20 feet.
  • (3) From any property in the R-25 Zoning District, accessory parking shall be set back a minimum of 25 feet.
  • (4) From any property in a neighboring municipality, accessory parking shall be set back a minimum of the rear yard setback distance for the zoning district in such municipality.
• E. The maximum building lot coverage shall be 35%. The maximum impervious surface coverage shall be 60%.

[Added 9-11-2017 by Ord. No. 2017-13]

The following requirements shall be applied to the review of applications for development in the RBF District. Where a special use permit application is being reviewed, the Zoning Board shall consider these criteria as part of their approval and may condition their approval on the applicant adequately addressing them.

• A. Convertible spaces are subject to the following development standards:
  • (1) First-floor convertible spaces shall have a minimum floor-to-floor height of 13 feet.
  • (2) Any convertible space must demonstrate through the special use permit process how the following issues will be addressed:
    • (a) Building codes for fire separation between uses on the first floor and elsewhere in the building shall be met.
    • (b) Structures allow first-floor spans appropriate for commercial uses.
    • (c) Mechanical and plumbing systems shall have enough room to allow changes, as needed, for commercial or residential uses without disrupting the occupied spaces in the building.
    • (d) A transition space shall be designed from the street to the building to provide privacy for people living on the first floor while still being usable for commercial purposes in the future.
    • (e) First-floor convertible space shall be accessible to individuals who may be mobility impaired, including those using wheelchairs and walkers.
    • (f) Front windows may be of a residential scale, and do not have to comply with § 200-86, Performance standards, of the Town's land development and subdivision regulations (related to window placement and transparency).
    • (g) For existing buildings that would like to be considered as convertible spaces and that front on interior driveways or parking areas, up to 100% of first-floor area may be used strictly for residential purposes.
    • (h) For existing buildings that would like to be considered as convertible spaces and that front on a public street, at least 50% of the first-floor area must be redeveloped as convertible space.
    • (i) All electrical systems must meet the standards for commercial development.
    • (j) All HVAC systems should be capable of serving commercial development with minimal alteration.
• B. Live-work spaces located on the first floor are subject to the development standards for first-floor business establishments as follows, and to any additional standards for first-floor business establishments provided in this zoning chapter:
  • (1) First-floor live-work spaces shall have a minimum floor-to-floor height of 13 feet for new construction. This shall not apply to those buildings existing as of the date this section is adopted, including residential homes converting to live-work space.
  • (2) Individual live-work units shall not exceed 1,500 square feet gross floor area for the combined commercial and accessory residential space.
• C. Open Space. Areas not covered by buildings, driveways, parking, utilities, and other essential development features shall be landscaped and designed to accommodate pedestrians and/or bicyclists. Pedestrian connections between properties, bicycle amenities, sitting areas, gathering spaces, art installations, shade trees, and other features that will increase streetside activity are highly encouraged.

[Added 5-2-2022 by Ord. No. 2022-7]

• A. This article sets forth comprehensive standards governing the short-term rental of a dwelling unit and establishes requirements and enforcement mechanisms intended to encompass and regulate all persons engaged in the business of short-term rentals, including without limitation, property owners, property managers, leasing agents, and platforms that facilitate short-term rentals.
• B. This article is adopted to support the economic opportunity created by short-term rentals, create a level playing field for all parties engaged in the business of providing lodging, ensure the sufficient collection of tax revenue, mitigate the disruptive effects that unmonitored short-term rentals can have on neighborhoods, and protect the livability and quality of life in the Town of Barrington's residential neighborhoods.

The following definitions apply in this section in addition to the generally applicable definitions in § 185-5:

BEDROOM — Is defined as "sleeping room" as set forth in the current version of the Rhode Island Building Code SBC-1.

BOOKING TRANSACTION — Any contractual agreement between a guest and an owner relative to a short-term rental.

GUEST — Any person who occupies a dwelling unit pursuant to a short-term rental.

SHORT-TERM RENTAL — The use and enjoyment of a dwelling unit, or any portion thereof, by guests for a period of less than 30 consecutive days, in exchange for money, commodities, services, or other performances. Hotels, motels, and bed-and-breakfasts are not considered to be short-term rentals.

• A. Occupancy. The maximum occupancy for a dwelling unit subject to a short-term rental booking transaction shall be two persons per bedroom. The maximum occupancy may be further limited by the requirements of Subsection B below. For the purpose of establishing occupancy, a person is defined as an individual at least 12 years of age; provided however, that in no event shall exceed one occupant per 200 gross square feet.
• B. Parking. One off-street parking space shall be provided on the same lot on which the short-term rental is located for every two short-term rental guests which the host advertises the dwelling may accommodate. Where the number of parking spaces required by this section cannot be provided on site, the permitted occupancy of the dwelling shall be reduced to conform to the available amount of off-street parking. All parking spaces required hereunder shall be paved or crushed stone.
• C. Rental with owner occupancy. If the record owner occupies the dwelling during the short-term rental period, two additional spaces are required per unit.

• A. The record owner of any property engaged in a short-term rental booking transaction shall register with the Barrington Police Department and provide the contact information of an individual who is able to respond within a reasonable period of time from being notified to any issues or emergencies that arise during the short-term rental. Contact information must include a mobile cell phone number that is active 24 hours per day and an email address.
• B. The local contact must be authorized by the record owner to respond to tenant and neighborhood questions or complaints regarding the use of the dwelling for short-term rentals. The local contact shall respond to those complaints to ensure that the use of the dwelling complies with the requirements of this chapter, as well as other applicable Town ordinances pertaining to parking, noise, disturbances, or nuisances, as well as state law pertaining to the consumption of alcohol and/or the use of illegal drugs.
• C. The record owner of any property engaged in a short-term rental booking transaction shall maintain a record of the number of days and dates of occupancy, in for the past three calendar years, which the dwelling was occupied by short-term renters, and the occupancy of each such booking. Record owners should provide these upon request to the Town Clerk.
• D. The failure to comply with the above requirements, as well as the failure of the local contact to respond to Barrington Police Department inquiries, shall be considered a violation of this chapter.

• A. All booking transactions entered into before the passing of this article shall be allowed as a preexisting nonconforming use pursuant to Article IX of the Zoning Ordinance. All booking transactions entered into after the passage of this article shall not be considered preexisting nonconforming uses and shall be subject to the provisions herein.