City of East Providence Zoning Ordinance

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutter means one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

Accessory dwelling unit (ADU) means a residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multifamily 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.

Accessory structure means a structure located on the same lot as a principal use but separate from the principal building and devoted or intended to be devoted to an accessory use. The accessory structure shall not be located between the public right-of-way and the principal use and said accessory structure shall be no greater than 50 percent of the gross floor area of the principal use.

Accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building, which shall be located on the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be subordinate to the principal use served.

Adaptive reuse means the conversion of an existing structure from the use for which is was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.

Administrative officer means the municipal official who shall administer the land development and subdivision review regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer is the director of the department of planning and economic development or his or her designee.

Aggrieved party means:

• • (1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or

  • (2) Anyone requiring notice pursuant to this chapter.

Agricultural land means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.

Amusement game center means any structure or portion thereof within which are kept for use as games, entertainment or other public patronage, four or more amusement game machines or devices as defined in this section.

Amusement game machine means a mechanical, electrical, or electronic machine or device which shall be ready for play by the insertion of a coin or by the payment of a fee, and may be operated by the public for use as a game, for entertainment, or for amusement. It shall include, but not be limited to, such devices as pinball machines, game machines, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

Amusement park means an activity devoted to entertainment through the medium of rides, games, shows, attractions and other similar activities presented either in the open or within structures and buildings together with public dance in dance halls, refreshments in refreshment stands and dining in dining and shore dinner halls, all of which are an integral part of the park.

Applicant means an owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

Application means 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.

Automotive commercial parking garage means a structure used primarily for the storing or parking of motor vehicles.

Automotive repair shop means a structure sheltering the activities of heavy or major motor vehicle repairs, rebuilding and painting.

Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.

Bed and breakfast means a small lodging establishment that offers overnight accommodation and inclusive usually of breakfast only, typically private homes offering accommodation with fewer than ten bedrooms available for commercial use. This is not to be considered as the allowable accessory use for a residential district regarding the rental of a room pursuant to section 19-171, accessory uses.

Billboard means any sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises where the sign is located.

Black box theater (or experimental theater) means a simple, typically unadorned performance space, usually a large square room with black walls and a flat floor, usually home to plays or other performances with very basic technical arrangements.

Board means the zoning board of review.

Buffer means 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.

Build-to-line is a means to define the street frontage and pedestrian areas by mixed use and commercial buildings generally built to property lines at the edge of right-of-way (back of sidewalk) or to other accessible public area, e.g., in a "Main Street" manner.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building envelope means 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 height means 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, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA 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 one-hundred-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• • (1) 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

  • (2) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one-hundred-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

The limitation of height of buildings and structures in section 19-145 shall not apply in any district to churches and other places or worship, religious institutions and public or private schools or ornamental features of buildings which are in no way used for living or advertising purposes or to chimneys and ventilators ten feet or less above the peak of the roof.

Building volume means the volume of a building measured from its exterior dimensions including all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof, i.e., meaning building mass, the height, width, and depth of a structure.

Business/technology development means one or more lots, tracts or parcels of land in a business/technology floating zone district totaling no less than three acres which are planned, developed or redeveloped, and operated as an integral facility for a number of separate buildings and supporting ancillary uses with more than 100,000 square feet of gross floor area, with special attention given to circulation, parking, utility needs, aesthetics and use compatibility.

Café means a restaurant serving coffee and other beverages along with baked goods or light meals.

Cellar means the portion of the building partly underground, having half or more than half its clear height below the average grade of the adjoining ground.

Cemetery means land used for the interment of the dead and dedicated for cemetery purposes including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cluster means 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 sensitive features and/or structures. Under cluster development there is no increase in the number of lots or dwelling units permitted under conventional development except where this chapter provides incentive bonuses for certain types of conditions of development.

Cluster development means a contiguous area or lot with a land area of five acres or more to be developed as an integral residential unit according to a plan containing primarily clusters of residential structures, common open space, and other associated permitted uses primarily for the benefit of the residential development.

Cluster development district means a floating zone district imposed upon the city zoning map which permits a residential cluster development.

Coastal feature means any coastal beach, barrier island or spit, coastal wetland, coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by the coastal resources management program, and as may be amended.

Commercial educational institutions means any profit-making institution such as secretarial and business schools, technical institutes, colleges, schools, commercial colleges and other similar educational organizations or institutions.

Common ownership means ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots, or ownership by any association (such ownership may also include the city) of one or more lots under specific development techniques.

Community residence means 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:

• • (1) Whenever six or fewer children or adults with mental, intellectual, or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L. 1956, § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences;

  • (2) 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 R.I.G.L. 1956, § 40.1-24-1 et seq.;

  • (3) 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 R.I.G.L. 1956, § 42-72.1-1 et seq.;

  • (4) 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 for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to state statutes and to which any zoning adopted pursuant to this act shall be in compliance.

Container means a large standard size cargo enclosure into which cargo may be packed for shipment aboard specially configured ocean-going vessels and designed to be easily interchangeable between the three basic modes of transportation: waterborne vessels, truck and rail. For purposes of this definition, railroad cars are not classified as containers.

Container terminal means an area including buildings, loading and unloading facilities and open areas for the storage and handling of containers.

Co-worker space means a shared working environment, often an office, but that houses independent activities, and those co-working are usually not employed by the same organization.

Cultural activity means any nonprofit or for profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor art as an accessory use, such as a curated mural, provided that said outdoor art does not serve as a sign.

Data processing center means 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 means any other day care center which is not a family day care home.

Day care/family day care home means 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 means calendar days.

Density, residential or residential density means the number of dwelling units per unit of land.

Design studio means a workplace for designers and artisans engaged in conceiving, designing, and developing new products or objects. Definition does not include large scale manufacturing of products.

Development means 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 means design or site plan review of a development of a permitted use under limited circumstances to encourage development to comply with design and/or performance standards under specific and objective guidelines, for the following categories of developments:

• • (1) A change in use at the property where no extensive construction of improvements is sought.

  • (2) An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.

  • (3) An adaptive reuse project located in a residential zone that results in less than nine residential units;

  • (4) Development in a designated urban or growth center; or

  • (5) Institutional development for educational or hospital facilities.

Development plan review applications are formal or administrative as detailed in both Article viii of this chapter and in the land development and subdivision review regulations.

Development regulation means zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control plan or any other governmental regulation of the use and development of land.

Digital sign means a sign that features static images that change over a period of time not to exceed once every ten seconds and are used to advertise to consumers in a public place(s), including to those in private automobiles.

A digital sign and an electronic message center shall be considered synonymous terms.

Disability means, with respect to an individual:

• • (1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

  • (2) A record of such impairment; or

  • (3) Being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under [R.I.G.L. 1956,] Chapter 42-87, Civil Rights of People with Disabilities, because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity;

  • (4) An impairment under this section shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six months or less.

Drainage system means 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 groundwaters; and the prevention and/or alleviation of flooding.

Drive-through facility means a commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is served without exiting the vehicle. This shall not include establishments engaging in the retail sale of alcoholic beverages; gasoline filling station which is defined separately nor the necessary functions of a carwash facility such as vacuum cleaning stations.

Dry-bulk cargo means materials such as, but not limited to, cement, ash, salt or other loose or particulate matter which through their handling or storage have the potential to disperse or generate fugitive dust or other emissions.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels, motels, lodginghouses, trailers or structures solely for transient or overnight occupancy.

Dwelling unit means 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 which may be located off a shared common space.

Easement means an interest in land created by grant or agreement express or implied, which confers a right upon the owner (grantee) thereof to some profit, benefit, dominion or lawful use out of or over the estate of another.

Electronic vehicle charging station means a public or private parking space(s) that is (are) served by battery changing equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

Emergency shelter means a structure or portion of a structure or building above or below the ground, so constructed as to provide protection to human life during periods of nuclear fallout or blast overpressure and meeting the requirements and restrictions of the city director of civil defense.

Environmental constraints means 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.

Extractive industry means 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.

Façade means all the wall planes of a structure as seen from one side or view and containing the walls, fascia, windows, doors, and canopy on any building elevation. For example, the front façade of a building would include all such areas that would be shown on the site and building plans for the front elevation.

Family member means 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 means the raising and keeping of cattle, horses, sheep, goats or poultry, but not hogs or fur animals, and the growing of all agricultural products and eggs, provided that buildings or structures used wholly or in part for the keeping or raising of livestock or poultry shall be located a minimum of 100 feet from the nearest adjoining lot or property line.

Fencing establishment means a business or organization which offers training and/or competition in the sport of fencing.

Floating zone means 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.

Flood maps means the official flood insurance rate maps and flood boundary and floodway maps of the city, Nos. 445398 0001 through Nos. 445398 0008 inclusive, revised June 1, 1983, as published by the federal insurance management agency, including any subsequent amendments officially adopted. The areas of special flood hazard, including all A and V zones, and the floodways as shown on the maps shall be considered an overlay district to the city zoning maps and shall be subject to the restrictions of section 19-306 as amended, in addition to any provisions applicable to the existing zoning district.

Floodplains, or flood hazard area means an area that is subject to a flood from a storm having a one percent chance of being equaled or exceeded in any given year, as approved by federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. § 4011 et seq.

Floodproof means to utilize any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings. For the purposes of this chapter, the latest published floodproofing regulations prepared by the U.S. Army Corps of Engineers may be applied at the discretion of the city engineer to determine the floodproofing measures and techniques to be required and employed.

Floor area, gross. See Rhode Island State Building Code.

Freeboard means a factor of safety expressed in feet above the base flood elevation for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Front lot line. See Lot line, front.

Fur animal means any animal usually kept and raised for the use and sale of its skin or fur.

Gallery means a building or space for the exhibition of art, usually visual art. Paintings are the most commonly displayed art objects. However, sculpture, decorative arts, furniture, textiles, costume, drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation art are also shown. Gallery space is sometimes used to host other artistic activities, such as performance art, music concerts, or poetry readings.

Gasoline filling station means a building, structure or premises where motor vehicular fuel is stored for sale to the public and where other sales activities and any other repairs which are minor in scope and subordinate to the sale of motor vehicular fuel, oil, and lubricants are carried on. Vehicle body repair, painting, major mechanical repair and motor vehicle sales, leasing or storage of unregistered vehicles are prohibited.

Governing body means the body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

Grade means a reference plane representing the average finished ground level at the front of the building. Front of the building may be determined by the street address, and shall be done in consultation with the building inspector. Where the finished ground level slopes away from the front of the building, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a point five feet from the building.

Groundwater means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.

Hardship means as defined in division 2 board of review, sections 19-36 through 19-55 of this chapter.

Hazardous waste means any waste or combination of wastes of a solid, liquid, contained gaseous or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

• • (1) Cause, or insignificantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or

  • (2) Pose a substantial present or potential hazard to human health or the environment.

Such wastes include, but are not limited to, those which are toxic, corrosive or flammable, or irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction. In addition, such wastes include "industrial waste" as such term is used elsewhere in the state statues, as amended, unless the context shall clearly indicate otherwise. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq. of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are heretofore incorporated in this definition.)

Hazardous waste disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq., of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Hazardous waste management facility means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility at which such activities occur and where waste has been generated. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Heavy manufacturing means the manufacture or compounding of raw materials, and associated fabricating, packaging, distribution, and assembling, which shall be in conformance with sections 19-336 through 19-345.

Helistop means any private landing 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 helistop for the purposes of picking up and discharging of passengers or cargo, but not including fueling, repair or service facilities. The term helistop shall include, but not be limited to helipad, touchdown area, takeoff area, landing area, peripheral area and helicopter landing facility.

Higher educational institution means any university, college, junior college or similar public or nonprofit private educational organization or institution for post high school training.

Historic district or historic site means 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 has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to state statutes.

Historical or cultural resource means 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 § 42-45-5 or is located in a historic district established by a municipality in accordance with chapter 24.1 of this title, Historic Area Zoning.

Home occupation means an activity customarily carried out for gain by a resident, and conducted as an accessory use in the resident's dwelling unit, and as further provided for in section 19-171.

Hospital means an institution providing health services primarily for human inpatient medical, surgical, or therapeutic care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Hotel means a building or buildings where temporary lodging is provided and offered to the public for compensation and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use.

Household means 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:

• • (1) A family, which may also include servants and employees living with the family; or

  • (2) A person or group of no more than five unrelated persons living together, but not more than one person per bedroom, as distinguished from persons occupying a boardinghouse, lodginghouse, club, motel or hotel. The maximum number shall not apply to NARR-certified recovery residences.

Impact assessment means a concise report which accomplishes the following: Evaluates the positive and negative and direct and indirect impacts of a development or redevelopment project on the natural and manmade environment; and proposes reasonable measures to mitigate the impacts identified.

Improvement means any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement guarantee means a security instrument accepted by the city to ensure that all improvements, facilities, or work required by these regulations, or required as a condition of approval, will be completed in compliance with the approved plans and specifications.

Incentive zoning means the process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

Incubator means a business company that helps new and startup companies to develop by providing services such as management training or office space, including co-working space. Business incubators differ from research and technology parks in their commitment to startup and early-stage companies.

Industrial trade schools means institutions dedicated to the instruction of trades such as, but not limited to, automotive repair, marine repair and heavy equipment repair and operation.

Infrastructure means facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.

Junk materials means materials such as, but not limited to, scrap metal, unbaled scrap or waste paper, slag, sludge, or garbage or other materials which have the potential to present noxious odors.

Kiosk, free stating exterior means a freestanding exterior structure of less than 500 square feet for drive-up or walk-up window services or retail sales.

Land means real property including improvements and fixtures on, above, or below the surface.

Land development project means 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, as provided for in this chapter and in the City of East Providence's Land Development and Subdivision Review Regulations. Land development projects are categorized as Major or Minor land development projects as detailed in both Article V of these regulations and in the Land Development and Subdivision Review Regulations.

Land use regulation means any governmental agency authorized by this chapter to exercise the power granted by this chapter.

Large-scale ground-mounted solar photovoltaic facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity per panel of 250 kW DC or more.

Limited manufacturing means the manufacturing, compounding, assembly, packaging, or fabrication of materials and products, with no outdoor storage, and in conformance with sections 19-336 through 19-345. Included in this category are: the manufacturing of advertising display, models and patterns; apparel and other finished products made from fabrics and similar materials; business machines; camera and photographic equipment; caskets; ceramic products; cosmetics and toiletries; electrical appliances; electronic equipment; emblems and badges; fasteners; food; games and toys; laboratory, scientific and engineering instruments; precious metal and costume jewelry; musical instruments; medical appliances and instruments; packaging products; paper products (but not the manufacture of paper from pulpwood), plastic products (but not the processing of raw materials); pharmaceuticals or optical goods; printing, publishing, engraving; sporting and athletic goods (including bicycles); tools or hardware; watches and clocks; writing instruments; and other similar products. A machine shop is included in this category.

Limited metal reclamation means the salvaging and reclamation of used metals of all types when carried on in a completely enclosed building without outside storage of any kind.

Liquid-bulk cargo means materials such as, but not limited to, petroleum products, liquefied natural gas or liquid chemical products, which, through their handling or storage, have the potential to cause environmental damage through spillage, dispersal, or leaching into the ground, groundwater or air, or damage due to explosion or fire.

Live entertainment means any activity performed live or any activity having amplified recorded sound or amplified electronic musical instruments including, but not limited to, musical bands, musical instruments, musical soloists, comedians and disc jockeys. For purpose of this definition, juke boxes and screen television entertainment are not regulated as live entertainment.

Live/work space means a building or spaces within a building used for commercial activities and areas for residential/living purposes where two-thirds or 67 percent of the unit is dedicated for residential purposes. Examples of acceptable live/work space are live-work units of insurance and financial offices, artists, boutiques, small antique shops, dance studios, personal trainers, and consultants of various type. Said business shall be of no or low impact to neighbors, and the unit shall be to be required to be occupied by the business owner.

Living space means the total floor areas of rooms used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, lavettes, laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces and any area with less than five feet of clear headroom under sloping ceilings, garages, breezeways, courts, porches, basements and cellars.

Lot means the basic unit for determination of lot area, depth, and other dimensional regulations; or 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 title transfer. Substandard lots of record shall be subject to the lot merger provisions of this chapter as defined in sections 19-131 through 19-133.

Lot area means the total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet, subject to the usable lot area provisions of this chapter as defined in this section.

Lot building coverage means that portion of the lot that is or may be covered by buildings and accessory buildings. This shall be expressed as a percent and shall express the proportion of the usable lot area that is or may be covered by the total maximum horizontal cross section of any building. For the purposes of this chapter, swimming pools shall not be considered in the measurement of lot building coverage as an accessory use in a residential district.

Lot, corner or corner lot mean lots which abut on and at the intersection of two or more streets and/or road rights-of-way.

Lot depth means the distance measured from the front lot line to the rear lot line; the distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.

Lot frontage means that portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.

Lot line means 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:

• • (1) Lot line, front or front lot line mean the lot line separating a lot from a street right-of-way. Corner and through lots are subject to the provisions of section 19-141.

  • (2) Lot line, rear or rear lot line mean the 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 ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Irregularly shaped lots are those which the zoning officer determines do not have a readily apparent rear lot line, which meets the intent of this chapter. In the event that the front property line of an irregularly shaped lot line is a curved line then the rear property line shall be assumed to be a line not less than ten feet long, lying entirely within the lot and parallel to a line tangent to the front lot line at its midpoint. The rear lot line for corner and through lots shall be as determined under section 19-141.

  • (3) Lot line, side or side lot line mean any lot line other than a front or rear lot line. Side lot lines for corner and through lots shall be as determined under section 19-141.

Lot, through or through lot mean 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 means 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. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.

Manufactured home means the same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under chapter 70 of Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.

Manufactured home court means a parcel of land which has been planned for the placement of two or more manufactured homes.

Manufactured home lot means a designated site within a manufactured home court for the exclusive use of the occupants of a single manufactured home.

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Marina means 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 and sleeping and excluding major overhaul and repair, winter storage, boat sales and yacht clubs.

Massage therapist means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning that is approved by the Commission on Massage Therapy Accreditation (COMTA) or an equivalent academic and training program meeting the requirements of the Rhode Island Department of Health as stated in their rules and regulations for licensing massage therapists as approved by the director, other than a correspondence course which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology, hygiene and professional ethics, pursuant to the statutory provisions. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Massage therapy means the practice of massage by a licensed massage therapist using a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

Massage therapy establishment means an establishment approved and otherwise regulated by the licensing agency, which is the State of Rhode Island Department of Health, operating in conformance with all pertinent rules and regulations of the State of Rhode Island and all city ordinances and license requirements. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Mixed use means a mixture of land uses within a single development, building, or tract.

Modification means permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance of the city or town, but not to exceed 25 percent of each of the applicable dimensional requirements.

Motel means a building intended and designed for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.

Multifamily dwelling means a development on a lot intended and designed to be occupied by three or more dwelling units. Multifamily includes three-family (three dwelling units on a lot) dwellings.

Neighborhood center means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public, that provides linkages to nearby neighborhoods, civic and/or open space/park properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center shall provide a location for consumers to arrive and depart by public transit, such as by the provision of a bus shelter. A neighborhood center may only be developed on lots of no less than 50,000 square feet. The inclusion of a feature such as a gazebo, garden, art, etc. to provide consumers with an attractive amenity is encouraged.

Nonconformance means 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 thereof. Nonconformance shall be of only two types:

• • (1) Nonconformance by use means a lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use.

  • (2) Nonconforming by dimension means a building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use, a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Open space means 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 means the storage outside of a completely enclosed structure, of any commodity, equipment, supplies, material, or substance related to a business or industrial use.

Outdoor retail—accessory means retail activity that takes place in an open lot, tent, trailer, motor vehicle, enclosure or structure that is not permanently affixed to the land.

Overlay district means a district established by 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 means the owner of record as recorded in the records of land evidence in the city.

Parcel means 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.

Parcel distribution center means a building devoted to the receiving, sorting, overnight storage and delivery of small parcels not exceeding 50 pounds in weight.

Parking area means 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 means a set of criteria or limits relating to elements which a particular use or process either must or may not exceed.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Permitting authority means 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 means any activity such as a barber or beauty shop, clothes cleaning pick up or pressing establishment, dressmaking or tailoring service, self-service laundry or dry cleaning, shoe repair, home appliance repair or any similar activity.

Persons with disabilities or member or members with disabilities means a person or persons having a physical or mental impairment which substantially limits one or more major life activities as defined in R.I.G.L. 1956, § 34-37-3. Disability does not include current illegal use of or addiction to a controlled substance.

Phased development means development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

Physical constraints to development means 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 means any type of auditorium, theater, stadium, assembly hall, exhibition or convention hall, publicly supported and maintained sports arena, gymnasium, swimming pool and other similar place of assembly.

Planned development means a land development project as defined in this section and developed according to a plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Portable storage container means any self-storage container larger than 350 cubic feet designed for temporary storage of household goods, personal property and other items which is typically rented to owners or occupants of real property for their temporary storage use and which is delivered and/or removed by truck trailer, and which shall be no larger than 20 feet in length, eight feet in width and eight and one-half feet in height.

Preapplication conference means 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.

Premises means a lot or contiguous group of lots or parcel of land, together with all buildings, structures and uses thereon.

Property owners' association means the designated, private, nonprofit corporation of tenants-in-common set up by a developer with local government approval. Its purpose shall be to own, operate, and maintain various common properties that may exist as part of a land development project, or other common property ownership covenants. Title to common property is held by the corporation. Membership runs with the land, which means that a homeowner is automatically a member of the association.

Public improvement means any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the city or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon acceptance by the city.

Public utility means 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 and subject to federal, state or city regulations by virtue of its natural or legal monopoly.

Rated nameplate capacity means the maximum rated output of electric power production of the photovoltaic system in direct current (DC).

Rear lot line. See Lot line rear.

Religious institution means any church or other place of worship, and any convent, monastery, seminary or similar religious institution.

Reserve parking area for business/technology development means a portion of a business/technology development as defined in this section, and more particularly described in section 19-370, up to a maximum of 15 percent of the total number of off-street parking spaces as required by this chapter, being held in reserve as a landscaped area under a binding covenant running with the land between the city and the property owner/developer until such time as the zoning officer and/or the property owner, in consultation with the director of planning, deems that construction of the reserve parking spaces is required.

Restaurant means a building or premises where food and beverages are served to persons inside a building, sitting down at tables or a counter with no service window or facilities for service outside the building.

Seat means space for one person to sit on.

Setback line or lines means 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.

Short-term rental means the offering of or occupancy or use of, all or portions of a dwelling unit by anyone other than the owner for a fee for a period of fewer than 28 consecutive calendar days.

Side lot line. See Lot line, side.

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixture or placement of a structure on any land or on any other structure or produced by painting, posting or placing any printed, pictured, figured or colored material on any building, structure or surface; provided however that signs placed or erected by the city or state for municipal or governmental purposes shall not be included in this definition.

Single-family dwelling means development on a lot intended and designed to be occupied by one dwelling unit.

Single ownership means an undivided ownership by one person, a corporation or by several persons, whether the tenancy be joint, in common or by entirety.

Site plan means the development plan for one or more lots on which is shown the existing and/or proposed conditions of the lot.

Slope of land means the grade, pitch, rise or incline of the topographic landform or surface of the ground.

Solar energy device means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced for a nonrenewable resource. Such shall include photovoltaic arrays and installations that utilize ground-mounted systems.

Solid waste means garbage, refuse, and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural services but does not include hazardous waste as defined in the Hazardous Waste Management Act, chapter 19.1 of title 23 of the General Laws of the State of Rhode Island. For purposes of this chapter, solid waste shall also include asphalt, concrete, Portland cement, and waste and scrap tires.

Solid waste management facility means any plant, structure, equipment, and/or real or personal property operated for the receipt, storage, treatment, utilization, processing, or disposal of solid waste.

Special use means a regulated use which is permitted pursuant to a special use permit issued by the zoning board of review pursuant to state statutes, and which was formerly referred to as a special exception.

Sportsmen's club means a club whose primary purposes are conservation, hunting or fishing, and may include an indoor and/or outdoor gun range.

Stacking lane means an area of stacking spaces and driving lane provided for vehicles waiting for drive-through service, that is physically separated from other traffic and pedestrian circulation on the site.

Storm water detention means a provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Storm water retention means a provision for storage of stormwater runoff.

Story means that portion of a building between the upper surface of any floor and the upper surface of any floor next above having more than one-half 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 ten feet of building height shall be counted as one story.

Street means a public or private thoroughfare 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 means 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 means 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, cul-de-sac means the terminus of a local street that has only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

Street, limited access highway means 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 such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Street, private means a thoroughfare established as a separate tract for the benefit of multiple adjacent properties and meeting specific City improvement standards. This definition shall not apply to driveways.

Street, public means all public property reserved or dedicated for street traffic under these regulations.

Street, right-of-way means the entire area to be dedicated for street use, including the pavement or travel surface, and the areas on both sides of the pavement or travel surface that may be reserved for installation of sidewalks, utilities, drainage improvements or other purposes.

Street, stub means a portion of a street reserved to provide access to future development, which may provide for utility connections.

Street classification means 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. The major classifications are as follows:

• • (1) Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volume of traffic.

  • (2) Collector. A street whose principal function is to carry traffic between local streets and arterial streets, but that may also provide direct access to abutting properties.

  • (3) Local. Street whose primary function is to provide access to abutting properties, including minor and marginal access streets.

Structure means 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. For the purpose of this chapter, such objects as bulkheads, stairs, fences, flagpoles, retaining walls, fireplaces or similar objects shall not be considered to be structures.

Subdivision means 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 shall be considered a subdivision. The approval of a subdivision is administered in accordance with the City of East Providence Land Development and Subdivision.

Substandard lot of record means 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.

Temporary use permit means a temporary use permit that confers a temporary privilege to operate beyond the defined permissible uses in any zoning district.

Three-family dwelling means a building intended and designed to be occupied by three households living independently in separate dwelling units.

Tourist home or lodginghouse means a building occupied by a resident family thereon with not less than three but not more than seven guest rooms where lodging with or without meals is provided for compensation.

Transit shelter means an independent structure, having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.

Two-family dwelling means a building used exclusively for occupancy by two households living independently of each other.

Unified development review means the process by which multiple applications are reviewed and decided upon concurrently in accordance with R.I.G.L. 45-23-50.1 and 45-24-46.4 and relevant sections of these regulations and the east providence land development and subdivision regulations.

Usable lot area means, for the purpose of calculating the lot building coverage on a lot pursuant to section 19-145 and for the purpose of determining multifamily unit density requirements pursuant to sections 19-217 and 19-218, the calculation of the usable lot area for a single-family residential lot shall include the entire lot without exclusions, and for all other uses, shall exclude the following:

• • (1) Lands under water measured by city datum.

  • (2) Wetlands, not including setbacks, as defined by R.I.G.L. 1956, §§ 2-1-14 and 2-1-20 and R.I.G.L. 1956, § 46-23-6(B)(3)(c).

  • (3) All streets or rights-of-way public or private, which serve or are intended to serve more than one principal building or use. Public access areas, exclusive of those located in wetlands, which shall be conveyed by easement to the city, state or other governmental entity solely or scenic or waterfront access may be included in lot area calculations.

  • (4) Lands possessing physical constraints such as, but not limited to, areas with slopes in excess of 20 percent, ledge outcrops, cemeteries, etc., which, by their nature or severity, would preclude conventional development.

  • (5) With the exception of lands located within a portion overlay district, lands located within special flood hazard areas, as defined by the Federal Emergency Management Agency's flood insurance rate map and flood boundary and flood way map, as may be amended.

Use means 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 means permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building, 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 variance or a dimensional variance. 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.

• • (1) Use variance means permission 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.

  • (2) Dimensional variance means permission to depart from the dimensional requirements of this chapter under the applicable standards set forth in R.I.G.L. § 45-24-41

Waters means the same as defined in R.I.G.L. 1956, § 46-12-1 et seq., including any subsequent amendments officially adopted.

Wetland, coastal or coastal wetland means as defined in R.I.G.L. 1956, § 2-1-14 et seq., including any subsequent amendments officially adopted.

Wetland, freshwater or freshwater wetland means as defined in R.I.G.L. 1956, § 2-1-20 et seq., including any subsequent amendments officially adopted.

Yacht club means a building and lot used as the meeting place for an association of persons united by a common interest in boating and shall include provisions for the land and water storage of marine crafts.

Yard means an open space on the same lot with a principal building or structure located between the lot lines and the minimum setback lines which is unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

Yard, front or front yard mean a required yard extending along the entire lot street frontage.

Yard, rear or rear yard mean a required yard extending along the entire rear lot line or lines.

Yard, side or side yard mean a required yard extended along the side lot line between the required front yard and the required rear yard.

Zoning means 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 certificate means a document signed by the zoning enforcement officer, as required by this chapter, 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 means 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 city.

Zoning ordinance means an ordinance enacted by the legislative body of the city pursuant to state statutes and in the manner providing for the adoption of ordinances in the city's Charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city as defined in R.I.G.L. 1956, § 45-22.2-1 et seq., which includes a zoning map, and which complies with the provisions of state statutes.

Zoning use district means 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. The districts include, but are not limited to: Agricultural, commercial, industrial, open space and residential. Each district may include subdistricts. Districts may be combined.

(Rev. Ords. 1987, § 19-1; Ch. 457, § I, 10-7-97; Ch. 53, §§ I, II, 2-3-99; Ch. 146, §§ I—III, 10-23-00; Ch. 154, § I, 1-16-01; Ch. 453, § I, 7-15-08; Ch. 470A, § I, 10-7-08; Ch. 489A, § I, 10-6-09; Ch. 506, §§ I, II, 7-20-10; Ch. 533, § II, 9-6-11; Ch. 642, § I, 3-15-16; Ch. 721, § I, 8-21-18; Ch. 765, § I, 5-5-20; Ch. 823, § I, 11-16-21; Ch. 914, § I(Att.), 12-19-23; Ch. 919, § I, 5-7-24; Ch. 944, § I(Att.), 9-2-25)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definitions, G.L. 1956, § 45-22.4-4, 45-23-32, and 45-24-31.

In accordance with state statutes, the following purposes have guided the adoption of this chapter. These purposes are recognized to have equal priority and are numbered for reference only:

• • (1) Promote the public health, safety, and general welfare.

  • (2) Provide for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs.

  • (3) Provide for orderly growth and development which recognizes:

    • a. The goals and patterns of land use contained in the comprehensive plan of the city adopted and amended thereafter pursuant to G.L. 1956, § 45-22.1-1 et seq.;

    • b. The natural characteristics of the land including its suitability for use based on soils characteristics, topography, and susceptibility to surface water or groundwater pollution;

    • c. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

    • d. The values of unique or valuable natural resources and features;

    • e. The availability and capacity of existing and planned public and/or private services and facilities;

    • f. The need to shape and balance urban and rural development; and

    • g. The use of innovative development regulations and techniques.

  • (4) Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

  • (5) Provide for the protection of the natural, historic, cultural, and scenic character of the city or town or areas therein.

  • (6) Provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space.

  • (7) Provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

  • (8) Promote 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. Provide opportunities for the establishment of low and moderate income housing.

  • (9) Provide opportunities for the establishment of low and moderate income housing.

  • (10) Promote safety from fire, flood, and other natural or manmade disasters.

  • (11) Promote a high level of quality in design in the development of private and public facilities.

  • (12) Promote implementation of the city comprehensive plan adopted pursuant to R.I.G.L. 1956, § 45-22.2-1 et seq.

  • (13) Provide 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 municipal boundaries or have a direct impact on that municipality.

  • (14) Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.

  • (15) Provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits and development plan review.

  • (16) Provide for the creation of land development projects with a review procedure outlined in the land development and subdivision review regulations.

  • (17) Providing opportunities for reasonable accommodations in order to comply with the state Fair Housing Practices Act (chapter 37 of title 34), the US Fair Housing Amendments of 1988 (FHAA), the state Civil Rights of Individuals with Handicaps Act (chapter 87 of title 42), and the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. section 12101 et seq.).

(Rev. Ords. 1987, § 19-2; Ch. 198, § I, 2-19-02; Ch. 914, § I(Att.), 12-19-23)

The city council shall have the power to adopt, amend or repeal and to provide for the administration, interpretation and enforcement of this zoning ordinance. The districts and regulations contained in this chapter are made in accordance with the city comprehensive plan as adopted and amended, in accordance with the state statutes. These regulations are adopted in order to implement the goals of the city comprehensive plan with regard to general land use throughout the city and suitable development. In instances of uncertainty in the construction or application of any section of this chapter, the ordinance 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 such comprehensive plan.

(Rev. Ords. 1987, § 19-3)

All buildings or structures hereafter erected, reconstructed, altered, enlarged or moved and all uses of premises or land in the city shall be in conformity with the provisions of this chapter, and no building, structure, premises or land shall be used for any purpose or in any manner other than what is permitted in the district in which such building, structure, premises, use or land is located except as hereinafter provided. Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited.

(Rev. Ords. 1987, § 19-4)

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2) ---

Cross reference— Administration, ch. 2.

State Law reference— Administration and enforcement of zoning ordinances, G.L. 1956, § 45-24-54 et seq.

• (a) The provisions of this chapter shall be enforced by the zoning officer, unless otherwise specified, who shall be appointed by the mayor. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the zoning officer.

• (b) The zoning officer shall:

  • (1) Issue zoning certificates and zoning permits;

  • (2) Review and approve for zoning compliance, building permits and certificates of occupancy;

  • (3) Collect required fees for variances, modifications (which shall be the same filing fee as variance petitions), special use permits, and appeal applications;

  • (4) Receive and review for proper form, all applications for variances, special use permits, and appeals, and, as per section 19-45(c), shall have authority to administratively approve modifications from the dimensional standards of section 19-145 for structures, except for the moving of lot lines, provided the deviation is not more 25 percent, and further provided that the zoning officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Should written objection be received by the zoning officer or if the zoning officer cannot make the required determinations of section 19-45(c), the application shall be considered a variance request, which may only be granted by the zoning board of review or planning board under unified development review through the standard procedures for variances in chapter 19, Zoning;

  • (5) Transmit all applications to the zoning board of review, department of planning and urban development, and planning board as specified in this chapter;

  • (6) Prepare the calendar of the zoning board of review in compliance with the board's adopted rules of procedure, and include notice of any modifications granted on the agendas of the zoning board of review;

  • (7) Keep records on compliance of uses of land;

  • (8) Inspect suspected violations and issue violation notices in cooperation with the law department.

• (c) Upon written request the zoning officer shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the zoning officer on issues of compliance, applicability and interpretation of this chapter. This response must be issued within 15 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

• (d) When in the opinion of the zoning officer it is necessary or when required by this chapter, the zoning officer shall seek technical assistance or approval from other city officials in the administration of this chapter. Such technical assistance or approval, unless otherwise specified, may serve in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this chapter shall be deemed null and void.

• (e) Actions and decisions of the zoning officer may be appealed to the zoning board of review in accordance with section 19-51.

• (f) Minimum qualifications for the zoning officer shall include: Graduation from a recognized college or university with a bachelor's degree in planning or closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a masters degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.

(Rev. Ords. 1987, § 19-5; Ch. 470A, § II, 10-7-08; Ch. 506, § III, 7-20-10; Ch. 877, § I, 6-6-23; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Printed copies of this chapter and zoning map of the city shall be available to the general public and shall be revised to include all amendments as set out in sections 19-71 through 19-77. A reasonable charge shall be made for copies to reflect printing and distribution costs. The city clerk shall be responsible for providing these copies and collecting fees.

• (b) Upon publication of a zoning ordinance and zoning map and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the state, and the state law library.

(Rev. Ords. 1987, § 19-6)

• (a) The city clerk shall be the custodian of the zoning ordinance and zoning map created thereunder. In addition the city clerk shall be responsible for maintaining and updating the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes and changes to the text shall be included in the zoning ordinance within 30 days of such authorized changes.

• (b) In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the zoning map until the zone change has become effective.

• (c) It shall be the responsibility of the city clerk to receive, in proper form, petitions for amendments or repeals to the zoning ordinance and/or amendments to the zoning map as outlined in section 19-72. The city clerk shall collect the required fees for such petitions as set by the city council.

• (d) Minimum qualifications of the city clerk shall be as set out in section 2-16 of the Charter.

(Rev. Ords. 1987, § 19-7)

• (a) This chapter shall not repeal, annul or impair any existing provisions of law, this chapter, other ordinances or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, wherever the terms of this chapter require a greater width or size of yards or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other higher standards than are required in this chapter, the provisions of such statute, ordinance or regulation shall govern.

• (b) All variances and exceptions heretofore granted by the zoning board of review, and approvals by other zoning enforcement bodies, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board or other zoning enforcement agency shall remain in effect and be binding to the same extent as if this chapter had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and for the prosecution of any violations heretofore commenced.

(Rev. Ords. 1987, § 19-8(a), (b))

The provisions of this chapter shall be reviewed annually after public notice by the planning board for the purpose of considering proposed amendments deemed appropriate in the light of changing conditions or policies. After such annual review the planning board shall make a written report to the city council advising the council of its review and transmitting recommendations the planning board may have, if any, regarding the provisions of this chapter. In addition whenever the city comprehensive plan is amended, the planning board shall identify any changes necessary to the zoning ordinance, to ensure consistency and forward these changes to the city council.

(Rev. Ords. 1987, § 19-9)

• (a) Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the zoning board of review, city council, zoning officer, or technical review committee shall be fined not exceeding $500.00 for each offense, such fine to inure to the city, and each day that such violation shall continue shall be deemed to constitute a separate offense. The penalty shall be reasonably related to the seriousness of the offense.

• (b) The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The city solicitor shall institute appropriate legal action to redress such violations.

• (c) The city may also cause suit to be brought in the supreme court or superior court, or any municipal court including a municipal housing court having jurisdiction in the name of the city, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The city may consolidate an action for injunctive relief and/or fines under this chapter in the superior court of the county.

(Rev. Ords. 1987, § 19-10)

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-11)

The provisions of this chapter pertaining to decision deadlines, shall not be construed to apply to any extension for good cause, consented to by an applicant.

(Rev. Ords. 1987, § 19-12)

In making any determination upon which it is required to pass after public hearing under this chapter, the zoning board of review or other zoning enforcement agency may apply such special conditions that may in the opinion of the board or agency, be required to promote the intent and purposes of the city comprehensive plan and this chapter. Failure to abide by any special conditions attached to a grant 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:

• • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

  • (2) Controlling the sequence of development, including when it must be commenced and completed;

  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • (4) Assuring satisfactory installation and maintenance of required public improvements;

  • (5) Designating the exact location and nature of development; and

  • (6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

(Rev. Ords. 1987, § 19-13)

The city council shall set a fee schedule for the applications contained within this chapter to cover the costs associated with the review, hearing, notice and recording fees. These fees shall be reviewed at a minimum on an annual basis and not more than a quarterly basis. It shall be the responsibility of the city clerk to ensure fees are reviewed in accordance with this schedule.

Fees as set by the city council are contained in appendix A, land use and development fees, on file in the office of the city clerk.

(Rev. Ords. 1987, § 19-14; Ch. 198, § II, 2-19-02)

It is the intention of this chapter to facilitate coordination with contiguous municipalities and state agencies with regard to land use decisions which may affect shared resources and facilities, abutting property, and the greater public good. This coordination shall be carried out by assuring this chapter is consistent with the city comprehensive plan and any amendments thereto, which is reviewed by other municipalities and state agencies, and notifying, in accordance with state statutes, property owners, water resource boards, and/or city or town governing bodies of pending variance and special use applications or zoning map amendment petitions, and associated public hearings. Notices of proposals in neighboring communities or by state agencies, shall be forwarded to the department of planning and urban development for their review and when concerns exist with regard to consistency with the objectives of the city comprehensive plan, comments shall be prepared and forwarded to the agency submitting notice.

(Rev. Ords. 1987, § 19-15)

• (a) Any application for development under this chapter, including an application for a special use permit, variance, or development plan review, shall be considered vested when the submitted application is deemed to be substantially complete by the proper administration and/or official designated to receive such applications. An application shall include all required forms, plans, supporting documentation, and required fees. Any application considered by the city under the provisions of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was deemed substantially complete.

• (b) If an application for development under the provisions of this section is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of the zoning ordinance.

• (c) Failure to initiate development of the property prior to the time limit established at approval, shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval, shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate sections of the zoning ordinance.

(Rev. Ords. 1987, § 19-16)

--- (3) ---

Cross reference— Boards, committees and commissions, § 2-36 et seq.

State Law reference— Zoning board of review, G.L. 1956, § 45-24-56 et seq.

• (a) There shall be a zoning board of review which shall consist of five members, who shall be qualified electors of the city, each to hold office for a term of five years. Members shall be appointed by the mayor, subject to city council approval, with at least one standing member to be a resident of each ward in the city.

Each member shall continue in office until his successor has been duly appointed and qualified. In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointee shall serve for and during the unexpired term of his predecessor.

• (b) Any member of the board may be removed by the city council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:

  • (1) Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board;

  • (2) Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.

• (c) In addition to the five standing members, the mayor shall appoint two alternates to be designated as the first and second alternate members. Alternates shall not reside in the same ward. The first alternate shall serve for a term of five years and the second alternate for a term of four years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.

(Rev. Ords. 1987, § 19-36; Ch. 877, § III, 6-6-23; Ch. 914, § I(Att.), 12-19-23)

• (a) Once each year the zoning board of review shall organize by electing from its membership a vice-chair, and secretary. The zoning officer may serve as clerk of the board and shall perform such duties as are provided by this chapter. Meetings of the board shall be held at the call of the chair or as may be fixed by the board. The chair, or in his absence the vice-chair, may administer oaths and compel the attendance of witnesses by the issuance of subpoena.

• (b) The zoning board of review shall adopt written rules of procedure within six months of the adoption of this chapter.

• (c) All hearings and meetings of the board shall be open to the public. All decisions shall be made and voted upon at a public hearing.

• (d) No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter.

• (e) Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. A maximum of five members, which may include alternates, are entitled to vote on any issue.

• (f) The concurring vote of a majority of members of the zoning board of review sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and the concurring vote of a majority of members of the zoning board of review sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance, including variances and special use permits.

• (g) No member of the board shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself and shall not sit as an active member and shall take no part in the conduct of the hearing.

• (h) For any proceeding in which the right of appeal lies to the superior court or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

• (i) The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board of review and shall be a public record.

• (j) Any decision by the zoning board of review, including any special conditions attached thereto shall be mailed to the applicant. In addition a copy of the decision shall be sent to the office of the zoning officer.

• (k) All decisions of the zoning board of review shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

• (l) Members of the zoning board of review shall receive remuneration for their service on the board, as established by the city council.

(Rev. Ords. 1987, § 19-37; Ch. 914, § I(Att.), 12-19-23)

• (a) The zoning board of review shall have the following powers and duties:

  • (1) To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to this chapter, as per R.I.G.L. 2023 § 45-23-67.

  • (2) To hear and decide appeals from any decision or determination made by an administrative officer in accordance with R.I.G.L. 2023 § 45-23-67.

  • (3) To authorize upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to the state statutes and section 19-40, with the exception of variances issued by the planning board through the unified development review process.

  • (4) To authorize upon application, in specific cases special use permits, pursuant to the general laws of state and section 19-39, with the exception of special use permits issued by the planning board through the unified development review process.

  • (5) To refer matters to the planning board or to other boards or agencies of the city as the zoning board of review may deem appropriate, for findings and recommendations.

  • (6) 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.

  • (7) To hear and decide such other matters, according to the terms of this article or other statutes, and upon which such board may be authorized to pass under this chapter or other statutes.

• (b) Appeals of zoning board of review decisions shall be as follows:

  • (1) An aggrieved party may appeal a decision of the zoning board of review to the superior court for the county by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the city clerk. The decision shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant such original applicant or appellant and the members of the zoning board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

  • (2) When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision of the zoning board of review recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-38; Ch. 914, § I(Att.), 12-19-23)

State Law reference— Powers and duties of zoning board of review, R.I.G.L. 1956, § 45-24-57 et seq.

• (a) In granting a special use permit, the zoning board of review, or planning board under the unified development review process, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings. The special use permit shall conform to the specific criteria established in this ordinance for each type of use category, which criteria shall be in conformance with the purposes and intent of the comprehensive plan and this ordinance.

• (b) In granting a special use permit, the zoning board of review, or planning board under the unified development review process, may apply such special conditions as provided for in section 19-13.

• (c) An applicant may apply for, and be issued, a dimensional variance in conjunction with a special-use permit. If the special use could not exist without the dimensional variance the zoning board of review, or planning board under the unified development review process, shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standard.

(Rev. Ords. 1987, § 19-39; Ch. 867, § I, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

• (a) Within the city generally and in particular some zoning districts, certain uses are specified in the schedule of use, section 19-98 as allowed by special use permit only. These uses are of a nature requiring review, in accordance with the state statutes, to determine whether they should be permitted in specific locations; if they meet special conditions and safeguards; and what additional conditions may be required if permission is granted.

• (b) To the extent a proposed land use is not specifically listed in section 19-98, the property owner may submit a written request to the zoning officer 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 officer will have 30 days to provide a written evaluation to the property owner. Upon such a positive determination, the proposed use may be considered to be a use requiring a special use permit. The applicant shall include the zoning officer's written determination as part of their special use permit application submission. The zoning board, or planning board, as part of the unified review process, may either concur with zoning officer's determination or state on the record its reasons for disagreement with the zoning officer's determination. Disagreement with the zoning officer's determination shall be grounds for denial of an application.

(Rev. Ords. 1987, § 19-40; Ch. 914, § I(Att.), 12-19-23)

Applications for special use permits shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review or in accordance with the land development and subdivision regulations if filing under unified development review. Fifteen complete copies of the application must be submitted. The application shall include:

• • (1) A completed special use permit form indicating the special use permit sought, the grounds for the permit, and information on the scale and size of the proposed use as applicable.

  • (2) Names and addresses of all owners of property in or within 200 feet of the perimeter of the subject property, whether within the city or an adjacent city or town, and as shown on the current real estate tax assessment records of the city or town in which the property is located.

  • (3) A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

    • a. The shape, dimension and area of the subject property;

    • b. The location size and use of all existing and proposed structures;

    • c. The zoning use district boundaries;

    • d. The street number and assessor's lot numbers;

    • e. Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair; and

    • f. Such other information as may be necessary for the execution and enforcement of this chapter.

  • (4) Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

  • (5) An accurate radius map drawn at a scale of one inch equals 100 feet (or as appropriate one inch equals 50 feet or one inch equals 40 feet) which includes:

    • a. A title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; and north arrow;

    • b. For all property in or within 200 feet of the perimeter of the subject property:

      • 1. The shape, dimension and area of property;

      • 2. The location of all zoning use district boundary lines; and

      • 3. The street numbers and assessor's lot numbers;

      • 4. The general location, shape and use of all existing buildings and structures; and

      • 5. Such other information as may be necessary for the execution and enforcement of this chapter.

  • (6) The application fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.

Applications for special use permits to the planning board through the unified development review process shall follow relevant application requirements of the city's land development and subdivision regulations.

(Rev. Ords. 1987, § 19-41; Ch. 642, § II, 3-15-16; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Upon receipt of a special use permit application, in proper form, the zoning officer shall refer a copy to the department of planning and urban development in its capacity as staff to the planning board, for an advisory opinion. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter within 30 days of receipt of the application.

• (b) The zoning officer may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public safety, health and welfare.

• (c) The board shall fix a reasonable time not to exceed 30 days for a public hearing on a special use permit application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

  • (1) Published at least 14 days prior to the date of such hearing in a newspaper of local circulation in the city;

  • (2) Sent by first class mail to the applicant;

  • (3) Sent first-class mail to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject property, whether within the city or within an adjacent city or town; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located;

  • (4) Sent by first class mail to the city or town council of any city or town which is located in or within 200 feet of the boundary of the subject area;

  • (5) Sent first class mail to the city or town council of any city or town 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, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;

  • (6) Sent to 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 at or within 2,000 feet of the subject property, provided however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.

  • (7) Posted in the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least 14 days prior to the hearing.

  • (8) The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;

  • (9) For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

  • (d) The cost of the newspaper and mailing notification shall be borne by the applicant.

(Rev. Ords. 1987, § 19-42; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Any party may appear at the hearing in person, or by agent or by attorney. The hearing held by the zoning board of review or planning board under unified development review is a public meeting and all decisions reached by the board shall be made and voted upon at a public meeting. The board shall hear all evidence on the special use permit request; and consider the written reports of city staff when reaching a decision on the findings required by section 19-39.

• (b) Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-43; Ch. 914, § I(Att.), 12-19-23)

• (a) The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk in the land evidence records of the city, decisions on special use permits. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

• (b) Any special use permit granted by the zoning board of review or planning board under unified development review shall expire within six months from the date of its issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

• (c) No application for a special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.

• (d) If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

• (e) Any aggrieved party may appeal decisions of the zoning board of review or planning board under unified development review to the superior court for the county in accordance with subsection 19-38(b).

• (f) All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review or planning board under unified development review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(Rev. Ords. 1987, § 19-44; Ch. 914, § I(Att.), 12-19-23)

• (a) In granting a variance, the zoning board of review, or the planning board under the unified development review process, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings that:

  • (1) 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 not due to a physical or economic disability of the applicant excepting those physical disabilities addressed in R.I.G.L. 45-24-30(16).

  • (2) Such hardship is not the result of any prior action of the applicant; and

  • (3) 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 city comprehensive plan upon which this chapter is based.

• (b) The zoning board of review, or the planning board under the unified development review process, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

  • (1) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

  • (2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted 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. The zoning board of review, or the planning board under the unified development review process, has the power to grant dimensional variances where the use is permitted by special use permit.

• (c) Modifications permitted by zoning officer. The zoning officer shall have authority to administratively approve modifications from the literal dimensional requirements of section 19-145 in the instance of the construction, alteration, or structural modification of a structure, except for the moving of lot lines, provided the deviation is no more than 25 percent. Within ten days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:

  • (1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;

  • (2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

  • (3) The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

  • (4) The modification does violate any rules or regulations with respect to freshwater or coastal wetlands.

Upon an affirmative determination, in the case of a modification of five percent or less, the zoning officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city that the modification will be granted unless written objection is received within 14 days of the public notice. 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 a dimensional variance, following standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification. The zoning officer may apply any special conditions to the permit as may, in the opinion of the office, be requested to conform to the intent and purposes of the zoning ordinance. The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

• (d) In granting a variance the zoning board of review may apply special conditions as provided for in section 19-13.

(Rev. Ords. 1987, § 19-45; Ch. 216, § I, 6-18-02; Ch. 470A, § III, 10-7-08; Ch. 914, § I(Att.), 12-19-23)

Any person, group, agency or corporation may apply for relief from the literal requirements of this chapter, which is not contrary to the public interest, in instances where owing to special conditions of the parcel, a strict application of this chapter results in unnecessary and undue hardship. Two types of variances are allowed: Dimensional variance and use variance. Both variance applications follow the same procedure, while the standards of findings differ as noted in section 19-45.

(Rev. Ords. 1987, § 19-46; Ch. 914, § I(Att.), 12-19-23)

Applications for variances that are not part of the unified development review process shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. When a request for a variance is submitted through the unified development review process, as part of a subdivision or land development project application, it shall be submitted to the administrative officer of the planning board. Fifteen complete copies of the application must be submitted. The application shall include:

• • (1) A completed variance form indicating the variance sought and the grounds for the variance;

  • (2) Names and addresses of all owners of property in or within 200 feet of the perimeter of the subject property, whether within the city or an adjacent city or town, and as shown on the current real estate tax assessment records of the city or town in which the property is located;

  • (3) A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one-inch equals 20 feet (or as appropriate one-inch equals 40 feet or one-inch equals 80 feet) showing the following for the subject property:

    • a. The shape, dimension and area of the subject property;

    • b. The location, size and use of all existing and proposed structures;

    • c. The zoning use district boundaries;

    • d. The street number and assessor's lot numbers;

    • e. Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair; and

    • f. Such other information as may be necessary for the execution and enforcement of this chapter.

  • (4) Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

  • (5) An accurate radius map drawn at a scale of one-inch equals 100 feet (or as appropriate one-inch equals 50 feet or one-inch equals 40 feet) which includes:

    • a. A title block in the lower righthand corner showing names of the property owners; map, block, parcel of the subject property; date of plan and north arrow;

    • b. For all property within 200 feet of the perimeter of the subject property:

      • 1. The shape, dimension and area of the property;

      • 2. The location of all zoning use district boundary lines; and

      • 3. The street numbers and assessor's lot numbers.

    • c. In the case of a dimensional variance, the general location, shape and use of all existing buildings and structures within a 100-foot radius of the subject property;

    • d. In the case of a use variance, the general location, shape and use of all existing buildings and structures in or within 200 feet of the subject property; and

    • e. Such other information as may be necessary for the execution and enforcement of this chapter.

  • (6) The application fee as set by the city council, to cover the costs associated with review, hearing, notice and recording fees.

Applications for variances to the planning board through the unified development review process shall follow relevant application requirements of the city's land development and subdivision regulations.

(Rev. Ords. 1987, § 19-47; Ch. 642, § III, 3-15-16; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Upon receipt of a variance application, in proper form, the zoning officer shall refer a copy to the zoning board of review and the department of planning and urban development acting in its capacity as staff to the planning board. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter within 30 days of receipt of the application.

• (b) The zoning officer, or administrative officer for the planning board through the unified development review process, may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public health, safety and welfare.

• (c) The zoning board shall fix a reasonable time not to exceed 30 days for a public hearing on a variance application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

  • (1) Published at least 14 days prior to the date of such hearing in a newspaper of local circulation in the city;

  • (2) Sent by first class mail to the applicant;

  • (3) Sent first class mail to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject area, whether within the city or within an adjacent city or town; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located;

  • (4) Sent by first class mail to the city or town council of any city or town which is located in or within 200 feet of the perimeter of the subject area;

  • (5) Sent by first class mail to the city or town council of any city or town 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, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;

  • (6) Sent to 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 at or within 2,000 feet of the subject property, provided however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof;

  • (7) Posted in the city clerk's office and one other city building at least 14 days prior to the hearing;

  • (8) The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;

  • (9) For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

• (d) The cost of newspaper and mailing notification shall be borne by the applicant.

(Rev. Ords. 1987, § 19-48; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Any party may appear at the hearing in person, or by agent or by attorney. A hearing held by the zoning board of review or planning board is a public meeting and all decisions reached by the zoning board of review or planning board shall be made and voted upon at a public meeting. The board shall hear all evidence on the variance request, and consider the written reports of city staff when reaching a decision on the findings required by section 19-45.

• (b) Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-49; Ch. 914, § I(Att.), 12-19-23)

• (a) The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk, in the land evidence records of the city, all decisions on variance applications. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

• (b) Any variance granted by the zoning board of review or planning board under unified development review shall expire within six months from the date of the issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

• (c) No application for a variance involving the same parcel and same request, which was denied or withdrawn may be resubmitted for a variance for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a variance application.

• (d) If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

• (e) Any aggrieved party may appeal decisions of the zoning board of review or planning board under unified development review to the superior court for the county in accordance with subsection 19-38(b).

• (f) All work approved by the issuance of a variance shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review or planning board under unified development review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

• (g) Granting of a variance does not eliminate the requirement to obtain a building permit. The applicant is responsible for obtaining a building permit through the department of public works, building inspection division.

(Rev. Ords. 1987, § 19-50; Ch. 53, § III, 2-3-99; Ch. 914, § I(Att.), 12-19-23)

An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer, except a permitting authority, which is appealed in accordance with section 19-55, may be taken by an aggrieved party. Such appeal shall be taken within 30 days of the recording of the decision by the zoning officer or agency.

(Rev. Ords. 1987, § 19-51; Ch. 914, § I(Att.), 12-19-23)

• (a) Application for an appeal from a decision of the zoning officer or any other zoning enforcement agency, shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. The application shall include:

  • (1) A completed appeal form indicating the grounds for the appeal.

  • (2) An accurate radius map drawn at a scale of one-inch equals 100 feet (or as appropriate one-inch equals 50 feet or one-inch equals 40 feet) which includes the map, block, and parcel of all property in or within 200 feet of the perimeter of the subject property;

  • (3) The names and addresses of all owners of property in or within 200 feet of the perimeter of the subject property, whether within the city or an adjacent city, and as shown on the current real estate tax assessment records of the city or town in which the property is located; and

  • (4) The fee as set by the city council to cover costs associated with the review, hearing and notice to be paid by the applicant.

• (b) The officer or agency from whom the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(Rev. Ords. 1987, § 19-52; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning officer or agency from whom the appeal is taken certifies to the zoning board of review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

(Rev. Ords. 1987, § 19-53; Ch. 914, § I(Att.), 12-19-23)

• (a) The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties of interest. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be sent by first-class mail to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject area, whether within the city or an adjacent city or town. Such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located.

• (b) The zoning board of review shall make a decision within 65 days of the date the appeal was filed. Upon the hearing, any party may appear in person or by agent or by attorney.

• (c) In exercising its powers, the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken; and may apply special conditions as provided for in section 19-13 of this chapter.

• (d) The zoning board of review shall include in its decision all findings of fact and conditions showing the vote of each member participating thereon, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within 30 days from the date the decision was rendered, and shall be a public record. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

• (e) When an appeal results in a decision by the zoning board of review which overturns a decision of another zoning enforcement agency or the zoning officer, recorded in the city land evidence records, the zoning officer as clerk for the board shall record notice of the board's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-54; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) An appeal from a decision of the permitting authority may be taken by an aggrieved party to the superior court for the county, in accordance with subsection 19-38(b).

• (b) Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-55; Ch. 914, § I(Att.), 12-19-23)

• (a) Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by land development project and/or subdivision review.

• (b) Public hearing. All land development project and/or subdivision applications, that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of section 19-48.

• (c) In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of section 19-45 relative to entering evidence into the record in satisfaction of the applicable standards.

• (d) In reviewing requests for special use permits, the planning board shall be bound to the conditions and procedures under which a special use permit may be issued, the criteria for the issuance of such permits, and shall be required to provide for the recording of findings of fact and written decisions pursuant to this division of the zoning ordinance.

• (e) Appeals. An appeal from any decision made pursuant to this section may be take pursuant to section 19-55 of this division.

(Ch. 914, § I(Att.), 12-19-23)

• (a) No building or structure shall be erected, extended, altered, enlarged or moved, and no use of any land or premises shall be begun or changed without a zoning permit having been issued by the zoning officer. Whenever a permit or license is issued by any other department of the city, such permit or license shall be in conformity with the provisions of this chapter. Any application for such a permit shall be accompanied by a site plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of such building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities where required, the location and design of trash storage areas and enclosures, including dumpsters, in conformance with the provisions of section 19-261; and such other information as may be necessary to provide the execution and enforcement of this chapter. The zoning permit shall be issued on the basis of the application and accompanying plans, where required, and shall authorize only the use, arrangement and construction set forth in approved plans and applications. Any use, arrangement or construction at variance with that authorized under this chapter shall be deemed in violation of this chapter.

• (b) No site plan shall be required with an application for such a permit involving only alterations of an existing building where the use and exterior surfaces of such buildings are not changed or enlarged in any manner and the use is not affected by any other section of this chapter.

• (c) A record of all applications, plans and permits shall be kept on file in the office of the zoning officer and shall be available for public inspection during regular office hours.

• (d) In addition, the zoning officer may require the submission of plans of any proposed machinery, operations and products and specifications for the mechanisms and techniques to be used for the purpose of restricting the emission of dangerous and objectionable elements referred to in section 19-336. An affidavit may be required from the applicant acknowledging his understanding of the applicable performance standards in section 19-336 and his agreement to conform with such standards at all times. No applicant will be required to divulge confidential processes, and all information submitted will be treated confidentially if requested.

• (e) In areas of special flood hazard as delineated on the flood maps defined in section 19-1, a zoning permit shall be required for any land preparation, excavation, grading, filling or removal of earth for any purpose.

(Rev. Ords. 1987, § 19-56; Ch. 506, § IV, 7-20-10; Ch. 944, § I(Att.), 9-2-25)

Cross reference— Accessory family dwelling units, § 19-202.

• (a) An occupancy permit shall be required for any of the following:

  • (1) Occupancy and use of a building or structure hereafter erected, extended, altered, enlarged or moved;

  • (2) Change in use of an existing building, structure or premises to a use of a different classification;

  • (3) Occupancy and use of vacant land except for farming;

  • (4) Change in use of land to a use of a different classification other than farming;

  • (5) Any change in use of a nonconforming use.

• (b) No such occupancy, use or change of use shall take place without the issuance of an occupancy permit approved by the zoning officer. The permit shall not be issued until the building, structure, premises or land, its uses and the uses incidental thereto have been inspected and approved by the zoning officer and, if required, a business registration certificate has been secured from the city clerk's office. A record of all occupancy permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.

(Rev. Ords. 1987, § 19-57; Ch. 506, § V, 7-20-10; Ch. 944, § I(Att.), 9-2-25)

Cross reference— Accessory family dwelling units, § 19-202.

• (a) To be effective, this chapter must be amendable. Such changes may include deleting requirements which are obsolete, adjusting requirements which are inadequate or adding requirements based on advances in knowledge. Petitions for amendment or repeal of this chapter may come from the city council on its own motion or the planning board or on petition to the city council, filed in the office of the city clerk, by any person or group of persons desiring such amendment. Action may include the adoption of a new zoning ordinance.

• (b) Amendments/repeals may be to ordinance language alone, the zoning map alone or a combination of the language and map.

(Rev. Ords. 1987, § 19-71)

• (a) Petition forms for ordinance amendments/repeals shall be filed with the city clerk and include:

  • (1) The section/or subject area that is the subject of the petition;

  • (2) The intention of the proposed amendment/repeal;

  • (3) The relation of the proposed action to the city comprehensive plan; and

  • (4) Filing fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.

• (b) In addition, if the amendment/repeal seeks a change in the zoning map, the petition shall be accompanied by:

  • (1) Eleven copies of an accurately drawn radius map drawn at a scale of one-inch equals 100 feet (or as appropriate one-inch equals 50 feet or one-inch equals 40 feet) which includes:

    • a. A title block in the lower righthand corner showing names of the property owners; map, block, parcel of the subject property; date of plan and north arrow;

    • b. For all property in or within 200 feet of the perimeter of the subject property:

      • 1. The shape, dimension and area of property;

      • 2. The location of all zoning use district boundary lines;

      • 3. The street numbers and assessor's lot numbers;

      • 4. The general location, shape and use of all existing buildings and structures; and

    • c. Such other information as may be necessary for the execution and enforcement of this chapter.

  • (2) A listing of names and addresses of all owners of real property located in or within 200 feet of the perimeter of the property, whether within the city or an adjacent city or town, and as shown on the current real estate tax assessment record of the city or town in which the property is located.

(Rev. Ords. 1987, § 19-72; Ch. 944, § I(Att.), 9-2-25)

• (a) Upon receipt of a petition to amend/repeal this chapter, or adopt a new zoning ordinance, the city clerk shall transmit a copy of such petition to the city council and to the planning board for study and recommendation. The planning board shall in turn notify and seek the advice of the department of planning and economic development. The department of planning and economic development shall review and make a written recommendation which outlines the petition's affect upon the city comprehensive plan or any portion thereof and indicates whether or not a comprehensive plan amendment would be necessary in order to grant the petition. The planning board shall consider the department of planning and economic development's recommendation and prepare a written report to the city council within 45 days of receipt of the proposal. This report shall include:

  • (1) A statement on the general consistency of the proposal with the city comprehensive plan, including the goals and policies statement, the implementation program and all other applicable elements of the city comprehensive plan;

  • (2) A demonstration of recognition and consideration of each of the applicable purposes of zoning as listed in section 19-2; and

  • (3) A statement indicating whether or not a comprehensive plan amendment would be necessary in order to grant the petition.

• (b) Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is initiated by the planning board, the requirement for study by such board may be waived provided the proposal by the planning board includes a report which includes the findings and recommendations as required above.

(Rev. Ords. 1987, § 19-73; Ch. 914, § I(Att.), 12-19-23)

The city council shall hold a public hearing within 65 days of receipt of the petition. Opportunity shall be given to all persons interested to be heard upon the matter of the proposed amendment/repeal. Notification for this public hearing shall include:

• • (1) Publication of notice in a newspaper of local circulation within the city at least once each week for three successive weeks prior to the date of such hearing, (which may include the week in which the hearing is to be held). Such newspaper notice shall:

    • a. Specify the place of such hearing and the date and time of its commencement;

    • b. Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

    • c. Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

    • d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;

    • e. State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing and that any such alteration or amendment must be presented for comment in the course of such hearing; and

    • f. In the case of a proposed amendment which includes a specific change in a zoning district map, but does not affect districts generally, the newspaper notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city and town boundaries where appropriate.

  • (2) Written notice shall be mailed at least two weeks prior to the hearing to any of the following which is applicable:

    • a. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, notice shall be sent to all owners of real property whose property is located in or within 200 feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city or town. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. Such notice shall be sent by first class mail to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located, provided that for any notice sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. This notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city town boundaries where appropriate.

    • b. To the city or town council of any city or town which is located in or within 200 feet of the perimeter of the area proposed for change.

    • c. To the city or town council of any city or town 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, at or within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

    • d. To 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 at or within 2,000 feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.

    • e. 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 city. The notice shall 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 section (1). Notice shall include reference to the merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership on non-conforming lots.

  • (3) The city shall post the notice in the city clerk's office and in one other city building at least 14 days prior to the hearing;

  • (4) The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;

  • (5) For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

  • (6) The cost of newspaper and mailing notification shall be borne by the applicant.

(Rev. Ords. 1987, § 19-74; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

The city council shall consider the recommendation of the planning board, the city comprehensive plan, the concerns expressed at the public hearing, and the public interest, in making a determination on the petition. Any alteration or amendment to the petition, which will be voted on prior to the close of the public hearing, must be presented for comment in the course of such hearing.

(Rev. Ords. 1987, § 19-75)

• (a) Defect. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

• (b) Repetitive petitions. No petition involving the same lot or parcel of land or any part thereof including a request for different zoning classification than requested in initial petition for an amendment to this chapter or zoning map, shall be accepted by the city clerk, if a petition requesting an amendment, for the same lot or parcel of land or any part thereof has been denied or the petitioner withdrew such petition within the preceding 18 months. However, such a petition may be accepted at any time with the consent of the city council if in the opinion of the council it sets forth facts indicating a substantial change of circumstances justifying a hearing on the petition.

• (c) Limitations, conditions and restrictions. In granting an amendment to the zoning map the city council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:

  • (1) Requiring the petitioner 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) Relating to the effectiveness or continued effectiveness of the zoning change; and/or

  • (3) Relating to the use of the land as it deems necessary.

The city clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. 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 city council may, after a public hearing as set forth in this division, change the land to its original zoning use before such petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

• (d) Comprehensive plan amendment. Where a proposed change requires an amendment to the comprehensive plan, the city council shall approve such amendment to the comprehensive plan prior to granting the petition following the requirements of the state statutes. A condition of the approval of the petition, however, shall be that the comprehensive plan amendment receive approval from the state director of administration in accordance with the state statutes.

• (e) Copies of amendment to be sent to state. Upon adoption of a zoning ordinance, and zoning map, and any amendments thereto, the city clerk shall send a copy, without charge to the state law library.

(Rev. Ords. 1987, § 19-76; Ch. 914, § I(Att.), 12-19-23)

• (a) An appeal of an amendment to this chapter may be taken to the superior court for the county by filing a complaint as set forth in this division within 30 days after such enactment, or amendment has become effective. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

• (b) The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.

• (c) When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-77)

• (a) Districts generally. For the purposes of this chapter, the city is divided into districts as shown on the zoning map entitled "Zoning Map of the City of East Providence," dated the effective date of this chapter, filed with the city clerk and hereby declared to be a part of this chapter. The districts, their abbreviations and common names are designated as follows:

  Abbreviation	District
  R-1	Residential 1 One-family.
  R-2	Residential 2 One-family.
  R-3	Residential 3 One-family.
  R-4	Residential 4 One-family and two-family.
  R-5	Residential 5 Multifamily.
  R-6	Residential 6 One-family, two-family and three-family.
  O-1	Open Space 1 Open space.
  C-1	Commercial 1 Office business.
  C-2	Commercial 2 Neighborhood business.
  MS/NC (see section 19-322)	Main Street and Neighborhood Center Overlay
  C-3	Commercial 3 General retail business.
  C-4	Commercial 4 Highway business.
  C-5	Commercial 5 Heavy business.
  CMU	Commercial mixed use
  I-1	Industrial 1 Limited manufacturing.
  I-2	Industrial 2 General manufacturing.
  I-3	Industrial 3 Heavy manufacturing.
  BT	Business/Technology (floating, district).
  RSD	Riverside Square Mixed Use/Downtown (Overlay)

 

• (b) Mixed use floating zone district. The mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

• (c) Cluster floating zone district. The cluster floating zone district may amend any residential zone which permits clustering of residential units, with the goal of preserving open space; see further definition in section 19-364.

• (d) Business technology floating zone district. The business/technology floating zone district may amend the C-1, C-4, I-1, I-2 and I-3 zoning districts only with the goal of permitting business/technology developments; see further definition in section 19-364.

• (e) C-2 neighborhood business district. The C-2 neighborhood business district is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

• (f) Main Street and Neighborhood Center Overlay. The Main Street and Neighborhood Center Overlay District as included in section 19-322 of chapter 19, zoning is supplemental to any C-1, C-2, C-3, and TA (Taunton Avenue Waterfront) uses allowed by right or special use permit in section 19-98, schedule of use regulations of chapter 19, zoning, or generally by chapter 19, zoning, and as shown on the Zoning Overlay Map for the district. For all the existing uses on parcels within this district, the uses may continue and any new development or redevelopment may occur as is currently allowed within the zoning district in which a parcel(s) is located or under the provisions of section 19-322, Main Street and Neighborhood Center Overlay District.

(Rev. Ords. 1987, § 19-96; Ch. 457, § II, 10-7-97; Ch. 146, § IV, 10-23-00; Ch. 453, § II, 7-15-08; Ch. 470A, § IV, 10-7-08; Ch. 506, § VI, 7-20-10; Ch. 642, § IV, 3-15-16; Ch. 721, § II, 8-21-18)

Editor's note— Ch. 146, § IV, adopted Oct. 23, 2000, renumbered § 19-96 as new § 19-95.

The following are prohibited uses and activities, whether principal or accessory uses, in all zoning districts: the disposal, processing or recycling of solid waste* in any manner within the city, except for the segregation of solid waste and recyclable materials for curbside collection and the composting of vegetative materials used for noncommercial use, not to exceed three cubic yards; underground storage of solid waste; solid waste management facilities*; the storage of waste or scrap tires for the purpose of recycling and/or processing, and the recycling and processing of waste or scrap tires and/or reclaimed rubber, including shredding, grinding and any other process that results in shredded, pulverized, granulated, crumbed, or powered rubber; carpet and textile recycling, processing, and recovery; computer and electronic equipment and appliance recycling in the form of shredding; motor vehicle shredding and recycling; and solid waste processing including: incinerators, materials recovery facilities including processing; recycling facilities, resource recovery facilities, intermediate processing facilities, and transfer stations; bulk ammonia storage; bulk liquefied natural gas (LNG) storage and bulk liquefied propane gas (LPG storage; bulk storage of chemicals except as accessory to a use permitted by section 19-98; concrete manufacturing plants; paper or pulp mill; hazardous waste disposal; hazardous waste management facilities; petroleum refining; sand or gravel pit; sawmill; and asphalt manufacturing plants. The specific prohibited uses enumerated herein are in addition to any and all other uses which are prohibited in accordance with sections 19-4 and 19-98.

[* Definitions and further regulations relative to the uses that are denoted by an asterisk (*) may be found in section 19-1.]

(Ch. 146, § V, 10-23-00; Ch. 198, § III, 2-19-02)

Unless otherwise indicated on the zoning map, the boundaries between districts shall be determined according to the following criteria:

• • (1) Where a boundary is shown as following a street, railroad, or utility right-of-way, the boundary shall be the centerline thereon, unless otherwise indicated.

  • (2) Where a boundary is shown outside of a street, railroad, or utility right-of-way and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof and the figure placed on the zoning map shall be the distance in feet between them as measured at a right angle from such line, unless otherwise indicated.

  • (3) Where the boundary of a district follows a river, stream, pond or other watercourse, the boundary line shall be deemed to be the limit of the jurisdiction of the city unless otherwise indicated. Unzoned lands and waters bordering upon or within the city shall be deemed to bear the zoning classification of the nearest adjacent zoned land and shall be subject to the same regulations of this chapter therewith.

  • (4) Where the location of a district boundary line is otherwise uncertain, the zoning officer shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the map.

  • (5) For those lots of record which are divided by a zoning district boundary, the regulations for either district shall apply, except that no zoning district shall in effect be extended for a distance greater than 100 feet.

  • (6) For those lots for which a split zone is created by an administrative subdivision, the zoning district being extended shall be used for accessory use only and not principal use.

  • (7) Whenever a split zone is being used for a more intense use, the activity shall follow the process and standards identified in article VIII, Development Plan Review, of the city zoning ordinance.

(Rev. Ords. 1987, § 19-97; Ch. 867, § II, 12-20-22)

• (a) Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited, with the exception of evaluations and determinations of proposed uses not specifically listed as per section 19-40.

• (b) The following is a schedule of use regulations:

• (c) All properties located within the Riverside Square Mixed Use/Downtown Overlay district shall be subject to the Commercial-2 Zoning District with respect to section 19-98 "Use", except that the following uses shall be prohibited within this district: funeral home or mortuary; fast food restaurant; drive-through facilities; and medical or dental offices.

• (d) All properties located within the Riverside Square Mixed Use/Downtown Overlay shall be subject to the supplementary district regulations contained in section 19-359 et seq.

• (e) The C-2 Neighborhood Business District is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

Y = Yes, permitted use

N = No, prohibited use

S = Special use permit

A = Permitted as an accessory use subordinate to the principal use

 

• • * Definitions and further regulations relative to the uses that are denoted by an (*) may be found in section 19-1.

  • ** Amusement game centers shall be allowed as a permitted use in the C-3, C-4 and C-5 districts in conformance with the requirements of section 19-231 of this chapter.

  • *** Radio, television or wireless telecommunications towers shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any I-3 district, in conformance with the requirements of section 19-352 of this chapter.

  • **** Radio, television or wireless telecommunications antennas shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any district, in conformance with the requirements of section 19-352 of this chapter.

(Rev. Ords. 1987, § 19-98; Ch. 457, § III, 10-7-97; Ch. 463, § III, 12-16-97; Ch. 53, §§ IV, V, 2-3-99; Ch. 146, § VI, 10-23-00; Ch. 154, § VI, 1-16-01; Ch. 194, § IV, 12-18-01; Ch. 198, § IV, 2-19-02; Ch. 216, § IV, 6-18-02; Ch. 453, § III, 7-15-08; Ch. 470A, § V, 10-7-08; Ch. 489A, § II, 10-6-09; Ch. 642, § V, 3-15-16; Ch. 867, §§ III, IV, 12-20-22; Ch. 914, § I(Att.), 12-19-23; Ch. 918, § I, 5-7-24; Ch. 944, § I(Att.), 9-2-25)

• (a) Purpose. This section establishes the mechanism for the review and creation of four types of floating zone districts, which upon approval by the city council shall amend the existing zoning map. The purpose of floating zone districts is to permit high intensity or mixed use character development and to promote flexible design upon parcels deemed appropriate for such development. Floating zone districts are unmapped zoning districts which are established on the zoning map only when an application for development meeting the requirements is approved. A petitioner must establish that the site proposed is appropriate for the floating zone district, and petition, in accordance with article II, division 4, to amend the city zoning map. Except where otherwise provided for in this chapter, the floating zone district regulations are derived from the regulations of the underlying zoning district. Floating zone districts may impose supplementary requirements but do not in any manner supersede or replace any requirements of the underlying district, except where specifically provided for in this article or otherwise in this chapter. In all cases, floating zone district map amendments are conditional upon site plan approval through land development project review as provided for in article V of this chapter.

• (b) Objectives. Decisions to approve a floating zone district shall be consistent with the following objectives where applicable:

  • (1) To promote diverse land uses which are consistent with the goals of the city comprehensive plan;

  • (2) To allow for mixed use developments where the site provides adequate safeguards to adjacent districts;

  • (3) To promote greater flexibility and consequently more creative and imaginative design for the development of residential and mixed use areas than generally is possible under conventional zoning regulations; and

  • (4) [Reserved.]

(Rev. Ords. 1987, § 19-99; Ch. 457, § IV, 10-7-97; Ch. 453, § IV, 7-15-08)

The following floating zone districts may by action of the city council amend the city zoning map for sites determined to be appropriate.

• (1) Mixed use floating zone district. A mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

• (2) Cluster floating zone district. A cluster floating zone district may amend any residential zone and permits clustering of residential units with the goal of preserving open space; see further definition in section 19-364.

• (3) Business/technology floating zone district. The business/technology floating zone district permits business/technology uses; see further definition in section 19-364.

(Rev. Ords. 1987, § 19-100; Ch. 457, § V, 10-7-97; Ch. 453, § V, 7-15-08)

• (a) A petition for a floating zone district shall be filed with the city clerk in accordance with the requirements and procedures of article II, division 4, to amend the zoning map, including those for fees, notification and application requirements.

• (b) The city council may consider a petition for a floating zone district map amendment simultaneously with rezoning to the underlying district, as one rezoning petition.

• (c) All projects requiring floating zone district amendments must also be reviewed according to the land development project process of article V of this chapter. The applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as, conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council and then return to the planning board for subsequent required approval.

• (d) The petition for a floating zone district amendment shall be filed concurrently with the application requirements of article V of this chapter for land development project review. The key map of the land development project application may be used as the map required under section 19-72. Notification requirements shall be in accordance with the requirements of each action as specified in section 19-74 and article V of this chapter.

• (e) All floating zone district map amendments shall be approved as conditional upon land development project approval of a site plan. The floating zone district map amendment shall not become finalized until final land development project approval is received.

• (f) Conditional approval of a floating zoning district map amendment shall not bind the planning board to approving a land development project.

• (g) The filing of a floating zone district map amendment petition does not imply its acceptance in whole or part by the city council. The approval of a floating zone district map amendment including any modifications, conditions or restrictions thereto, represents a legally binding commitment by an applicant to carry out the development as approved.

(Rev. Ords. 1987, § 19-101)

• (a) If the proposed land development project for which the floating zone map amendment is proposed is to be phased, the floating zone district map amendment petition shall include the area of all proposed phases.

• (b) Amendments to increase the size of a floating zone district as it appears on the zoning map, shall be treated as a new application and shall follow all of the procedures of this article.

(Rev. Ords. 1987, § 19-102)

• (a) A temporary use permit that confers a temporary privilege to operate beyond the defined permissible uses in any zoning district. Temporary use permits are subject to the following provisions:

  • (1) Temporary use permits shall automatically expire on January 1 of each year.

  • (2) The fee for a temporary use permit shall be set by the zoning officer.

  • (3) A temporary use permit may be revoked at any time by the zoning officer.

  • (4) Applications for temporary use permits shall be submitted to the zoning officer. Temporary use permits shall only issue if:

    • a. Unless expressly allowed by this section, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.

    • b. The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.

    • c. The temporary use is operated in accordance with such restrictions and conditions as the police and fire department may require. If required as a condition of approval, the operator of the temporary use shall employ appropriate security personnel.

    • d. The temporary use does not conflict with another previously authorized temporary use.

    • e. The Applicant shows proof of ownership in the relevant property.

    • f. If the relevant property contains public property, the applicant shall acquire written permission from the director of the department of public works for use of said property, subject to any conditions set by the city.

• (b) Short-term rental. The offering of or occupancy or use of, all or portions of a dwelling unit by anyone other than the owner for a fee for a period of fewer than 28 consecutive calendar days.

  • (1) A dwelling unit in a single-family, two-family, three-family, semi-detached, or multi-family dwelling may be used as a short-term rental, subject to the following standards:

    • a. Properties used as short-term rentals in residential districts must:

      • 1. Local representative. Identify a local representative or property management company authorized to receive any process, notice or demand required or permitted to be served upon the owner of the premises. Said local representative shall:

        • i. Provide contact information that is monitored 24 hours a day.

        • ii. In the case of a complaint regarding use of the temporary use permit for short-term rentals, immediately respond to city officials, including, but not limited to, the police department, but in no case shall such response take more than 12 hours.

        • iii. Respond to, and be physically present at, the short-term rental within 12 hours upon request of the East Providence Police Department.

      • 2. Nuisances. At no time shall the short-term rental be used in such a manner that it creates a nuisance, especially any pattern of nuisance that is otherwise uncommon in residential districts.

      • 3. Events or Parties. At no time shall the short-term rental be used to host events or parties except as may be expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.

    • b. The owner must supply all of the following within the dwelling unit:

      • 1. Visible printed materials with diagrams of all points of egress, written in English, Spanish, and Portuguese.

      • 2. Clearly marked visible fire extinguisher(s).

      • 3. A copy of the nuisance requirements set forth herein.

      • 4. A copy of any and all conditions placed on the temporary use permit.

      • 5. Instructions for the disposal of rubbish and recyclables in a manner consistent with City ordinances and regulations.

    • c. Advertisement of the rental. Any advertisement of a short-term rental within the city shall include:

      • 1. A statement that the short-term rental has been approved by the city.

      • 2. A recitation of any conditions placed on the temporary use permit.

      • 3. A notice that no party or event may occur unless authorized by the property owner and expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.

    • d. Authorized information disclosure. Any party advertising a short-term rental, or any party who accepts a short-term rental temporary use permit, in doing so, agrees to provide the city with a full copy of all rental data and information including, but not limited to, nights rented and gross revenues generated, excluding only the personal information of any renter, within 48 hours of a request for such information by the city solicitor. A $500.00 per day fine may be imposed for each day any party fails to comply with this section.

    • e. Enforcement. the zoning officer shall have the power to impose conditions on any short-term rental temporary use permit with or without cause whenever the zoning officer deems those conditions to be reasonably necessary to maintain the residential character of abutting properties.

      • 1. Advertisement of a residential short-term rental without a temporary use permit. The zoning officer may impose a $500.00 per day fine for each date of advertisement in violation of this section. Such fines may be recorded as liens against the subject property. The zoning officer may abate such fines if the property owner applies for a residential short-term rental temporary use permit within seven calendar days of any written notice provided by the city.

      • 2. Citation by the East Providence Police Department. If the East Providence Police Department responds to a property and finds that the property is not being managed or maintained in a manner comparable and complimentary to the abutting properties, or otherwise has generated an unreasonable nuisance, any report to that effect shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.

      • 3. Violation of law or regulation. Any finding by any officer or agent of the city or any other governing authority with concurrent jurisdiction that the property is in violation of any standard regarding property maintenance or use of the property or is otherwise found to be used in an illegal manner shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.

      • 4. Pattern of improper use. The zoning officer may revoke a temporary use permit for a residential short-term rental if the record is indicative of a pattern of improper use. Examples of a pattern of improper use include multiple instances of cause sufficient for the imposition of conditions on the temporary use permit and/or violations of conditions imposed on a temporary use permit.

In lieu of revocation, the zoning officer shall impose a minimum fine of seven days of maximum potential revenue of the listing and may impose a maximum fine of up to, $500.00 for each day a violation of Chapter 19, Section 103 occurred at the property in question.

• • • • • a. If a full year passes without any instance of a cause sufficient to impose conditions, any past instance of cause sufficient to impose conditions or violations of any such conditions shall be removed from the record.

        • b. Properties with a clean record may petition the Zoning Officer to remove any conditions on the temporary use permit.

    • f. Any decision of the zoning officer or any other city official regarding a temporary use permit is subject to appeal pursuant to chapter 19, article II, Administration, division 2, Board of Review.

(Ch. 765, § II, 5-5-20; Ch. 811, § I, 7-20-21)

• (a) The removal from any premises of more than three cubic yards of sod, clay, loam, sand, gravel or rock in any one year is prohibited, except when incidental to and in connection with the construction of a building, structure, street or highway, public utility, state or municipal facility, subdivision or other activity authorized by this chapter. However, a use of premises for the excavation or removal of sand and gravel existing on the effective date of the ordinance from which this chapter was derived may be continued if the operation has been in continuous use for three years or more on the effective date of the ordinance from which this chapter was derived, notwithstanding any of the provisions contained in article VI of this chapter.

• (b) Upon the completion of any earth removal from premises existing prior to the effective date of the ordinance from which this chapter was derived or authorized by this chapter or the zoning board of review, such premises shall be graded with topsoil and seeded in such a manner so as to prevent erosion, the blowing of soil or other harmful or detrimental conditions. Removal of soil or other earth products other than specifically permitted in this chapter shall be classified as stripping and is prohibited.

(Rev. Ords. 1987, § 19-116; Ch. 453, § VI, 7-15-08)

The requirements and regulations in this division are intended only as minimal standards for the protection of the public health, safety and welfare and should be exceeded wherever practical or desirable.

(Rev. Ords. 1987, § 19-131)

Except as required in section 19-133, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in section 19-145 for the district in which such lot is located may be considered as conforming to the minimum lot requirements of section 19-145, provided that such lot or group of contiguous lots was shown on a recorded plat or on a recorded deed on the effective date of the ordinance from which this chapter was derived (November 29, 1966). These are also referred to as prior recorded lots.

Notwithstanding the failure of a single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance (November 29, 1966) to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district, 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 which is nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width requirements from another zoning district of the same type (i.e. next less restrictive residential zone for a residentially-zoned property or next less restrictive commercial zone for a commercially-zoned property) 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 percent 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 percent 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 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.

All proposals exceeding such reduced requirement shall proceed with a modification request under section 19-5 or a dimensional variance request under section 19-45, whichever is applicable.

(Rev. Ords. 1987, § 19-132; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

It is the intent of this chapter to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots or to reduce the extent of dimensional conformance.

If two or more contiguous lots are under common ownership at any time after the effective date of the ordinance from which this chapter was derived and one or more of these lots fails to meet the requirements of section 19-145 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by sections 19-144 and 19-145 of this chapter, or the off-street parking requirements of section 19-284 of this chapter, and the below standards, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if joint application for a building permit is made by all owners of such parcels. No single lot shall be used in violation of the requirements of section 19-145 with regard to minimum lot area or minimum lot width, except as provided in this chapter.

The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer. Uses on multiple lots in common ownership shall be counted as one lot for the purposes of this calculation.

• • (1) District by district standards for determining lot mergers:

    • a. Stormwater infrastructure is limited such that limiting development in the district will protect area water quality;

    • b. The character of the neighborhood as described in section 19-95 will be protected by the merger of the lots; and

    • c. The goals and policies of the comprehensive plan pertaining to the district will be furthered by the merger of the lots.

(Rev. Ords. 1987, § 19-133; Ch. 184, § I, 11-6-01; Ch. 194, § I, 12-18-01; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)

• (a) Except as hereinafter provided, a dwelling, building or structure hereafter erected in any district shall not be located on a lot or parcel of land having less than the minimum dimensional and setback requirements of this chapter and shall not exceed the maximum height and percentage of lot building coverage.

• (b) No lot, parcel or tract of land shall be reduced in dimension or area such as to be in violation of section 19-145, except as hereinafter provided. A lot created after the effective date of the ordinance from which this chapter was derived shall meet at least the minimum requirements established by this chapter for the district in which such lot is located, except as provided in section 19-133.

• (c) In no instances shall the floor area ratio of development exceed three.

(Rev. Ords. 1987, § 19-134; Ch. 944, § I(Att.), 9-2-25)

Yard regulations shall apply to that open area on the same lot with a principal building or structure and accessory structure located between the lot lines and the minimum setback lines which shall be unobstructed by buildings or structures from the ground to the sky, except as hereinafter provided.

• • (1) In any district, the front yard as established in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures other than 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, except that a driveway and walkways may be located in any required front yard. Parking in the front yard setback shall not exceed one-third of the overall lot width for one and two-family dwellings only. For residential structures only, a handicapped access ramp may be located within the required front yard. No fence or similar screen of solid appearance in a residential district shall exceed four feet in height where located in the required front yard or along property boundaries contiguous to the required front yard.

  • (2) In any district, the side and rear yards as established by the minimum required setback in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures except as hereinafter provided. For residential structures only, a handicapped access ramp may be located within the required side and rear yard setback. (See section 19-144 for regulations pertaining to accessory uses and structures.

  • (3) Off-street parking, loading or unloading area in conformance with sections 19-276 through 19-284 or 19-285 through 19-290 and accessory to a permitted use located on the premises may be located within the required side or rear yard, except where such yard is located in a commercial or industrial district and abuts a residential or open space district, only if necessary to meet the minimum requirements of such sections as determined and approved by the zoning officer and city traffic engineer.

  • (4) In any district, any portion of a required yard not developed for a use expressly permitted under the terms of this chapter shall be landscaped and maintained to enhance the premises and to be attractive and acceptable to the neighborhood.

  • (5) No fence or similar screen of solid appearance in a residential district shall exceed six feet in height where located in the required rear yard or side yard or along property boundaries contiguous to the required rear yard or side yard when said boundary abuts another residential use. For a boundary between a residential and commercial or industrial use no fence or similar screen of solid appearance shall be less than six feet nor more than ten feet in height. These restrictions shall not apply to plantings such as arborvitae or other similar trees or shrubs. Said height shall be measured from the existing grade at the rear and side lot lines.

(Rev. Ords. 1987, § 19-135; Ch. 82, § I, 8-10-99; Ch. 146, § VII, 10-23-00; Ch. 198, § V, 2-19-02; Ch. 642, § VI, 3-15-16)

• (a) The minimum front setback requirements of section 19-145 shall be measured along a line parallel to the lot line at the minimum distance of the required setback. If 75 percent or more of the block frontage of the same street is improved with buildings, the front setback shall extend to the average alignment of such buildings.

• (b) The minimum side and rear setback measurement of section 19-145 shall be measured parallel to the lot line at the minimum distance of the required setback. Where no minimum side setback is required by section 19-145 but where a side setback is actually provided, such side setback shall not be less than five feet.

• (c) Notwithstanding other provisions of this chapter, for any building or structure, the minimum front, side and read setback as required in section 19-145 shall be increased by three feet for each full floor level over the first two floor levels.

(Rev. Ords. 1987, § 19-136; Ch. 194, § II, 12-18-01)

• (a) Notwithstanding other provisions of this division wherever a lot or parcel of land in a commercial or industrial district abuts a lot or parcel of land in a residential district fronting on the same street, the lot or parcel of land in the commercial or industrial district shall have at least one-half of the front setback as required in the adjoining residential district but not less than that required in the commercial or industrial district.

• (b) Notwithstanding other provisions of this chapter wherever a lot or parcel of land in an R-5 district, any commercial district or an I-1 district abuts a lot or parcel of land in a residential district, the side and rear yard setback on the lot or parcel in the R-5, commercial, or I-1 districts shall be measured at least 30 feet from the property line along that portion of the lot or parcel that abuts the residential district.

• (c) Wherever a lot or parcel of land in an I-2 general manufacturing or an I-3 heavy manufacturing district abuts a residential district, the principal building or structure on the lot or parcel in the I-2 or I-3 district shall be set back at least 50 feet from the property line along that portion of the lot or parcel that abuts the residential district.

(Rev. Ords. 1987, § 19-137)

• (a) Side lot line. Notwithstanding any other provisions of this chapter, no side lot line shall be less than 80 feet. In the case of corner lots, which meet all other dimensional requirements and have a side lot line serving in accordance with subsection (b) of this section and section 19-141(c) as a rear lot line, this side lot line may be less than 80 feet but not less than 50 feet.

• (b) Use of side yard as rear yard. Where under the definition a rear yard is not possible as in the case of a corner lot, one side yard shall be designated as a rear yard and shall conform to all regulations of this chapter pertaining to rear yards.

(Rev. Ords. 1987, § 19-138)

Not more than one structure used for residential purposes shall be built upon any single lot in any R-1, R-2, R-3, R-4 or R-6 district. This regulation shall not apply to any accessory dwelling unit permitted under these regulations.

(Rev. Ords. 1987, § 19-139; Ch. 184, § II, 11-6-01; Ch. 944, § I(Att.), 9-2-25)

• (a) Lot frontage. Lot frontage shall be measured along the street right-of-way line between the side lot lines and shall be not less than 40 feet. Where all frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.

• (b) Lot depth. Lot depth shall be measured from the front lot line to the rear lot line; this distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.

• (c) Lot width. Lot width shall be measured as 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. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.

(Rev. Ords. 1987, § 19-140)

• (a) Corner lots—Setbacks. For corner lots, those lots which abut on and at the intersection of two or more streets and/or road rights-of-way, lot frontage shall be considered for the purposes of determining setbacks to be two or more front lot lines which shall all meet the minimum front setback requirements of section 19-145.

• (b) Corner lots—Lot depth and width. Lot depth for corner lots may be measured from any front lot line measuring as indicated in lot depth, to a side lot line considered under this measurement to be a rear lot line. Lot width for corner lots shall be measured as indicated under lot width.

• (c) Use of side yard as rear yard. Where in the case of a corner lot there is no apparent rear lot line, one side lot line shall be designated as a rear lot line and shall conform to all regulations of this chapter pertaining to rear yard setbacks.

• (d) Through lots—Setbacks. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, the lot shall be considered for the purposes of determining setbacks to have two front lot lines which shall both meet the minimum front setback requirements of section 19-145.

• (e) Through lots—Depth. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, depth shall be measured for lots with parallel front lot lines, as the distance measured from the front lot line to front lot line, the distance shall be the shortest distance. For lots where the front lot lines are not parallel, the lot depth is an average which shall be measured from midpoint to midpoint of the front lot lines.

• (f) Through lots—Width. Width shall be measured as indicated under lot width at the minimum front setback from either front lot line.

(Rev. Ords. 1987, § 19-141)

Where the location of a lot width or lot depth line or a front, side or rear lot line is otherwise uncertain, the zoning officer shall determine their position in a manner complying as closely as possible with the requirements of this chapter.

(Rev. Ords. 1987, § 19-142)

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 30 feet from the point of the intersection.

(Rev. Ords. 1987, § 19-143)

• (a) All residentially used or zoned lots shall contain no more than three accessory sheds and one accessory garage. No accessory building or structure shall be located nearer than five feet from a principal building unless such accessory building or structure is attached to the principal building.

• (b) An accessory building, structure or use conforming to section 19-171 may be located within the required side yard setback and rear yard setback, provided it shall not be nearer than five feet from any lot line. A garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances are permitted when such uses are accessory to a nonconforming residential use. In-ground and above-ground swimming pools, however, shall not be located nearer than six feet from a lot line per section 421.4 (locations) of the BOCA Code.

• (c) An accessory building, structure or use conforming to section 19-171 shall be limited to no more than 20 feet in height, except as provided as follows:

An accessory structure which is attached to a principal structure may be treated as a principal structure in terms of height requirements provided the setback requirements applicable to a principal structure are met.

(Rev. Ords. 1987, § 19-144; Ch. 52, § I, 2-3-99; Ch. 216, § II, 6-18-02; Ch. 642, § VII, 3-15-16)

The following is the schedule of area requirements:

 

* Including accessory building.

** Maximum percent of coverage in the OS1 District shall be 20 for educational institutions.

+ In addition to lot building coverage, every parcel shall also be subject to a maximum percentage of impermeable surface coverage. The maximum amount of the site that may be covered by an impermeable surface shall be determined by adding 20 percent of the site area to the maximum percent of lot building coverage as established by section 19-145. For the purposes of calculating the amount of impermeable surface coverage, impermeable surfaces shall include all roads, driveways, parking areas, buildings, loading areas, decking, pools, and other impermeable construction covering the natural landscape.

(Rev. Ords. 1987, § 19-145; Ch. 52, § II, 2-3-99; Ch. 194, § III, 12-18-01; Ch. 867, § V, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

_____

Editor's note— Ch. 453, § VII, adopted July 15, 2008, repealed § 19-146, which pertained to area requirements for port district and derived from Rev. Ords. 1987 § 19-146. See also the Code Comparative Table.

• (a) No single-family dwelling shall be erected or shall be reconstructed, or shall have alterations in size, which result in less than 620 net square feet on one level. For the purposes of this section, net square feet shall be all of the floor area within the walls separating the dwelling unit from the exterior of the building or mechanical space or other dwelling units or common areas, exclusive of garages and porches.

• (b) No dwelling units in two-family or three-family structures, shall be erected or shall be reconstructed or shall have alterations in size, which result in less than 620 net square feet per dwelling unit. For the purposes of this section, net square feet shall be all of the floor area within the walls separating the dwelling unit from the exterior of the building or mechanical space or other dwelling units or common areas, exclusive of garages and porches.

(Rev. Ords. 1987, § 19-156)

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

• • (1) Residential district:

    • a. The raising or growing of horticultural products for home use by a resident family thereon.

    • b. A hen house, barn, stable, kennel or dairy incidental to a permitted farming use.

    • c. A garden or tool shed used only for the storage of garden implements and light home maintenance tools.

    • d. A greenhouse not exceeding 1,500 cubic feet and not used for commercial purposes.

    • e. Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances.

    • f. A private garage or parking area as required in sections 19-276 through 19-284 in connection with a dwelling for:

      • 1. Not more than three motor vehicles, which shall not include more than one vehicle owned by a nonresident of the premises in an R-1 or R-2 district.

      • 2. Not more than four motor vehicles, which shall not include more than two vehicles owned by a nonresident of the premises in an R-3 or R-4 district.

      • 3. Not more than two motor vehicles per dwelling unit, which shall not include more than one vehicle owned by a nonresident of the premises for each two dwelling units in an R-5 or R-6 district.

In any case, not more than one commercial vehicle weighing not more than two and a half tons gross weight shall be permitted to park overnight on a residential premises in a residential district, except in the case of a farm operated on a full-time basis by a resident thereon.

• • • g. A professional home office or studio located within the principal building of the premises of a resident architect, artist, author, attorney, clergyman, dentist, engineer, physician or other member of a recognized profession; provided that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no more than one other person is regularly employed therein in connection with such in an R-1, R-2, R-3 or R-4 district, and not more than two other persons are regularly employed therein in connection with such use in an R-5 or R-6 district.

    • h. Any home occupation use such as dressmaking, millinery, home cooking and preservation and similar domestic crafts, excluding barbershops, beauty parlors, hair dressers, dance studios, schools and repair services of any kind, customarily conducted within the principal building by a resident of the premises, provided that there is no exterior storage of material or equipment, that no display of products shall be visible from the street, that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in connection with such use in an R-1, R-2 or R-3 district, and not more than one other person is regularly employed therein in connection with such use in an R-4, R-5 or R-6 district.

The practice of massage therapy conducted by a state licensed massage therapist* conducted within the principal building by a resident of the premises, provided that:

• • • • 1. There is no exterior storage of material or equipment;

      • 2. No display of products shall be visible from the street;

      • 3. Not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in the R-1, R-2, R-3, R-4, R-5 and R-6 districts;

      • 4. The resident shall have obtained a special use permit under section 19-39 et seq., Special Use Permit;

      • 5. The applicant shall obtain any licenses required by the city; and

      • 6. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

    • i. Servants' quarter.

    • j. A seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises of a permitted farming use by the resident, owner or lessee thereof.

    • k. Dormitory or living quarters for churches or other places of worship, educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

    • l. The renting of a room to not more than two persons.

    • m. Other similar accessory uses customarily incidental to a permitted use, except that the storage of pallets in commercial form shall not be permitted in residential areas.

    • n. Portable storage containers* may be placed in a residential district for up to 30 calendar days. The building official may permit the placement of a portable storage container for more than 30 days provided that the property owner has a valid building permit for construction, reconstruction, alteration or remodeling of the structure or due to extenuating circumstances such as hurricane, fire or flood. A portable storage container* may not be used as an accessory structure to a principal use and further shall not be permitted for use as a detached permanent storage building, utility building workshop, hobby shop and other similar purposes.

  • (2) Open space district:

    • a. Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

    • b. Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.

    • c. Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

    • d. Other accessory uses customarily incidental to a permitted use.

  • (3) Commercial district:

    • a. Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

    • b. Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

    • c. Other accessory uses customarily incidental to a permitted use.

    • d. Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.

    • e. Amusement game machines, in conjunction with a permitted business use, according to section 19-98, provided such use is beyond 500 feet from the property boundary of any school, church, other place of worship or religious institution, or public recreation area. No amusement game machine, as defined by this chapter, shall be allowed to operate without the issuance of a proper license by the city council.

  • (4) Industrial district:

    • a. Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

    • b. Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.

    • c. Other accessory uses customarily incidental to a permitted use.

    • d. Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.

    • e. Employees services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use.

  • (5) Business/technology floating zone district:

    • a. Accessory uses customarily incidental to a permitted use.

    • b. Off-street parking as regulated by division 11 of this article, and off-street loading and unloading as regulated by sections 19-285 through 19-290.

    • c. Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use, and further which meet the requirements of section 19-364 relating to the definition of a business/technology development. Such services shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: dry cleaning services (drop-off and pick-up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).

    • d. Licensed child day care centers for children of employees of the businesses in the business/technology district.

(Rev. Ords. 1987, § 19-171; Ch. 457, § VI, 10-7-97; Ch. 146, § VIII, 10-23-00; Ch. 470A, § VI, 10-7-08; Ch. 489A, § III, 10-6-09; Ch. 944, § I(Att.), 9-2-25)

• (a) Emergency shelters shall be permitted as an accessory use in any district, subject to the setback, yard and lot building coverage requirements of the district. In addition, an emergency shelter may be used for any principal or accessory use permitted in the district except for habitation by persons other than occupants of the principal dwelling. Structures or portions of buildings to be used as emergency shelters shall meet the requirements of the building code and standards issued by the department of civil defense, office of civil defense mobilization, and shall be approved by the city director of civil defense.

• (b) Other provisions of this chapter notwithstanding, underground shelters or those not exceeding three feet above grade, or subterranean portions thereof, may exceed the side and rear minimum setback dimensions and lot building coverage requirements of the district and may be placed without restriction on location in relation to the principal building or structure or other accessory structures.

• (c) When it is established that an emergency shelter would not be permitted under the foregoing provisions owing to topographic condition, the location and coverage upon the lot of existing structures or other characteristics peculiar to the site, the zoning board of review, in consultation with the director of civil defense, may grant the following exceptions:

  • (1) An aboveground structure may be located anywhere in a side or rear yard, provided that an underground type shelter is not feasible. Whenever it is considered desirable, the zoning board of review may require that such shelters be attached and constructed to a height conforming to the principal structure.

  • (2) An underground shelter or one not exceeding three feet above grade may be located in the front yard.

• (d) In granting these exceptions, the zoning board of review may impose whatever conditions it may find desirable to control the appearance in relation to the street and the effect on surrounding property.

• (e) Subject to approval of the city director of civil defense, the zoning board of review may permit the construction of a common shelter by two or more property owners across two or more property lines. All side and rear yard requirements may be waived except where an abutting property is not included in the joint proposal. The board shall require the execution of an agreement between all property owners involved concerning rights and obligations of taxation, access and maintenance.

• (f) Subject to approval of the city director of civil defense, the zoning board of review may permit a privately owned group or neighborhood shelter as a principal use in any district.

(Rev. Ords. 1987, § 19-172)

• (a) General requirements. Notwithstanding any other provisions of this chapter, the following criteria shall apply to all helistops in order to assure public safety:

  • (1) Helistops shall be located only in those districts as allowed by special use permit in section 19-98;

  • (2) No helistop shall be established or operated in the city until all applicable federal and state rules, regulations, requirements and permits are obtained and complied with;

  • (3) No helistop shall be established or operated in the city until all permits or fees as required by this chapter and the provisions of all other ordinances of the city and all other requirements are complied with;

  • (4) All helistop landing areas shall be located at ground level and shall not be permitted on roof tops, buildings or other elevated structures;

  • (5) The landing and taking off of helicopters at helistops shall be permitted only during daylight hours between sunrise and sunset;

  • (6) For the administration and enforcement of this section and the location, design and layout of helistops, the publication Heliport Design Guide AC 150/5390-1A by the Federal Aviation Administration, U.S. Department of Transportation dated November, 1969 or its latest equivalent, shall be used for standards and reference;

  • (7) A detailed site plan shall be submitted with all applications showing the size, location and other pertinent information of the touchdown, landing and peripheral area, types and location of constructed facilities, paving markings and location of safety equipment, parking layout, fencing and landscaping and all other facilities as required or provided. Additionally, a plot plan shall be submitted showing the helicopter landing facility with two clearance planes (approach and departure paths and side slopes) in relation to all physical features of the land including development thereon for a radius of at least 500 feet from the landing area.

• (b) Approach, location and area requirements. Approach, location and area requirements shall be as follows:

  • (1) Approach and departure paths shall be selected to provide the most advantageous lines of flight to and from the landing and touchdown area and to minimize the adverse effects of excessive noise on residential areas, schools, churches, religious institutions and similar public and semi-public facilities.

  • (2) Every helistop shall be so located and used so as to provide at least two approach paths oriented as much as possible into the prevailing wind, at least 90 degrees apart, and clear of obstructions above an imaginary plane having a slope of eight feet horizontally to one foot vertically (8:1) flaring uniformly from the width of the landing area to a width of 500 feet at 4,000 feet from the landing area. If necessary, a curved approach may be used, however, it shall have a turning radius of not less than 700 feet.

  • (3) There shall be no obstructions adjacent to the landing area and the approach and departure paths above an imaginary plane (side slope) having a slope of two feet horizontally to one foot vertically (2:1) from the centerline of the approach and departure paths to a distance of 250 feet.

  • (4) The dimension of the touchdown area shall be equal to rotor dimensions of the largest helicopter anticipated to use the landing facility but in any instance not less than 20 feet by 20 feet.

  • (5) The width and length dimensions of the landing area including the touchdown area shall be at least 1.50 times the overall length of the largest helicopter anticipated to use the landing facility but in any instance not less than 50 feet by 50 feet.

  • (6) A peripheral clear area of at least ten feet shall be provided around the landing area for safety purposes.

  • (7) Helistops shall not be located any nearer than 200 feet to any adjacent residential zone boundary line.

• (c) Improvement requirements. Improvement requirements for helicopter landing areas shall be as follows:

  • (1) All helicopter land pads, touchdown and landing areas shall be paved with dust-proof material and all pathways, driveways, parking areas and other similar associated facilities shall be paved.

  • (2) The peripheral area shall be surrounded by a fence or wall at least four feet in height and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the helicopter rotor blades.

  • (3) Landing markers and a wind indicating device shall be provided and be in conformance with any applicable state regulation and federal recommendation.

  • (4) At least one fire extinguisher shall be provided at helistops and an approved means of emergency communications such as telephone, fire alarm box or other signaling device may be required. All fire protection devices, equipment and the location thereof shall be subject to the approval of the fire prevention officer of the city fire department and he may impose such other safety requirements as deemed necessary.

(Rev. Ords. 1987, § 19-173; Ch. 914, § I(Att.), 12-19-23)

• (a) Permits required. Transit shelters may be located within city or state highway rights-of-way or on adjacent properties by obtaining a city zoning and building permit, subject to the following requirements:

  • (1) A transit shelter shall meet requirements of chapter 4 as it may be applicable to meeting all structural and electrical requirements in order to obtain a building permit or an electrical permit.

  • (2) Permit fees will be waived for transit shelters to be erected under the authority of a public transportation agency.

• (b) Location. The location of transit shelters shall be as follows:

  • (1) Transit shelters may be located within the sidewalk area of a public right-of-way, or on adjacent private property. When the transit shelter is located on private property, the private property owner shall be a signatory to the application for a building permit.

  • (2) A transit shelter, as a public convenience, shall be exempt from the lot area and yard requirements of sections 19-131 through 19-142 but shall conform to the requirements of section 19-143.

  • (3) In order for a zoning permit to be issued under section 19-56, the zoning officer shall determine that the following requirements are met:

    • a. The transit shelter does not block or hinder access to adjacent property;

    • b. The transit shelter does not substantially obstruct the visibility of commercial establishments abutting or adjacent to a street;

    • c. Transit shelter placement must allow a safe, minimum, unobstructed width of three feet for pedestrian movement on the sidewalk, and when space permits, a four-foot width shall be required;

    • d. An applicant for a permit shall provide a written guarantee that there will be no conflict or interference with the location or maintenance of public or private utilities or utility service to abutting property.

• (c) Liability. The city shall be indemnified against any and all liability in connection with bus shelter placement, location, maintenance, use or removal.

• (d) Maintenance. Maintenance of the transit shelter shall not be the responsibility of the city but shall be the sole responsibility of the applicant for a permit. Maintenance shall be on a routine basis with provisions for snow removal and emergency maintenance. A maintenance plan and schedule shall be submitted with the request to locate a shelter.

• (e) Cause for removal. The city reserves the right to order removal or relocation of transit shelters at the expense of the owner/applicant with no liability to the city, upon due notice for

bona fide cause. Causes shall include but not be limited to inadequate maintenance or failure to follow the approved maintenance plan and schedule, nuisance, interference with the construction, repair or maintenance of any public or private utility service or other cause determined to impair or threaten the use, safety, welfare or the rightful use of the right-of-way.

• (f) Advertising. Transit shelter advertising shall be as follows:

  • (1) Transit shelter advertising shall be limited to one double faced advertising panel. The live area of each face shall not exceed 22 square feet in area, or a width of not greater than 48 inches;

  • (2) If the advertising panel is illuminated, it shall be by internal illumination and shall meet the guidelines of article VII of this chapter.

  • (3) Advertising shall conform to the requirements of chapter 8, article XI.

(Rev. Ords. 1987, § 19-174)

• (a) Generally. Except in a floating zone district which is regulated by subsection (b) of this section, the following regulations shall apply to all open storage which may qualify as an accessory use or open storage of a temporary nature or duration:

  • (1) The open storage shall not occur within any required front, side, or rear yard as established by the minimum setback requirements of section 19-145;

  • (2) The open storage shall not exceed the maximum height limitation of the district as provided in Section 19-145;

  • (3) The open storage shall be secured from unauthorized access;

  • (4) The open storage shall be contained and/or covered as necessary so as to prevent its movement or transport by act of nature, including leaching into the ground. Without limiting the foregoing, materials which are subject to erosion by wind shall be protected by effective cover or other treatment, which shall be identified in the application. Materials which are subject to erosion by water or leaching shall be protected through effective control measures, which shall be identified in the application.

  • (5) The open storage shall be screened from the view of adjacent residential properties and from public streets; the proposed method of screening shall be noted in the application and on the plans;

  • (6) The open storage of anything that can be moved or damaged by water, or which is wholly or partly soluble in water shall be prohibited within floodways, special flood hazard areas, or V zones, as provided in division 12, flood hazard areas, section 19-306 et. seq.;

  • (7) The open storage shall only be allowed where the findings required in section 19-39 are met;

  • (8) Open storage shall conform in all respects to the standards set forth in division 14, industrial processes, of this article.

  • (9) A special use permit granted for open storage shall be limited to the specific type and quantity of commodity, equipment, supplies, material(s), and substance(s), and the manner of storage of such items, as specified on the special use permit application and shall not be deemed permissive of any other type of open storage activity. A change in open storage activity from that previously granted through a special use permit shall require a new special use permit petition to the zoning board of review.

  • (10) Petitions for special use permit for open storage shall meet the application requirements for a special use permit and shall additionally include the following:

    • a. A specific listing of the commodity, equipment, supplies, material(s), or substance(s) for which the open storage special use permit is being requested, which shall include the specific type and specific quantity of commodity, equipment, supplies, material(s) or substance(s), and the manner in which such items shall be stored;

    • b. A site plan which shall specifically identify and show the location of the proposed open storage on the parcel which is the subject of the special use permit.

    • c. Fire plan. A fire plan, subject to the review and approval of the fire chief, shall be part of the application and, at a minimum, shall address the following: proximity of fire hydrants to the open storage; accessibility and access for emergency vehicles; the chemical nature and qualities of the material(s) to be stored and a statement as to their combustibility; flammability; and/or explosive or corrosive qualities; and any potential threats to public safety, health and welfare.

(Rev. Ords. 1987, § 19-175; Ch. 146, § IX, 10-23-00; Ch. 453, § VIII, 7-15-08)

• • 1. The purpose of this section is to promote the development of large-scale solar photovoltaic facilities (SPF) to promote sustainable renewable energy options through the use of such equipment as solar photovoltaic cells and potentially the use of said facility as an educational opportunity regarding green technology and renewable energy. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section.

  • 2. A large-scale, solar photovoltaic facility shall be a permitted accessory use on portions of the property owned by the City of East Providence, known as the former Forbes Street Landfill, Parcel 001, Block 1, Assessors Map 511, zoned Open Space - 1, subject to review and approval by the planning board as a land development project (LDP).

  • 3. The construction and operation of all large-scale solar photovoltaic installations shall be reviewed in accordance with the procedures and standards of Article V. Land Development Projects. The land proposed for the SPF is owned by the City of East Providence and an SPF shall not be approved unless the applicant(s) has/have executed a contingent sale (based on an SPF being approved) or an executed long-term lease (ten (10) years or more) for all the property composing the proposed SPF. The Board shall impose any reasonable conditions they find appropriate to improve the site design. The underlying zoning of the site shall stay in effect. In addition, electrical, plumbing and/or building permits from the Building Division shall be required.

  • 4. Preapplication conference: The applicant shall have at least one preapplication conference with the director of the department of planning. The planning director, as administrative officer, may invite the director of public works, city engineer, fire chief, building official, zoning officer, and any other party deemed to be appropriate to the preapplication review.

(Ch. 533, § III, 9-6-11)

• • 1. Consistency with the comprehensive plan. The proposed large scale solar photovoltaic facility shall further the implementation of the City's adopted comprehensive plan and a finding of consistency with said document shall be required.

  • 2. Front, rear and side yard building setback regulations. SPFs shall meet all required setbacks from all property lines which form the perimeter of the site and any interior access driveways and rights-of-ways shall be platted on the site plan and their material for construction, right-of-way width, and paved width, shall be shown on the required plans.

  • 3. Operation and maintenance requirements for the SPF. The property shall be maintained by the owner(s) of the property and/or the operators of in such a way that the property shall be cleared of debris, weeds, trash etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order; malfunctioning, equipment in disrepair or inoperable equipment shall be removed from the property immediately and disposed of in accordance with all applicable local, state and federal regulations.

  • 4. Compliance with laws. The construction and operation of a ground-mounted solar photovoltaic facility shall comply with all applicable local, state, and federal requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of or associated with a ground-mounted solar photovoltaic facility shall be constructed in accordance with the state building code.

  • 5. A sign at the facility shall be required to identify the name of the owner and operator of the facility and provide a 24-hour emergency contact phone number. The facility shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. And any such signs shall meet the city's zoning regulations.

  • 6. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. This requirement shall not interfere with national grid requirements on net metering.

(Ch. 533, § III, 9-6-11)

• (a) The maximum height of a ground-mounted solar energy panels shall be 15 feet. The height of a ground-mounted solar energy system shall be measured from the ground level or the base of the system's pedestal to the highest point of the solar energy system or the base of the system's pedestal.

• (b) Ground-mounted solar energy systems shall conform to the yard requirements of the applicable zoning district or be setback a distance equal to the total height of a panel, whichever is greater.

• (c) Electrical wiring and connections from the solar energy system to any building(s) they serve shall be underground to the extent compatible with the topography and site conditions, unless the electrical lines must come aboveground at their termination point to connect to the building or utility line receiving the solar-generated electricity.

• (d) Electrical, plumbing, and/or building permits from the building official, following LDP approval from the planning board, shall be required.

• (e) Any and all construction shall comply with the yard and height requirements of the zoning district in which the parcel is located, Open Space - 1.

• (f) Parking and aisle width requirements. The applicant shall demonstrate that adequate access, parking, driveway and access aisle widths and circulation are provided for service and emergency vehicles as determined by the board in consultation with the fire chief.

• (g) Drainage. Erosion and sedimentation control shall conform to the Rhode Island Department of Environmental Management Stormwater Design Manual and all applicable regulations of the City of East Providence.

• (h) Landscaping. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted, solar photovoltaic field or as otherwise prescribed by applicable laws, regulations, and by-laws.

• (i) Reasonable efforts, as determined by the board, shall be made to place all utility connections from the SPF underground, depending upon appropriate soil conditions, shape, topography of the site, sub-surface conditions, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

• (j) Lighting of a ground-mounted solar photovoltaic facility shall be consistent with local, state, and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

• (k) Main access. At the main entrance to the facility, the property shall be secured from unauthorized access subject to the review and acceptance of the planning board and concurrence of the director of public works and the fire chief as it relates to the provision of emergency services.

(Ch. 533, § III, 9-6-11)

• • 1. LDP application form signed by both the City of East Providence and an authorized representative of the proposed operator(s) of the facility, an executed ground lease for the location of the facility on portions of the city's former Forbes Street landfill, and a description of the financial surety that satisfies Sec. 19-280. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Rhode Island.

  • 2. Site plan. The applicant shall submit a site plan containing the following information:

    • (a) The boundaries of the property and the area, including dimensions and square footage of the total installation and number of arrays, showing where the solar arrays are proposed to be installed;

    • (b) Geotechnical feasibility study relating to possible landfill settlement post-installation;

    • (c) One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

    • (d) Location and dimensions of proposed parking areas, roads, and other site improvements;

    • (e) Existing and proposed grading, clearing and/or placement of vegetation;

    • (f) Location of existing and proposed electric lines;

    • (g) Location and perimeters of existing and proposed easements;

    • (h) Location of all underground utilities, water and sewer lines;

    • (i) The construction schedule and any phasing schedule for development of the SPF.

    • (j) The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the city's fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

    • [3.] Proof of liability insurance.

    • 4. Operation and Maintenance Plan. The applicant shall submit a plan for the operation and maintenance of the large scale solar photovoltaic facility, which shall include measures for maintaining safe access to the facility, stormwater control, as well as general procedures for operational maintenance of the facility. Maintenance shall include, but be not limited to, painting, structural repairs, and integrity of security measures.

    • 5. Additional materials. The applicant shall submit additional information, reports or other information required by the planning board to make an informed decision.

    • 6. Utility notification. No large-scale ground mounted photovoltaic facility shall be constructed until evidence has been given to the board that the utility company that operates the electrical grid where the facility is to be located has been informed of the solar photovoltaic facility owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(Ch. 533, § III, 9-6-11)

• • 1. Removal requirements. Any large-scale ground-mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 19, Zoning, shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

    • (a) Physical removal of all large-scale ground-mounted SPF's, structures, equipment, security barriers and transmission lines from the site.

    • (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

    • (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

  • 2. Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPF shall be considered abandoned when it fails to operate for more than one year without the written consent of the city council and planning board as it relates to the land development project approval. If the owner or operator of the large-scale ground-mounted SPF fails to remove the facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the city may physically remove the facility.

  • 3. Financial surety. Applicants proposing to develop large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the city must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the board (and subject to the review of the city solicitor), as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. Such surety will not be required for municipally or state-owned facilities.

(Ch. 533, § III, 9-6-11)

• (a) Description. This section regulates the establishment of accessory dwelling units as allowed by G.L. 1956, § 45-24-37 and this chapter.

• (b) General requirements and standards.

  • (1) An ADU is a permitted accessory use on the same lot where the principal use is a legally established residential use. Only one accessory dwelling unit shall be created on a lot.

  • (2) A minimum lot size of 5,000 square feet is required for either the construction of a detached ADU or the expansion of the footprint of an existing structure to accommodate an ADU.

  • (3) The ADU shall be no larger than two bedrooms:

    • a. A two bedroom ADU shall be no larger than 1,200 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less.

    • b. A studio or one bedroom ADU of at least 900 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less.

  • (4) The design and size of the accessory dwelling unit shall conform to all applicable standards, including health regulations, building code requirements, and all other federal, state and local laws, rules and regulations, including the provisions of this chapter.

  • (5) The utilities for both the principal unit and the accessory dwelling unit shall be common to both (i.e., one electric service, one gas service, one oil tank, one water connection, and one sewer hook-up).

  • (6) One additional off-street parking space shall be provided for any accessory dwelling unit that is greater than one bedroom in size, or that is located on a property that does not meet at least 50 percent of the minimum required parking standard for the existing use(s). All such required parking shall be provided on the premises.

(Ch. 944, § I(Att.), 9-2-25)

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Editor's note— Ch. No. 914, § I(Att.), adopted December 19, 2023, in effect, repealed div. 5, §§ 19-186—19-191 and enacted a new div. 5 as set out herein. Former div. 5 pertained to similar subject matter and derived from Rev. Ords. 1987, §§ 19-186—19-191.

Cross reference— Fire prevention, ch. 5.

Gasoline filling stations may be allowed upon issuance of a special use permit by the zoning board of review or planning board under unified review. Notwithstanding any other provisions of this chapter, the requirements and design standards in this division shall apply to all gasoline filling stations as defined in section 19-1.

• • (a) Special use permit criteria. The following criteria shall apply for gasoline filling station applications:

    • (1) Compatibility with the neighboring transportation network as evidenced by:

      • a. The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

        • 1. Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

        • 2. Safety (accident data, sight distance, roadway conditions, etc.);

        • 3. Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

        • 4. Existing volumes (traffic counting);

        • 5. Site-generated and future traffic;

        • 6. Planned transportation improvements, if any;

        • 7. Projected parking demand for the facility, and adequacy of available on-site parking;

        • 8. Analysis of the specific impacts of fuel deliveries.

    • (2) Compatibility with neighboring land uses as evidenced by:

      • a. Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent properties. Suitable landscaping shall be provided on the site in all areas not required for pedestrian or vehicular traffic movement to enhance and make the premises acceptable and attractive to the surrounding area. Suitable separation shall be made between the pedestrian sidewalk and the vehicular moving area by means of a landscaped barrier to vehicular movement.

      • b. Submission of evidence that the proposed development's, noise, trash management, and other operations will not unduly disturb nearby residents.

      • c. Submission of a lighting plan that includes suitable illumination arranged as to reflect the light away from adjoining property;

      • d. Hours of operation, which may be modified by the zoning board or planning board, shall be compatible with neighboring residential uses.

      • e. All buildings shall not be less than 30 feet from the lot line fronting the street.

      • f. Pumps and other facilities shall be set back not less than 15 feet from the lot line fronting the street.

      • g. Where any filling station adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational, or religious purposes, a wall or fence of solid appearance or tight evergreen hedge shall be erected to a height of not less than 5½ feet. Such fence shall be maintained in a neat and attractive manner.

      • h. The filling station building shall be located not less than 50 feet from any residential building.

    • (3) Protection of environmental resources as evidenced by:

      • a. Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties.

      • b. Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties. Surfaces that are subject to automobile traffic shall be paved with a durable surface.

      • c. Submission of evidence that fuel will be properly stored, managed and delivered, and will not lead to negative effects on surface or groundwater resources, air quality, or other environmental factors. The applicant shall provide evidence of spill prevention measures, spill planning, leak prevention and ongoing safety inspections.

    • (4) Protection of public safety as evidenced by:

      • a. Submission of evidence of the proposal's conformance with relevant fire, building, health codes and other relevant state and federal requirements, as well as other relevant public safety factors.

      • b. 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.

      • c. The filling station property shall be separated from the streetline by a curb at least six inches high. The location and extent of curb cuts shall be subject to the approval of the city traffic engineer or the state traffic engineer in accordance with their respective jurisdictions.

(Ch. 914, § I(Att.), 12-19-23)

• (a) Notwithstanding any other provisions of this chapter, the following regulations shall apply to all nursing homes, rest homes and homes for the aged:

  • (1) The maximum percent of coverage of all buildings and structures shall not exceed 30 percent of the lot or premises.

  • (2) Every room used for sleeping purposes shall contain at least 100 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least an additional 60 square feet of floor space for each additional occupant thereof.

  • (3) Landscaping and architectural treatment shall be 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 shall be provided in the form of paved walks and patios and shall include benches and similar facilities. Area devoted to passive recreation shall equal at least ten percent of the lot or premises.

• (b) Special use permit criteria. In cases where nursing homes, rest homes and homes for the aged are allowable by special use permit in a district, the following criteria shall apply:

  • (1) Compatibility with the neighboring transportation network as evidenced by:

    • a. Submission of a traffic impact study analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

      • 1. Analyses of roadways which may be influenced by the project; including adjacent roads and major intersections;

      • 2. Safety (accident data, sight distance, roadway conditions, etc.)

      • 3. Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

      • 4. Existing volumes (traffic counting);

      • 5. Site-generated and future traffic;

      • 6. Planned transportation improvements, if any.

  • (2) Compatibility with neighboring residential land uses as evidenced by:

    • a. Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties.

    • b. Submission of evidence that the proposed development's loading, trash management, and other operations will not unduly disturb nearby residents.

    • c. Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that development will not have a negative effect on adjacent properties or natural resources.

    • d. Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that the development will not have a negative effect on adjacent properties or natural resources.

  • (3) Safety of the development's residents as evidenced by the proposal's conformance with relevant fire code, building code and health code requirements, conformance to other dimensional requirements listed in this section, as well as other relevant public safety factors.

(Rev. Ords. 1987, § 19-201; Ch. 914, § I(Att.), 12-19-23)

Editor's note— Ch. 944, § I(Att.), adopted Sept. 2, 2025, repealed § 19-202, which pertained to accessory family dwelling units and derived from Ch. 506, § VII, adopted July 20, 2010.

Notwithstanding any other provisions of this chapter, the regulations in this division shall apply to all multifamily properties.

(Rev. Ords. 1987, § 19-216; Ch. 944, § I(Att.), 9-2-25)

In any multifamily structure the minimum front, side and rear setbacks shall be increased by five feet for each full floor level in the structure over the first two floor levels.

(Rev. Ords. 1987, § 19-217; Ch. 867, § VI, 12-20-22; Ch. 944, § I(Att.), 9-2-25)

Maximum multifamily dwelling density is shown in the following table. Usable lot area is defined in section 19-1.

 

Properties with more than one dwelling unit bedroom count type shall not exceed the average per lot square feet. For example, a property with one two-bedroom dwelling unit, one one-bedroom dwelling unit, one studio, and one accessory dwelling unit could not exceed a density of one unit per 1,667 lot square feet (accessory dwelling units do not count towards residential density).

(Rev. Ords. 1987, § 19-218; Ch. 867, § VII, 12-20-22; Ch. 944, § I(Att.), 9-2-25)

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Cross reference— Regulations of amusements generally, § 8-66 et seq.

• (a) Amusement game centers, as defined in section 19-1, shall be located only in the C-3, C-4 and C-5 districts, subject to compliance with the regulations of this section.

• (b) No amusement game center shall be located within 500 feet of the property boundary of any public or nonprofit school, church, other place of worship, religious institution, or public recreation area; within a 200-foot radius of a residentially zoned area; and not within 2,500 feet of each other.

• (c) Each machine in an amusement game center shall meet all licensing requirements of the city, and any other ordinance provisions of the city that may be applicable.

• (d) Amusement game centers shall be physically separated and isolated from a business establishment of another character whenever located as part of another business establishment.

(Rev. Ords. 1987, § 19-231; Ch. 914, § I(Att.), 12-19-23)

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Editor's note— Ch. 146, § X, adopted Oct. 23, 2000, repealed sections 19-245—19-249, in their entirety and renumbered former section 19-250 as new section 19-245. Former sections 19-245—19-249 pertained to regulation of hazardous waste facilities and derived from Rev. Ords. 1987, §§ 19-245—19-249.

Cross reference— Fire prevention, ch. 5; utilities, ch. 17.

Any person seeking to develop a hazardous waste management facility in a neighboring community shall file with the city clerk ten copies of all original application documents submitted to, and siting agreements made with the state department of environmental management and the neighboring community including applications and agreements made in variance of the original permit and agreements.

(Rev. Ords. 1987, § 19-250; Ch. 146, § XI, 10-23-00)

--- (7) ---

Cross reference— Garbage and refuse, ch. 6.

• (a) In conformance with the requirements of section 19-56, trash storage areas, including provision for dumpsters where applicable, shall be required for the following uses or categories of uses as set forth in section 19-98:

  • (1) Multifamily dwelling.

  • (2) Tourist home or lodginghouse.

  • (3) Motel, motor inn or hotel.

  • (4) Nonprofit club; civic, social or fraternal.

  • (5) Hospital, sanitarium, clinic, nursing home.

  • (6) Retail business.

  • (7) Wholesale business.

  • (8) Service business.

  • (9) Office uses.

  • (10) Commercial recreation.

  • (11) Transportation.

  • (12) Industrial.

  • (13) Manufactured home courts.

  • (14) Gasoline filling stations.

This requirement may be waived by the city zoning officer where the applicant for a permit demonstrates that no outdoor trash disposal area will exist on the premises.

• (b) Trash storage area, including dumpsters, shall meet the following requirements:

  • (1) Shall not be located within the required front yard;

  • (2) May be located in the required side or rear yards but not less than five feet from the property line and enclosed by a stockade fence or similar screening structure at least six feet in height. The trash storage area shall be obscured from the view of the adjacent property and from the street;

  • (3) Shall be maintained by the property owner in compliance with sections 4-161 and 4-330;

  • (4) Shall not interfere with off-street parking and loading areas or requirements including safe vehicular and pedestrian movement;

  • (5) Shall not cause a public nuisance.

  • (6) Trash storage areas shall not be located between the public-right-of-way, or public rights-of-way in the case of a corner lot or parcels with more than one public street frontage, and the principal use which it serves.

(Rev. Ords. 1987, § 19-261; Ch. 198, § VI, 2-19-02; Ch. 642, § VIII, 3-15-16; Ch. 944, § I(Att.), 9-2-25)

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Cross reference— Stopping, standing and parking generally, § 18-296 et seq.

In any district where permitted, no use of premises shall be authorized or extended, no land shall be used or occupied and no building or structure shall be erected, altered, used or enlarged unless there is provided for such use, extension, erection, alteration or enlargement off-street automobile parking spaces as required in this division. Any building or use of premises existing at the time of the adoption of this chapter with parking space that does not meet the requirements of this chapter will not be required to do so, provided that any enlargement, extension or alteration of the building or use of the premises shall provide off-street parking space as required in this division. Such off-street parking space may be provided in the open or under cover.

(Rev. Ords. 1987, § 19-276)

The off-street parking spaces associated with permitted uses as provided for and required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the parking requirements of such associated permitted uses occurs to permit a corresponding change in the size of the required off-street parking area.

(Rev. Ords. 1987, § 19-277)

Each off-street parking space required by this chapter shall have vehicular access to a street and shall be on the same lot or premises as the building, structure or use it is intended to serve, on a lot adjoining the premises or on a lot directly across an adjoining street from the premises. When practical difficulties as determined by the zoning board of review prevent the location of off-street parking space as required in this division, such space shall be located within 400 feet of the premises. In such instances, appropriate deed restrictions and/or easements shall be placed in the land evidence records for both the property on which the use is located and the property on which the parking is located. Such legal documents shall be subject to the review and approval of the city solicitor. Notwithstanding any other provisions of this chapter, off-street parking for commercial or industrial uses as required in this section shall not be permitted in any residential or open space zone.

(Rev. Ords. 1987, § 19-278; Ch. 146, § XIII, 10-23-00)

• (a) Joint use. Nothing in this chapter shall be construed to prevent the joint use of off-street parking space for two or more buildings, structures or uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

• (b) Shared use. No part of an off-street parking space required for any building, structure or use for the purpose of complying with the provisions of this chapter shall be included as part of an off-street parking space similarly required for another building, structure or use unless the type of use indicates that the peak period of usage of such buildings, structures or uses will not be simultaneously with each other as determined by the zoning officer. All properties utilizing shared parking under this subsection (b) shall have notice of such restriction recorded in the land evidence records of the city at the cost of the applicant.

(Rev. Ords. 1987, § 19-279; Ch. 146, § XIII, 10-23-00; Ch. 453, § IX, 7-15-08; Ch. 944, § I(Att.), 9-2-25)

In the case of mixed uses on a premises, the total requirements for off-street parking space shall be the sum of the requirements of the various uses computed separately as hereinafter required, and the off-street parking space for one use shall not be considered as providing the required off-street parking space for any other use.

(Rev. Ords. 1987, § 19-280; Ch. 146, § XIII, 10-23-00)

• (a) When the schedule requires the on-site number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift (most employees). It shall mean the total number of employees on the site who will use the site for parking at any one time.

• (b) A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a single-family or two-family dwelling. Parking spaces may be stacked or in tandem, for no more than two cars deep, one and two-family dwellings only. Parking in the front yard setback shall not exceed one-third of the overall lot width.

• (c) Industrial uses. Where it can be demonstrated, to the satisfaction of the zoning officer and/or the planning board or the department of planning and urban development, that employment projections indicate less parking would be needed than that required by section 19-284 and adequate land is available should future use(s) warrant additional parking, then fewer parking spaces will be allowed.

• (d) If a use is not specifically listed in the off-street parking schedule, the requirements shall be the same as for the most similar use listed as determined by the zoning officer in consultation with the department of planning and urban development referencing the Institute of Traffic Engineers Parking Generation Report.

(Rev. Ords. 1987, § 19-281; Ch. 146, § XIII, 10-23-00; Ch. 642, § IX, 3-15-16; Ch. 944, § I(Att.), 9-2-25)

• (a) Minimum size. Each parking space shall contain an area of not less than 162 square feet for the parking of one vehicle, exclusive of necessary drives or aisles. In allocating space for off-street parking, each parking space shall measure no less than nine feet by 18 feet. Minimum aisle widths shall be as follows:

  90 degree angle parking	24 feet (one-way and two-way traffic)
  60 degree angle parking	23 feet (two-way traffic)
  	18 feet (one-way traffic)
  45 degree angle parking	21 feet (two-way traffic)
  	13 feet (one-way traffic)
  30 degree angle parking	20 feet (two-way traffic)
  	11 feet (one-way traffic)
  0 degree angle parking	20 feet (two-way traffic)
  	13 feet (one-way traffic)

 

• (b) Individual parking spaces shall be clearly defined, and permanently marked and maintained on the parking surface with painted lines, or other means acceptable to the zoning officer, and directional arrows and traffic signs shall be provided as necessary for traffic control. A driveway may be considered a required parking space only for detached one- and two-family dwellings and need not contain painted lines.

• (c) Pervious parking surfaces shall be allowed in environmentally sensitive areas, subject to the approval of the zoning officer, in consultation with the director of planning and the city engineer/deputy director of public works.

(Rev. Ords. 1987, § 19-282; Ch. 146, § XIII, 10-23-00; Ch. 642, § X, 3-15-16)

• (a) The following requirements establish minimum acceptable standards for alleviating the visual and environmental effects associated with parking facilities. The application of these standards will serve to improve the compatibility and attractiveness of such facilities, provide relief from un-shaded paved areas, and minimize noise and glare from lights associated with off-street parking facilities. In addition, these requirements will improve pedestrian safety, and optimize traffic circulation patterns with better-defined space.

• (b) [Reserved].

• (c) Construction standards. Every parcel of land which after the effective date of the ordinance from which this chapter was derived is changed to a parking area for five vehicles or more, shall be developed as follows, subject to the review and approval of the required plans by the city engineer/deputy director of public works and subject to the approval of the zoning officer and building official:

  • (1) Such area where subject to wheeled traffic shall be paved, drained, lighted and arranged and marked for convenient access and safety of pedestrians and vehicles;

  • (2) Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjoining premises and streets;

  • (3) Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper or wheel guards or traffic islands;

  • (4) Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a curb at least six inches high;

  • (5) The location and extent of the appropriate curb cuts shall be determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer, and wherever state jurisdiction exists, all curb cuts shall be subject to the approval of the state department of transportation as evidenced by submission of an approved physical alteration permit. In order to minimize vehicular conflicts, curb cuts shall be placed at the maximum feasible distance from intersections or from curb cuts for adjacent properties. Except where peculiar site or safety conditions warrant, only one curb cut shall be permitted for each development. Where a lot has more than one street frontage, all curb cuts for multifamily, commercial, or industrial uses shall be located on the primary (arterial or collector) street. This condition may be waived only, if in the determination of the city engineer/deputy director of public works, particular site or safety conditions so warrant.

  • (6) A plan that identifies changes in drainage associated with the construction of paved parking areas, and the method(s) proposed to address site drainage, shall be submitted and subject to the review and approval of the city engineer/deputy director of public works in accordance with city standards and requirements.

• (d) Commercial or industrial areas. Where any parking area containing five parking spaces or more and located in a commercial or industrial district adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a five-foot wide landscaped strip containing a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the parking area and the residential district or residential, educational, recreational or religious premises, subject to the approval of the zoning officer.

• (e) Residential areas. Where any parking area containing five parking spaces or more and located in a residential district adjoins or abuts a lot or premises used for residential purposes, a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet shall be erected and maintained in a neat and attractive manner between the parking area and the lot or premises, subject to the approval of the zoning officer.

• (f) Landscaping. Any parking area established, expanded, or required to be altered because of building alteration or reuse of premises, after the effective date of the ordinance from which this chapter was derived, shall provide a minimum five foot wide planting strip between the parking area and the street. The planting strip may be interrupted to allow for entrances and exits, but in no portion may the planting strip be less than ten feet in length. The planting strip shall be planted with trees, shrubs, plants or other live vegetation. Such other landscaping treatment as hereinbefore required and practicable to enhance the premises and make the parking area acceptable and attractive to the adjoining neighborhood shall be provided, subject to the approval of the zoning officer.

• (g) Maintenance. Any parking space or area shall be kept by the owner in a neat and attractive manner in accordance with specifications and ordinances of the city. The owner shall be responsible for maintenance of landscaping, including the removal and replacement of all dead or diseased plantings. The parking area shall be plowed and/or sanded within 24 hours after the end of any snow or sleet storm.

(Rev. Ords. 1987, § 19-283; Ch. 53, § VI, 2-3-99; Ch. 146, § XIII, 10-23-00; Ch. 944, § I(Att.), 9-2-25)

• (a) In calculating the total number of required spaces, all numbers should be rounded off to the nearest whole number. The following numbers or amounts of off-street parking space or area shall be required for the listed uses in this section according to the following schedule:

  Use	Spaces Required (Note: GFA is Gross Floor Area)
  (1) Dwelling:  (a) Single-family and two-family  (b) Three-family	(a) Two spaces for each household or dwelling unit (b) One and one-third per dwelling unit
  (2) Dwelling, other multifamily and elderly housing:  (a) Dwelling, other multifamily  (b) Dwelling, elderly housing (publicly assisted)	(a) Two spaces for each household or dwelling unit, plus one space for each bedroom in excess of two bedrooms (b) One-half space for each dwelling unit, plus one space for each employee
  (3) Congregate care or assisted living facility	One space for each three dwelling units or rental units
  (4) Child day care center or nursery school	One space for each five persons of the facility's licensed capacity, plus three spaces designed for the safe and convenient loading and unloading of children
  (5) Churches and other places of worship	One space for each eight seats, plus one for each employee
  (6) Clinics	Four spaces for each doctor, plus one for each employee
  (7) Clubs: Civic, social, fraternal	One space for each five members or one space for each five seats, whichever is greater, plus one space for each two employees
  (8) Clubs: golf country, swimming and similar uses, including yacht clubs	One space for each three members, plus one space for each employee
  (9) Communications services and broadcasting	One parking space for each 400 square feet of GFA
  (10) Commercial education institutions, industrial trade schools	One space for each instructor, plus one space for each two employees or other staff members, plus one space for each two students
  (11) Commercial recreation	One space for each 200 square feet of GFA or one space for every three seats, whichever is greater, plus one space for each employee
  (12) Community or regional shopping center greater than 200,000 square feet of gross floor area	One space for each 250 square feet of retail GFA, plus one space for each employee. Total parking space for restaurant and/or each free-standing use on the premises shall be added cumulatively to the above requirements.
  (13) Cultural center	One space for each 200 square feet of GFA, plus one space for each employee
  (14) Funeral homes and mortuaries	One space for each three seats in meetings rooms, plus one space for each employee, plus one space for each company vehicle
  (15) Helistop	Two spaces where a helistop is located more than 500 feet from the buildings or main premises of the owner or proprietor or as otherwise determined by the zoning officer
  (16) Home occupations and professional offices or studios	One space for each 100 square feet of floor area so used, plus one space for each employee, plus two spaces for each dwelling unit for permanent occupancy
  (17) Hospitals	One space for each two beds, plus one space for each two employees including accredited physicians
  (18) Nursing or convalescent homes	One space for each four patient beds
  (19)  (a) Hotels, motels, lodging houses, boarding houses and tourist homes  (b) Bed and Breakfast	(a) One space for each guest sleeping room or suite, plus one space for each employee. Total parking space for each accessory use on the premises shall be added cumulatively to the above requirements (b) One per guest room, plus one for the owner/occupant of the premises.
  (20) Industrial and manufacturing establishments	One space for each 270 square feet of GFA or one space for each two employees on the largest shift, whichever is most appropriate, subject to the approval of the zoning officer
  (21) Institution of higher education	One space for each classroom, plus one space for each two employees or staff members other than teachers, plus one space for each two students
  (22) Marinas, yacht clubs, boatyards and docks	One space for each mooring slip or other berthing facility, plus one space for each two employees
  (23) Office uses:  (a) Office use including bank, professional, medical and dental  (b) Office building(s) of greater than 40,000 GFA  (c) Medical and dental	(a) One space for each 500 square feet of GFA (b) One space for each 500 square feet of GFA (c) One space for each 200 square feet of GFA
  (24) Telemarketing uses	One space for each 150 square feet of GFA
  (25) Data processing center*	One space for each 150 square feet of GFA
  (26) Business/technology development, as defined in section 19-1	One space for each 250 square feet of GFA; however, up to 15 percent of the total spaces required may be held in reserve as provided for in section 19-370, pertaining to reserve parking area for business/technology development
  (27) Other institutions devoted to the board, care and treatment of humans	One space for each four beds, plus one space for each two employees, including accredited physicians
  (28) Theatres, auditoriums or other any public assembly area with fixed seats	One space for each three seats, plus one space for each employee
  (29) Any public assembly area without fixed seats	One space for each 100 square feet of total floor area
  (30) Public and private elementary and junior high/middle schools	Two spaces for each classroom, plus one space for each employee or staff member other than teachers
  (31) Public and private high schools	Two spaces for each classroom, plus one space for each employee or staff member other than teachers, plus one space for each four students of driving age
  (32) Religious institution*	One space for each ten occupants, plus one space for each institution vehicle, plus one space per employee
  (33) Retail and service business establishments	One space for each 500 square feet of GFA
  (34) Convenience store	One space for each 500 square feet of GFA
  (35) Retail furniture and major appliance showrooms	One space for each 500 square feet of GFA, plus one space for each employee
  (36) Food Service Establishments and Restaurants as defined in R.I.G.L. 45-24.7-2  (a) Indoors  (b) Outdoor  (c) In Mixed Use Overlay Districts	(a) One space for each six seats provided for patron use, plus one space for each two employees. (b) Up to 20 outdoor seats in an approved outdoor dining area shall be exempt from these requirements. (c) Any indoor or outdoor seating located within the Mixed Use Overlay district is exempt from these requirements provided the physical building footprint has not increased.
  (37) Fast food restaurant  (a) Indoors  (b) Outdoor  (c) In Mixed Use Overlay Districts	(a) One space for each four seats or one space per 500 square feet of GFA, whichever is greater, plus drive-through window stacking spaces as elsewhere required by this chapter. (b) Up to 20 outdoor seats in an approved outdoor dining area shall be exempt from these requirements. (c) Any indoor or outdoor seating located within the Mixed Use Overlay district is exempt from these requirements provided the physical building footprint has not increased.
  (38) Manufactured home courts	One and one-third spaces for each manufactured home, plus one space for each employee, plus one space for each dwelling unit for permanent occupancy
  (39) Wholesale, distribution and warehousing establishments	One space for each two employees, or at a minimum, one space for each 2,000 square feet of GFA, plus additional spaces for customers' vehicles as determined appropriate by the zoning officer
  (40) Dormitory for institution of higher education	One space for each two beds
  (41) Other uses (Note: Drive-through stacking land requirements are contained in section 19-464.)	The requirement(s) shall be the same as for the most similar use listed as determined by the zoning officer and the department of planning and urban development referencing the Institute of Traffic Engineers Parking Generation Report.

 

• (b) For the calculation of off-street parking space for proposed development or re-development under the provisions of the Main Street and Neighborhood Center Overlay District, refer to subsection 19-322(d).

• (c) In addition to the hereinabove required off-street parking spaces, adequate provisions shall be made for the off-street parking of all company-owned vehicles operating out of the premises, as determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer.

• (d) The number, size, location and identification of handicapped spaces shall comply with the standards of title III of the American with Disabilities Act (ADA), and as otherwise required by applicable law.

• (e) No part of any required non-residential parking area shall be used for dead storage, automotive repair work, or dismantling of any kind.

• (f) For certain critical areas of concern as identified in the city's comprehensive community plan (1992), namely the Turner Reservoir/Central Pond critical area and the Runnins River critical area, the city may prohibit the provision of off-street parking spaces that are in excess of the number of spaces required under this ordinance.

• (g) Outdoor dining.

  • (1) Up to 50 percent of a restaurant and/or fast food restaurant's required non-handicap, on-site parking spaces may be used for outdoor dining, up to a maximum of four required spaces. Additional parking spaces may be utilized for outdoor dining if they conform to all applicable parking and other requirements. See section 19-360.4.

(Rev. Ords. 1987, § 19-284; Ch. 457, § VII, 10-7-97; Ch. 146, § XIII, 10-23-00; Ch. 154, § II, 1-16-01; Ch. 216, § III, 6-18-02; Ch. 470A, § VII, 10-7-08; Ch. 642, § XI, 3-15-16; Ch. 867, § X, 12-20-22; Ch. 914, § I(Att.), 12-19-23; Ch. 919, § II, 5-7-24; Ch. 944, § I(Att.), 9-2-25)

In order to avoid undue interference with the public use of the street, adequate space for the standing, loading and unloading of delivery vehicles shall be provided and maintained. No land or premises shall be used or occupied and no buildings or structures shall be erected or used unless off-street loading space as required by this chapter is provided. Such off-street space is not required for any building, structure or use of premises existing on the effective date of the ordinance from which this chapter was derived with off-street loading spaces that do not meet the requirements of this chapter; provided however that off-street loading space as required by this chapter shall be provided for by any enlargement, extension or alteration to any such existing structure or use.

(Rev. Ords. 1987, § 19-285)

Off-street spaces with permitted uses as required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the off-street loading requirements of such associated permitted uses occurs to permit a corresponding change in the number of off-street loading spaces.

(Rev. Ords. 1987, § 19-286)

Nothing in this chapter shall be construed to prevent the joint use of off-street loading space for two or more buildings, structures or uses on the same or contiguous premises if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

(Rev. Ords. 1987, § 19-287)

The off-street loading spaces required by this chapter shall be in all cases on the same premises as the use, building or structure they are intended to serve and shall have vehicular access to a street. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements of this chapter. The use of such off-street loading space shall not hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.

(Rev. Ords. 1987, § 19-288)

• (a) For each club of any type, commercial educational institution, commercial recreation, cultural center, educational institution, motel, hotel or motor inn, hospital or sanitarium, office, place of public assembly, elementary, junior or high school or other similar use not provided for in this division, off-street loading and unloading space of at least 480 square feet in area with a minimum width of 12 feet, a minimum length of 40 feet and, where covered, a minimum overhead clearance of 14 feet shall be provided according to the following schedule:

  Gross Floor Area in Square Feet	Number of Off-Street Loading Spaces
  0 to 9,999 .....	0
  10,000 to 49,000 .....	1
  50,000 to 99,000 .....	2
  Each additional 100,000 .....	1

 

• (b) For each business, commercial, manufacturing or industrial enterprise of over 1,000 square feet but less than 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 300 square feet in area shall be provided.

• (c) For each business, commercial, manufacturing or industrial enterprise of over 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 770 square feet in area with a minimum width of 14 feet, minimum length of 55 feet and, where covered, a minimum overhead clearance of 15 feet shall be provided according to the following schedule:

  Gross Floor Area in Square Feet	Number of Off-Street Loading Spaces
  4,001 to 8,000 .....	1
  8,001 to 25,000 .....	2
  25,001 to 40,000 .....	3
  40,001 to 100,000 .....	4
  100,001 to 250,000 .....	5
  Each additional 200,000 .....	1

 

(Rev. Ords. 1987, § 19-289)

• (a) Construction. Off-street loading space and access drives shall be paved, drained and lighted and shall have appropriate bumper or wheel guards where needed, and any light used for illumination shall be so arranged as to reflect the light away from adjoining premises and streets. Where any off-street loading space adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the off-street loading space and the residential district or residential, educational or religious premises, provided that when the provisions of this division are in the judgment of the zoning officer impossible or impractical of performance, they may be waived by the zoning officer at his discretion.

(Rev. Ords. 1987, § 19-290; Ch. 944, § I(Att.), 9-2-25)

Any development or construction, whether residential, commercial or industrial, requiring 50 or more parking spaces, must obtain land development project approval subject to article V of this chapter.

(Rev. Ords. 1987, § 19-291)

--- (9) ---

Editor's note— Section I of Ch. 580, adopted Aug. 20, 2013, amended Div. 12 in its entirety to read as herein set out. Former Div. 12 pertained to similar subject matter and derived from Ch. 474, adopted Jan. 20, 2009.

The purpose of this division 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 City of East Providence elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

(Ch. 580, § I, 8-20-13; Ch. 628, § I, 9-15-15)

• (a) [Floodplain overlay district established.] The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the City of East Providence designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence 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. The map panels of the Providence County FIRM that are wholly or partially within the City of East Providence are panel numbers 44007C337G, and 44007C339G dated March 2, 2009; 44007C317J, 44007C336H, 44007C338H, and 44007C451H dated September 18, 2013; and 44007C309K, 44007C326J, 44007C327H, 44007C328J and 44007C329H dated October 2, 2015. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The office of emergency management 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 Emergency Management Agency and the department of public works engineering division.

• (b) Disclaimer of responsibility. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

• (c) Severability. If any section, provision, or portion of this division is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.

• (d) Other development. For the purposes of this section, "other development" shall be defined as any action exclusive of that which requires the issuance of a building permit under the Rhode Island State Building Code. Such other development shall include, but not necessarily be limited to, the following:

  • (1) Earth, gravel or mineral removal or extraction.

  • (2) Alteration of the topography by cutting, filling or grading.

  • (3) Storage of bulk materials outside of a structure.

  • (4) Construction or placement of facilities or improvements not normally requiring a building permit.

• (e) [Conflict of provisions.] This division shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this division imposes a greater restriction, the provisions of this division shall control.

(Ch. 580, § I, 8-20-13; Ch. 628, § II, 9-15-15)

Unless specifically defined below, words and phrases used in this division pertain to floodplain management, have the same meaning as they have in common usage and to give this division 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 100-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 man-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 home 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 manufacturing 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 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.

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.

Floodproofing: Any combination of structural and non-structural 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".

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.

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 in 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 non-elevation design requirements of § 60.3 [sic].

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 ratemaking 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 it 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: 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.

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.

For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (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 percent 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 percent 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:

• • (1) 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

  • (2) 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.

(Ch. 580, § I, 8-20-13; Ch. 628, § III, 9-15-15; Ch. 914, § I(Att.), 12-19-23)

All proposed construction or other development within a special flood hazard area shall require a permit. 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.

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.

(Ch. 580, § I, 8-20-13)

A permit fee (based on the cost of the construction) may be required to be paid to the City of East Providence and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the permitting authority and/or board of appeals need the assistance of a professional engineer.

(Ch. 580, § I, 8-20-13; Ch. 914, § I(Att.), 12-19-23)

• (a) In a riverine situation, the building official or his/her designee shall notify the following of any alteration or relocation of a watercourse:

• Adjacent communities

• Bordering states (optional)

• NFIP State Coordinator
Rhode Island Emergency Management Agency
645 New London Avenue
Cranston, RI 02920

• Risk Analysis Branch
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110

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

• (b) The building official or his/her designee shall maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.

(Ch. 580, § I, 8-20-13)

The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

• Rhode Island State Building Code (as established under G.L. 1956, ch. 23-27.3)

• Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (G.L. 1956, ch. 46-23)

• Endangered Species Act, Rhode Island Department of Environmental Management (G.L. 1956, § 20-1-2)

• Freshwater Wetlands Act, Rhode Island Department of Environmental Management (G.L. 1956, § 2-1-18)

• Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (G.L. 1956, chs., 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)

• Water Quality Regulations, Rhode Island Department of Environmental Management (G.L. 1956, chs. 42-17.1 and 42-17.6 and 46-12)

• Revised Ordinances of the City of East Providence

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 the above state regulations.

(Ch. 580, § I, 8-20-13)

• (a) Construction standards in special flood hazard areas (SFHA), zones AH, AO, A1-30, and AE.

  • (1) Within zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

  • (2) Within zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.

  • (3) In zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Providence 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.

• (b) [Subdivision proposal requirements.] All subdivision proposals must be designed to assure that:

  • (1) Such proposals minimize flood damage;

  • (2) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

  • (3) Adequate drainage is provided to reduce exposure to flood hazards.

• (c) Accessory structures. Detached accessory structures in zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:

  • (1) The structure has a value less than $1,000.00.

  • (2) 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.

  • (3) The structure is not in the floodway.

  • (4) The structure is not used for storage of hazardous materials.

  • (5) The structure is used solely for parking of vehicles and/or limited storage.

  • (6) The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.

  • (7) The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

  • (8) Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

  • (9) The structure must not increase the flood levels in the floodway.

• (d) [Contour intervals.] Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

• (e) [Change of use.] 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.

• (f) The space below the lowest floor [must be]:

  • (1) 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

  • (2) Constructed with open wood lattice-work, 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

  • (3) Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten or more than 20 pounds per square foot.

(Ch. 580, § I, 8-20-13)

• (a) Floodway data. In zones A, A1-30, and 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.

• (b) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

• (c) Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.

(Ch. 580, § I, 8-20-13)

• (a) The building official shall enforce all provisions as applicable in reference to G.L. 1956, § 23-27.3-108.1.

• (b) Every person who shall violate any provision of this code shall be subject to penalties put forth in G.L. 1956, § 23-27.3-122.3.

(Ch. 580, § I, 8-20-13)

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Editor's note— Section VIII of Ch. 506, adopted July 20, 2010, renumbered Div. 13 to read as herein set out.

• (a) Description and purpose. The purpose of this section is to establish sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas. Where honey bees are of benefit to mankind, by providing agriculture, fruit and garden pollination services, and by furnishing honey, wax and other useful products, and gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are property located and carefully managed and maintained, the city allows such use as an accessory use in all zoning districts only when in accordance with this section and only when in compliance with all applicable rules and regulations of the city and state. Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such a disposition as to cause a public nuisance, and/or so as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.

• (b) [State regulation and registration.] Section 4-12-1 et seq. of the Rhode Island General Laws regulates apiculture and G.L. 1956, § 4-12-12 requires that all apiaries in the state are registered with the director of the Department of Environmental Management.

• (c) [Definitions.] As used in this section, the following words and terms shall have the meanings ascribed in G.L. 1956, Chapter 4-12-2, Definitions, unless the context clearly requires otherwise:

  • (1) Abandoned colony or apiary means any colony or apiary which is not currently registered and has not been registered within the preceding two years and/or which the state inspector is unable to locate the owner and is unable to inspect due to conditions within the colony which render the colony or apiary uninspectable. Apiary means the assembly of one or more colonies of bees at a single location.

  • (2) Apiary means any place or location where one or more colonies or nuclei of honeybees are kept.

  • (3) Authorized official means the state official authorized to inspect apiaries in the state of origin of the bees being transported into or through the state.

  • (4) Beekeeper means any individual, person, firm, association or corporation owning, possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts, or for the pollination of crops for either personal or commercial use.

  • (5) Beekeeping equipment means all hives, hive bodies, supers, frames, combs, bottom boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices or boxes or other containers which may have been used in the capturing or holding of swarms, and including honey which may be or have been used in or on any hive, colony, nuclei or used in the rearing or manipulation of bees or their brood.

  • (6) Bees means any stage of the common honey bee (Apis mellifera) at any stage of its life kept for the production of honey, wax, or pollination, excluding the African honeybee (Apis mellifera scutellata) and any hybrids.

  • (7) Colony means the bees inhabiting a single hive, nuclei boc or dwelling place.

  • (8) Director means the director of the Rhode Island Department of Environmental Management.

  • (9) Disease means American foulbrood and other infections, contagious or communicable disease affecting bees or their brood.

  • (10) Eradicate means the destruction and or disinfection of infected and/or infested bees, equipment and/or pests by burning or by treatment approved by the state inspector.

  • (11) Feral colony means an unowned or unmanaged colony of bees existing naturally.

  • (12) Hive means any manmade domicile with removable frames for keeping bees.

  • (13) Inspector means a person appointed by the director of the Department of Environmental Management to check for diseased conditions or pest infestations in one or more apiaries as authorized by law.

  • (14) Pests means the honey bee tracheal mite, Acrapis woodi, and the Varroa mite, Varroa jacobsoni, and other arthropod pests detrimental to honey bees; and genetic strains of the Africanized bee subspecies, Apis melliflora adansoni and/or Apis mellifera scutellata.

  • (15) Swarms means a natural division of a colony in the process of becoming a feral colony.

• (d) Standards and requirements.

  • (1) Registration. As required by Rhode Island State Law, all honey bee colonies shall be registered annually with the Rhode Island Department of Environmental Management, Division of Agriculture, in compliance with their rules and regulations, and a copy of said registration shall be submitted annually to the city's zoning officer and animal control officer.

  • (2) Beekeeping equipment. Bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.

  • (3) Colony densities. It is unlawful to keep more than the following number of colonies on any lot of land within the city, based upon the size and/or configuration of the lot on which the apiary is located. All setbacks and other regulations shall be met.

    • a. A lot of a minimum of 7,000 square feet: One hive.

    • b. A lot of minimum of 7,000 square feet but 10,000 square feet or less: Two hives.

    • c. A lot of at least one-half acre (21,768 square feet) but less than one acre (43,560 square feet): Four hives.

    • d. One acre or larger lot size: Eight hives

    • e. Regardless of tract size, where all hives are situated at least 200 feet in any direction from all property lines on which the apiary is situated, there shall be no limit to the number of colonies.

  • (4) Hive placement. Hives shall be located in a side or rear yard only and shall be set back a minimum of ten feet from any adjoining property line. Hives shall be kept as far away as possible from roads, sidewalks, and rights-of-way. Hives shall be placed on a lot so that general flight patterns avoid contact with humans and domestic animals.

  • (5) [Commercial or industrial building hives.] Commercial or industrial building rooftop hives or garage roof-mounted hives shall meet all applicable building codes and standards and shall apply for and receive a building permit prior to commencement of work.

  • (6) Water source. Each beekeeper shall ensure that a convenient source of water is available to all bees at all times during the year on the lot on which the hive(s) is located so that the bees will not congregate at swimming pools, faucets, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact.

  • (7) Queens. All colonies shall be maintained with marked queens. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly requeen the colony with another marked queen. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

  • (8) Flyway Zone. In each instance in which any colony is situated within ten feet of a developed public or private property line on the lot upon which the apiary is situated, as measured from the nearest point of the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall or fence parallel to the property line and extending five feet beyond the hive in each direction so that all bees upon leaving the hive are forced to fly at an elevation of at least six feet above ground level over the flyway structure.

  • (9) General maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

  • (10) Prohibited. The keeping by any person of honeybee colonies in the city not in strict compliance with this chapter is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony not residing in a standard or homemade hive structure which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the city by the mayor or designee. Unless such bees present an imminent threat to public safety, the Department of Environmental Management, Division of Agriculture, and the city's animal control officer shall first be contacted to assess the possibility of collecting and relocating the bees by a person or company possessing the means to safely remove said bees.

(Ch. 506, § VIII, 7-20-10; Ch. 877, § I, 6-6-23)

No one shall engage in apiculture without first obtaining a zoning certificate as provided for in this section. A certificate of zoning shall not be issued until the applicant submits proof of registration of the apiary with the Rhode Island Department of Environmental Management, Division of Agriculture.

• • (1) Information required. Applicants seeking to engage in apiculture must provide the following on the site plan and/or in accompanying documentation in conjunction with an application for a zoning certificate:

    • a. A copy of a current, valid apiary registration application to the Rhode Island Department of Environmental Management, Division of Agriculture, and proof that they have also notified and/or provided the city's animal control officer with a copy of said registration application.

    • b. Property owner name and address, assessors map block and parcel and existing structures on the lot.

    • c. Location of hive(s) showing setbacks; location of roads, sidewalks and rights-of-way in relation to the location of the hive(s).

    • d. Location of and manner of fencing of flyways, if required under section 19-317(b)(8) [19-316(d)(8)].

    • e. Location of required water source.

    • f. Any other relevant information related to the operation of the apiary, if requested by the zoning officer.

    • g. If the hive(s) shall be located on a rooftop, the applicant shall also apply for a building permit and provide all information required for such by the building official.

  • (2) Operation. It shall be presumed for purposes of this section that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the lot upon which a hive or hives are situated. The certificate of zoning authorizing such use shall be recorded in the city's land evidence records at the expense of the applicant. This shall not be changed but by a written agreement authorizing another person to maintain the colony or colonies upon the lot setting forth the name, address, and telephone number of the other person who is acting as the beekeeper, which is reviewed for a certificate of zoning and which shall then be recorded in the city's land evidence records at the expense of the applicant.

(Ch. 506, § VIII, 7-20-10)

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Editor's note— Ch. 944, § I(Att.), adopted Sept. 2, 2025, amended the title of Art. 14 to read as herein set out. The former Art. 14 title pertained to trailer courts.

Cross reference— Regulation of trailers and trailer camps generally, § 8-496 et seq.

• (a) General requirements. General requirements for manufactured home courts shall be as follows:

  • (1) Manufactured home courts shall be located only in those districts as allowed in section 19-98.

  • (2) No manufactured home shall be located and no manufactured home court shall be established or operated until all permits and fees as required by this chapter and other ordinances and requirements of the city have been complied with.

  • (3) Any individual manufactured home hereafter located and used for living purposes in the city shall be located in a manufactured home court. Storage of a single camping or travel manufactured home by a resident owner thereof may be allowed on a premises, provided that such storage shall be restricted to the rear yard of such premises.

  • (4) Any manufactured home used for living purposes failing to meet the requirements of chapter 4, article III for housing and the minimum residential floor area requirements of this chapter shall not be allowed to remain in the city for more than ten days.

• (b) Specific requirements. Specific requirements for manufactured home courts shall be as follows:

  • (1) Any applicant for a special use permit for a manufactured home court shall present detailed plans and specifications acceptable to the zoning officer and suitable for making determinations as required in this section as well as sections 19-5, 19-6, 19-36 through 19-41, 19-56, 19-57, 19-71 through 19-77, 19-173 through 19-175, 19-216 through 19-218, 19-231, 19-245 through 19-250, 19-261, 19-361 through 19-370 and 19-386 through 19-392.

  • (2) The plans and specifications of the proposed court shall show its area, boundaries, locations of driveways, interior streets, sites for manufactured homes, automobile parking, locations and kinds of all sanitary conveniences, methods of sewage and garbage disposal and plans for water supply and lighting.

  • (3) Prior to the granting of an occupancy permit by the zoning officer, the state department of health shall inspect the manufactured home court and notify the zoning officer in writing if such premises comply with the regulations of the state department of health concerning the operation of such premises. Upon receiving such notice, the zoning officer may issue an occupancy permit to the applicant, provided that the applicant has satisfied all other requirements as contained in this division.

  • (4) The manufactured home court shall be under the direct supervision of the holder of the permit who shall be responsible for its proper management. The holder of the permit shall require all persons residing in the court to register in a book kept for that purpose giving their name, age, place of permanent residence, marital status and the license number of their motor vehicle and manufactured home. Such registration book shall be available at all times to the police for inspection.

  • (5) Each manufactured home court shall meet the following requirements as to improvements:

    • a. Each manufactured home lot site shall be provided with suitable connections to:

      • 1. A potable water supply system;

      • 2. A sewage disposal system;

      • 3. An electrical distribution system.

    • b. Whenever possible, these facilities shall be connected to the appropriate municipal facilities subject to the approval of the city engineer.

    • c. Parking for residents and visitors shall be provided as required in section 19-276 et seq., except that the required parking spaces shall be located within 50 feet of the manufactured home lot site, notwithstanding any other provisions of this chapter.

    • d. Interior streets, parking spaces and walkways shall be provided with a paved and durable surface. The paved widths shall be at least 20 feet for the interior streets and two feet for walkways.

    • e. Suitable communal recreation areas shall be provided in the court.

    • f. Where any manufactured home court adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge of not less than five and a half; feet maintained in a neat and attractive manner between the manufactured home court and the residential district or residential, educational, recreational or religious premises, subject to the approval of the zoning officer, provided that when the provisions of this division are impossible or impractical of performance, they may be waived by the zoning officer at his discretion.

  • (6) Each manufactured home court shall meet the following area requirements:

    • a. The site shall contain at least five acres and shall have no more than a maximum residential density of 15 manufactured home lot sites per gross acre.

    • b. Trailer lot sites shall have a width of at least 30 feet and of not less than 1,500 square feet, provided that manufactured home courts in existence on the effective date of the ordinance from which this chapter was derived which provide manufactured home lot sites having a width or area less than that prescribed in this subsection may continue to operate with sites of the existing width and area.

    • c. Trailers shall be so harbored on each site that there shall be at least a 20-foot clearance between manufactured homes, provided that with respect to manufactured homes parked end to end, the end-to-end clearance shall not be less than 15 feet.

    • d. Trailers shall not be located closer than 20 feet from any building in the court or from any property line bounding the court.

    • e. Individual manufactured homes shall conform to the requirements of subsection 19-306(2).

    • f. Adequate drainage and access for a manufactured home hauler shall be provided for each manufactured home lot site.

    • g. Use of pilings in areas subject to flooding according to section 19-306 shall conform with floodproofing requirements as provided in section 19-1.

  • (7) No person shall operate a manufactured home court without first obtaining a license therefor from the city council as follows:

    • a. Prior to the granting of an occupancy permit by the zoning officer, all applicants shall be required to file a petition for the issuance of a license with the city council.

    • b. No license shall be issued until a public hearing on such issuance shall be held by the city council. Notice of such hearing shall be mailed postage prepaid by the city clerk not less than ten days prior to the date of such hearing to all property owners in or within 200 feet, of the perimeter of the subject property, whether within the city or an adjacent city or town. Additional notice of such public hearing specifying the time and place shall be given by publication of such information in a newspaper of local circulation within the city at least once each week for three successive weeks prior to the date of the hearing.

    • c. At the hearing an opportunity shall be given all persons interested to be heard upon the matter of such license.

    • d. After such hearing as provided in this section, the city council deems such license to be in the interest of the welfare of the city.

    • e. Every such petition to the city council shall be accompanied by ten copies of a map, accurately drawn, showing the actual shape, dimensions and area of the lot or premises in question and of abutting property in or within 200 feet of the subject property, and such other information as may be necessary.

    • f. Every such petition for city council action shall set forth the names and addresses of all property owners in or within 200 feet from the perimeter of the land in question, whether within the city or an adjacent city or town where applicable, as of 30 days prior to the date and time of filing. Such names and addresses shall be used by the city clerk to give notice by mail, as required in this division, to abutting property owners.

    • g. Every petition so filed shall be accompanied by a filing fee of $50.00, payable to the city.

(Rev. Ords. 1987, § 19-321; Ch. 944, § I(Att.), 9-2-25)

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Editor's note— Ch. 642, § XII, adopted March 15, 2016, renumbered the former Div. 15, pertaining to industrial processes, as Div. 16 and enacted a new Div. 15 as set out herein.

Note— Terms defined in section 19-1, definitions, are indicated with an asterisk (*).

• (a) Application. The Main Street and Neighborhood Center Overlay Districts within the city shall include the following designated districts:

  • (1) Taunton Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Taunton Avenue from the westerly side of its intersection with Walnut Street and going easterly on the southerly side of Taunton Avenue to its intersection with Carlton Avenue, and on the northerly side of Taunton Avenue to its intersection with Irving Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Taunton Avenue Overlay District may choose either to develop or redevelop subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2, C-3, and (Taunton Avenue) TA).

  • (2) Waterman Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Waterman Avenue, commencing on the western terminus from its intersection with Massasoit Avenue and North Brow Street, proceeding easterly, and terminating at its intersection with Pawtucket Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Waterman Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2 and C-3).

  • (3) Warren Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Warren Avenue, commencing on the western terminus of Warren Avenue from its intersection with Waterfront Drive, proceeding easterly, and terminating at its intersection with Boyd Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. § 45-24-31 (Overlay Districts). All properties located within the Warren Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3 and Bold Point Harbor (BPH).

  • (4) Riverside Square Overlay District—All those parcels directly fronting on the easterly and westerly sides of Bullocks Point Avenue from parcel 13 of map 311, block 1 and commencing southerly to the intersection of Beach Road on the westerly side and Crescent View Avenue on the easterly side, and inclusive of parcel 6 of map 312 block 8, and with the exception of parcel 20 of map 312, block 12 (former Vamco site, as regulated under division 19 of zoning entitled Riverside Square Mixed Use/Downtown Overlay) and all parcels fronting on the easterly and westerly sides of Pawtucket Avenue from the intersection of Hoppin Avenue and commencing southerly to the intersection of Turner Avenue and as defined in R.I.G.L. § 45-24-31 (Overlay Districts). All properties located within the Riverside Square Overlay District may choose either to develop or redevelop, subject to the provisions of division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3).

  • (5) However, within the Main Street and Neighborhood Center Overlay Districts as defined within this Code, the provision of off-street parking is not required for nonresidential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.

• (b) Intent.

  • (1) It is the intent of section 19-322 to encourage new opportunities for mixed land use(s), in "Main Street" and/or neighborhood center configurations, that promote a mixture of land use(s), including multi-unit residential and a variety of neighborhood oriented commercial land uses and to realize commercial and/or mixed use development with a storefront character using a typical Main Street build-to-line* configuration with buildings at the sidewalk and front property line, whenever feasible. Main Street uses primarily provide convenience retail sales and services to the surrounding residential neighborhood and gives priority to the access and convenience of pedestrians. Building types are small commercial structures, multi-story mixed use, and residential structures (by special use permit). Nonresidential uses typically occupy the street front, although residential uses are conditionally permitted by special use permit. These uses may include, but are not limited to, a combination of commercial use(s), offices, retail, residential, personal convenience service businesses, cultural activity* and public and civic uses. Land uses may be mixed by floor (vertically within a building) or horizontally on a parcel of land. Pedestrian linkages from mixed commercial/residential, retail, personal service and recreational land uses to existing areas of neighborhood residential land use shall be encouraged. The scale of mixed use may range from a single stand-alone retail use with office or residential use on the upper stories to a larger scale development such as a neighborhood center* that integrates commercial, retail, offices, housing and public spaces, or to a stand-alone residential facility.

  • (2) Neighborhood center* may only be developed on a lot consisting of not less than a minimum of 50,000 square feet. A neighborhood center* means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public. A neighborhood center development shall include a location for a public transit stop (when applicable to available transit routes), provide pedestrian linkages to surrounding neighborhoods, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center* should be adjacent to a residential district(s) they are intended to serve. A neighborhood center should be oriented to streets with pedestrian amenities. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the commercial, retail, office, and/or personal convenience use(s) comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. Neighborhood centers* and mixed uses are destinations for people and draw the public to a space. A public feature such as a gazebo, garden, art, etc., that provides consumers with an attractive amenity is encouraged.

  • (3) Development proposals shall comply with all applicable sections of chapter 19, Zoning, and shall be consistent with all city rules, standards, regulations and ordinances (including adopted plans). For all the parcels within this district, development may alternatively occur as is currently allowed within the zoning district in which parcel(s) is located and not under the provisions of section 19-322, Main Street and Neighborhood Center Overlay Districts.

  • (4) All commercial and mixed-use development and redevelopment under this division, other than minor modifications to existing permissible land uses, shall minimally be reviewed in accordance with article VIII., Development Plan Review. Purely residential land uses that comply with the requisite off-street parking regulations as described within this section, shall be deemed permissible, and likewise reviewed in accordance with article VIII, Development Plan Review. Purely residential land uses that fail to comply with the requisite off-street parking regulations as described within this section, shall necessitate both development plan review, as well as a special use permit pursuant to section 19-39, provided the degree of deficiency does not exceed 25 percent of the overall development, otherwise both a special use permit (section 19-39) and corresponding dimensional variance pursuant to section 19-45, shall be required.

When a special use permit is required for less than required off-street parking, the zoning board of review, or planning board, in the case of unified development review, must consider the following criteria:

• • • a. Consideration of a parking impact analysis, prepared by a professional civil engineer, licensed in the State of Rhode Island, or a professional planner with relevant experience in providing such analyses. The study shall analyze parking supply (on and off-site) and projected demand, projected impacts on surrounding areas, potential parking management strategies for the development, loading considerations, available public transit, and emergency access considerations.

    • b. Consideration of the proposal's impact on the revitalization of the City's main street corridors, economic development implications of the development, preservation of historic resources, and possible benefits related to a reduction in the amount of impervious area on-site.

• (c) Uses.

  • (1) Mixed use is permitted subject to the following: Any use permitted by right in either a C-1, C-2, C-3 and/or Taunton Avenue TA or Bold Point Harbor (BPH) zoning district, as well as any other accessory or special uses as may be permitted generally by chapter 19, zoning, and under section 19-98, schedule of use regulations and section 19-171, accessory uses, shall be allowed, except that the following shall be prohibited uses:

Self-storage, mini-storage: automotive repair shop*, auto body, or soldering or welding shop: limited manufacturing*: motel*, thrift shops and similar type of uses, and retail uses with across the board maximum pricing or "everything under" pricing and surplus goods and cash checking operations.

• • (2) In addition to those uses permitted under section 19-98, chapter 19, zoning in the underlying zoning districts other uses are permitted, and may include, but are not limited to, the following:

    • a. Mixed use*;

    • b. Incubator*;

    • c. Photography studio;

    • d. Black box theatre*;

    • e. Cafe*;

    • f. Cultural activity*;

    • g. Gallery*;

    • h. Co-worker space*;

    • i. Museum* (art, history, fashion, etc.}, small design showroom*, e.g., lighting, interior design, handcrafted furniture;

    • j. Film studio;

    • k. Recording studio;

    • l. Design studio*;

    • m. Yoga or pilates studio (not a commercial full-service gym);

    • n. Live/work space*;

    • o. Small fabricating shops not to include industrial trade schools, and further provided that the activity does not include a use that is prohibited in the C-4, C-5, I-1, I-2 and/or I-3 zoning districts;

    • p. Cigar lounge;

    • q. Tattoo parlors;

    • r. Previously owned goods and merchandise including antiques, collectibles, coins, consignment and stamps, excluding pawn shops;

    • s. Transit shelters, drop off-points, bicycle rack(s) and/or corrals, and informational or retail kiosks, as accessory uses to permitted principal land use(s). Layover locations for buses shall be prohibited;

    • t. Public structure or public use including, but not limited to, public and private park, community or civic space, museum, gallery, or community center, as accessory uses to permitted principal land use(s).

    • u. Bicycle paths and/or road bike lanes and pedestrian paths, bicycle racks or corrals, as accessory uses to permitted principal land use(s).

    • v. Multi-family dwelling* - Subject to the provisions described under Section 19-322 (c)(3).

    • w. Professional office limited to the Riverside Square Overlay District with a building footprint of less than 4,000 square feet.

  • (3) Multi-family dwelling* in Mixed Use Development "Main Street" parcels or without the presence of any commercial entit(ies).

    • a. Multi-family dwelling* in "Main Street" configuration. Multi-family dwelling* is permitted and when mixed with a commercial, retail, and/or office use in a Main Street configuration at a density that is proportional to the ability to provide 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking. (See Section 19-322).

    • b. Multi-family dwelling* without the presence of any commercial entit(ies) is likewise a permissible land use, provided requisite off-street parking is appropriately furnished. Residential density will be based upon the provision of one off-street parking space per residential dwelling unit, and compliance with all other applicable regulations pursuant to section 19-284, off-street parking. Off street parking that fails to meet the referenced one to one ratio, but does not exceed a 25 percent deficiency, or a minimum of .75 spaces per residential unit, may still be permitted by special use permit pursuant to section 19-39. Any deficiency greater than 25 percent, shall necessitate both a special use permit pursuant to section 19-39 and a dimensional variance pursuant to section 19-45.

    • c. A neighborhood center* shall be permitted on lots of not less than 50,000 square feet and such a development shall consist of a building or buildings used for mixed land use. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the other commercial, retail, office, and/or personal convenience uses comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. The neighborhood center* provides a location for a public transit stop (when applicable to available transit routes), linkages to surrounding neighborhoods and properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. Neighborhood centers* are destinations for people. The mixed use draws the public to the space and a public feature such as a gazebo, garden, art, etc. provides consumers with an attractive amenity.

    • d. Other uses shall be permitted in the Main Street and Neighborhood Center Overlay District when provided as an integral part of the overall development and such use(s) are consistent with the stated purposes of chapter 19, Zoning, and which are intended to serve the commercial and residential users of a mixed use development. Other uses shall be suitable to the proposed development, consistent with the comprehensive plan, and compatible with the surrounding land uses. Said determination shall be made by the zoning officer in consultation with the director of planning.

• (d) Off-street parking and off-street loading.

  • (1) For those properties proposing development in the Main Street Overlay Districts, and not "neighborhood center" scale development, off-street parking with the exception of professional office uses shall be provided at no less than 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking, provided that the proposal meets the intent of the overlay district of subsection 19-322(b). Additionally, required employee parking that is stacked or in tandem shall be permitted and counted towards the total number of off-street parking spaces required provided there is a written agreement among the individual tenants of a building provided to the zoning officer. The zoning officer shall have the authority to monitor such an arrangement and require modified parking or a petition to the zoning board of review regarding the off-street parking if it is apparent that the stacked employee parking arrangement is unfeasible and/or there are unforeseeable impact to adjoining streets with overflow parking, particularly local residential streets. A purely residential development shall not require introduction of any off-street loading, and shall be subject to the off-street parking density referenced in subsection (c)(3)b. above. However, within the overlay districts as defined within this Code, the provision of off-street parking is not required for non-residential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.

  • (2) A neighborhood center development shall provide off-street parking as required by section 19-284. However, this amount may be reduced by ten percent provided that the applicant/owner shall submit a valet parking plan, including certification that a valet is on-duty during business hours, and documenting authorized use of a satellite parking area to the zoning officer such that a modification may be granted. An applicant or developer of a neighborhood center* may further reduce parking subject to the provisions of section 19-279, joint use and shared use, where the applicant and/or owner are able to provide a shared parking study and plan to the zoning officer, and provided that the procedures of section 19-279 regarding joint and shared and parking shall be followed.

  • (3) Bonus height structured parking incentive. An additional one (12 foot) building story shall be permitted for every story of structured parking provided in a building, with the overall height not to exceed five stories or 60 feet.

• (e) Purposes. Consistent with the City of East Providence Comprehensive Plan, the purposes of the Main Street and Neighborhood Center Overlay Districts are to:

  • (1) Promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but is not limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.

  • (2) To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing, and economic development, including uses related to the arts and culture.

  • (3) Encourage efficient use of land by facilitating centers and minimizing the amount of land that is needed for surface parking.

  • (4) Encourage quality development that facilitates utilization of public transportation, where applicable.

  • (5) Provide opportunities to businesses within the districts for coordinated mixed use development, pedestrian and bicycle connections, and innovative site design.

  • (6) Provide safe, comfortable and attractive pedestrian connections from existing areas such as residential and open space to currently predominantly commercial roadways and to public transportation, and to new areas of land use and new neighborhood centers*.

  • (7) Reinforce public rights-of-way, shoulder sides of roadways and sidewalks, as public places that encourage pedestrian and bicycle travel.

  • (8) Enhance linkages and pedestrian connections to residential areas, schools, and recreational space in the vicinity of the overlay districts for the convenience of the public.

  • (9) Encourage the use of sidewalks for outdoor cafes, sitting, and shop displays where possible, and when new development or redevelopment is proposed, look for opportunities to widen the sidewalk/pedestrian area in front of the building(s) for outdoor cafe seating, sitting, restaurant and shop displays, and trees for shade.

• (f) General standards. All applicants whose proposals require permits from other agencies, e.g., a state agency such as the Department of Transportation, shall obtain any and all such applicable permits, including city building permits and licenses. As with all other proposed development reviewed under this chapter, the proposal shall meet the general purposes of section 19-2, chapter 19, Zoning, and the following:

  • (1) The design of the proposed development will be consistent with the goals of the city comprehensive plan and will implement the purposes of the Main Street and Neighborhood Center Overlay Districts.

  • (2) Erosion will be adequately controlled during and after construction and will not adversely affect adjacent or neighboring property or public facilities and services; provisions have been made for storm water and drainage facilities, and that increased runoff due to development on the site will not be injurious to any nearby property owners or cause hazardous conditions on any streets.

  • (3) The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient and adequate provision has been made for snow removal.

  • (4) All utilities, infrastructure, streets, roadways, sidewalks, walkways and parking are improvements will be provided for the development in a manner meeting the applicable requirements and standards of the city. Construction standards for utilities and improvements serving the public shall meet city standards.

  • (5) The location, arrangement, appearance, and sufficiency of off-street parking and loading comply in all respects with chapter 19, Zoning and/or the provisions of subsection 19-322(d) as applicable, and are adequate to serve the proposed development.

  • (6) The proposed development and all uses and structures therein, shall comply in all respects with chapter 19, Zoning. Nothing in this article shall prevent an applicant from seeking a variance.

• (g) Dimensional criteria pursuant to section 19-145. Development within the Main Street Overlay Districts will be given great flexibility and allowed to pursue the most lenient dimensional standard(s) prescribed in either the C-1, C-2, C-3, Taunton Avenue (TA) or Bold Point Harbor (BPH) districts, in accordance with Section(s) 19-145 or 19-481 (in the case of Taunton Avenue (TA) and Bold Point Harbor (BPH) districts), unless the subject Main Street Overlay Districts regulations permit even greater latitude, then they may take precedence.

  • (1) To promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but not be limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.

  • (2) To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing and economic development, including uses related to the art and culture.

(Ch. 642, § XII, 3-15-16; Ch. 803, § I, 5-18-21; Ch. 814, § I, 8-17-21; Ch. 840, § I, 5-17-22; Ch. 914, § I(Att.), 12-19-23)

Mixed use means combination of residential and commercial land uses within a single development, building, or tract. Mixed use development in a C-1 through C-5 district must be reviewed through the land development project review process.

(Ch. 867, § VIII, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

--- (13) ---

Editor's note— Section XII of Ch. 642, adopted March 15, 2016, renumbered Div. 15 to read as herein set out.

Cross reference— Licenses and business regulations, ch. 8.

Industrial operations, shall be located only in those districts permitted in section 19-98. Industrial operations and processes, shall not exceed the standards of performance as established in this section and required by this chapter.

(Rev. Ords. 1987, § 19-336; Ch. 453, § X, 7-15-08)

No emission at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 2 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines in August, 1955, as information circular 7718 (revision of i.c. 6888), is permitted, except that visible smoke of a shade darker than No. 2 on such chart may be emitted for not more than four minutes in any 30 minutes in a C-5 district or in an I-1 or I-2 district and not more than eight minutes in any 30 minutes in an I-3 district. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color, excluding steam and other nontoxic emissions, but with an equivalent apparent opacity.

(Rev. Ords. 1987, § 19-337)

Any handling, transfer or storage of materials shall use best available technology to control fugitive emissions of dust or other particulate matter from migrating to off-site locations in any amount which is injurious to human health, animals, vegetation or other forms of property or which causes any excessive soiling at any point beyond the property lines. Such technology may include dust collection/suppression systems, wind guards and spraying of stockpiles with surfactants.

(Rev. Ords. 1987, § 19-338)

No emission of odorous gases or other odorous matter in such quantities as are offensive outside the industry property shall be permitted. No odorous emission shall be permitted which is determined to be obnoxious or which unduly transfers with or prevents the comfortable enjoyment of life or property.

(Rev. Ords. 1987, § 19-339)

Industrial use shall not emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing unreasonable discomfort or injury to humans or harm to vegetation. When acceptable air quality criteria are developed by the U.S. public health service, these standards shall be considered for adoption in this section.

(Rev. Ords. 1987, § 19-340)

• (a) Noise shall be measured from the nearest property line in a commercial 5 district or an industrial 1 or 2 district or floating zone district and from the nearest industrial 3 district boundary line in an industrial 3 district. At the specified points of measurement, the sound pressure level of noise radiated continuously from an industrial operation or plant other than background noises produced by non-industrial sources such as vehicular traffic or other transportation shall not exceed the values given in Table I of section 10-53 in octave bands of frequency. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. American standard sound level meters for measurement of noise and other sounds, S1.4-1961, and American standard specification for an octave band filter set for the analysis of noise and other sounds, Z24.10-1963, American Standards Association, Inc., New York, New York, shall be used.

• (b) The maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility shall conform with the values in subsection 10-53(c)(2).

• (c) The aforementioned limits are intended for normal continuous day-to-day operations. A variance to exceed these limits by a reasonable amount may be granted for temporary and shortterm operations during construction, maintenance or emergency conditions.

(Rev. Ords. 1987, § 19-341; Ch. 453, § XI, 7-15-08)

• (a) Vibration shall be measured from the nearest property line in a C-5 district or an I-1 or I-2 district and from the nearest I-3 district boundary line in an I-3 district.

• (b) No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any hour of the day between 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, U.S. Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of such bulletin shall be used to compute all values for enforcement of this regulation.

(Rev. Ords. 1987, § 19-342)

No industrial use shall carry on any operation that would produce heat or glare beyond the property line in a C-5 district or an I-1 or I-2 district or beyond the I-3 district boundary line in an I-3 district. No industrial activity shall use industrial and exterior lighting in a manner that produces glare on property highways or neighboring property.

(Rev. Ords. 1987, § 19-343)

• (a) Industrial sewage and waste may be deposited in a public sewage system when available. Such wastes, if adequately treated by a private treatment plant, may be disposed into other than a public sewage system provided that:

  • (1) A septic tank, tile field or other disposal place for any waste shall be located at least 50 feet from the nearest point of any river, pond, swampy area or district boundary of a residential district or 1,000 feet from any drinking water source or supply unless the water is adequately treated and chlorinated to be satisfactory for such use or unless evidence is given to show that geologically it is not possible for the waste to migrate into or contaminate any drinking water supply;

  • (2) No effluent shall contain any acids, oils, dust, toxic metals or corrosive or other toxic substances in concentrations which would create obnoxious odors or discolor, poison or otherwise pollute any stream or watershed adversely.

• (b) Wherever feasible, process or cooling waters shall be recirculated and reused.

(Rev. Ords. 1987, § 19-344)

Industrial operations shall cause no dangerous radiation at the property line as specified by the regulations of the Nuclear Regulatory Commission.

(Rev. Ords. 1987, § 19-345)

Editor's note— Ch. 453, § XII, adopted July 15, 2008, repealed § 19-346, which pertained to port district loading, unloading and handling, and derived from Rev. Ords. 1987 § 19-346. See also the Code Comparative Table.

--- (14) ---

Editor's note— Section XII of Ch. 642, adopted March 15, 2016, renumbered Div. 16 to read as herein set out.

• (a) The purpose of this division is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this division are to:

  • (1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

  • (2) Encourage the location of towers in nonresidential areas;

  • (3) Minimize the total number of towers throughout the community;

  • (4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

  • (5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

  • (6) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

  • (7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

  • (8) Consider the public health and safety of communication towers; and

  • (9) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

• (b) In furtherance of these goals set out in subsection (a), the city shall give due consideration to the comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ch. 463, § I, 12-16-97)

As used in this division, the following terms shall have the meanings set forth below:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, flag poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this division, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ch. 463, § I, 12-16-97)

• (a) New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections 19-349(b) through (e), inclusive. The height limitations of section 19-145 applicable to buildings and structures shall not apply to towers and antennas.

• (b) Amateur radio station operators/receive only antennas. This division shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

• (c) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this division, other than the requirements of subsections 19-350(f) and 19-350(g).

• (d) AM array. For purposes of implementing this division, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

• (e) Antennas. See section 19-352.

(Ch. 463, § I, 12-16-97; Ch. 154, § III, 1-16-01)

• (a) Pre-application conference. A pre-application conference with the zoning officer and the planning department is required before any building permit is sought. The conference will serve to familiarize the applicant with the city's regulations.

• (b) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

• (c) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

• (d) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the director of planning and zoning officer at a preapplication meeting an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this division or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

• (e) Aesthetics. Towers and antennas shall meet the following requirements:

  • (1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

  • (2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

  • (3) 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 that is 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.

• (f) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

• (g) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

• (h) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

• (i) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal jurisdictional boundaries.

• (j) Nonessential services. Towers and antennas shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities, or private utilities.

• (k) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the zoning officer.

• (l) [Reserved].

• (m) Signs. No signs shall be allowed on an antenna or tower.

• (n) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 19-354.

• (o) Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ch. 463, § I, 12-16-97; Ch. 944, § I(Att.), 9-2-25)

• (a) Generally. The uses listed in this section are deemed to be permitted uses and shall not require a special use permit. All such uses shall, to the greatest extent possible, comply with the design standards of this article relating to setbacks and separation, lighting, landscaping and security fencing.

• (b) Permitted uses. The following uses are specifically permitted:

  • (1) Antennas or towers located on property owned, leased, or otherwise controlled by the city provided a license or lease authorizing such antenna or tower has been approved by the city and further provided that a site plan and a copy of the executed lease shall be submitted by the applicant and approved by the zoning officer and director of planning prior to a building permit being issued.

  • (2) Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject property, whether within the city or an adjacent city or town; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town and at least 14 days prior to the city council meeting at which the license or lease authorizing such antenna or tower will be reviewed by the city council. The public notice shall contain a copy of the radius map showing the location of the cell tower and each of the properties in or within 200 feet of the perimeter of the subject property.

  • (3) Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with the tower, in any I-3 zoning district provided, however, that such tower shall be set back a distance equal to the height of the tower from any off-site residential land use, or in the case of vacant residentially zoned land, setback a distance equal to the height of the tower less the residential yard setback for the adjacent residential district.

  • (4) Antennas, but not towers, upon the roof of any ten-story building or greater located within any zoning district.

  • (5) Locating antennas on existing structures or towers in any zoning district consistent with the terms of subsections a. and b. below.

    • a. Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning officer as an accessory use to any structure in an I-3 zoning district, provided:

      • 1. The antenna does not extend more than 30 feet above the highest point of the structure;

      • 2. The antenna complies with all applicable FCC and FAA regulations; and

      • 3. The antenna complies with all applicable building codes.

    • b. Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

      • 1. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole.

      • 2. Height.

        • (i) An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

        • (ii) The height change referred to in subsection 3.(i) of this section may only occur one time per communication tower.

        • (iii) The additional height referred to in subsection 3.(i) shall not require an additional distance separation as set forth in section 19-353. The tower's premodification height shall be used to calculate such distance separations.

      • 3. On-site location.

        • (i) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within ten feet of its existing location.

        • (ii) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

        • (iii) A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 19-353(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 19-353(b)(5).

        • (iv) The on-site relocation of a tower which comes within the separation distances to residential uses or residentially zoned lands as established in subsection 19-353(b)(5) shall only be permitted when approved by the zoning officer.

  • (6) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(Ch. 463, § I, 12-16-97; Ch. 80, § I, 8-10-99; Ch. 81, § I, 8-10-99; Ch. 944, § I(Att.), 9-2-25)

Editor's note— Ch. 944, § I(Att.), adopted Sept. 2, 2025, repealed § 19-352, which pertained to administratively approved uses and derived from Ch. 463, § I, adopted Dec. 16, 1997; Ch. 154, § IV, adopted Jan. 16, 2001; Ch. 877, § I, adopted June 6 2023.

• (a) Generally. The following provisions shall govern the issuance of special use permits and/or variance for towers or antennas in addition to all other requirements of this section for the issuance of special use permits:

  • (1) Applications for special use permits or variance under this section shall be subject to the procedures and requirements of section 19-39 et seq. and section 19-45 et seq. of this chapter, as applicable, except as modified in this section.

  • (2) In granting a special use permit, the zoning board of review may impose conditions to the extent the zoning board of review concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

  • (3) If a tower is not a permitted use under section 19-98 of this division, then a use variance shall be required for the construction of a tower or placement of an antenna and all such applications shall submit the information required within this division for special use permits, shall meet the design standards for towers or antennas requiring a special use permit and further shall be subject to the procedures and requirements of section 19-45 et seq., except as modified in this section.

  • (4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

  • (5) An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by the city council to reimburse the city for the costs of reviewing the application.

• (b) Towers.

  • (1) Information required. In addition to any information required for applications for special use permits pursuant to section 19-41 of this chapter, applicants for a special use permit for a tower shall submit the following information:

    • a. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection 19-353(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning officer to be necessary to assess compliance with this division.

    • b. Legal description of the parent tract and leased parcel (if applicable).

    • c. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

    • d. The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 19-350(d) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

    • e. A landscape plan showing specific landscape materials.

    • f. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

    • g. A description of compliance with subsections 19-350(c), (d), (e), (f), (g), (j), (l), and (m), 19-353(b)(4), 19-353(b)(5) and all applicable federal, state or local laws.

    • h. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

    • i. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

    • j. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

    • k. A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

  • (2) Factors considered in granting special use permits or variance for towers. In addition to any standards for consideration of special use permit applications pursuant to section 19-39 et seq. of this chapter, the following factors shall be considered in determining whether to issue a special use permit or variance:

    • a. Height of the proposed tower;

    • b. Proximity of the tower to residential structures and residential district boundaries;

    • c. Nature of uses on adjacent and nearby properties;

    • d. Surrounding topography;

    • e. Surrounding tree coverage and foliage;

    • f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

    • g. Proposed ingress and egress; and

    • h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 19-353(b)(3) of this division.

  • (3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning board of review that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board of review related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

    • a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

    • b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

    • c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

    • d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

    • e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

    • f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

    • g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

  • (4) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

    • a. Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

    • b. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

  • (5) Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required:

    • a. Separation from off-site uses/designated areas.

      • 1. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

      • 2. Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1:

Separation Requirements for Towers

MINIMUM STANDARDS

 

• • • b. Separation distances between towers.

      • 1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2:

Existing Towers—Types

MINIMUM SEPARATION BETWEEN TOWERS (BY TOWER TYPE)

 

• • (6) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.

  • (7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required:

    • a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

    • b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the zoning board of review.

    • c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(Ch. 463, § I, 12-16-97; Ch. 154, § V, 1-16-01; Ch. 944, § I(Att.), 9-2-25)

• (a) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with all applicable building and fire codes.

• (b) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

  • (1) In residential districts, the equipment cabinet or structure for each user may be located in accordance with the following:

    • a. All front and side yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet of gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.

    • b. All rear yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

  • (2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area for each user. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

• (c) Antennas located on towers. The related unmanned equipment structure shall not contain more than 240 square feet of gross floor area or be more than 15 feet in height for each user, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

• (d) Modification of building size requirements. The requirements of subsections 19-354(a) through (c) may be modified by the permitting authority to encourage collocation.

(Ch. 463, § I, 12-16-97; Ch. 944, § I(Att.), 9-2-25)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ch. 463, § I, 12-16-97)

• (a) Nonexpansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

• (b) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this division.

• (c) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding section 19-355, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in subsections 19-353(b)(4) and 19-353(b)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in section 19-355.

(Ch. 463, § I, 12-16-97)

--- (15) ---

Editor's note— Section XII of Ch. 642, adopted March 15, 2016, renumbered Div. 17 to read as herein set out.

• (a) Notwithstanding the district regulations applicable to the district in which a child day care center is located, the following requirements shall also apply to child day care centers, however, these regulations shall not apply to any part of a public or private school system or to a Sunday school conducted by a religious institution where children are cared for during short periods of time while persons responsible for such children are attending religious services. Any and all required licenses must be obtained from the state.

  • (1) Permitted districts. Child day care centers* shall be permitted by special use permit only in the residential-5 and residential-6 zoning districts, and permitted by right in the commercial-1, commercial-2 and industrial-1 zoning districts.

  • (2) Increased required yards. Increased yards adjacent to side and rear property lines shall be provided and shall not be less than 25 feet in depth. The first ten feet from these property lines shall be landscaped.

  • (3) Minimum separation distance from potential hazards. No child 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.

  • (4) Location of outdoor play area. No outdoor play area or part of an outdoor play area shall be permitted in the front yard as required by section 19-145 for the applicable zoning district, and no outdoor play area shall be sited in a manner which poses threats to children from motor vehicle operations. No outdoor play area shall be located in a manner which creates a potential conflict with truck access to trash storage areas, such as dumpsters.

• (b) Special use permit criteria. In cases where child day care centers are allowable by special use permit in a district, the following criteria shall apply:

  • (1) Adequacy of the neighboring transportation network to accommodate the proposed use, and adequacy of proposed parking arrangements as evidenced by:

    • a. The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

      • 1. Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

      • 2. Safety (accident data, sight distance, roadway conditions, etc.)

      • 3. Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

      • 4. Existing volumes (traffic counting);

      • 5. Site-generated and future traffic;

      • 6. Planned transportation improvements, if any;

      • 7. Projected parking demand for the facility, and adequacy of available on-site and off-site parking;

      • 8. Analysis of the specific impacts of child drop-off and pick-up related to the above factors.

  • (2) Compatibility with neighboring residential land uses as evidenced by:

    • a. Submission of a landscaping plan, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties. The zoning board or planning board under unified development review may require plans to be prepared by a professional landscape architect, licensed in the State of Rhode Island.

    • b. Submission of evidence that the proposed development's noise, lighting, trash management, and other operations will not unduly disturb nearby residents.

    • c. Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative impact on adjacent properties or natural resources.

    • d. Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative effect on adjacent properties or natural resources.

  • (3) Safety of children as evidenced by the proposal's conformance with fire, building and health codes, and other relevant state and federal requirements, conformance to other dimensional requirements for child day care centers listed in this section, as well as other relevant public safety factors.

(Ch. 146, § XIV, 10-23-00; Ch. 914, § I(Att.), 12-19-23)

A site plan shall be required for each application for a child day care center. The site plan shall include the following:

• • (1) All driveways, off-street parking spaces, drop-off zones, outdoor play areas, fences and dumpster/trash storage locations shall be shown on the site plan.

  • (2) Proposed signage shall be shown on the site plan (location and square footage of sign face(s)).

  • (3) A radius plan showing lots and land uses within a 300-foot radius of the perimeter of the proposed child day care center.

  • (4) A landscaping plan which shall at a minimum show location of a landscaped buffer at the perimeter of the off-street parking area, and the side and rear yard landscaping.

(Ch. 146, § XIV, 10-23-00; Ch. 944, § I(Att.), 9-2-25)

--- (16) ---

Editor's note— Section XII of Ch. 642, adopted March 15, 2016, renumbered Div. 17 to read as herein set out.

• (a) Purposes. The purpose of this section is to:

  • (1) Allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses, to create economic and social vitality;

  • (2) Develop commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians;

  • (3) Provide flexibility in the siting and design of new developments and redevelopment;

  • (4) Reinforce streets as public places that encourage pedestrian and bicycle travel;

  • (5) Provide roadway and pedestrian connections to residential areas;

  • (6) Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land that is needed for surface parking; and

  • (7) Facilitate development (land use mix, density and design) that utilizes public transit, where applicable;

• (b) Review process. The planning board shall review and approve proposals within the Riverside Square Mixed Use/Downtown Overlay District following the process for development plan review identified in section 19-453 and the city's land development and subdivision review regulations. The permitting authority may apply such special conditions, restrictions or stipulations as it may deem necessary to maintain consistency with the comprehensive plan, zoning ordinance, and subdivision and land development regulations to maintain harmony with neighboring uses.

• (c) Design intention and functioning.

  • (1) [Reserved.]

  • (2) Maximize the building floor area on each lot.

  • (3) Locate parking off the street frontage to the rear of parcels so that businesses can move close to the sidewalk and more readily attract pedestrians.

  • (4) Place buildings at a minimal front setback line, close behind a sidewalk of adequate width.

  • (5) Encourage construction of at least two-story buildings.

  • (6) Locate retail uses on the ground-floor street frontage, preferably adjacent to other retail uses.

  • (7) Develop sidewalks and building features (e.g. entrances, weather protection) so as to maximize safety, comfort, ease of movement, and convenience for pedestrians.

  • (8) Encourage building heights of two and one-half stories (maximum height of 35 feet), with first floor commercial use and second floor residential use. Residential use may also be provided on the first floor but the main entrance of such first floor residential use shall be limited to the rear or side of the structure.

  • (9) Floors above ground level shall have independent, separate access to the street.

  • (10) Driveway and parking lot surfaces are encouraged to be permeable, using such materials as brick, concrete pavers, "grass-crete" and other similar permeable materials, but not gravel. Vegetative buffers shall be planted to treat runoff as it percolates into the soil. Use of low impact development (LID) techniques is encouraged.

  • (11) Walk-up windows to retail uses may be permitted provided that such windows shall be located on the front lot line facing a street, with no curb cut or allowance of any motorized vehicular access.

(Ch. 453, § XXIII, 7-15-08; Ch. 914, § I(Att.), 12-19-23)

• (a) No development plan shall be approved unless it is determined that the following standards are reached to the maximum extent feasible, or to the extent feasible given the circumstances of the property, in accordance with the provisions of these regulations.

  • (1) Build-to line requirement. In no case shall the front setback specified for the underlying zoning district take precedence. All building front setback requirements shall be zero, except under the following circumstances:

    • a. Where other site requirements such as utility or access easements preclude such building placement.

    • b. Where it is determined that the use of existing buildings on adjacent parcels would be significantly adversely affected by setbacks from front or side property lines that are smaller than those on the adjoining parcels (e.g., light would be blocked from existing windows on the side of a building).

    • c. Where minimum required clearance from an overhead electric power line, based on the National Electric Code, must be maintained, especially for buildings of more than one story.

  • (2) Setbacks. For a particular development plan, a determination shall be required that proposed setbacks are consistent with the purposes and design intention of this overlay district.

  • (3) Ground floor facade. At least 50 percent of the ground floor facade of non-residential use shall be constructed of transparent material or otherwise designed to allow pedestrians to view activities inside the building. The ground floor facade shall be composed of windows opening into the interior, display windows (which need not be open into the interior), or entrances, which openings are determined to be well-distributed along the face of the building or addition so as to minimize the lengths of blank wall areas.

  • (4) Building width. A new building or addition to an existing building shall occupy the full width of the lot, except in the following circumstances:

    • a. A pedestrian passageway to parking or other businesses to the rear of the building is provided.

    • b. A side yard is used as an outside seating area for a cafe or a public courtyard.

    • c. A driveway to parking spaces in the rear is allowed alongside the building because there is no other access to the parking spaces.

    • d. A utility easement precludes use of the full width, in which case one of the above uses shall be placed over the easement.

  • (5) Outdoor patron seating areas. Administrative review and issuance of an outdoor use area permit is required for designation of proposed outdoor seating areas, to ensure that the standards in this Chapter are met and that public safety and access for pedestrians, persons with disabilities, and emergency response personnel will not be compromised.

  • (6) Signage. The signage requirements of article VII. Signs shall be met, except as provided below:

    • a. Wall sign. Wall signs shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic). Signs shall be placed on the building so as not to obscure architectural features and details. Internally illuminated neon signs are permitted.

    • b. Free standing sign. A freestanding sign shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic).

  • (7) Parking. Each development in this district shall be required to demonstrate to the satisfaction of the DPR Committee that the location, arrangement, appearance, and sufficiency of off-street parking and loading shall be adequate to serve the development. No parking, driveway, or other area for vehicles shall be placed between the building and the street.

    • a. Parking ratios. The number of parking spaces provided for a site shall be considered as a base from which to adjust, as applicable and appropriate, to an adequate number and location of spaces. In no case shall the number of off-street parking spaces exceed the number calculated from the parking ratios required by the zoning ordinance. For a building of two or more stories, floor area within stairwells and elevator shafts shall not be included in total floor area for parking calculations.

    • b. Shared parking. Where a parking area will serve two or more uses for which peak parking demand occurs at different times, the parking spaces provided may be counted toward the parking requirement for more than one of those uses provided that the requirements of section 19-279 (b) "Shared Use of Parking" are met.

    • c. Parallel parking. Where parallel parking is allowed on a street section abutting the property and on the same side of the street as the property, such parallel parking shall count toward meeting the parking requirement for the property.

    • d. Alleys. As development or redevelopment occurs, alleys shall be created for access to parking on the rear of properties.

    • e. Off-site parking. Where alternative off-site parking (either public parking or private parking obtained by lease or recorded easement) is provided within 300 feet of the property, the on-site parking requirement shall be reduced, provided that the total of on-site and alternative off-site parking together shall meet the requirement for the proposed use.

(Ch. 453, § XXIII, 7-15-08)

• (a) Commercial mixed use (CMU). The purpose of the commercial mixed use district is to encourage more active use and redevelopment of oversized multi-tenant commercial properties by promoting more flexibility of uses and design that is well suited for active economic activity along Newport Avenue.

• (b) Qualification. On the date any parcel of land is placed into a CMU Zone, it shall be part of one or more contiguous parcels of land containing a minimum of 45,000 square feet of land that is adjacent to Newport Avenue and that are under common control/ownership, unless otherwise waived by the city council and the planning commission. The term "common control/ownership" means and relates to either one person or entity, or separate entities in which the underlying ownership is held in part by one or more of the same person, persons, or entities.

(Ch. 721, § III, 8-21-18)

• (a) Dimensional regulations. Dimensional regulations, as presented in Sections 19-131 through 19-145 of the zoning ordinance, as amended below for the commercial mixed use district, shall apply to all uses in the CMU Zone.

  	Minimum Lot Size	Minimum Lot Frontage	Maximum Lot Coverage	Minimum Yard Setback Line			Maximum Height of Structures
  Zone and Use				Front	Side	Rear	Main	Accessory
  	(square feet)	(square feet)	(percentage)	(feet)	(feet)	(feet)	(feet)	(feet)
  Commercial Mixed Use	45,000	50	50%
  Main structures between 46 and 100 feet				10	20*	10	100
  Main structures up to 45 feet				0	0	5	45
  Accessory structures				0	0	5		45

 

*Minimum side yard setback requirement when directly abutting residential zoning districts only, minimum side yard setback of ten feet applies when abutting commercial or industrial zoning districts. Minimum side yard setback of zero feet applies for contiguous parcels under the same ownership.

• (b) Permitted uses.

  • (1) Uses permitted by right in the commercial retail business (C-3) district are permitted in the CMU Zone.

    • a. The following uses, listed in the schedule of uses table, are also permitted in the CMU Zone:

      • 1. Three-family dwelling* and multi-family dwelling*;

      • 2. Hotel*;

      • 3. Sportsmen's club;

      • 4. Salesroom for display of motor vehicles, trailers, building supplies, boats, or machinery: (2) With storage and repair facilities;

      • 5. New or used motor vehicle sales lot shall be limited to the display of a maximum of ten vehicles.

      • 6. Retail services for employees as detailed in section 19-364, business/technology* development;

      • 7. Sale of business and/or industrial equipment and supplies;

      • 8. Wholesale showroom: (2) With storage and repair facilities;

      • 9. Wholesale distribution or warehouse, excluding truck terminal facility;

      • 10. Automotive repair shop*;

      • 11. Animal or veterinary hospital or kennel;

      • 12. Business or industrial services: (2) With storage and repair facilities;

      • 13. Child day care centers*;

      • 14. Data processing centers*;

      • 15. Gasoline filling stations*;

      • 16. Amusement game centers*;

      • 17. Radio, television or wireless telecommunication towers and antennas (see definition of antenna is section 19-348)

      • 18. Communication services and broadcasting offices;

      • 19. Industrial trade schools

*As currently defined in section 19-1

• • • b. The following uses, not listed in the schedule of uses table, are also permitted in the CMU Zone:

      • 1. Residence above first story business use;

      • 2. Mixed use*;

      • 3. Small fabricating shops;

      • 4. Previously owned goods and merchandise shops, including antiques, collectibles, coins, consignment and stamps;

      • 5. Electric vehicle charging station;

      • 6. Kiosk, free standing exterior;

      • 7. Outdoor retail—accessory;

      • 8. Music and dance studio;

      • 9. Garden center;

      • 10. Adult day care.

*As currently defined in section 19-1

• • (2) Uses allowed by special use permit in the commercial retail business (C-3) District are permitted by special use permit in the CMU Zone, unless allowed by right above.

  • (3) Uses permitted as accessory uses in the commercial retail business (C-3) District are permitted in the CMU Zone.

• (c) Number of buildings on a lot.

  • (1) More than one commercial or mixed-use primary structure located on a single lot is permitted in the CMU Zone.

• (d) Signs. Any permitted signs for the commercial retail business (C-3) District as set forth in section 19-438 through 19-446 shall be permitted in the CMU Zone. Any electronic messaging centers (EMC signs) shall only be permitted by special use permit. Defined in section 19-442.

• (e) Additional criteria for approval.

  • (1) There is no maximum requirement for off-street parking in the CMU Zone. Parking design standards as set forth in Section 19-282 shall apply.

  • (2) Minimum parking requirements in the CMU Zone are: Residential: one and one-half spaces/unit; Office: four spaces/1,000 square feet; Retail/restaurant: four and one-half spaces/1,000 square feet.

  • (3) Maximum impervious coverage is 90 percent.

  • (4) Off-street loading minimum requirements:

Size:

Length: 55 feet;

Width: 12 feet.

Number:

4,000 square feet to 20,000 square feet = one space;

20,000 square feet + = one space per 20,000 square feet or fraction thereof.

Office uses are excluded from off-street loading requirements.

(Ch. 721, § III, 8-21-18)