Town of Exeter Zoning Ordinance

Exeter, at this time, is in an excellent position to develop a series of goals and objectives for future town growth. The community presents, with minor exceptions, an unspoiled landscape which the people of Exeter and the town government have expressed a firm commitment to preserve through the adoption of a comprehensive plan. Now our Town can take positive actions to avoid the mistakes of other communities.

The general objectives of this zoning ordinance are: To utilize all land resources wisely and to prevent the despoiling of agricultural land and woodland (prime community resources); to protect residential area while maintaining the environment along with adequate open space, recreation, and community facilities; to limit high population concentrations in areas where soil conditions and terrain may not possess the capability for serving a high density population; to preserve the purity of individual water supply systems and surface and groundwater resources; to recognize the fact that future population densities must be kept at a point which will not jeopardize the natural environment and fresh water supply; and to provide commercial areas to enterprises to serve the community's needs, but limiting long strips of business to prevent impairment of normal highway functions.

It is ordained by the Town Council of the Town of Exeter as follows:

TOWN OF EXETER

RHODE ISLAND

In accordance with title 45, chapter 24 of the General Laws of Rhode Island, 1956, as amended by chapter 83 of the Public Laws of 1957 and chapter 173 of the Public Laws of 1967, Zoning Enabling Act of June, 1991, Public Law 91-307, the following zoning ordinance is hereby effective. All ordinances and amendments or parts of ordinances and amendments which are inconsistent herewith are hereby repealed.

--- (2) ---

Cross reference— Administration, ch. 2.

The zoning regulations set forth in this ordinance have been made in accordance with the town's comprehensive plan for the purpose of promoting the public health, safety, morals, general welfare, and the conservation of the natural resources of the Town of Exeter. They are designed to lessen congestion in the streets; to provide adequate light and air; to secure safety from fire, panic, and other dangers; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the parks and other public requirements. They are made with reasonable consideration, among other things, of the character of each district and its peculiar suitability for particular uses, and with a view to conserving the value of the buildings and encouraging the most appropriate use of land throughout the town, and to preserve and enhance the beauty of the community and the character of the neighborhoods.

Further, the zoning regulations are developed and maintained for the following purposes:

• • 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 Town of Exeter 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 Exeter Comprehensive Plan adopted pursuant to Chapter 45-22.2 of the General Laws of Rhode Island;

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

    • C. The values and dynamic nature of 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 rural development;

    • 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 Town of Exeter or areas therein.

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

  • 7. Provide for the protection of public investment, if any, 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 ensure 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. Promote safety from fire, flood, and other natural or manmade disasters.

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

  • 11. Promote implementation of the comprehensive plan of the Town of Exeter adopted pursuant to G.L. 1956, § 45-22.2.

  • 12. 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 the boundaries of the Town of Exeter or have a direct impact on the Town of Exeter.

  • 13. Provide for efficient review of development proposals, to clarify and expedite the zoning review process.

  • 14. Provide for procedures for the administration of the Exeter Zoning Ordinance including, but not limited to, variances, special use permits and, where adopted, procedures for modifications.

Where words or terms used in this ordinance are defined in the definitions section of the "Rhode Island Comprehensive Planning and Land Uses Act," R.I. Gen. Laws § 45-22.2-4, they shall have the meanings stated therein. In addition, the following words shall have the following meanings:

• • 1. Abutter. One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.

  • 2. Accessory dwelling unit. A dwelling unit that provides complete independent living facilities and is located on a lot where the principal use is a legally-established detached dwelling unit or residential multi-unit building.

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

  • 4. Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use.

  • 5. Affordable housing. Year-round housing built with a federal, state, or municipal subsidy that has a deed-restricted sales price or rental amount that is within means of a household that is moderate income or less, as defined by R.I. Gen. Laws § 42-128-8.1(d), as amended. Synonymous with "low- or moderate-income housing."

  • 6. Age restricted housing. Housing limited to use and residency by persons 55 years of age or older, as defined by R.I. Gen. Laws § 34-37-4.1(a)(5), the Rhode Island Fair Housing Practices Act, as amended.

  • 7. Aggrieved party. A person who can demonstrate that his or her property will be injured by a decision of any town official, board or commission responsible for administering the zoning ordinance, or a person requiring notice pursuant to title 45, chapter 24 of the general laws.

  • 8. Agricultural land. Land suitable for agricultural use by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.

  • 9. Applicant. An owner or authorized agent of the owner who submits an application.

  • 10. Application. The completed form or forms and all accompanying documents, exhibits and fees required for review, approval, or permitting purposes.

  • 11. Area median income (AMI). The median household income as determined annually by the federal Department of Housing and Urban Development (HUD) and adjusted for household size by HUD and by Rhode Island Housing for the designated statistical area that includes the town as of the date of marketing of the housing unit to which it is being applied.

  • 12. Articulation. The degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different vertical and horizontal planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures.

  • 13. Arterial street. A public street on which traffic circulates into, out of, or across the town or provides service for trips of moderate length. For the purposes of the zoning ordinance, arterial streets in Exeter include Route 2, Route 3, Route 102, and Route 165.

  • 14. Awning. An overhead cover of canvas or other material extending over building openings to provide protection from the sun and rain.

  • 15. Bed and breakfast. An owner-occupied home that provides lodging and meals for a fee. Hosting functions such as weddings for a fee or in conjunction with the bed and breakfast use is prohibited.

  • 16. Buffer. Land that is maintained in either its natural state or landscaped, and is used to screen or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

  • 17. Building. Any structure used or intended for supporting or sheltering any use or occupancy.

  • 18. Building height. On all structures, building height is measured to the top of the highest point of the existing or proposed structure, excluding spires, chimneys, flag poles, and similar projections. On an undeveloped lot, building height is measured from the average existing-grade elevation where the foundation of the structure will be located. On an existing structure, building height is measured from the average grade of the outermost corners of the foundation. On a structure in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps, the base flood elevation on the FEMA map, plus up to five feet of any existing or proposed freeboard, less the average existing grade elevation, is excluded from the building height calculation. Freeboard is the number of feet the lowest floor of a structure must be elevated above the base flood elevation to provide safety.

  • 19. Building inspector. An appointed official responsible for issuing building permits and examining all structures during the course of their erection, alteration, repair, moving or demolition. Also called a building official.

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

  • 21. Common ownership.

    • i. Ownership of two or more contiguous lots by the same individual, individuals, entity, or entities.

    • ii. Ownership by an association of property owners such as a homeowners' association.

  • 22. Community residence. A residence defined in R.I. Gen. Laws § 45-24-31(15), as amended.

  • 23. Comprehensive community plan. The document adopted and approved pursuant to Title 45, Chapter 22.2 of the General Laws.

  • 23 Conservation development. The site planning and design process used to implement cluster subdivisions and land developments, as defined in R.I. Gen. Laws § 45-24-31(13) Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, and requires the set-aside of a permanent area of open space.

  • 25. Day care center. A facility that provides daytime care and supervision.

  • 26. Day care, family day care home. A home where daytime care and supervision is provided for no more than eight individuals, including up to six individuals who are not related to the caregiver.

  • 27. Density, residential. The number of dwelling units per unit of land.

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

  • 29. Development rights. Those rights to develop, expressed as the maximum number of dwelling units for residential parcels that could be permitted on a designated sending area parcel under the applicable zoning and subdivision regulations in effect on the date of the transfer of development rights.

  • 30. Drainage system. A system for the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff control to minimize erosion and sedimentation during and after construction or development, the means for preserving surface [waters] and groundwaters and the prevention and/or alleviation of flooding and pollution.

  • 31. Dwelling unit. A structure or portion thereof that provides permanent provisions for living, sleeping, eating, cooking and sanitation, and has a separate means of ingress and egress.

  • 32. Extractive industry. The extraction of minerals including: Solids, such as coal, ores and gravel and soil material; liquids, such as crude petroleum; and gases, such as natural gases. The term 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.

  • 33. Façade. The front of a building or any of its sides facing public spaces, frequently distinguished by distinctive architectural treatment.

  • 34. Family member. A person related by blood, marriage, or other legal means, including but not limited to a child, parent, spouse, mother-in-law, father-in-law, grandparent, grandchild, domestic partner, sibling, care recipient, or member of the household.

  • 35. Farm. Five acres or more of land which is, together with principal and accessory buildings, actively devoted to agricultural or horticultural production and operated by an individual, partnership, or corporation that has filled a U.S. Internal Revenue Form 1040 (Schedule F) with the Internal Revenue Service and has a State of Rhode Island farm tax number, and has earned at least $2,500.00 gross income on farm products in either of the proceeding two years.

  • 36. Farm brewery. A brewery that is located on a farm of no less than five acres and that produces beer which is manufactured with at least one primary ingredient (hops or grain) grown on the farm and whose annual production does not exceed 150,000 gallons of beer, and is in accordance with RI General Laws. A farm brewery may also sell beer at wholesale to retailers with the appropriate state license. A farm brewery is allowed to have a farm café as specified in the Exeter Zoning Ordinance Appendix A, Article II, Zoning, Sec. 2.4. — Zoning Use Table.

  • 36A. Farm café. A farm-based café sells food and beverages prepared on-site, serving as a secondary use to the primary farm operation. The Rhode Island Department of Health licenses the kitchen, which cannot exceed 35 percent of the building's total area or 600 square feet maximum. The café offers single-service options only, with no takeout, requiring guests to order and pay at a service window before eating. The menu must prominently feature locally sourced ingredients, with at least 51 percent from local farms, and any unavailable products can come from within a 125-mile radius.

  • 36B. Farm café kitchen. Is defined as a room that contains one or more of the following appliances, or is located within three feet of such appliances: A sink, which may include a dishwasher; a stove or other cooking appliances, such as an oven, microwave, or range. This area also encompasses essential spaces dedicated to food preparation, including workstations for tasks such as chopping, mixing, preparing, and assembling dishes, as well as organized preparation areas that facilitate meal preparation. The kitchen area shall not exceed 35 percent of the total gross floor area designated for the principal use and is restricted to a maximum allowable size of 600 square feet.

  • 37. Fast food restaurant. Any business, the major operation of which is over the counter service, generating a high turnover of customers and a large volume of traffic.

  • 38. Floodplain or flood hazard area. As defined in R.I. Gen. Laws § 45-22.2-4(9), as amended.

  • 39. Greenhouse.

    • i. Greenhouse - Tier I (less than two acres undercover). Traditional hoop house, gable, A-frame, gothic arch, geodesic dome, saw tooth and lean-to structures constructed of wood, metal piping (aluminum or steel) solid polycarbonate, acrylic and fiberglass) glass walls and roofs that are customarily accessory to a principal use and do not exceed two acres undercover either by an individual structure of in aggregate for a series of structures on the same property. Houses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt from the coverage calculation. Unlike a Tier II and III CEA Greenhouse facilities this category employs less advanced forms of heating ventilation (HVAC) systems, water recycling, computer-managed techniques and automation and does not include floor area specifically dedicated to administration, employees, washrooms, grading, warehousing, distribution and loading docks.

    • ii. Greenhouse - Tier II (two to four acres undercover). A structure or structures with walls and roof made chiefly of solid transparent material, such as glass, polycarbonate, acrylic used for the cultivation or protection of tender plants. These structures could be solitary structures or are a series of structures designed for the protection of tender or out-of-season plants against excessive cold or heat. The Tier II greenhouse category limits the area undercover to the growth of plants and does not include floor area specifically dedicated to administration, employees, washrooms, warehousing, distribution and loading docks. Greenhouses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt.

    • iii. Greenhouse - Tier III CEA Facility (greater than 4 acres undercover). Controlled Environmental Agricultural Facility (CEA facility) is a commercial structure that includes related equipment and appurtenances that combine engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The primary purpose of this commercial facility is to grow crops and obtain a monetary profit from the sale of plant-based food for human or livestock consumption. Unlike Tier I or Tier II greenhouses, this facility is more advanced and utilizes intensive forms of hydroponically-based agriculture along with automation to optimize horticultural practices in sophisticated climate-controlled buildings. These are glass and steel structures that often harvest roof top rainwater and are controlled by state-of-the-art computers that are able to monitor climate 365 days of the year, 24 hours a day, and make smart adjustments, data-driven adjustments, in order to maximize crop productivity, efficiency, reduce production losses. These facilities often include floor area dedicated to administration, employees, washrooms, harvesting, grading, warehousing, and distribution alongside structured parking and loading docks either as part of the facility or attached thereto.

  • 40. Gross floor area. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.

  • 41. Groundwater. As defined in R.I. Gen. Laws § 46-13.1-3(6), as amended.

  • 42. Home occupation. Any activity customarily carried out for gain by a person in the person's dwelling as an accessory to the principal residential use.

  • 43. Hotel. A building designed and intended for temporary lodging offered to the public for compensation, divided into separate units within the same building, and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use.

  • 44. Household. One or more persons living together in a single-dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food. The term "household unit" is synonymous with the term "dwelling unit" for determining the number of units allowed in a structure. An individual household consists of a family, which may also include servants and employees living with the family, or three or more unrelated persons living together.

  • 45. Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

  • 46. Junk. Items including, but not limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, construction debris, waste; or junked, dismantled or wrecked automobiles, or parts thereof; and iron, steel and other old or scrap ferrous or nonferrous material.

  • 47. Junkyard. The use of any lot, whether inside or outside a building, where an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk.

  • 48. Kennel, Class 1. A fully enclosed/indoor structure or establishment other than a pound or animal shelter where over ten dogs are kept, owned, trained and/or boarded.

  • 49. Kennel Class 2. A structure or establishment other than a pound or animal shelter where four to ten dogs are kept, owned, trained and/or boarded.

  • 50. Land development project. A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for a complex of uses, units, or structures for residential, commercial, institutional, recreational, open space, or mixed uses.

  • 51. Land disturbing activity. Any physical disturbance of land, including but not limited to clearing and grubbing for future development; excavating; filling; grading; or construction or demolition of a structure.

  • 52. Land unsuitable for development. Land with natural or man-made limitations that make it unsuitable for development. Land unsuitable for development shall be excluded from density calculations in conservation developments, rural residential compounds, and planned districts, and may not be considered as part of the minimum lot area required. Land unsuitable for development includes freshwater wetlands but not the area within any regulatory wetland buffer; special flood hazard areas A and A1 through A30, as shown on the FEMA Flood Insurance Rate Maps, as amended; and land within any publicly or privately held easement on which above-ground utilities, including but not limited to electrical transmission lines, are constructed. Land shall not be classified as unsuitable for development solely because of its natural gradient.

  • 53. Landscaping business. Any business whose purpose is to change or improve the natural scenery of a business or residence by placing or arranging trees, bushes, shrubs, ornamental grasses or other vegetation and also maintaining existing vegetation by pruning, mowing or other normal vegetative maintenance and also includes installation and maintenance of landscape features such as decorative ponds, waterfalls or other water elements as part of an overall landscape design.

  • 54. Lot. Either: (1) the basic development unit for determination of lot area, depth, and other dimensional regulations, or (2) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and is recognized as a separate legal entity for purposes of transfer of title.

  • 55. Lot area. The total area within the boundaries of a lot, including at a minimum, one acre of contiguous land that is suitable for development, usually reported in acres or square feet.

  • 56. Lot building coverage. That portion of the lot that is or may be covered by buildings and accessory structures.

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

  • 58. Lot frontage. That portion of a lot abutting a public street or a private street on an approved plat. Lot frontage must be contiguous to meet minimum frontage requirements.

  • 59. Lot line. A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

    • i. Front. The lot line separating a lot from a street right-of-way. On an interior lot, the front lot line is the lot line abutting a street. On a developed corner lot, the front lot line is the lot line currently used for that purpose. On an undeveloped corner lot, the front lot line is the lot line chosen by the property owner when initial development begins. On a through lot, the lot line abutting the street providing the primary access to the lot.

    • ii. Rear. The lot line opposite and more 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.

    • iii. Side. Any lot line other than a front on rear lot line. On a corner lot, a side lot line is along the street lot line other than the front lot line.

  • 60. Lot, through. A lot other than a corner lot that fronts on two substantially parallel streets, or fronts on two streets that do not intersect at the boundaries of the lot.

  • 61. Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

  • 62. Low-income household. A household with an adjusted gross income that is 80 percent or less of the area median income as determined by Rhode Island Housing.

  • 63. Low or moderate-income housing. See "affordable housing."

  • 64. Massing. The three-dimensional bulk of a structure consisting of its height, width, and depth.

  • 65. Maximum gross building footprint per retail structure. The maximum gross building footprint per retail structure shall be calculated by including the total footprint in square feet of all indoor space devoted to storage, display, and/or sale of goods to be sold at retail, and sales areas for retail goods located on the same or on contiguous lots or parcels of land for a single or commonly controlled retail business operation. Thus, even if more than one structure is utilized for a single or commonly controlled retail business operation, the combined gross footprint may not exceed 40,000 square feet. Nothing herein is intended to prohibit multiple retail structures on a single lot from exceeding a total of 40,000 square feet, as long as they are not for a single or commonly controlled retail business operation.

  • 66. Mixed use. A mixture of land uses within a single development, building, or tract.

  • 67. Mixed use commercial development. Commercial development in a business zone that contains a mix of commercial and residential uses as provided for in article 4, section 4.6 of this ordinance. A mixed use commercial development is considered a land development project.

  • 68. Mobile home or trailer. A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent foundation.

  • 69. Moderate income household. A household with an adjusted gross income that is more than 80 percent but less than 120 percent of the area median income as determined by Rhode Island Housing.

  • 70. Modification. A dimensional variance granted by the zoning inspector pursuant to section 1.4 of this ordinance.

  • 71. Motel. 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.

  • 72. Municipal government subsidy. Assistance that is made available through a town program sufficient to make housing affordable, as affordable housing is defined in this ordinance. Such assistance may include, but is not limited to, direct financial support, waiver of fees and charges, and approval of density increases or adjustments, or any combination of forms of assistance.

  • 73. Natural vegetation. Trees, shrubs, grass, or other plants which grow naturally or have been planted.

  • 74. Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of the Exeter zoning ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:

    • i. Nonconforming by use. 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.

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

  • 75. Overlay district. A zoning district that is superimposed on one or more other zoning districts or parts of districts and that imposes specified requirements in addition to but not less than those otherwise applicable to the underlying zone.

  • 76. Owner. A partnership, corporation, or company, or a person who alone, or jointly or severally with others, has legal title to a premises or has control of a premises as agent, executor, executrix, administrator, trustee, guardian of the estate of the holder of legal title, or the holder of equitable title.

  • 77. Performance standards. Criteria that a particular use or process must meet or may not exceed.

  • 78. Permitted use. A use that is specifically authorized by right in a particular zoning district.

  • 79. Planned village development (PVD). A type of major land development project permitted only within the planned village overlay zoning district that incorporates a mix of residential and nonresidential uses in a compact, walkable environment in compliance with the standards set forth in article X of this ordinance.

  • 80. Plant agriculture. The growing of plants for food or fiber, or to sell or consume. It is a permitted use in all zoning districts, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.

  • 81. Public water supply. Means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes:

    • i. Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and

    • ii. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

  • 82. Preapplication conference. A discussion of a proposed development between the applicant and the official or board with the authority to approve the development. A preapplication conference takes place before a formal application is submitted.

  • 83. Residential compound. A parcel of land containing lots for single-family dwellings having an average overall density of no greater than one dwelling unit per ten acres of land.

  • 84. Rhode Island Housing. The Rhode Island Housing and Mortgage Finance Corporation, an agency of the State of Rhode Island.

  • 85. Roofline. The top covering of a building which may consist of a variety of styles including, but not limited to: Gable roof, hip roof, shed roof, and gambrel roof.

  • 86. Scale. The general feeling of mass and size of a building as it relates to that of other buildings along a street or block front.

  • 87. Setback line. A line parallel to the property line marking the required depth of the front, side, or rear yard.

  • 88. Short-term rental. The occupancy or use, for a fee, of all or portions of a dwelling unit by anyone for tourist or transient use for a period of fewer than 30 consecutive calendar days. Hotels, motels and bed and breakfasts are excluded from this definition.

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

  • 90. Solar energy facility. The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas or electricity produced from a non-renewable source. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems. Definitions applicable to solar energy facilities are as follows:

    • i. Accessory building-mounted solar array. A solar energy system that is incidental and subordinate to the principal use(s) of the parcel, where the power produced can be used onsite, virtual net metered or sold back to the electric distribution company. An accessory building-mounted system shall be installed only on the roof of a structure.

    • ii. Building-mounted solar energy facility. A solar energy system that is structurally appended to the roof of a building or structure.

    • iii. Ground-mounted solar energy facility. A solar energy system that is structurally appended to the ground and is not supported by a structure or building.

    • iv. Large-scale solar energy facility. A solar energy system that occupies 40,000 square feet up to 220,000 square feet, inclusive of inter-row and panel/collector spacing.

    • v. Medium-scale solar energy facility. A solar energy system that occupies more than 1,600 square feet but less than 40,000 square feet of area, inclusive of inter-row and panel/collector spacing.

    • vi. Small-scale solar-energy facility. A solar energy system that occupies 1,600 square feet of area or less, inclusive of inter-row and panel/collector spacing.

    • vii. Solar canopy. A solar energy facility that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.

    • viii. Solar land coverage. The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other areas within the required perimeter fencing.

    • ix. Utility-scale solar energy facility. A solar energy system that occupies more than 220,000 square feet of area, inclusive of inter-row and panel/collector spacing.

  • 91. Special use. A conditionally permitted use that may be established with a special use permit issued by the zoning board of review or the planning board. See article I, section 1.3(F).

  • 92. Street. A public or private thoroughfare used for passage or travel by motor vehicles.

  • 93. Street line. A lot line that separates a lot from a street.

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

  • 95. Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of this ordinance and not in conformance with the dimensional and/or area provisions of the ordinance.

  • 96. Transfer of development rights. The ability to separate development rights from a particular parcel and use them to increase the development potential on another.

  • 97. Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

  • 98. Variance. Permission to depart from the literal requirements of the zoning ordinance. See section 1.3(E).

  • 99. Waters. As defined in R.I. Gen. Laws § 46-12-1(23).

  • 100. Yield plan. A plan of a conventional (as opposed to a conservation) subdivision that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land in compliance with this ordinance, taking into account land unsuitable for development. No lot shall be considered buildable unless it can be shown to have a minimum of one acre (43,560 sq. ft.) of contiguous, accessible land that is free of wetlands, water bodies, street rights-of-way, and electrical power line easements.

  • 101. Zoning certificate. A document signed by the zoning inspector that acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this zoning ordinance, or is an authorized variance, special use, or modification.

  • 102. Zoning inspector. A person elected by the people of the Town of Exeter who is charged with the responsibility of enforcing the provisions of this zoning ordinance and recording all amendments of the ordinance on the record copy of the zoning ordinance.

  • 103. Zoning map. The map that is part of this zoning ordinance and that delineate the boundaries of all mapped zoning districts within the physical boundaries of the town.

  • 104. Zoning ordinance. The zoning ordinance enacted by the town council pursuant to Title 45, Chapter 24 of the General Laws that sets forth regulations and standards relating to the nature and extent of uses of land and structures, is consistent with the comprehensive plan, and includes the zoning map.

(Ord. of 5-25-00, § I; Ord. of 1-6-03(2), § 4; Amd. of 3-3-03; Amd. of 10-5-04; Amd. of 3-6-06, § 1; Ord. of 8-7-06, § 1; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 9-4-07, § 1; Amd. of 4-7-08; Amd. of 4-6-09; Ord. of 9-27-12, Exh. 1; Amd. of 10-6-14, § 1; Amd. of 9-4-18; Amd. of 2-4-19, § 3; Amd. of 4-5-21; Ord. of 3-9-23, § 1; Ord. of 12-4-23(1); Ord. of 1-6-25(1); Ord. of 5-5-2025(1))

After the effective date of this ordinance, no land shall be used and no building, structure or part thereof shall be used or erected unless in conformity with all of the regulations specified for the district in which it is located. Uses and structures, legally existing as of the effective date of this ordinance will be permitted to continue under the provisions of article III of this ordinance.

3.A. General provisions; divisions into districts. In order to carry out the purposes of this ordinance, the Town of Exeter divides the town into the following zoning use districts:

Residential district (RE-2)

Rural district (RU-3)

Rural district (RU-4)

Conservation - Recreation (CR-5)

Business district (B)

Light business/residential (LB/R)

Light industrial (LI)

Open space and public lands (OS/PL)

Groundwater protection overlay district (GWOL)

Planned districts (PD)

Planned village overlay district (PVOD)

3.B. General provisions: Variances.

• • A. An application for relief from the literal requirements of the Exeter Zoning Ordinance because of hardship may be made by an owner, as defined herein, by filing with the zoning board clerk, an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zoning board clerk shall immediately transmit each application received to the zoning inspector and shall transmit a copy of each application to the Exeter Planning Board. The board shall conduct a public hearing on the application in a timely manner.

  • B. In granting a variance, the Exeter Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

    • 1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.

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

    • 3. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent of purpose of the Exeter zoning ordinance.

  • C. The Exeter Zoning Board of Review 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 the Exeter Zoning Ordinance. 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, which shall mean that the relief sought is reasonably necessary for the full enjoyment of the use to which the property will 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.

  • D. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

  • E. Expiration. A variance granted under this section shall expire 18 months after the date of the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a dimensional or use variance granted under this section provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee. The board may approve a timely submitted request for an extension by a majority vote.

3.C. General provisions: Special use permits.

• • A. An application for the issuance of a special use permit may be made by an owner, as defined herein, by filing with the zoning board clerk an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zone use table in article II specifies the uses requiring special use permits in each district. Only such uses as specified in the table shall be eligible to receive a special use permit in each respective district. The zoning board of review or the planning board shall conduct a public hearing on the application in a timely manner.

The zoning board clerk shall immediately transmit each application received to the zoning board of review and to the planning board.

• • B. An applicant for a special use permit shall demonstrate to the satisfaction of the zoning board by presenting competent evidence that the proposed use or structure:

    • 1. Will be environmentally compatible with the neighboring uses and will not adversely affect the surrounding residents' use and enjoyment of their property;

    • 2. Will be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.

    • 3. Will be compatible with the orderly growth and development of the Town of Exeter, and will not harm the environment.

    • 4. That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety and circulation; and that if the evidence indicates potential for soil erosion or sedimentation, impact on water quality or quantity, inadequate stormwater management, inadequate wastewater disposal, or unsafe traffic or pedestrian circulation, measures will be taken to mitigate or prevent those potential harms.

  • C. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

  • D. Expiration. A special use permit granted under this section shall expire 18 months after the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a special use permit granted under this section, provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee.

3.D. General provisions: Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after a public hearing under the zoning ordinance, the Exeter Zoning Board of Review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the Exeter Comprehensive Plan and the Exeter Zoning Ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Special conditions shall be based on competent credible evidence on the record and may include, but are not limited to, provisions for:

• • A. Minimizing adverse impact of the development upon other land, including the type, intensity, design, density and performance of activities;

  • B. Controlling the sequence of development, including when it must be commenced and completed;

  • C. Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • D. Ensuring satisfactory installation and maintenance of required public improvements;

  • E. Designating the exact location and nature of development; and

  • F. Establishing detailed records by submission of drawings, maps, plats or specifications.

3.E. General provisions: Public hearings before the zoning board of review.

• • A. The zoning board shall conduct a public hearing on an application for a variance or special use permit in a timely manner. The zoning board of review shall conduct a public hearing on an appeal from a determination by the zoning inspector or administrative officer within 65 days of the date the appeal was filed. A competent stenographer shall take the minutes of each public hearing.

  • B. The zoning board of review shall give notice of each public hearing at least 14 days before the date of the hearing in a newspaper that circulates in Exeter. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing.

  • C. The clerk of the zoning board of review shall send notice by first class mail, postage prepaid, at least 14 days before the date of the hearing, to the applicant and to:

  • 1. The owners of property within 200 feet of the property that is the subject of the application.

  • 2. The town council of any town adjacent to Exeter, if the subject property is located within 200 feet of the boundary of that town.

  • 3. Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage.

• • D. At least 14 days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.

  • E. Any party may appear in person or by agent or by attorney. Participation in a public 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, a knowing violation of law.

3.F. General provisions: Decisions of the zoning board of review.

• • A. The zoning board of review shall render a decision on each application or appeal within 15 days of the day the public hearing is closed. The written decision shall be posted immediately in the town clerk's office, in a location visible to the public. The date of posting shall be noted on the document. A decision granting a variance or special use permit also shall be recorded in the land evidence records.

  • B. The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.

  • C. Within one day of the date the decision was posted, the zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address. The decision shall be sent by any method that provides confirmation of receipt. The clerk also shall provide a copy of the written decision to the zoning inspector.

3.G. General provisions: Creation of vested rights. An application shall be vested for the purposes of this ordinance as follows:

• • A. Where planning board or zoning board approval is not required, an application is vested when the building official issues a building permit. The application is vested under the zoning ordinance and regulations in effect on that date.

  • B. Where only planning board approval is required for development, an application is vested on the date the administrative officer certifies as complete the application for the first formal stage of review. The application is vested under the zoning ordinance and regulations in effect on the date of certification.

  • C. Where only zoning board approval is required, an application is vested on the date the administrative officer or the zoning inspector determines that the application is complete. The applicant is vested under the zoning ordinance and regulations in effect on the date of certification.

  • D. If an applicant seeks to create vested rights under a newly adopted or amended ordinance or regulation, the applicant shall withdraw the previous submission and submit a new application, with all required supporting data, to the appropriate reviewing authority. The newly submitted application shall be vested according to this section.

3.H. General provisions: Publication and availability of the Exeter Zoning Ordinance.

• • A. Printed copies of the Exeter Zoning Ordinance and zoning map shall be available to the general public and shall be revised to include all amendments. A reasonable charge shall be made for copies to reflect printing and distribution costs.

  • B. Upon publication of the Exeter Zoning Ordinance and zoning map, and any amendments thereto, the Exeter Town Clerk shall send a copy, without charge, to state law library.

(Amd. of 3-3-03, §§ 2, 3, 5; Ord. of 9-27-12, Exh. 1; Amd. of 1-7-19; Amd. of 4-1-19; Ord. of 12-4-2023(1))

1.4.1. Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.

• • 1. Purpose. The purposes of this section are:

    • A. To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;

    • B. Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;

    • C. Support the merging of modern technology with traditional agricultural operations;

    • D. Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;

    • E. Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;

    • F. Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;

    • G. To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community;

    • H. Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed; and

    • I. Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.

  • 2. Prohibitions; Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:

    • A. On site, uncovered stockpiling of greenhouse waste.

    • B. Growing or processing of cannabis.

    • C. Anaerobic Digester Biogas Power Plants.

  • 3. Review procedure; Tier II Greenhouse. Shall be subject to the following review and approval by the planning board:

    • A. "Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations Section 2.5 entitled "Development Plan Review."

    • B. "Light pollution mitigation plan." Supplementing the elements of "development plan review" (DPR), the applicant shall present a "light pollution mitigation plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.

  • 4. Eligibility; Tier III/CEA Facility Greenhouse. The subject proposal must conform with ALL of the following:

    • A. The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and

    • B. The entirety of the facility shall be located within an RU-3 zoning district; and

    • C. The property shall have access and egress and contain the minimum improved frontage on at least one of the following state arterial roadways:

      • i) R.I. Route 2

      • ii) R.I. Route 102

      • iii) R.I. Route 3; and

    • D. The subject parcel must have a minimum lot size of no less than 40 acres; and

    • E. Will not result in removing more than 20 percent an existing tree canopy of ten-inch diameter trees (ten-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and

    • F. Has been in agricultural use and production for the last five consecutive years as verified by the filing of a Schedule F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.

  • 5. Review procedure; Tier III/CEA Facility Greenhouses. Shall be subject to the following review and approval by the planning board:

    • A. "Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review."

    • B. "Enhanced development standards" shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 (5—8) Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.

  • 6. Project review fees; Tier III/CEA Facility Greenhouses. A project review fee shall apply to review by outside consultants due to the projects size, scale or expertise needed to address the project's potential impacts and/or because the town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the town for such consultant. In hiring outside consultants, the town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III/CEA Facility." Project review fees are to be funded by the applicant separate from, and in addition to, fees imposed by the town for application and inspection.

  • 7. Minimum design standards; Tier III/CEA Facility Greenhouse. The application shall conform with all of the following design criteria:

    • A. The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and

    • B. The greenhouse shall be considered the primary use of the property; and

    • C. The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent of interior lighting within the facility shall be visible from the boundaries of the property. Exterior lighting of the building(s), parking lot(s), and loading docks shall be Dark Sky compliant; and

    • D. The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and

    • E. Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, C02 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.

  • 8. Dimensional standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following:

    • A. Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent of the total square footage of the greenhouse; and

    • B. Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.

    • C. The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, Zoning, Article XIII. - entitled Maximum Lot Coverage Of All Buildings.

    • D. The height of a CEA shall not exceed 35 feet.

    • E. All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.

    • F. The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review AND Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. Special provisions section 1.4.1(9) entitled "Enhanced Development Standards" as determined by the planning board.

  • 9. Enhanced development standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following design criteria:

    • A. Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the comprehensive plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.

    • B. Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.

    • C. Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how they plan to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. Specifically, verify that the water recycling plans is compliant with the State Rhode Island Department Environmental Management Regulations as well as pertinent state and federal laws. (Subject to peer review).

    • D. Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also validate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).

    • E. Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access egress plan for all proposed (driveways and walkways) to demonstrate no negative impact to traffic and safe access to the subject property. Should the study warrant the applicant of the development shall be responsible for any necessary road upgrades.

    • F. Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.

    • G. Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, C02 systems, ventilation fans and waste disposal.

    • H. Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, C02 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a ten db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns

    • I. Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.

    • J. Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.

4.A. Special provisions; modification.

• • A. The zoning inspector shall be authorized to grant/approve modifications of no more than 15 percent for dimensional requirements applicable to front, side, and rear yards. The table below shows the dimensional regulations and the maximum modification allowed.

    	LB/R	RE-2	RU-3	RU-4	CR-5	B	LI	OS/PL	Maximum modification
    Front yard	100 ft	60 ft	100 ft	100 ft	150 ft	10 ft	200 ft	200 ft	15%
    Side yard	30 ft	30 ft	60 ft	80 ft	100 ft	30 ft	50 ft	50 ft	15%
    Rear yard	75 ft	50 ft	50 ft	50 ft	150 ft	75 ft	100 ft	150 ft	15%

 

• • B. Within ten days of receipt of a request for a modification, the zoning inspector shall approve the modification if he or she finds that the following criteria are satisfied:

    • 1. The modification is reasonably necessary for the full enjoyment of a permitted use;

    • 2. The modification will not substantially injure or substantially impair the appropriate use of neighboring property;

    • 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 requested does not violate any rules or regulations with respect to freshwater wetlands.

If the modification is five percent or less, the zoning inspector has the authority to grant a permit for the modification without public notification. If the modification is more than five percent, notice of the modification request shall be published in a newspaper that circulates in Exeter and shall be sent by first class mail to the owners of property abutting the property that is the subject of the modification request. The notice, which shall include the street address of the property, shall state that the modification will be granted unless written objection is received within 14 days. If an objection is received, the modification request shall be submitted to the zoning board of review as a request for a dimensional variance. If no objection is received, the zoning inspector shall issue a modification permit. The zoning inspector may apply any special conditions to the permit that are necessary to ensure that the modification complies with the intent and purposes of the zoning ordinance. The zoning inspector shall keep a record of all requests for modifications, determinations, objections received, and special conditions applied to any modification permit. The cost of any notice required shall be borne by the applicant.

4.B. Special provisions; land development projects.

• • A. Land development projects which are projects in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures including, but not limited to, planned development for residential, commercial, institutional, industrial, recreational, open space and/or mixed uses as may be provided for in the zoning ordinance.

  • B. All open land provided by land development projects for public or common use, shall either (1) be conveyed to the town and accepted by it for park, open space, agricultural or other specified use or uses, or (2) be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or (3) be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units; or (4) remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry, and, in accordance with the comprehensive plan and zoning ordinance, that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources. In any case, where the land is not conveyed to the town, a restriction or conservation easement enforceable by the town shall be recorded, providing that the land shall be kept in the authorized conditions(s) and not be built upon or developed for accessory uses such as parking or roadway without prior town approval.

The planning board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the comprehensive plan.

• • C. Rural residential compounds.

    • 1. Objectives and applicability. The objective of the rural residential compound is to provide for flexibility of design for residential development and to allow a better relationship between residential development and the natural, historic and rural characteristics of the land. Lots may contain less than the frontage and provide flexibility in the front, side, and rear yard setback requirements as prescribed by this ordinance for the underlying district provided that the requirements of this section are met. See section 2.4.3

    • 2. Purpose and review process.

      • a) Residential compounds are intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to conventional land development and subdivisions.

      • b) Residential compounds Residential compounds require planning board approval as land development projects.

    • 3. Permitted uses. The permitted uses applicable to residential compounds shall be only those residential uses listed as permitted in the applicable zoning district in which the residential compound is located, as set forth in section 2.4 of the zoning ordinance.

    • 4. Density calculation and dimensional regulations.

      • a) The maximum number of building lots allowable in a residential compound shall not exceed one lot per ten acres of land, and no fewer than two building lots.

      • b) The planning board may allow flexible lot width or frontage requirements for lots within a rural residential compound, provided however, that no building lots shall be reduced in area to less than one acre. The planning board may reduce those areas or portions of lots within the minimum prescribed front-rear-side yard setbacks, known as building envelopes, to designate an appropriate area for the siting of a house.

Editor's note— Subsection 1.4.C.4.b) was amended in 2004 by the conservation development ordinance.

• • • 5. General requirements.

      • a) A parcel proposed for development as a residential compound shall have frontage on a town-accepted street. Such frontage shall be a minimum of 50 contiguous feet.

      • b) Each proposed lot must contain a minimum of one acre of land exclusive of land unsuitable for development as defined in section 1.2 herein.

      • c) No lot, which has been reduced in size or acreage after the adoption of this ordinance, shall be developed as a rural residential compound. No lot or parcel that has been developed as a residential compound shall be further subdivided or reduced in size. This provision shall not prevent the development in incremental stages of a parcel as a residential compound as long as each component lot shall not be changed after having received final approval from the planning board.

    • 6. Open space. At least 50 percent of the total land area of the parcel proposed for development shall be designated as permanent open space in accordance with the provisions of the town land development and subdivision regulations. To the extent possible, the proposed open space shall be contiguous. Any land within a rural residential compound not designated as a building lot shall be protected against future development and environmental damage in perpetuity by conveying to the town or other appropriate legal entity, an open space conservation easement restricting the future use and alteration of the area as provided below.

Ownership of the open space shall be set forth in one or more of the following ways subject to planning board approval and authorization:

• • • • • Conveyance to the town for specific open space or recreational purposes provided the need for such is documented in the comprehensive plan;

      • • Conveyance to an appropriate nonprofit legal entity, the principal purpose of which is the conservation of natural resources and open space;

      • • Conveyance to a corporation or trust owned or to be owned by the owner(s) of one or more of the lots within the development. There are two options for the ownership of the open space.

Option 1: Each owner will have an undivided interest in and to those open space lots and ownership shall pass with conveyances of the lots or units.

Option 2: One landowner may own all the permanent preserved open space for agricultural or other town accepted uses.

• • • • 1) The open space lot created shall be protected against future development and unauthorized alterations in perpetuity by appropriate deed restrictions and conservation easements. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway. The planning board shall approve the form and content of any such restrictions and easements at the time of final approval of the residential compound.

      • 2) Any buildings, structures, parking areas or impervious improvements associated with open space use may be located on the open space lot, or lots, provided however, that any structure is within keeping the lot, or lots, as part of the open space. The planning board shall approve the facility and location of all such facilities and their design in terms of massing, scale and materials.

      • 3) The owner(s) of the open space lot, or lots, shall guarantee perpetual maintenance by appropriate deed restrictions and easements and the planning board shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provisions:

        • a. If the building lot owners and/or their open space lot owners, and/or their successors or assigns fail to maintain the open space lot, or lots, the Town of Exeter may, at its option and its sole discretion, perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action of law or in equity against the building lot owners and/or their open space lot owners or their successors or assigns.

      • 4) Any rural residential compound approved under this regulation shall be exempt from the subdivision land dedication requirements for open space and/or a fee in lieu of open space.

    • 7. Design and improvement standards.

      • a) Private roads and drainage improvements within the parcel to be developed as a residential compound shall be privately owned and maintained in common by the residents of the residential compound. At the time of final approval, the planning board shall approve the form and content of the following legal document to be recorded contemporaneously with the final plat:

        • 1) A covenant by the owner of the parcel, binding on his successors and assigns, that the town shall not be asked or required to accept or maintain the private roads within the parcel that do not meet the engineering and design requirements for town-accepted roads, for a minimum of 99 years from the date of recording; or, if only a lesser period is legally enforceable, for that period with as may automatic renewals as are necessary to total 99 years. Such restrictions shall state that all expenses for improvements to private roads to meet town requirements including a town road, shall be born by the owners of the property, including such improvements which may be deemed necessary for public use should the property owners wish a private roadway be made a town-accepted road.

        • 2) A document or documents establishing the method of ownership and providing for the maintenance of the private roads and drainage improvements.

      • b) Private roads and appropriate drainage facilities within a residential compound shall be designed, constructed and inspected in compliance with the town land development and subdivision regulations as specified for residential compounds. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if the private road will be used by persons other than the residents of the compound.

      • c) If the planning board determines that an existing private road, which is proposed to be used as access from the compound to a town-accepted road, is not adequate for public health, safety and welfare purposes, the planning board shall have the authority to require improvements to the private road, provided that the applicant shall demonstrate to the boards satisfaction that he/she has legal authority to construct such improvements. Such improvements may include improved pavement surface, increased pavement width, increase in depth below finished grade for removal of boulders or ledge, improvements in the grade of ascent or descent, surface water run-off control, natural water flow protection or drainage improvements. Any such professional engineer and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed plat. No final approved plat shall be endorsed or recorded and building permits issued for any property in rural residential compounds until such required improvements are completed.

      • d) Private roads, drainage, and other improvements within a residential compound may be bonded pursuant to the town land development and subdivision regulations.

    • 8. Approval process. The planning board shall review residential compounds as land development projects, as provided in section 5.2 of the land development and subdivision regulations.

Approval of a rural residential compound shall be granted only upon the planning board's determination that the plan preserves open space; utilizes the natural features of the land, allows for more efficient provision of access, provides for stability and appropriate long term safety and capacity of the road system including both internal and external roads of the residential compound, be they private roads, shared driveways, public ways, or town-accepted roads; and preserves the aquifer overlay district and the rural character of the land.

Rural residential compounds are to be allowed by the planning board only when a subdivider can demonstrate to the board that such development would be a better use of the land than a conventional subdivision and is in the best interests of the residents of the town. To this end, the planning board may require the subdivider to provide an alternate plan or plans for developing the land as a conventional subdivision.

The final plan approved by the planning board and recorded in the land evidence records of the town shall contain the following statement: "These premises are subject to the restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."

• • D. Conservation developments.

    • 1. Purpose. The purposes of this section, conservation developments, are:

      • A. To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, wetlands, aquifers and their recharge areas, and agricultural lands, by setting them aside from development;

      • B. To preserve historical and archaeological resources;

      • C. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;

      • D. To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

      • E. To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the comprehensive plan,

      • F. To provide reasonable incentives for the creation of a greenway system within the town;

      • G. To implement adopted land use, transportation and community service policies, as set forth in the comprehensive plan,

      • H. To protect areas of the town with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

      • I. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

      • J. To provide for the maintenance of open land set aside for active or passive recreational use, storm water drainage or conservation lands;

      • K. To conserve and create scenic views and preserve the rural character of the town;

      • L. To provide a buffer between new development and existing streets and neighborhoods.

    • 2. Approval procedure. The planning board may approve, as a land development project, a conservation development in all residential zoning districts. Application for all conservation development land development projects shall be made in accordance with the procedures of the town's land development and subdivision regulations, whether a subdivision or not.

    • 3. Permitted uses. Permitted uses in a conservation development include:

      • A. Residential dwelling units as herein provided and accessory uses customarily incidental and subordinate thereto; and

      • B. Open space, which is set aside for recreation, conservation, agricultural use or for preservation of valuable or sensitive features or structures.

The following residential uses are permitted (Y) in a conservation development:

Use Category as provided in section 2.4 zoning use table

• • • • • 1. Single-family structures

        • 2. Home occupations

        • 3. Signs permitted in article VI, accessory to primary use

        • 4. Parking as required in article V, accessory to primary use

        • 5. Accessory use as defined in article IV, section 1

In addition, two-family dwelling structures are allowed by special use permit in a conservation development.

• • • 4. Maximum density for conservation development. The maximum density for a conservation development shall not exceed the number of lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a yield plan as defined in section 2.0 of the land development and subdivision regulations, and as further described in section 5.8 (the basic maximum number of dwelling units), plus any incentive dwelling units. Provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.3 above the basic maximum number where granted a zoning incentive as provided in subsection 5, below.

    • 5. Zoning incentives. No zoning incentives pursuant to this section shall be permitted in aquifer overlay zoning districts. In all other districts where permitted, the planning board may approve a conservation development with the following zoning incentive:

      • A. Where the planning board determines that the amount of open space area provided in the entire conservation development exceeds the minimum required amount as required in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

        Amount of Open Space Provided	Permitted Increase in Density
        5 to 10 percent more than minimum	Factor of 1.05
        More than 10 to 20 percent more than minimum	Factor of 1.1
        More than 20 to 50 percent more than minimum	Factor of 1.2
        More than 50 percent above minimum	Factor of 1.3

 

The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: Maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the comprehensive plan. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one. Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two bedrooms.

In computing the number of incentive dwelling units, all figures shall be rounded down to the nearest whole number. Incentives shall be granted in accordance with section 5.17 of the land development and subdivision regulations.

• • • 6. Modification of lot requirements. Applicants are encouraged to modify lot area, shape, and other dimensional characteristics within a conservation development. A conservation development may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Where dwellings are proposed to be located on individual lots, the following minimum dimensional regulations shall be applicable to dwellings within a conservation development.

      Use	Lot Area (sq. ft.)	Lot Frontage and Width (ft.) (See Note)	Front Yard Depth (ft.)	Rear Yard Depth (ft.)	Side Yard (each side) (ft.)
      Single-household dwelling	43,560	150	40	40	20
      Two-household dwelling (duplex)	65,340	150	40	40	20

 

Note: The planning board may authorize, through a request for waiver, modifications to the above lot frontage and width as provided in section 2.4.3 of the zoning ordinance.

• • • 7. Uses permitted within open space areas. The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management, and agricultural purposes. Stormwater drainage areas may also be allowed if permitted by the planning board in accordance with sections 5.12—5.13 of the land development and subdivision regulations.

4.C. Special provisions; preapplication conference. A preapplication conference shall be held at the request of the zoning inspector or the applicant to:

• • A. Acquaint the applicant with the Exeter comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;

  • B. Suggest improvements to the proposed design on the basis of a review of the sketch plan;

  • C. Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

  • D. Help the applicant to understand the steps to be taken to receive approval.

4.D. Comprehensive permit for low- or moderate-income housing.

• • 1. Authority to grant a comprehensive permit. In accordance with Title 45, Chapter 53 of the R.I. General Laws, the R.I. Low and Moderate Income Housing Act, as amended (the Act), the planning board has been designated as the local review board and shall have the authority to issue a comprehensive permit to build a qualifying low or moderate income housing project.

  • 2. Definitions. The following words, wherever used in this section, unless a different meaning clearly appears from the context, have the following meanings:

    • (1) Adjustment means a request by the applicant to seek relief from the use and dimensional requirements of the zoning ordinance or the design standards and requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is in R.I. Gen. Laws § 45-53-9 4(D)(2)(iii)(E)(II).

    • (2) Comprehensive plan means the comprehensive plan adopted and approved by the Town of Exeter pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws.

    • (3) Consistent with local needs means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in Exeter affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of Exeter, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the Exeter zoning ordinance and the Exeter land development and subdivision regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:

      • (a) Low- or moderate-income housing exists that is:

        • (i) In the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise 25 percent or more of the year-round housing units, is in excess of 15 percent of the total occupied year-round rental units; or

        • (ii) In the case of all other cities or towns, is in excess of ten percent of the year-round housing units reported in the census.

      • (b) The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan that has been adopted and approved pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent of the year-round housing units or 15 percent of the occupied year-round rental housing units.

      • (c) Multi-family rental units built under a comprehensive permit may be calculated towards meeting the requirements of a municipality's low- or moderate-income housing inventory, as long as the units meet and are in compliance with the provisions of R.I. Gen. Laws § 45-53-3.1.

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

    • (5) Low or moderate income housing means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable that will remain affordable through a land lease and/or deed restriction for 99 years from initial occupancy. Low or moderate income housing is synonymous with affordable housing.

    • (6) Affordable housing plan means the component of the housing element of the Exeter comprehensive plan to meet housing needs, prepared in accordance with guidelines adopted by the state planning council and meeting the provisions of R.I. Gen. Laws § 45-53-4(b)(1) and (c).

    • (7) Approved affordable housing plan means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in R.I. Gen. Laws §§ 45-22.2-8, 45-22.2-9, or 45-22.2-12.

    • (8) Letter of eligibility means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with R.I. Gen. Laws § 42-55-5.3(a).

    • (9) Local review board means the planning board.

    • (10) Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least twenty percent of the total residential units approved by a local review board in a calendar year are for low and moderate-income housing as defined in R.I. Gen. Laws § 42-28 128-8.1.

    • (11) Monitoring agents means those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to R.I. Gen. Laws § 45-53-3.2 to provide the monitoring and oversight set forth in R.I. Gen. Laws §§ 45-53-3.2 and 45-53-4.

    • (12) Municipal government subsidy means assistance that is made available by the Town of Exeter sufficient to make housing affordable. Such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density and other adjustments, and any combination of forms of assistance.

  • 3. Application procedure. An applicant proposing to build low- or moderate-income housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25 percent of the dwelling units will be low- or moderate-income housing, and in which at least 50 percent of the units of those units are restricted to households with an income at or below 80 percent of the area median income. The application and review process for a comprehensive permit shall be as follows:

    • (a) Fees and costs. Application fees shall be the same as the application fees listed in the land development and subdivision regulations for a major land development project. The applicant shall be responsible for the advertising and postage costs for public hearing notice. The applicant shall be responsible for project review fees as provided in the land development and subdivision regulations.

    • (b) Preapplication conference. The applicant shall request a preapplication conference with the planning board. The applicant shall be required to submit only the following information:

      • (i) An application form for preapplication review;

      • (ii) A brief written description of the project that includes the number of dwelling units, type of housing, a density analysis, and a preliminary list of adjustments needed;

      • (iii) A location map;

      • (iv) A conceptual site plan.

The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required. The administrative officer shall schedule the pre-application conference upon submission of the required material. If the pre-application conference does not take place within thirty days of the date the application is submitted, the applicant may submit an application for preliminary plan review.

• • • (c) Preliminary plan application. The applicant shall submit the following material for preliminary plan review:

      • (i) A completed comprehensive permit application form.

      • (ii) A letter of eligibility issued by the R.I. Housing and Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agency, an award letter indicating the subsidy.

      • (iii) A proposed timetable for the commencement of construction and completion of the project.

      • (iv) The preliminary plan checklist for a major land development project in the land development and subdivision regulations and all the items required by the checklist except state or federal permits.

    • (d) Certification. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.

The administrative officer shall schedule a public hearing on the application as soon as practicable after issuing the certification of completeness. The notice requirements for a public hearing on a major land development project shall apply. A competent stenographer shall take the minutes of each public hearing.

Notwithstanding the submission requirements above, the planning board may request additional, reasonable documentation during the public hearing, including but not limited to opinions of experts, credible evidence that applications have been filed for necessary federal or state permits, or recommendations from other boards, commissions, or officials.

• • 4. Mandatory adjustments. The planning board shall approve adjustments to the requirements of the zoning ordinance, land development and subdivision regulations, and other municipal ordinances and regulations to offsent the cost of constructing the low and moderate income dwelling units. The following adjustments are mandatory:

    • (a) If the applicant can demonstrate to the planning board that the R.I. department of environmental management will approve the required on-site wastewater treatment systems, and that Town water is available to the site or that on-site wells will provide the water adequate to serve the proposed dwelling units, the provisions of the zoning ordinance concerning residential density shall be adjusted as follows:

25-five percent of the dwelling units will be low or moderate income, the minimum residential density is three dwelling units per acre.

• • • • (ii) In development in which 50 percent of the dwelling units will be low or moderate income, the minimum residential density is five dwelling units per acre.

      • (iii) In developments in which 100 percent of the dwelling units will be low or moderate income, the minimum residential density is eight dwelling units per acre.

    • (b) No more than one off-street parking space shall be required for a dwelling unit with one or two bedrooms.

    • (c) An applicant shall not be required to reduce the number of bedrooms in any dwelling unit to fewer than three.

    • (d) An applicant shall not be required to reduce the area of any room in a dwelling unit below the requirements of the R.I. Building Code or the R.I. Housing Maintenance and Occupancy Code.

  • 5. Preliminary plan approval.

    • (a) The planning board shall approve or deny the application within 90 days of the day the preliminary plan submission was certified as complete, unless the applicant consents in writing to an extension of time. If a timely decision is not made, the application will be considered approved and the administrative officer shall issue a preliminary plan approval at the request of the applicant.

    • (b) To approve a comprehensive permit application, the planning board must find that the application satisfies the requirements below. The planning board must include in its decision findings of fact based on legally competent evidence in the record. The decision must specify the evidence on which each finding is based.

      • (i) The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Exeter's affordable housing plan.

      • (ii) The development complies with the zoning ordinance and land development and subdivision regulations, or, if adjustments have been granted from the provisions of the ordinance or regulations, the need for low- or moderate-income housing outweighs the impact of the adjustments.

      • (iii) The low- and moderate-income dwelling units will be integrated throughout the development, will be similar in scale and architectural style to the market rate units, and will be built and occupied before or at the same time as the market rate units.

      • (iv) The development as approved will not have any significant negative effects on the health and safety of current or future residents of Exeter in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of Exeter.

      • (v) All of the buildings in the development will have adequate and permanent physical access to a public street.

      • (vi) None of the building lots will have physical constraints to development that would make construction on those lots impracticable.

    • (c) The planning board has the same authority to issue permits or approvals as any town board or official who would otherwise act with respect to the application, including, but not limited to, the authority to impose conditions on the approval, and the authority, consistent with the terms of the Act, to determine building height, size or shape; the site plan; and the building materials. If the planning board proposes conditions to be placed on the approval that the applicant believes would make the development infeasible, the planning board shall give the applicant a reasonable period of time to respond to the proposed conditions before the planning board votes to impose the conditions. The burden is on the applicant to show that the conditions would make the development infeasible.

    • (d) If Exeter has an approved affordable housing plan and is meeting local needs, the planning board shall:

      • (i) Limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in Exeter, as recognized in the affordable housing plan.

      • (ii) Have the authority to consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

    • (e) A majority vote of the planning board members present is necessary for approval.

    • (f) The planning board's written preliminary plan decision shall be recorded in the land evidence records within 20 days of the day the planning board votes. Within one day of recording, a copy of the decision shall be mailed, by any method that provides confirmation of receipt, to the applicant and to any other person who has made a written request to receive it.

    • (g) The approved Preliminary Plan expires two years after the date of approval. The applicant may request two one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.

    • (h) The planning board may deny approval of the application for any of the following reasons:

      • (i) Exeter has an approved affordable housing plan, has made significant progress in implementing the approved affordable housing plan, is meeting local housing needs, and the proposed development is inconsistent with the approved affordable housing plan.

      • (ii) The proposed development is not consistent with local needs, including but not limited to the needs identified in the approved comprehensive plan or the zoning ordinance.

      • (iii) The proposed development is not in conformance with the comprehensive plan.

      • (iv) Exeter has plans to make ten percent of the total occupied year-round housing low- or moderate-income housing, and has achieved that goal or has made significant progress toward meeting that goal.

      • (v) The proposed development may negatively impact the environment and the health and safety of current Exeter residents and the applicant has not adequately addressed those concerns.

  • 6. Final plan approval.

    • (a) Final plan approval is administrative; provided, however, that the applicant may be required to return to the planning board for final plan approval if the planning board has waived submission at preliminary plan review of any required information, if the application does not satisfy conditions of the preliminary plan approval; if the application does not include all the required material; or the applicant has proposed a major change to the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. The applicant shall submit the following material to the administrative officer for final plan approval:

      • (i) All required state and federal permits; provided, however, that the administrative officer shall have the authority to require submission of state and federal permits before the first building permit is issued rather than at final plan submission.

      • (ii) A draft agreement with a monitoring agent appointed by the R.I. Housing Resources Commission that will ensure that each low- or moderate-income dwelling unit is sold, leased, owned or occupied in compliance with the recorded affordability restrictions.

      • (iii) A draft land lease or deed restriction with affordability liens that restricts the use of the property to low- or moderate-income housing in conformance with R.I. Housing and Mortgage Finance Corporation Guidelines for at least 99 years.

      • (iv) The Final Plan checklist for major land development projects in the land development and subdivision regulations and all the items required by the checklist.

      • (v) Arrangements for completion of the required public improvements, including financial guarantees.

    • (b) The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.

    • (c) The administrative officer shall approve the final plan within 45 days of the date it was certified as complete unless the applicant is required to return to the planning board for final approval. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan.

    • (d) If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a final plan approval at the request of the applicant.

    • (e) The approved final plan expires two years after the date of approval. The applicant may request a one-year extension, and must appear before the planning board to request the extension. The planning board may approve further extensions for good cause. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of Final Plan approval are vested until the final plan expires.

  • 7. Appeal.

    • (a) The applicant or any person aggrieved by the decision of the planning board may appeal to the Washington County Superior Court within 20 days of the date the board's written decision was recorded in the land evidence records pursuant to R.I. Gen. Laws § 45-53-5.1.

    • (b) If the Superior Court remands the application to the planning board, the board shall hear the remanded application within 30 days of the day it was received.

4.E. Special provisions: Greenhouse Tier II and Greenhouse Tier III /CEA Facility.

• • 1. Purpose. The purposes of this section are:

    • A. To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;

    • B. Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;

    • C. Support the merging of modern technology with traditional agricultural operations;

    • D. Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;

    • E. Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;

    • F. Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;

    • G. To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community and:

    • H. Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed.

    • I. Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.

  • 2. Prohibitions. Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:

    • A. On site, uncovered stockpiling of greenhouse waste.

    • B. Growing or processing of cannabis.

    • C. Anaerobic Digester Biogas Power Plants.

  • 3. Review Procedure. Tier II Greenhouse - Shall be subject to the following review and approval by the Plam1ing Board:

    • A. Minor land development. The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a minor land development plan.

    • B. Light Pollution Mitigation Plan. The applicant shall present a "Light Pollution Mitigation Plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.

  • 4. Eligibility. Tier III/CEA Facility Greenhouse - The subject proposal must conform with ALL of the following;

    • A. The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and

    • B. The entirety of the facility shall be located within an RU-3 zoning district; and

    • C. The property shall have access and egress and contain the minimum improved frontage on at least ONE of the following State arterial roadways:

      • (i) R.I. Route 2.

      • (ii) R.I. Route 102.

      • (iii) R.I. Route 3.

    • D. The subject parcel must have a minimum lot size of no less than 40 acres; and

    • E. Will not result in removing more than 20 percent an existing tree canopy of 10 inch diameter trees (10-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and

    • F. Has been in agricultural use and production for the last five consecutive years as verified by the filing of a SCHEDULE F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.

  • 5. Review procedure. Tier III/CEA Facility Greenhouses - Shall be subject to the following review and approval by the Planning Board:

    • A. Major land development - The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a major land development plan.

    • B. "Enhanced Development Standards" - shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. - ADMINISTRATION PROCEDURES 1.4.1 (5-8) Special provisions; Greenhouse Tier II and Greenhouse Tier III /CEA Facility.

  • 6. Project review fees. Tier III/CEA Facility Greenhouses - A project review fee shall apply to review by outside consultants due to the project's size, scale or expertise needed to address the project's potential impacts and/or because the Town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the Town for such consultant. In hiring outside consultants, the Town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the Board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. ADMINISTRATION PROCEDURES 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III /CEA Facility. Project Review Fees are to be funded by the applicant separately from, and in addition to, fees imposed by the Town for application and inspection.

  • 7. Minimumd design standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:

    • A. The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and

    • B. The greenhouse shall be considered the primary use of the property; and

    • C. The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent (I%) of interior lighting within the facility shall be visible from the boundaries of the property. all exterior lighting fixtures shall have the International Dark-Sky Association (IDA) Fixture Seal of Approval;

    • D. The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and

    • E. Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, CO2 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.

  • 8. Dimensional standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following:

    • A. Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent (10%) of the total square footage of the greenhouse; and

    • B. Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.

    • C. The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, ZONING, ARTICLE XIII. - entitled MAXIMUM LOT COVERAGE OF ALL BUILDINGS.

    • D. The height of a CEA shall not exceed 35 feet.

    • E. All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.

    • F. The overall design shall meet or exceed the criteria and standards established in the subsection 9 of this section, below, as determined by the Planning Board.

  • 9. Enhanced development standards. Tier Ill/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:

    • A. Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the Comprehensive Plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.

    • B. Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying that the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.

    • C. Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how the applicant plans to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. The applicant must specifically verify that the water recycling plan is compliant with the Rhode Island Department of Environmental Management regulations as well as pertinent state and federal laws. (Subject to peer review).

    • D. Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also v alidate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).

    • E. Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access and egress plan for all proposed driveways and walkways to demonstrate no negative impact to traffic and safe access to the subject property. Should the study conclude that street upgrades are necessary, the applicant shall be responsible for any necessary road upgrades.

    • F Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.

    • G. Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, CO2 systems, ventilation fans and waste disposal.

    • H. Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, CO2 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a 10db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns

    • I. Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.

    • J. Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.

4.E. Special provisions: Unified development review.

• • 1. Unified development review authorizes the planning board, rather than the zoning board of review, to approve variances and special use permits that are requested concurrently with an application for approval of a development plan or land development project. The purpose is to provide a more efficient and less costly method of obtaining approval of development that requires zoning relief.

  • 2. An applicant for development plan approval or land development project approval may request unified development review by submitting an application form for zoning relief with the application for development approval. The procedure for review and approval under unified development is contained in the land development and subdivision regulations.

  • 3. When considering an application for zoning relief, the planning board is bound by the same legal requirements and the same criteria for relief that would apply to the zoning board of review's consideration of applications. The planning board shall conduct a public hearing, shall take testimony under oath, and shall make findings of fact and conclusions of law. The planning board's decision on the zoning relief shall be conditional on its approval of the development project.

  • 4. An appeal from a decision by the planning board on a variance or special use permit may be taken pursuant to R.I. Gen. Laws § 45-23-71.

(Ord. of 5-25-00, § II; Ord. of 1-6-03(2), §§ 1—3, 5, 6; Amd. of 1-6-03(3); Amd. of 1-6-03(4); Amd. of 10-5-04; Amd. of 3-6-06, § 3; Ord. of 9-5-06; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 3-9-23, § 1; Ord. of 12-4-2023(1))

5.A. Adoption; power of council to adopt; consistency with comprehensive plan.

For the purpose of promoting public health, safety, morals and general welfare, the town council shall have the power to adopt, amend or repeal, and to provide for the administration, interpretation and enforcement of the the zoning ordinance. Amendments shall be consistent with the comprehensive plan.

• 5.B. Adoption; application procedure.

  • A. An application to amend the zoning ordinance shall be submitted to the planning board.

  • B. If the application proposes an amendment to the zoning map, the applicant shall submit seven copies of a plan prepared by a professional engineer registered in Rhode Island. The plan shall show the area to be rezoned, shall be prepared to a scale sufficient to clearly show all of the information required, and shall include the following information:

    • 1. Name and address of the proposed development.

    • 2. Name and address of property owner and applicant.

    • 3. Name, address and telephone number of person or firm preparing application plan.

    • 4. Date of plan preparation, with revision date(s) (if any).

    • 5. Graphic scale and true north arrow.

    • 6. Plat and lot number(s) of the land being subdivided.

    • 7. Zoning district(s) of the subject property and the zoning requested. If more than one district, zoning boundary lines must be shown.

    • 8. Perimeter boundary line of the development, drawn so as to distinguish them from other property lines.

    • 9. Area of the development parcel and proposed number of buildable lots, dwellings structures or other proposed improvements.

    • 10. Location and dimension of existing property lines within or abutting the development parcel, easements and rights-of-way.

    • 11. Location, width and names of existing streets within and immediately abutting the development parcel.

    • 12. Names of abutting property owners and property owners immediately across any adjacent streets.

    • 13. Location of wooded areas and notation of existing ground cover.

    • 14. A map showing the existing and proposed boundaries, zoning districts/boundaries and existing streets and roads, their names and town boundaries where appropriate. This map will be advertised in a newspaper, it should be clear and reproducible.

    • 15. Location of wetlands, watercourses or coastal features present on and/or within 200 feet of the property being rezoned.

    • 16. Areas of agricultural use.

    • 17. Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the development.

    • 18. Proposed locations of wells and ISDS systems.

    • 19. Site suitability for collecting and discharging stormwater.

    • 20. Location of historic cemeteries on or immediately adjacent to the development (if any).

    • 21. Location of any unique natural and/or historic features, including stone walls.

    • 22. Notation on plan if the development parcel(s) are located within any of the following areas:

Natural heritage area (RIDEM); letter from DEM required for verification.

Groundwater protection overly district (town).

• • • 23. Base flood elevation data.

    • 24. Identify wellhead protection area(s) within 500 feet of the development site.

    • 25. A summary and description of the proposed amendment or repeal including intended use(s) of the property.

    • 26. Any other information that the planning board deems necessary to evaluate the unique conditions of the proposed use or site.

  • C. The following supplemental information shall be submitted with the plan:

    • 1. An aerial photograph of the proposed development parcel and surrounding area.

    • 2. A copy of the soils map of the development parcel and surrounding area. Use soil groupings from the comprehensive plan, and a general analysis of soil types and suitability for the development proposed. If any prime agricultural soils are within the development parcel(s), soils map shall be marked to show their location.

    • 3. An estimate of the approximate population of the proposed development.

    • 4. An estimate of the number of school-aged children to be housed in the proposed development.

    • 5. Proposed impact to town services including, but not limited to, roads, fire, police, and schools.

    • 6. Proposed phasing, if any.

    • 7. A vicinity (locus) map, drawn to scale of one-inch equals 400 feet, or as necessary to show the area within one-half mile of the development parcel showing the locations of all streets, existing lot lines, and zoning district boundaries. Significant public facilities shall be identified.

    • 8. An area context map to show the proposed developed site and the 500 feet immediately surrounding the site. The map shall contain information on all significant topographic, natural and build features.

    • 9. An estimate of existing and potential traffic volumes related to the proposal.

    • 10. Water supply.

  • D. The applicant shall submit the application fee with the application and supporting documents.

  • E. The administrative officer shall have 15 days from receipt of an application and the applicable application fee to determine if the application is complete. The administrative officer shall issue a certificate of completion or a certificate of incompletion with the incomplete items specified. The administrative officer may waiver of any application requirement that are not applicable to the proposal; provided, however, that the planning board shall have the authority to require an applicant to submit any additional information it determines to be necessary to assess the potential impact of the proposed zone change or to determine consistency with the comprehensive plan.

• 5.C. Adoption: Planning board recommendation

  • A. When the application is complete, the planning board shall have 45 days to submit its findings and recommendations to the town council.

  • B. The planning board shall review the application to determine its potential impact on the public health, safety and welfare and its consistency with the comprehensive plan. For zoning ordinance amendment applications submitted by property owners and for zoning ordinance amendments proposed by the planning board, the planning board shall prepare a written recommendation to the town council. The recommendation to the town council shall include:

    • (i) A determination of whether the amendment is consistent with the comprehensive plan, including but not limited to consistency with the goals and policies, the implementation program, and the future land use map;

    • (ii) A statement of how the proposed amendment addresses each of the purposes of zoning in R.I. Gen. Laws § 45-24-30 that are applicable to the proposal; and

    • (iii) A determination of the amendment's potential effects, if any, on the health, safety, and welfare of the town.

  • C. If the planning board determines that the proposal is inconsistent with the comprehensive plan, the planning board may advise the town council that an amendment to the comprehensive plan is necessary before the town council can approve the proposal.

• 5.D. Adoption: Town council public hearing.

  • A. The zoning ordinance shall not be amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of the public hearing by publication of notice in a newspaper that circulates in Exeter at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. The newspaper notice shall:

  • B. Before acting on the proposed amendment, the town council shall conduct a public hearing at which all interested person shall have an opportunity to be heard.

  • C. The town council shall give notice of the public hearing by publishing the notice in a newspaper that circulates in Exeter at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. The notice shall:

    • 1. Specify the date, time, and place of the hearing;

    • 2. Indicate the adoption, amendment or repeal of the zoning ordinance is under consideration;

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

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

    • 5. State that the proposals shown thereon proposed amendments 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. Any alteration or amendment must be presented for comment in the course of during the hearing.

  • D. At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the Town's website.

  • E. Where a proposed amendment includes general changes in an existing zoning map, public notice shall be given as required by subsections A and B of this section. In addition, if the proposed text amendment would cause one or more lots to become nonconforming in area or frontage, written notice shall be mailed at least 14 days before the public hearing by first class mail to the owner of each lot that would become nonconforming. If article III of this zoning ordinance contains a section automatically merging nonconforming lots in the same ownership, the notice shall contain a copy of the merger section and shall state that adoption of the proposed amendment may cause a legal nonconforming lot to merge with an adjacent nonconforming lot if both lots are owned by the same person or persons.

  • F. Where a proposed amendment includes a specific change in the zoning map, but does not affect districts generally, public notice shall be given as required by subsections B, and C of this section, with the additional requirements that the notice shall include a map showing the existing and proposed lot boundaries, existing and proposed zoning district boundaries, existing streets and roads and their names, and town boundaries. Written notice shall be sent by first class mail at least 14 days before the date of the public hearing to:

    • 1. The owners of real property within 200 feet of the property that is the subject of the amendment, whether located in Exeter or an adjacent town. The last known names and addresses of the property owners shall be obtained from current real estate tax assessment records.

    • 2. The town council of any town adjacent to Exeter if the subject property is located within 200 feet of the boundary of that town.

    • 3. The town council of any other town where a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within 2,000 feet of the subject property.

    • 4. The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Exeter building official a map survey showing those areas of surface water resources or watersheds and parcels of land.

    • 5. An individual or entity holding a conservation or preservation restriction on the property.

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

  • H. Costs of any notice required under this section shall be borne by the applicant. If the applicant mails notices required by this section, he or she shall submit to the town clerk an affidavit attesting to the mailing, a copy of the notice mailed, and the names and addresses of the property owners to whom it was mailed.

• 5.E. Adoption: limitations and conditions.

  • A. In granting a zoning ordinance amendment the town council may limit the change to one of the uses permitted in the zone to which the subject land is rezoned, and impose limitations, conditions and restrictions including, without limitation:

    • 1. Requiring the petitioner to obtain a permit or approval from any state or local governmental agencies or instrumentalities having jurisdiction over the land and use that are the subject of the zoning change.

    • 2. Those relating to the effectiveness or continued effectiveness of the zoning change.

    • 3. Those relating to the use of the land.

  • B. The zoning inspector 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.

  • C. 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.

• 5.F. Public notice registry.

  • A. The town shall establish and maintain a public notice registry that enables anyone to register to receive electronic notice of any proposed or enacted amendments to the zoning ordinance.

  • B. At least once a year, the town shall publish a notice of the availability of the public notice registry in a newspaper that circulates in Exeter.

  • C. The town shall post notice of the availability of the public notice registry on the town website and provide a link that members of the public can use to register to receive notice.

  • D. Notice provided through this registry does not qualify the recipient as an aggrieved party as that term is defined in article 2, section 1.2 of this ordinance.

(Ord. of 11-2-98(1); Ord. of 12-4-2023 (1))

6.A. Administration: Administration and enforcement of zoning ordinance. The official responsible for administration and enforcement shall be the zoning inspector. The zoning inspector is elected by the voters at each general election for a two-year term. The responsibilities of the zoning inspector shall include:

• • 1. The issuing of any required permits or certificates;

  • 2. Collection of required fees;

  • 3. Keeping of records showing the compliance of uses of land;

  • 4. Authorizing commencement of uses or development under the provisions of the zoning ordinance;

  • 5. Inspection of suspected violations;

  • 6. Issuance of violation notices with required correction action;

  • 7. Issuing permits for modifications; and

  • 8. Performing such other duties and taking such actions as may be assigned or designated elsewhere in this ordinance.

No building or structure shall hereafter be erected, enlarged or relocated, and no nonstructural use shall be initiated, until a zoning certificate has been issued by the zoning inspector indicating that the proposed use and the structure conforms to the provisions of this ordinance. The zoning inspector may require that information necessary to ensure compliance with the provisions of this ordinance be filed with the application for such permit.

No zoning certificate may be issued by the zoning inspector for any use not specifically permitted in this ordinance, except where the inspector receives a statement in writing from the zoning board of review indicating the granting of a special exception or variance or a written statement from the town council specifically referencing an amendment to the ordinance, except as specifically provided in section 6.A.6. below.

The zoning inspector shall retain a copy of each zoning certificate issued and one copy each shall be forwarded to the town clerk, the building inspector and the tax assessor. If the inspector denies a zoning certificate, within 15 days, a written statement shall be given to the applicant and the president of the town council, indicating the reason(s) for such refusal.

In order to provide guidance or clarification, the zoning inspector shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the zoning board of review for the determination.

Upon written request, the zoning inspector shall determine whether a use not listed in the use code table in article II of this ordinance is so similar in type, character, and intensity to a special use that is listed in the use code table that it should be treated as a special use.

6.B. Administration: Maintenance of zoning ordinance. The town clerk shall be the custodian of the zoning ordinance and zoning map.

• • A. The zoning inspector shall be responsible for the maintenance and update of the zoning ordinance text and map. Changes to the zoning map shall be depicted on the map within 90 days of the amendment.

  • B. When amendments to the comprehensive plan are adopted, and at least once every three years, the planning board shall review the zoning ordinance, identify necessary amendments, and forward those amendments to the town council.

Charter reference— Planning board, § 701.

6.C. Administration: Exeter zoning board of review; establishment and procedures.

• • A. Appointment. The town council shall appoint a zoning board of review consisting of five full members and two alternate members who are designated as the first alternate and the second alternate. Full members and alternates shall be appointed to staggered five-year terms. All terms shall expire on June 30. Members shall serve until their successors are appointed. If a vacancy in any seat occurs, the town council shall appoint a qualified person to serve the remainder of the term. If a member is absent from meetings for 90 consecutive days without cause, the town council shall have the authority to declare the seat vacant.

  • B. Qualifications. Zoning board members shall be residents of Exeter and owners of real property in Exeter. No member shall be a town employee or an elected official; provided, however, that members of the charter commission shall not be considered elected officials for the purpose of this section.

  • C. Organization. At the first meeting of each calendar year, the board shall elect a chairperson and a vice chairperson from among its members. The chairperson, and in his or her absence, the vice chairperson, shall preside at meetings and shall have the authority to administer oaths and issue subpoenas to compel the attendance of witnesses.

Charter reference— Zoning board of review, § 903.

6.D. Administration: Powers and duties of the zoning board of review.

• • 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 an error in any order, requirement, decision or determination made by the zoning inspector in the enforcement or interpretation of the zoning ordinance;

    • 2. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to Art. I, Sec. 1.3.B.

    • 3. To authorize, in specific cases, special use permits, pursuant to Art. I, Sec. 1.3.C.

    • 4. To refer matters to the planning board or to other boards or agencies of the town as the zoning board of review may deem appropriate, for findings and recommendations;

    • 5. To grant conditional approval to an application when one or more state or federal permits or approvals necessary for the project is pending. A conditional approval shall expire one year after the date it was approved unless the required state or federal permit or approval has been issued.

  • B. The zoning board of review shall vote as follows:

    • 1. Four members must be present to conduct a hearing. A member ineligible to vote due to a conflict of interest shall recuse himself or herself, shall not take part in the hearing, and shall not vote. No more than five members shall be entitled to vote on any application. In order to vote, a member must have been present during the entire public hearing.

    • 2. The affirmative vote of three of the voting members is necessary to reverse any order, requirement, decision or determination of the zoning inspector or to grant a variance or special use permit.

6.E. Administration: Application procedure.

• • A. An application for a variance, a special use permit, or an appeal may be made by submitting a completed application form and the required supporting documents to the clerk of the zoning board of review. The approved application form may be obtained on the town's website or from the clerk of the zoning board of review.

  • B. The fees for filing an application to the zoning board of review cover the actual costs for review, mailing, advertisement, professional services, and recording of the board decision. The amounts of the fees are listed in the application materials or may be obtained from the clerk of the zoning board of review.

6.F. Administration: Violations.

• • A. If the zoning inspector determines that a violation of the zoning ordinance exists, he or she may issue a written zoning violation notice to the owner of the property or refer the matter to the town solicitor for legal action. A violation notice shall specifically describe the violation and the action necessary to correct it, and shall state the time period within which the violation must be corrected.

  • B. The town solicitor shall have the authority to bring suit in any court of competent jurisdiction in the name of the town:

    • 1. To restrain a violation of the zoning ordinance, including the erection, alteration, or use of any structure in violation of the zoning ordinance;

    • 2, To compel compliance with the zoning ordinance, order the removal of any structure or abatement of any violation, or authorize the zoning inspector to cause the removal or abatement at the expense of the owner;

    • 3. To compel compliance with a decision of the zoning board of review; or

    • 4. To impose a fine or other penalty for violation of the zoning ordinance. Any fine imposed shall inure to the town.

  • C. The penalty for any violation of the zoning ordinance or for a violation of the terms or conditions of any decision by the zoning board of review or the zoning inspector shall not exceed $500.00 for each violation. Each day of the existence of any violation shall be a separate offense.

6.G. Administration: Decisions and records of the zoning board of review.

• • A. The zoning board of review shall render a decision on each application or appeal within 15 days of the day the public hearing is closed. The written decision shall be posted immediately in the town clerk's office in a location visible to the public. The date of posting shall be noted on the document. A decision granting a variance or special use permit shall be recorded in the land evidence records.

  • B. The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.

  • C. Within one day of the date the decision was posted, the zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address. The decision shall be sent by any method that provides confirmation of receipt. The clerk also shall provide a copy of the written decision to the zoning inspector.

  • D. The zoning board of review shall keep written 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, findings of fact and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. The zoning board of review shall have the minutes of each public hearing taken by a competent stenographer.

(Amd. of 6-7-04, § 1; Ord. of 12-4-2023(1))

7.A. Appeal from a decision of the zoning inspector or administrative officer.

• • 1. An aggrieved party may appeal a decision by any official charged with enforcement or application of the zoning ordinance, including the administrative officer or the zoning inspector, to the zoning board of review.

  • 2. The appeal shall be taken within 15 days of the date of the decision or determination, or within 15 days of the date the appellant knew or should have known of the decision or determination. The appeal shall specify the grounds for the appeal and shall include a copy of the decision or determination appealed from.

  • 3. The appeal shall be filed with the clerk of the zoning board. The official shall immediately deliver to the clerk of the zoning board all of the documents constituting the record of the decision or determination appealed from. An appeal shall stay all proceedings in furtherance of the decision or determination appealed from unless the official certifies to the zoning board of review that a stay would cause imminent peril to life or property. In that case, the proceedings shall be stayed only by a restraining order issued by a court of competent jurisdiction.

  • 4. The zoning board of review shall conduct a public hearing on the appeal within 65 days of the date the appeal was filed, and shall give notice of the public hearing in the manner required by section 1.3.E of this ordinance.

  • 5. In exercising its powers the zoning board of review may reverse or affirm wholly or part and may modify the order, requirement, decision or determination appealed from and may make such orders, requirements, decisions or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken.

7.G. Appeal of a decision by the zoning board of review.

• • 1. A party aggrieved by a decision of the zoning board of review may file an appeal pursuant to R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1 in the Washington County Superior Court with 20 days of the date the written decision was posted in the town clerk's office.

  • 2. The clerk of 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, the original applicant or appellant and the members of the zoning board shall be made parties to the proceedings.

  • 3. An aggrieved party who files an appeal in the Superior Court shall give notice of the appeal to those persons who were entitled to notice of the hearing before the zoning board of review. The notice shall be sent by first class mail within ten business days of the date the appeal was filed. The notice shall contain the date of the notice; the caption and civil action number of the case; the county in which the case was filed; the date the case was filed; the name, address, and telephone number of the attorney filing the appeal or of the aggrieved party. The notice shall state in boldface type that an appeal has been filed in the superior court, that the aggrieved party willl serve the complain on the named defendants; that persons receiving the notice may retain counsel and participate in the appeal so far as the law allows; and that the appeal is governed by R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1. Within 20 days after the notices are sent, the aggrieved party shall file an affidavit in the court containing the names and addresses of the person to whom the notice was sent; the date the notice was sent; an affirmation that the notices were sent by first class mail, postage prepaid, in envelopes containing a return address; and the return address; and a list of the notices that were returned to the sender. A copy of the notice shall be attached to the affidavit.

7.H. Appeal of enactment of or amendment of the zoning ordinance.

• • 1. An appeal of an enactment of or an amendment to a zoning ordinance may be taken pursuant to R.I. Gen. Laws § 45-24-71 by filing a complaint in the Washington County Superior Court within 30 days after the enactment or amendment has become effective.

  • 2. The appeal may be filed by an aggrieved party, by a legal resident of Exeter, by an owner of real property in Exeter, or by an association of residents or property owners in Exeter.

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

  • 4. The appeal shall not stay the enforcement of the zoning ordinance, 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.

(Ord. of 12-4-2023(1))

Editor's note— An ordinance adopted Dec. 4, 2023, repealed § 1.8, which pertained to severability.

The districts, their abbreviations and common names as used herein shall be designated as follows:

2.1.1. Residential district, RE-2. The purpose of the RE-2 zone is to provide adequate land suitable for residential development. More importantly, the density permitted in this district would maintain an adequate water supply and suitable soil for individual septic disposal systems.

2.1.2. Rural district, RU-3. The purpose of the RE-3 zone is to provide adequate land suitable for low density residential rural development blended with forestry, farming and recreational activities.

2.1.3. Rural district, RU-4. The purpose of the RU-4 zone is to protect land now used for forestry, farming and related activities and the natural habitat and wildlife and to preserve the area's rural character. This zone provides land suitable for low density residential development and reserves land for future farming, forestry, conservation practices and recreational uses.

2.1.4 Conservation/recreation, CR-5. The CR-5 zone is established as a separate district to preserve and protect an area abundant with natural resources, landscapes and sensitive soils having severe limitations, and to provide for a natural mixture of residential and recreational uses.

2.1.5. Business district, B. The purpose of the B zone is to provide areas for business that serve the day-to-day needs of the residential population of the community. Also, its purpose is to provide areas for commercial activities to serve the needs of the entire community and the contiguous regions. Any use not specifically listed as a permitted use is prohibited. Each business must contain, within its own lot, the wellhead protection for the well supplying all its water.

2.1.6. Light business/residential district, LB/R. The purpose of the LB/R zone is to allow the development of low-density commercial uses including residences, home occupations and light business uses, and to provide a buffer to the existing general business uses that exist. All uses are subject to land development plan approval.

2.1.7. Light industrial district, LI. The purpose of the LI zone is to provide areas for the future development of light industrial and allied uses and to provide for existing uses of this nature. Areas so designated are considered to be geographically and topographically suitable for the future economic growth of the community. All uses shall strictly comply with the established maximum building capacity of 250 persons. Each industry must contain, within its own lot, the wellhead protection for the well supplying all its water. All uses in this district require approval as a major land development.

2.1.8. Open space and public land, OSPL. The purpose of the OSPL zone is to identify state lands and other lands held for recreation, conservation and public access purposes and to afford future protection against the conversion of these lands to another use inconsistent with that now in existence. Other lands that are purchased or controlled in the town in the future may be added to this category.

2.1.9. Groundwater protection overlay district, GWOL. The purpose of the GWOL zone is to preserve, protect and maintain the quality and quantity of groundwater supply and groundwater recharge areas of the Town of Exeter. This groundwater is the primary existing and future water supply source for the town. The groundwater reservoirs that underlie Exeter are unique and valuable resources that are vulnerable to contamination due to their unconfined condition, closeness to the ground surface, and the permeability of the overlying soils. It is the intent of this overlay district to protect the health, safety and welfare of the public.

2.1.10 Planned districts. The purpose of this [planned districts] zone is to provide control for the future business and industry, and special sites including the Ladd Center and Dorset Mill. Included in this [planned districts] zone are village center districts, planned business and light industrial development districts. An additional purpose of this [planned districts] zone is to foster development given the unique nature of these zones as sites for future mixed use development and sensitive environmental constraints. Any proposed use in this zone shall require a special use permit and approval as a major land development.

2.1.11 Planned village overlay district. The purpose of the PVOD district is to implement the vision for Exeter by allowing for planned village development (PVD) in designated areas. Development in this district shall be designed and built in a manner that is compact, pedestrian friendly, and consistent with the rural setting of Exeter. Development within these districts may include a mix of uses conducive to a vibrant traditional New England village setting and architectural techniques shall reflect the historic patterns that help to define Exeter's community character. These districts shall allow for densities in commercial and residential development that are allowed in no other district and shall therefore require the transfer of development rights to leverage an increased density. The town may also allow increased density as part of its own municipal subsidy toward the provision of deed restricted affordable housing.

(Ord. of 9-27-12, Exh. 1; Ord. of 12-4-2023(1))

The boundaries of said zoning districts, including all overlay districts, are hereby established as shown on those zoning map(s) filed in the office of the town clerk, titled "Zoning Map for the Town of Exeter," dated December 12, 1995, and "Groundwater Protection Overlay District Map," dated December 12, 1995. Said maps are hereby adopted and made part of this ordinance.

2.2.1. [Copies of zoning ordinance available.] In addition, current copies of the zoning ordinance shall be available at all times for review in the office of the town clerk and for distribution at the cost of printing the ordinance. Amendments to said map(s) shall be clearly shown with reference to the corresponding town council record documentation, as amended.

2.2.2. Boundaries that split lots. Whenever a district boundary splits a lot into two or more separate zoning districts, the proposed use shall be permitted only if it is allowed in the district in question. The dimensional requirements for such permitted use shall be determined by the district in which it is located. Where a proposed use is permitted in two or more districts on the same lot, the dimensional requirements, other than density, shall be determined by the district's dimensional regulations which represent 50 percent or more of the lot or contains the most lot area. For density requirements, all portions of the lot shall be calculated proportionately.

2.2.3. Interpretation of boundaries. Where necessary, due to the scale, lack of detail or illegibility of the zoning map(s) of the Town of Exeter, it shall be determined that the boundary lines of districts are lot lines and centerlines of streets or the centerlines of watercourses. Questions concerning the text of this ordinance and the exact location of district boundary lines, as shown on the zoning plats, shall be decided by the zoning inspector. Any person aggrieved by such interpretation of the zoning inspector may appeal such interpretation to the zoning board of review.

2.2.4. Determination of boundaries. The boundaries between districts as shown on the zoning map(s) shall be determined according to the following criteria unless otherwise indicated:

• • A. Where a boundary is shown as following a street or other right-of-way, the boundary shall be the centerline of said street or other right-of-way, unless indicated otherwise.

  • B. Where a boundary is shown outside of a street or other 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(s) shall be the distance of feet between them as measured at a right angle from such line, unless indicated otherwise.

  • C. 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 mean high-water mark, unless indicated otherwise.

  • D. Where the boundary line of a district follows an individual property line, it shall be deemed along that property line as it legally existed at the time of adopting such district division line. Any subsequent revision, alteration, replatting or relocating of a property line shall not affect the location of a zoning district divisional line.

  • E. Where the location of the district boundary line is otherwise uncertain, the zoning inspector 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(s).

  • F. Where a lot is divided by a zone boundary line, the site of the building with the zone will determine the use. If the structure is divided by a zone boundary line, the most restrictive zone will apply.

2.3.1. The abbreviated terms used in the following table of uses, table 2.4, shall have the following meanings:

• • A. Y (Yes). The use is permitted by right within the district so designated.

  • B. N (No). The use is not permitted and is specifically prohibited within the district so designated, except as provided in Art. I, Sec. 6.A.6.

  • C. S (special permit required). The use is allowed by special use permit only if approved by the zoning board of review or by the planning board under unified development review.

  • D. Zoning districts are as defined above.

2.3.2. Any use not listed is specifically prohibited.

2.3.3. Any use requiring a special use permit shall be subject to development plan review requirements.

TABLE 2.4. ZONING USE TABLE

 

 

NOTES:

• • 1. Any industrial structure or activity or outdoor storage shall be set at least 200 feet from the RE-2, RU-3, RU-4 and CR-5 district boundaries, and at least 100 feet from any B or LB/R district boundaries. A setback for structures and parking lots of 200 feet from all roads and suitable landscape screening shall be provided.

  • 2. No certificate of occupancy for any use shall be issued until the administrative officer has certified in writing that the use has received all required approvals.

  • 3. Each business or industry must contain within its own lot the wellhead protection for the well supplying all its water.

  • 4. For all setback requirements; setbacks shall be measured from the lot line to any part of the building that projects beyond the foundation.

  • 5. On corner lots, the rear setback shall conform to the side setback requirements that there shall be no rear yard; only a front and two side yards.

  • 6. For the purposes of calculating minimum lot dimensions, area, density, maximum percent coverage, and the maximum number of lots or dwelling units permitted in a conservation development in any zoning district where permitted, the provisions of the land development and subdivision regulations shall apply.

  • 7. The maximum gross building footprint per retail structure shall be 40,000 square feet in all zones except the LI zone which does not have a maximum. This maximum footprint shall not apply to agricultural structures.

  • 8. To be determined as part of the PVD review process by the planning board in conformance with all other provisions of PVD. Maintenance of the approved percentage of lot coverage shall be a condition of planning board approval. If an application for further development would increase the percentage of lot coverage, the application must be approved as a major land development project.

  • 9. To be determined as part of the PVD review process by the planning board in conformance with all other provisions of PVD including but not limited to those standards within the land development and subdivision regulations specifically requiring site design techniques that facilitate a safe, pedestrian friendly, compact village development. Maintenance of the approved setbacks shall be a condition of planning board approval. If an application for further development would decrease any setback, the application must be approved as a major land development project.

  • 10. Tier III CEA Facility Greenhouse defined in Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.2. entitled "Definitions" is allowed only if the application meets the eligibility requirements and satisfies all the standards and prohibitions contained within the Code of Ordinances of the Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.4.1 "Special Provisions;" entitled "Greenhouse Tier II and Greenhouse Tier III/CEA Facilities."

  • 11. Tier II Greenhouse as defined in Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.2. entitled "Definitions" is subject to the review procedure and prohibitions contained within the Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.4.1 "Special provisions;" entitled "Greenhouse Tier II and Greenhouse Tier III/CEA Facilities."

  • 12. Tier III CEA Facility Greenhouse requires a minimum front depth (setback) of 150 feet for all structures, off street loading and parking lots.

  • 13. Tier II Greenhouse and Tier III CEA Facility Greenhouses shall not exceed a maximum structure height of 35 feet.

  • 14. Tier I and Tier II Greenhouses may have a 25 percent maximum lot coverage (building coverage) by all structures.

  • 15. Shall comply with Exeter Zoning Ordinance Appendix A, Section 1.2 entitled "Definitions," 36A "farm café" and shall be considered a minor land development project requiring review and approval by the planning board in a public meeting in conformance with the Exeter code of ordinances Appendix B, Section 7.3. — "Performance and Development Standards." The planning board may set conditions to ensure operations fit with the environment and do no harm to local roadways and or neighborhoods. A farm café must submit an annual report to the town council planning board and town planner, as part of its required annual application under section 18-160 of the Exeter Code of Ordinances. The report must include receipts for food ingredients purchases showing which ingredients were purchased locally vs nonlocal, along with verification of locally sourced items from Exeter, RI, and regional suppliers. It shall detail the quantities, menu descriptions, and partnerships with local producers. Failure to satisfy all specified requirements will result in the use classification as "not allowed" (N).

  • 16. Shall be considered a minor land development project requiring review and approval by the planning board in a public meeting in conformance with the Exeter Code of Ordinances Appendix B, Section 7.3. — "Performance and Development Standards."

2.4.3. Flexible lot frontage and width. Upon approval of the planning board as part of a conservation development as provided in the land development and subdivision regulations, the lot frontage and lot width variations listed below may be permitted by the planning board, through a request for a waiver.

• • A. In residential CR-5, RU-4, RU-3 and RE-2 zoning districts, the planning board is authorized to reduce the lot frontage and lot width of newly created lots in a subdivision or land development project on any public or approved private street to a minimum of 20 feet.

  • B. Open space lots, within an approved conservation development, may have zero-frontage on a street, as long as the planning board approves access to the open space by easement or other means.

(Amd. of 6-22-00; Amd. of 3-3-03, § 8; Amd. of 4-8-03; Amd. of 11-3-03; Amd. of 10-5-04; Amd. of 11-1-04; Amd. of 3-3-05; Amd. of 3-6-06; § 2; Ord. of 8-7-06, § 2; Amd. of 5-7-07; Amd. of 6-4-07; Amd. of 4-7-08; Amd. of 4-6-09; Ord. of 9-27-12, Exh. 1; Amd. of 10-6-14, § 2; Ord. of 12-7-15; Amend. of 10-2-17; Ord. of 7-16-18, § 2; Amd. of 9-4-18; Amd. of 2-4-19, § 2; Ord. of 3-9-23, § 1; Ord. of 12-4-23(1); Ord. of 1-6-25(1); Ord. of 5-5-2025(1))

Editor's note— An ordinance adopted Dec. 4, 2023, repealed § 2.5, which pertained to development plan review and derived from Ord. of 11-2-98(2); Amd. of 1-6-03(3); Amd. of 10-5-04.

• 1. Zoning affects every structure and use. No structure shall be constructed, erected, placed, moved or maintained, nor shall the exterior be altered, and no land use shall be commenced or continued within the town unless in conformity with the regulations herein specified for the district in which it is located, except as provided for in article III of this ordinance.

• 2. Reduction of lot and areas prohibited. No lot, yard, required open space or off-street parking area shall be so reduced, diminished or maintained that the yards, other open space, total lot area, or off-street parking area shall be smaller than prescribed by this ordinance.

• 3. Required yards cannot be used by another use or building. No part of a yard, parking space or other open space required for any building or use for the purpose of complying with the provisions of this ordinance shall be included as part of a yard, parking space or other open space required under this ordinance for another use or building, except as provided in article V (parking).

• 4. Only one dwelling structure on any lot. No more than one principal residential structure shall be located on one lot except in a development approved by the planning board.

• 5. More than one nonresidential use or building on a lot. More than one nonresidential structure may be allowed on a single lot within appropriately zoned nonresidential districts if devoted to the same actual use. Upon application to the zoning board of review, a special use permit may be granted in accordance with article I, section 1.3.C. (special use permits) of this ordinance, where more than one actual use on a lot may be requested; provided, however that such uses shall be only those that are permitted within the district in question. In both instances, principal front and rear walls of a building shall be at least 40 feet from any wall or another building. Any side wall of a building may not be less than 25 feet from any side wall of another building.

• 6. Public street access. No structure shall be erected on or moved onto a lot which does not have frontage on a public or private street equal to or greater than the required minimum frontage in table 2.4, or elsewhere as required in this ordinance.

• 7. Visibility at corners. At any corner lot and at street intersections in all districts, no wall, fence, structure, sign or building shall be erected or placed, and no hedge, tree, shrub or other vegetation shall be maintained between the heights of three feet, and ten feet, above street level within the triangle formed by the two street lines and a third line joining points on the street lines 20 feet from the intersection of the street lines.

• 8. Temporary uses permitted. A temporary building for construction materials and/or equipment for a permitted use on a construction site, a temporary office for the sale or rental of real property, if in connection with and incidental and necessary to real estate development, and a temporary trailer or mobile home used for residential occupancy necessitated by any loss or damage of a principal structure by fire, hurricane or other natural disaster, shall be permitted in any district, subject to approval of both the building inspector and zoning inspector. Any such temporary use shall be permitted for not more six months unless such time period is extended by the building inspector and zoning inspector.

Temporary storage containers may be permitted as an accessory use in LB/R, B, LI and OS/PL zones, provided that there shall be suitable screening.

All other temporary and/or mobile facilities for residential, commercial or industrial use are prohibited in all districts; provided, however, that this prohibition shall not apply to temporary and/or mobile facilities which are owned and/or operated by federal, state or municipal agencies.

• 9. Use regulations. No building, structure or land shall be used except for those purposes noted in the table 2.4. Any use not listed shall be construed to be prohibited, except as provided in article I, section 6.A.6 of this ordinance.

• 10. Setback from water bodies. Sewage disposal facilities which are designed to leach wastes into the soil shall be located in accordance with Rhode Island Department of Environmental Management (RIDEM) regulations.

• 11. Fresh water wetlands. No fresh water wetland, as defined by RIDEM regulations, shall be excavated, drained or filled, nor shall any extraneous materials be placed in these wetlands or water flow diverted out of or any other change be made to the natural condition of any fresh water wetland without prior approval of the RIDEM.

(Ord. of 12-4-2023(1))

Nonconformance occurs when a building, structure, sign, lot, or use was legal when created or established but is not in conformance with the current zoning ordinance.

• • 1. Lawfully existing or established. A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was lawfully in existence prior to December 12, 1995 and was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purpose of this ordinance, a lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to December 12, 1995, or was separately owned.

  • 2. Prior illegal establishment. Any use or structure illegally established prior to the effective date of this ordinance or any amendment thereto shall not be granted nonconformance status, nor shall it become legally established subsequent to the effective date of this ordinance or any amendment thereto. Proof of use or structure shall be the burden of the owner of such property.

  • 3. Nonconforming by use. A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in article II, is nonconforming by use.

  • 4. Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this ordinance is nonconforming by dimension. Dimensional regulations include all regulations of this ordinance, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land or use thereof, not in compliance with the parking regulations of this ordinance, as set forth in article V (parking and loading), also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance including, but not limited to, those regulations for minimum lot size, lot width and lot frontage, (also known as a substandard lot of record) is also nonconforming by dimension.

  • 5. Nonconforming by dwelling unit. A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

  • 6. Most restrictive regulations to apply. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this section. Where the regulations conflict, the most restrictive regulations shall apply.

  • 7. Existence by variance or special use permit. A nonconforming building, structure, sign or parcel of land, or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the board, shall not be considered a nonconformance for the purposes of this section, and shall not acquire the rights of this section. Rather, such building, structure, sign, parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this ordinance, shall require a further variance or special use permit from the board.

(Amd. of 3-3-03, § 6; Ord. of 12-4-2023(1))

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this ordinance for themselves, or for any other properties.

• • 1. Treatment in residential zones (RE-2, RU-3, RU-4, CR-5.) Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zoning, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

  • 2. Continuance of use. Nothing in this ordinance shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.

  • 3. Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.

  • 4. Moving. A building or structure containing a nonconforming use shall not be moved, in whole or in part, either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

  • 5. Addition and enlargement. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located except by special use permit.

  • 6. Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused except by special use permit.

  • 7. Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner unless a special use permit is granted for the intensification. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure in compliance with subsections 3.2.5 and 3.2.6.

  • 8. Change of use:

    • A. Residential zones (RE-2, RU-3, RU-4 and CR-5). Within any residential zone, a nonconforming use shall only be changed to a permitted use or to the same actual use. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

    • B. Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, or to the same use code listed under article II. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

  • 9. Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use, unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence or intent not to abandon the use.

Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this ordinance. Building or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this ordinance for themselves or for any other property.

• • 1. Continuance. Nothing in this ordinance shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.

  • 2. Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

  • 3. Moving. A building or structure which is nonconforming by dimension shall not be moved, in whole or in part, to any other location on the lot in which it is located, unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

  • 4. Addition and enlargement. A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all the dimensional regulations of the zone in which the building or structure is located.

  • 5. Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

  • 6. Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.

  • 7. Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

  • 8. Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use. If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

(Ord. of 12-4-2023 (1))

• 1. Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.

• 2. Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

• 1. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.

• 2. Merger of abutting nonconforming lots. If two or more abutting nonconforming lots are held in the same ownership at any time after May 2, 1977, such lots shall be combined for the purposes of this ordinance in order to conform or more nearly conform to any of the dimensional requirements of this ordinance for the district in which the lots are located, and such lots shall not be sold separately, provided, however that a lot that is nonconforming by area shall not merge with an adjacent lot if the nonconforming lot has an area at least as large as half of the lots within two hundred feet of the nonconforming lot.

• 3. Subdivision of merged lots.

  • A. A lot that has been created by the merger of two or more nonconforming lots may be subdivided, or combined with other lots and subdivided, provided that the planning board or the administrative officer approves the subdivision.

  • B. Lots in the RE-2 zoning district and lots in the groundwater protection overlay district shall not be reduced in size or frontage.

  • C. If a lot in the RU-3 or RU-4 zoning district that has been created by the merger of two or more nonconforming lots is subdivided, or combined with other lots and subdivided, the new lots may be created with reduced area or reduced frontage by special use permit. The planning board shall require the applicant to produce evidence that:

    • 1) Each lot is suitable for the installation of an on-site wastewater treatment system that complies with R.I. department of environmental management regulations; and

    • 2) The proposed reduction in area or frontage will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.

• 4. Use of dimensionally nonconforming lots.

  • A. The owner of a dimensionally nonconforming lot shall not be required to obtain relief from the zoning board of review to construct a building on the lot simply because the lot is dimensionally nonconforming by area. The required minimum front, side, and rear yard depths shall be reduced, and the maximum building lot coverage shall be increased, by the same proportion that the lot area is not in conformity with the minimum lot area for the zoning district. If further dimensional relief is necessary to construct the building, that relief is available by modification or by dimensional variance.

  • B. A dimensionally conforming building on a dimensionally nonconforming lot may be enlarged or altered without zoning relief if the enlargement or alteration complies with the applicable dimensional regulations for the zoning district.

  • C. A dimensionally nonconforming building on a dimensionally nonconforming lot may be enlarged or altered with a modification or a dimensional variance.

(Amd. of 3-3-03, § 7; Ord. of 12-4-2023(1))

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of article V (off-street parking and loading).

• • 1. Addition enlargement; expansion and intensification. Any building or structure, nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of article V (off-street parking and loading), such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification, except as otherwise specifically provided in this ordinance.

  • 2. Change of use. A building or structure, nonconforming by parking, may be enlarged to a different use other than residential use, pursuant to all other provisions of this ordinance, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use, except as otherwise specifically provided in this ordinance. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this ordinance for the new use are provided.

(Ord. of 12-4-2023(1))

A mobile home or trailer placed on a lot before December 12, 1995 and continuously occupied on the same lot since that date, and not located in a mobile home park or a trailer park, shall be considered a legal nonconforming use and may be replaced only with a special use permit from the zoning board of review.

(Ord. of 12-4-2023(1))

Accessory buildings and uses as defined in Article I, Section 1.2, (2) and (3) include, but are not limited to, home occupations, accessory dwelling units, private garages, barns, carports, vehicle storage, recreational vehicle storage, boat and RV storage, outbuildings, greenhouses, swimming pools or any other structure. Accessory buildings and uses are subject to all the requirements of this ordinance, except as specifically provided for by this subsection as follows:

• • 1. Accessory buildings and uses, residential: Accessory buildings and uses, including private garages, in a Residential District (RE-2, RU-3, RU-4 and CR-5) are permitted which:

    • A. Are clearly incidental to and customarily associated with the principal use. An accessory use shall not be permitted or continued without the principal use to which it is related.

    • B. Are operated and maintained under the same ownership and on the same lot as the principal use.

    • C. Do not exceed 20 feet in height for detached buildings except for barns.

  • 2. Location of accessory buildings and uses: A building or use accessory to a dwelling shall not be located within any required front, corner, side, or rear yard setback.

  • 3. Drive-thru facility. Drive-thru facilities may be allowed by special permit as an accessory use, where customary for otherwise permitted uses in the B (business), LB/R (light business/residential), and light industrial (LI) zones, and provided the following requirements are met.

    • A. The minimum lot area for a building with a drive-thru shall be 40,000 square feet.

    • B. The planning board must grant a special use permit for the drive-thru window.

    • C. The planning board must approve the building as a minor land development.

    • D. A minimum stacking before window of 12 cars, and stacking for three cars after window. All stacking area must be contained on private property. Stacking is defined as queuing space for vehicles that is dedicated for this purpose only, and does not conflict with any other traffic movements.

    • E. Limit to one lane for stacking (except for banks). A by-pass lane must also be provided on site. All drive-thru windows shall be located on the side or rear of buildings. They shall not be located on the front.

    • F. Drive-thru facilities must be designed so that they avoid creating traffic hazards for vehicular or pedestrian traffic.

    • G. A menu board not to exceed 32 square feet in area and not more than eight feet in height (as measured from ground level) be allowed, provided the same is not located in the front yard.

(Amd. of 9-6-05; Amd. of 5-1-06; Amd. of 4-5-21; Ord. of 12-4-2023(1))

The Town of Exeter recognized the need for some citizens to use their place of residence for limited nonresidential activities. Recent studies have shown that most of the businesses in town are small, employing less than four people, and that many of these businesses are home-based occupations. While the town wishes to encourage minor home-based activities, it also recognizes that the need to protect the integrity of its residential areas is of paramount concern. Therefore, the following criteria have been established to allow for home occupations that are compatible with the neighborhood in which they are located.

Criteria. Providing that all the following conditions are met, no permit is required for home occupations and a license is automatically granted by the Town of Exeter. However, all such commercial or business activities are required to register with the town.

• • 1. No employment or help other than the residents of the dwelling and two assisting nonresident employees. Anything greater should be a special use.

  • 2. Shall be conducted entirely within the dwelling unit and in no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

  • 3. Shall not utilize more than 25 percent of the gross floor area in the dwelling unit or not more than 500 square feet.

  • 4. No outdoor use of material or equipment not recognized as being part of the normal practices in the residential district.

  • 5. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from outside the premises.

  • 6. No material, equipment or process shall be used in such home occupation which is hazardous to public health, safety, morals or welfare, or which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises, if the occupation is conducted in a single-family residence, or outside the dwelling unit in other than a single-family residence. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

  • 7. There shall be no use of utilities or community facilities beyond that normal to the use of the premises for residential purposes.

  • 8. Customers visits or deliveries of products, merchandise or materials to or from the premises shall not exceed that normally and reasonably occurring for a residence.

  • 9. The use shall not generate pedestrian or vehicular traffic beyond what is normal to the residential area.

  • 10. With zoning board approval:

    • a. Barber shop, beauty salon, massage parlor.

    • b. Boarding, lodge or bed and breakfast or more than five rooms.

    • c. Health care provider, medical, dental, animal grooming facilities.

Cross reference— Businesses, ch. 18.

• 1. In a light business/residential (LB/R) and business (B) district, one accessory dwelling unit shall be permitted on a lot in a commercial building that is permitted by right or special use permit, provided that any such accessory dwelling unit:

  • (a) Shall be maintained entirely within a structure containing the principal use.

  • (b) Shall be occupied only by the owner or an employee of the principal business use.

  • (c) Shall have an area of no more than 1,000 square feet and shall have no more than two bedrooms.

  • (d) Shall not be occupied by boarders.

• 2. In residential (RE-2, RU-3, RU-4, CR-5) districts, one accessory dwelling unit, as defined in article I, section 1.2(2), shall be permitted on each lot, provided that any such accessory dwelling unit:

  • (a) Shall not be larger than 900 square feet, or 30 percent of the gross floor area of the principal dwelling unit, whichever is smaller.

  • (b) Shall not have separate utility connections and service unless it is located in an accessory building.

  • (c) Has one off-street parking space.

  • (d) Shall require issuance of a certificate of occupancy by the building official, who may require adequate supporting documentation to prove that all of the conditions in this section have been satisfied.

• 3. Relief may be granted by dimensional variance for construction of an accessory dwelling unit that will encroach on a required side or rear yard setback, notwithstanding the provisions of article IV of this ordinance.

• 4. An acccessory dwelling unit may be constructed in an existing dimensionally nonconforming principal structure or in an existing dimensionally nonconforming accessory structure without zoning relief if it does not enlarge the footprint of the building.

(Amd. of 4-5-21; Ord. of 12-4-2023(1))

A swimming pool shall conform to the appropriate side, front and rear yard requirements of the particular residence district in which it is located. The installation or construction of any swimming pool shall require a building permit, except those pools that do not require pumps. Swimming pools are subject to the following requirements:

• • 1. Swimming pools having a depth of 24 inches or more located in a residence district shall comply with the following conditions:

    • A. A plan of the lot indicating the allowable accessory use portions thereof within which the pool is to be located must be submitted with the application.

    • B. Pool dimensions, depth and volume in gallons must be submitted with the application.

    • C. When a filter system and motor is to be used, a site plan showing the location of the pool and filtering system shall be submitted.

    • D. Every outdoor swimming pool shall be completely surrounded by a fence or wall of not less than five feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimensions shall not exceed four inches. A dwelling, accessory building or the walls of an aboveground pool, may be used as part of such enclosure, provided that the required height of five feet [shall] be maintained. All gate and door openings through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped. Ladders or similar means of entry shall be detached or made inaccessible when the pool is not in actual use.

    • E. Whenever a light is installed for evening swimming, it shall be faced and directed away from abutting property and properly shielded.

All uses in all zoning districts shall be subject to the following operating standards. To ensure compliance, detailed plans may be required by the building official, at his/her discretion, before the issuance of a building permit.

• • 1. Noise and vibration. All noise and vibration from machinery or other sources shall be muffled, insulated or screened in a manner which will minimize vibration or deflect sound waves from abutting lots.

  • 2. Glare, light and heat. The emission of glare, light (interior or exterior) or heat shall be shielded in a manner which will minimize such emission beyond the lot where such use is located.

  • 3. Odor, smoke, dust or other emission. The emission of odor, smoke, gas, dust or other emissions in concentrations or amounts that are noxious, toxic, corrosive or a nuisance shall not be permitted.

  • 4. Waste. Individual sewage disposal systems shall be approved by the Rhode Island Department of Environmental Management before the issuance of a building permit.

  • 5. Storm[water] and surface water drainage. All storm[water] and surface water drainage systems shall be approved by the Town of Exeter planning board, before the issuance of a building permit. All runoff shall be provided for on-site. In no instance shall there be any net increase in runoff, nor shall any additional runoff be discharged onto abutting lots or into any freshwater wetlands, as defined in article I, section 1.2 of this ordinance. Storm drainage systems shall be designed by a Rhode Island licensed engineer in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.

  • 6. Public safety. The location of all buildings, structures, parking, driveways, loading areas and the number, location, size and adequate supply of water shall be approved by the appropriate Town of Exeter fire department before the issuance of a building permit, and subject to the following requirements regarding internal streets, roadways and parking:

    • A. All corners shall provide a turning radius of 41 feet.

    • B. All fire access lanes shall provide a minimum of 24 feet of unobstructed width to allow for access by emergency vehicles.

    • C. The fire chiefs (Fire Company # 1 and Fire Company # 2) shall have the authority to require the posting of all fire lanes.

    • D. There shall be no architectural, landscaping or natural barriers to prevent adequate access to any building by an emergency vehicle.

    • E. The fire chiefs (Fire Company # 1 and Fire Company # 2) shall have the authority to require compliance with at least a 10,000 gallon underground water tank, as per the land development and subdivision regulations.

    • F. This section must be in keeping with G.L. 1956, chapter 23-28.

In all business (B) districts, and light business/residential (LB/R) districts, multi-family residential uses shall be allowed by special use permit under the conditions set forth herein. The purpose of allowing mixed use commercial developments is to create diverse housing opportunities in the town, and in particular, for the purpose of addressing the need for affordable housing as defined in the town affordable housing plan. Use of this regulation shall be considered a municipal subsidy for the purpose of creating affordable housing for low- and moderate-income persons in a manner and location otherwise prohibited by these regulations. Such residential units in mixed use commercial developments should be constructed in close proximity to essential services such as those typically provided in commercial developments.

• • 1. Residential units in mixed use commercial developments shall consist of studio, one- and two-bedroom apartments ranging in size between 600 and 1,250 square feet of gross floor area.

  • 2. Residential units in mixed use commercial developments shall be constructed on the second or third floor of otherwise permitted first floor commercial uses. Ground floor units shall be allowed for persons of special needs, provided that these units do not constitute more than ten percent of the overall area of the residential units constructed.

  • 3. Mixed use commercial developments containing residential units shall only be allowed in association with commercial structures of 3,000 square feet and greater.

  • 4. Mixed use commercial developments must have at a minimum one acre of land per each residential unit proposed.

  • 5. A minimum of 20 percent of the number of residential units, and a minimum of 20 percent of the floor area of the residential units, must be deed restricted for a minimum of 30 years for occupancy by low- and moderate-income households. In no event shall a mixed use commercial development be permitted without a minimum of one low or moderate income unit. While a mix of incomes is encouraged, in no case shall more than 50 percent of the affordable units be occupied by households with incomes greater than 80 percent of the area median income.

  • 6. In no event shall the floor area of the residential units exceed the floor area of the commercial space associated with the mixed use commercial development.

  • 7. Every mixed use commercial developments shall be approved as a major or a minor land development. Parking shall be provided for the residential units as required in article V of this ordinance.

  • 8. Applications for mixed use commercial developments must demonstrate to the satisfaction of the planning board that the site has the capacity (not limited to but including water, septic, parking, and circulation) to accommodate the proposed residential development.

  • 9. All residential units of mixed use commercial developments shall be accessed from enclosed or interior walkways. All such walkways shall be provided with an enclosed main entranceway for the residential portion of the development. Such entranceways shall be at a minimum eight feet long and six feet wide and shall have two doors, an exterior door and an interior door. Between the two doors shall be common space for uses such as mailboxes, delivery of packages, etc. Elevators are encouraged.

(Ord. of 8-7-06, § 3; Ord. of 12-4-2023(1))

• 1. Definition. Adaptive reuse is the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use. Conversion of a nonresidential building to a multi-unit residential or mixed-use building is permitted in all zoning districts, notwithstanding the use restrictions of article II of this ordinance, if at least 50% percent of the gross floor area of the existing building is converted to dwelling units.

• 2. Review and approval.

  • (a) An adaptive reuse project in a residential zoning district that creates fewer than nine units or an adaptive reuse project in any zone that proposes no extensive exterior improvements shall be approved as a minor land development project.

  • (b) An adaptive reuse of an existing building with a gross floor area of less than 25,000 square feet for which extensive exterior improvement are not proposed is classified as a minor land development project.

  • (c) All other adaptive reuse projects are classified as major land development projects.

• 3. Residential density. Residential density of 15 dwelling units per acre shall be permitted, notwithstanding the requirements of article II of this ordinance, provided that:

  • (a) The developer must submit evidence to the planning board or the administrative officer that the on-site wastewater treatment systems required by R.I. department of environmental management regulations will be constructed and that adequate water for consumption and fire safety for the building will be provided.

  • (b) The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate. A required reduction in the proposed residential density must be based on a peer-reviewed traffic study.

• 4. Dimensional regulations.

  • (a) The height and the front, side, and rear yard setbacks of the building shall be treated as if they are legally nonconforming dimensions. The planning board shall have the authority to approve an additions to the existing building height, or reduction of the existing front, side, and rear yards, by special use permit.

  • (b) To obtain such a special use permit, the applicant must provide evidence that the proposed use with the proposed height and front, side, and rear yard dimensions will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.

• 5. Off-street parking and loading. The parking and loading requirements of article V of this ordinance shall apply to development of the site, provided, however, that:

  • (a) No more than one parking space shall be required for each dwelling unit, and

  • (b) The planning board or the administrative officer shall have the authority to waive or modify any requirement of article V of this ordinance that cannot be satisfied because of the size, shape, or location of the existing building or the lot on which the building is located.

• 6. Performance and development standards.

  • (a) Municipal services. The Planning Board must find that the development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces recreational programs and facilities, and other municipal services and facilities. The applicant shall estimate the impact the project will have on town services, including but not limited to police, fire, and emergency medical services; streets and other public infrastructure; and education. The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate.

  • (b) Water pollution. The project shall be designed to prevent the pollution of surface water or groundwater. In making this determination, the planning board will review the project area including, but not limited to, the elevation of the land above sea level and its relation to the flood plains, the nature of soils and subsoils and their ability to adequately support wastewater disposal and other DAM-approved discharge; the natural gradient of the land and its effect on effluents; the proximity of the project to the aquifer and aquifer recharge areas; and the availability of streams for surface runoff. The planning board may place conditions on approval that protect the quality of surface water and groundwater.

  • (c) Water supply. Sufficient water, including water pressure adequate for fire suppression equipment, must be available. The applicant must demonstrate by clear, convincing, and documented evidence that adequate potable water is available for reasonably foreseeable needs and that water use by the proposed development will not have an adverse impact on the water needs of adjacent properties.

  • (d) Wastewater disposal. If the development is located in the groundwater protection overlay zone or within a wellhead protection area:

    • i) The planning board shall require a total nitrogen removal of 50 percent at the treatment unit before discharge to the wastewater disposal system, pursuant to section 7.3 of this ordinance.

    • ii) The applicant shall submit an assessment of the potential impacts of the proposed on-site wastewater disposal systems on surface water, groundwater, and public or private wells on adjacent properties.

    • iii) The applicant shall prepare and submit to the Planning Board an operation and maintenance plan for the on-site wastewater disposal systems. The R.I. Handbook for Inspection of Operating Septic Systems shall be used as guidance for operation and maintenance.

  • (e) Unique areas. The Planning Board must find that the project will not have an adverse impact on the scenic beauty of the project area, historic sites, or rare and irreplaceable natural areas.

  • (f) Water bodies. If any part of the building is located within 300 feet of a water body or freshwater wetland, the proposed project shall not have an adverse impact on the water body or wetland.

  • (g) Well protection areas. If a well or wells will be installed on the property, the entire wellhead must be located on property owned by the owner of the project, or the owner of the project must have a conservation easement on the wellhead. No structure that requires wastewater disposal shall be permitted within the wellhead protection area except on-site wastewater disposal systems required to serve the project; no hazardous materials shall be stored within the wellhead protection area; and no use that may contaminate the groundwater shall be permitted within the wellhead protection area.

• 7. Environmental restrictions. Adaptive reuse of a building pursuant to this section is prohibited if the R.I. department of environmental management or the U.S. environmental protection agency has recorded a use restriction on the property in the land evidence records.

(Ord. of 12-4-2023(1))

• A. Purpose. The transfer of development rights program, TDR, is a tool for the preservation of farmland and/or open space. It allows a community to encourage development toward land that is appropriate for development, and away from land that should be preserved. The purpose of the TDR sending area is to further the preservation of open space and/or farmlands located in Exeter. As the Towns of Exeter and North Kingstown have already taken extraordinary steps to preserve the farm land now or formerly known as the Bald Hill Nursery, and as this property serves as a gateway, it is the intent of Exeter to secure the development rights of the so called "retained ten acre parcel" (see attached Appendix A) by the use of this ordinance.

• B. Applicability. This section, 4.8, applies to any properties targeted for preservation in Exeter which are included in the Exeter Zoning Map Transfer of Development Rights Sending Area(s) Overlay zone. The intent and purpose of this ordinance is set forth in the memorandum of agreement (Appendix B).

• C. Process. The process identified and defined under this section allows for the transfer of development rights from the sending area in Exeter, to a receiving area in North Kingstown. As such, this process is also subject to the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). The Town of Exeter may issue a letter of yield certification.

• D. Definitions.

  • 1. Sending area(s). This is the area identified on the TDR overlay of the Exeter Zoning Map as sending area(s).

  • 2. Certificates of development rights. Upon the approval of a master plan by the Exeter Planning Board, the North Kingstown Planning Commission may authorize the issuance of a certificate of development rights from the director of planning provided that no appeal is filed during the appropriate appeal period.

  • 3. Receiving area. This is the area(s) in North Kingstown identified by the North Kingstown Code of Ordinances Article XXIII, chapter 21-622(2) as the North Kingstown receiving area(s).

  • 4. Receiving parcel. The parcel or parcels of land within the receiving area that development rights are being transferred to, except however, under this ordinance, no receiving parcel is to be located within 1,000 feet of the sending parcel.

  • 5. Deed restrictions. Restrictions placed on the sending parcel deed as part of the transfer of development rights process.

  • 6. Retained rights. These are the rights and/or the uses of the sending area parcel that are retained by the land owner after transferring the development rights of the parcel. These retained rights shall be defined in the deed restrictions submitted with the master plan application.

  • 7. Sending parcel. The parcel of land within the sending area from which development rights are being transferred from.

  • 8. Transfer of development rights. This is the process of selling or otherwise transferring the development rights of one parcel (sending parcel) to another parcel (receiving parcel) to allow for greater or more intense development of the receiving parcel and to provide for preservation of the open space/farmland at the sending parcel. As part of this process, the sending parcel agrees to restrict future development to the retained rights as defined in the deed restrictions.

  • 9. Yield. The maximum number and size of buildings, building lots, or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development such as wetlands.

  • 10. Letter of yield certification. A letter from the Exeter Planning Board certifying the potential yield of a sending area parcel.

• E. Procedure.

  • 1. Application. An application for TDR under this section shall be received by the planning board in the Town of Exeter for confirmation of consistency to this section and procedural and substantive relevant sections of the land development and subdivision regulations. Said application shall contain a plan that meets the requirements for a master plan for the sending parcel as defined in the Town of Exeter Land Development and Subdivision Regulations for conventional major land developments. A pre-application meeting is required.

  • 2. Deed restrictions. In addition to the other requirements spelled out in the Exeter Land Development and Subdivision Regulations, the master plan application shall include draft copies of the deed restrictions defining the retained rights and prohibitions for the sending parcel after the transfer of development rights. All deed restrictions shall, at a minimum, meet the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). Approval of the deed restrictions shall be within the discretion of the Exeter Planning Board.

  • 3. Yield. The Exeter Planning Board will review the master plan application and determine a practical yield plan based on current zoning, the requirements of the Exeter Land Development and Subdivision Regulations, and the Exeter Zoning Ordinance. Once the yield plan and the draft restrictive covenants are approved, the Exeter Planning Board will provide a letter of yield certification to the applicant. The letter of yield certification is valid for a period of one year, but can be extended due to good cause.

  • 4. Certificate of development rights. The applicant shall submit the letter of yield certification from the Exeter Planning Board to the North Kingstown Planning Commission for review and possible approval, and for issuance of a certificate of development rights by the North Kingstown Planning Director. Approval of the certificate of development rights is at the discretion of the North Kingstown Planning Commission and the planning director. No certificates may be issued until and unless, deed restrictions approved by the Exeter Planning Board and the planning board solicitor, have been recorded in the North Kingstown and the Exeter Town Halls.

  • 5. Sale and/or development. Sale of the development rights and/or development using the development rights shall follow all regulations and procedures specified for TDR in the North Kingstown ordinances and the North Kingstown Subdivisions and Land Development Regulations.

  • 6. Appeals process. Appeal of any decision from the Exeter Planning Board with regard to this ordinance shall be done in the manner specified in the Land Development and Subdivision Regulations Section 10.0.

(Ord. of 12-6-10)

--- (3) ---

Cross reference— Parking, stopping and standing generally, § 46-91 et seq.

• A. No land shall be used or occupied and no structure shall be erected or used unless the off-street parking spaces required herein are provided. Such parking spaces are not required for any structure or use existing prior to the effective date of this ordinance or any amendment thereto this ordinance; provided, however, that parking spaces, as specified in this ordinance, shall be provided, subject to the requirements of article IV for any enlargement, alteration or change to any such existing structure or use. The following are the maximum number of parking spaces required:

  • 1. Dwellings: Two spaces for each unit.

  • 2. Hotels, motels and lodginghouses: Two parking spaces for each unit or room to be rented. (If [a] restaurant is included, see # [subsection] 5 of this section.)

  • 3. Office uses: One parking space for each 250 square feet of gross floor area, plus one parking space for each employee.

  • 4. Hospital, nursing homes or other institutions: One parking space for every two beds, plus one parking space for every employee.

  • 5. Restaurant, theater, country clubs, golf courses, churches or other places of public assembly or use: One parking space for every four seats or for every four persons of capacity. One parking space for every employee.

  • 6. Retail or personal service business: One parking space for every 300 square feet of floor area devoted to sales.

  • 7. Manufacturing, industrial, storage or wholesale use: One parking space for every employee and one parking space for every truck operated by the company at maximum employment level.

  • 8. Handicapped parking: Handicapped parking requirements shall conform to the Rhode Island State Building Code, section 14-16, as amended.

  • 9. The planning board shall determine parking standards for any use not defined above.

  • 10. Any use requiring in excess of 125 parking spaces shall apply to the zoning board of review for [a] special use permit.

• B. Construction requirements exempting single-family dwellings:

  • 1. In allocating area for off-street parking facilities, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet, and shall be served by suitable aisles to permit access into all parking spaces. In no case shall the gross area per parking space be less than 300 square feet.

  • 2. Such parking area shall be treated with impervious or pervious surfacing materials and shall have appropriate bumper or wheel guards, where needed. However, pervious materials or surfacing approved by the planning board is encouraged within 200 feet of any freshwater wetlands and within the groundwater protection district as regulated by the Rhode Island Department of Environmental Management (RIDEM).

  • 3. The interior of parking areas shall be suitably landscaped and maintained with trees, shrubs, vegetation or other live vegetative ground cover. Standards shall be in accordance with the standards contained in the town's subdivision regulations.

  • 4. No parking shall be within a front yard setback which will be left in a vegetative state.

  • 5. All lights or lighting fixtures used to illuminate said parking area shall be so arranged as to reflect the light away from adjoining premises and streets by means of shielding or similar manner.

  • 6. Entrances and exit[s] for each parking area shall be signed with adequate off-street area[s] for approach, turning and exit without the need of ability to use any part of a street. All driveways shall be a minimum of 12 feet in width for each lane of traffic using such driveway. However, the width of any driveway shall not exceed 30 feet. No driveway shall be within 20 feet of another driveway.

  • 7. No parking space or aisle shall be less than ten feet from any side or rear yard property line and no parking space or aisle shall be less than five feet from any building. Parking spaces less than ten feet from any building shall be separated from such building by raised curb, bumper or wheel guards. The equipment of this subsection shall not be applied to detached single-family dwellings.

  • 8. Where a parking facility lies within or adjoins a residential district, an opaque fence or a double row compact evergreen screen not less than six feet in height shall be erected or planted and maintained between the parking facility and any adjoining residential district.

• C. All parking plans for any structure other than a residential single-family dwelling must be presented to the planning board for approval.

• D. There shall be no parking or storage of commercial registered vehicles containing the weight of over 20,000 GVW (gross vehicle weight) in any residential zone except for the storage of farm vehicles. The parking or storage of said commercial vehicles shall not be parked within any front yard setback.

• E. The storage and parking of recreational vehicles in a residential district which is owned by an occupant, including travel trailers, pickup trucks, campers, tent trailers, motor homes, boats and boat trailers shall be governed by the following requirements:

  • 1. No such recreational vehicle, while parked or stored in any district, shall be used for permanent living or housekeeping purposes for more than one week.

  • 2. No such recreational vehicle shall be stored in required front yard area nor closer than 20 feet to a side or rear lot line.

  • 3. No such recreational vehicle shall be stored outdoors unless in condition for its intended function or can be brought to functional condition within a six-month period.

  • 4. Overnight parking of buses. Overnight parking of buses shall not be permitted in a residential (RE-2, RU-3, RU-4, CR-5) district.

(Ord. of 1-6-03(2), §§ 1—3)

• A. Off-street loading specifications:

  • 1. For each nonresidential use of structure under 1,000 square feet of gross floor area or ground area in which commodities are sold, displayed, repaired, serviced, fabricated or altered as the principal use of the land or buildings; off-street loading space of no less than 300 square feet of area shall be provided.

  • 2. For each use of over 1,000 square feet of gross floor area or land area devoted to such use, one off-street loading space at least 60 feet in length and 12 feet in width shall be provided with a minimum overhead clearance of no less than 14 feet.

  • 3. Additional off-street loading space may be required by the planning board when deemed necessary to provide adequate off-street loading space to serve the intended use.

• B. Location of off-street loading space: Required off-street loading space shall be on the site of the principal use or on a contiguous site and shall be designed to prevent intrusion of loading or unloading vehicles into any street or sidewalk during loading or unloading. In no case shall any of the required off-street loading space be part of the area used to fulfill the off-street parking requirement associated with the intended use of the land or structure.

The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by unsafe signs, provide more open space, curb the deterioration of the natural environment and enhance community development.

As used in this section, unless otherwise expressly stated in this ordinance, the following definitions shall apply:

• A. Sign. The term "sign" shall mean any permanent or temporary device, reproduction, material or structure which is: Freestanding, attached to a building or structure or erected, painted, represented or reproduced inside or outside any building, structure or natural object, including window display areas, which displays, reproduces or includes any lettered or pictorial matter, which is used to identify the premises or occupant or owner of the premises; to advertise any product or item; to advertise the sale, rental or use of all or part of any premises or item, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than public highway markers; and shall also include any announcement, demonstration, display, illustration or insignia used to advertise or promote the interests of any persons or business when the same is placed in view of the general public. In no event shall the word "sign" be construed to mean any sign in the interior of any structure, not visible from the outside, unless specifically set forth in this ordinance. Excluded from this definition also are pavement markings or driveway directional arrows painted on the ground, which contain no advertising.

• B. Sign, illuminated. A sign designed to give forth artificial light from an artificial source in such a manner as to be an integral part of the construction of the sign, including neon signs and signs illuminated from within.

• C. Sign, indirectly illuminated. A sign illuminated with an artificial light directed primarily toward such sign from an exterior source.

• D. Sign, wall-mounted. A sign erected against, painted on or attached to the wall of any building or structure (except a freestanding sign support) including signs affixed to fences, screens and freestanding walls.

• E. Sign, roof-mounted. A sign placed upon the roof of any building or portion thereof, or erected on a vertical framework supported by the roof of a building, except such signs which are an integral part of the construction or architecture of a building.

• F. Sign, freestanding. A sign supported by a pole, uprights, braces or frame on the ground and not supported by any wall, building or similar structure.

• G. Sign accessory. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such a sign is located.

• H. Sign trailer. A sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to, mobile advertising signs attached to a truck, chassis, detachable vehicular trailer or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle which identify the product, service or any activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.

• I. Sign, portable. Any sign not attached to a building or structure or attached to the ground and which is capable of being placed upon various locations on a lot. Such signs shall include, but are not limited to, A-frame signs, gasoline price per gallon signs, temporary announcement signs, trailers signs and the like.

• J. Sign, projecting. A sign erected so as to project approximately perpendicular from the exterior of any building or wall.

• K. Sign, off-site directional. Any sign giving directions to the location of any use or activity not located upon the property upon which the sign is erected, and which may contain only the name of the use and necessary information giving directions to the use; provided, however, that no advertising shall be contained in such sign.

• L. Sign, off-premises. Any sign or advertising device, including a billboard, which advertises a use or activity not located on, or a product not sold nor manufactured on, the lot on which the sign or device is located.

• M. Sign, plaza. A grouping of signs in a common location, having a uniform size and materials and regulated by the Town of Exeter in accordance with the provisions of this ordinance.

• N. Sign, temporary promotional. A display, banner or advertising device constructed of cloth, canvas, fabric, plywood or other light temporary material, with or without a structure frame, intended to promote special sales, free gifts, openings or campaigns.

• O. Sign, area. Measured in square feet, the entire area within a square, rectangle, circle, triangle or any other polygon enclosing the extreme limits or graphic, writing or similar representation, emblem or any fixture of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that the two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of the one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

• P. Sign, height. Measured in feet, the overall height of a sign is measured from the grade directly below the sign to the highest point of the sign or any of its supports.

• Q. Sign, setback. Measured in feet from the outermost edge of the sign to the public right-of-way.

• R. Sign projection over public right-of-way. Measured in feet, perpendicular to the property line, from the property line to the outermost edge of the sign, over any public right-of-way.

The following signs are permitted and shall be counted when calculating the quantity of signs permitted and the total allowable sign area; provided, however, that such signs shall conform to all other applicable regulations, and further provided that such signs shall be neither illuminated nor indirectly illuminated, except as otherwise specified herein:

• • A. Name and address, not to include any commercial advertising. Such signs shall not exceed three square feet in area per side, and shall be limited to one such sign per resident, family or use.

  • B. No trespassing sign, or other such signs regulating the use of the property on which it is located, provided such signs do not exceed three square feet in area.

  • C. Bulletin boards, for public or religious institutions when located on the property thereof, provided such signs do not exceed 15 square feet per side and bear no commercial advertising. Such signs may be indirectly illuminated.

  • D. For sale signs, one sign which shall not exceed six square feet in area and which advertise the sale, lease or rental of the real property on which it is located, and which may not be maintained for more than six months. Such signs in place for more than six months shall require a temporary sign permit as specified in section 6.7, item C.

  • E. Instructional or directional signs, identifying on-premises traffic, parking or other functional activity, such as lavatory facilities, telephone sections of a building, entrances, offices, etc., bearing no commercial advertising. There shall be no more than one sign for each applicable activity, and each sign shall not exceed two square feet in area, if wall-mounted, and four square feet if freestanding. Such signs may be illuminated or indirectly illuminated.

  • F. Signs erected by the Town of Exeter, the State of Rhode Island or the United States of America, pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation. Such signs may be illuminated or directly illuminated.

  • G. Memorial signs or tablets, and signs denoting the date of erection of buildings. Signs denoting the date of erection of building shall be wall-mounted and shall not exceed three square feet in area.

  • H. Signs identifying churches, and places of worship, or certified nonprofit educational institutions when located on the property thereof. Such signs may be indirectly illuminated, and may not exceed 15 square feet in area.

  • I. Election signs or political signs, permitted in all zoning districts, with [the] permission of the landowner. Election or political signs shall be removed within ten days after the election, with the candidate for office or his/her candidacy. Signs are not to exceed 32 square feet. No signs may be posted on trees, utility poles or traffic signs or similar public regulatory markers.

  • J. Accessory signs, incidental to a business or a profession conducted on the premises indicating hours of operation, credit cards, business affiliations, and the like, provided the total area of all such signs for a single business does not exceed two square feet per public entrance (noncumulative) and is wall-mounted at or immediately adjacent to the entrance to the building on the premises.

  • K. The following signs customary and necessary to the operation of gasoline filling stations, wall-mounted signs displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing," or words of similar import, provided that there shall be not more than one such sign over each entrance, and that the letters of such sign do not exceed ten inches in height; signs which consist of lettering or other insignia which are structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other matter as required by law; one 2.5 square feet per side (maximum) sign indicating price per gallon of gasoline to be attached to the pump; also there may be one sign no larger than eight square feet per side using numbers no larger than 18 inches in height indicating price per gallon of gasoline along highways on which the legal speed limit is less than 35 mph, or one sign no larger than 12 square feet per side using numbers no larger than 18 inches in height indicating price per gallon along highways on which the legal speed limit is 35 mph or more, such sign shall be freestanding and shall have a clearance of at least seven feet from the ground.

  • L. Digital clocks, time temperature clocks, or other clocks which contain no advertising, and which may be illuminated or indirectly illuminated, and may not exceed 20 square feet in surface area.

  • M. Window signs, erected or maintained in the window of a building which are visible from any public or private street or highway, provided such sign shall not occupy more than 30 percent of the area of said window.

  • N. Temporary window signs, erected or maintained in the window of a building, which are visible from any public or private street or highway, provided such sign shall not occupy more than 30 percent of the area of said window, and shall not be in place more than 30 days.

  • O. Awning signs, less than ten square feet in area, not to exceed one such awning sign per use.

  • P. Sale of produce raised on land, signs shall be no larger than 12 square feet per side, or two signs no larger than six square feet each per side, and shall not be lighted in any manner.

  • Q. Signs notifying the public of an application pending before the planning board as provided in the land development and subdivision regulations.

(Amd. of 10-5-04)

The following signs shall not be permitted in any zoning district:

• • A. Signs which have visible moving parts, including signs which are designed to achieve movement by action of wind currents, or which have mobile or revolving parts or which have animated parts (except time or temperature devices); provided, however, that barber poles, ordinarily and customarily used in connection with the barber shop, are allowed if they comply with all provisions of this ordinance.

  • B. Signs which incorporate in any manner any flashing or moving illumination, animation or illumination which varies in color.

  • C. Any sign or sign support which constitutes a hazard to public safety or health, including signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from a fire escape, door, window or other required exitway; or which make use of words such as "stop," "look," "one-way," "danger," "yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

  • D. String lights or strung light bulbs are prohibited. However, string lights as a part of decorations associated with recognized legal holidays are permitted for a period not to exceed 30 days.

  • E. Searchlights, pennants, spinners, banners and streamers are prohibited. However, pennants, spinners, banners and streamers associated with events of religious, public or charitable organizations are permitted for a period not to exceed ten days or for new business openings for a period not to exceed three days.

  • F. Projecting signs which are erected so as to project approximately perpendicular from the exterior of any building or wall and which exceed 12 square feet in area, or which project more than four feet from the exterior of said building or wall. Nothing herein shall be construed to permit the erection of any projecting sign over a public way, without the approval of the building inspector.

  • G. Roof-mounted signs, as defined by this ordinance. No allowable roof-mounted sign shall be erected in such a manner as to increase the maximum allowable building height, nor shall any sign project more than 15 feet above the roofline of any building.

  • H. Off-site directional signs, unless otherwise specified in this ordinance.

  • I. Trailer signs or portable signs.

  • J. Off-premises signs, unless otherwise specified in this ordinance.

  • K. Billboard signs as defined herein.

  • L. Illuminated signs as defined herein.

All signs in residential zoning districts are permitted at no closer than ten feet from any lot line, front side or rear lot line, and shall conform to the following regulations:

• • A. There shall be no more than one sign, other than a sign identifying the name and address of the occupant as specified in section 6.3(A), for such residential lot. Such signs may identify the premises and/or identify a permitted customary home occupation, including real estate and professional offices in the home, and shall not exceed six square feet per side in area.

  • B. Indirectly illuminated signs in a residential zoning district may be lighted only by a continuous white light, so oriented that it shall reflect the light away from the adjoining property and away from streets.

  • C. Permanent signs at major entrances to residential developments designed only to identify such developments shall be permitted, provided such signs bear no commercial advertising, and do not exceed 15 square feet in area, and shall be maintenance free.

All signs in commercial and manufacturing districts shall conform to the following regulations:

• • A. Signs in commercial and industrial districts may be either wall-mounted, freestanding or projecting. There shall be no more than one sign for each principal property.

  • B. Signs in business and industrial districts.

    • 1. Permitted uses:

      • a. Signs in connection with permitted or lawful nonconforming uses, provided that no sign shall exceed 32 square feet in area without approval of the zoning board of review as a special exception under article I.

      • b. No billboards or outdoor advertising structures, either mobile or stationary, shall be permitted, other than signs.

    • 2. Location of signs:

      • a. The maximum height of a freestanding sign shall be 15 feet from ground level.

      • b. In the business and industrial districts no sign shall be placed within 100 feet of any rural, residential, conservation-recreation district, or within the corner triangle described in article II, section 6.7.

      • c. No sign shall be placed within ten feet to a front lot line or 15 feet to a side or rear lot line.

    • 3. Lighting of signs:

      • a. Indirectly illuminated signs may be lighted only by a continuous white light. Signs may be lighted only by continuous white light. Floor lighting shall be directed away from adjacent properties and traffic arteries.

Cross reference— Businesses, ch. 18.

The following temporary signs are allowed in any zoning district, provided that they conform to the following provisions; further provided that they are granted a temporary sign permit as required in section 6.12. Such temporary signs shall be neither illuminated nor indirectly illuminated.

• • A. Temporary signs, customary and necessary in connection with the erection of buildings or other significant construction work, shall be limited to one sign for each construction project, to include only the identification of the project, architect, sponsor or builder. Such signs shall not exceed six square feet in any residential district, 20 square feet in any commercial district, or 30 square feet in any manufacturing district, and shall be removed within ten days after the completion of construction.

  • B. Temporary signs, no larger than 20 square feet which advertise auctions and special events conducted by nonprofit organizations, provided such signs shall not be in place more than 30 days. No more than three signs advertising any such event shall be erected or maintained at any one time within the Town of Exeter.

  • C. Temporary for sale signs which are in place for more than six months, and which advertise in any way the sale, [for] which they are located, shall not exceed six square feet in any commercial district, or 32 square feet in any manufacturing district. No such temporary sign shall be maintained more than ten days after completion of the activity advertised. For subdivisions of ten lots or more, in lieu of individual lot for sale signs, there may be one common sign, not to exceed 32 square feet per side, advertising the property for sale and not to be in place for more than two years.

• A. In shopping centers there may be one wall-mounted sign for each use not to exceed one square foot for each lineal foot of the wall or the portion of the building containing the use, and on which the sign is located not to exceed 32 square feet.

• B. In addition to such wall-mounted signs, there shall be permitted in all business districts, light business/residential districts and light industrial zones as well as shopping centers one common freestanding sign identifying all uses and one menu board sign identifying products available at drive-thru facility. Such freestanding menu signs located in shopping centers shall conform to the following regulations:

  Zoning District	GFA of Shopping Center (square feet)	Maximum Area of Freestanding Sign (square feet)	Maximum Area of Menu Baord Sign (square feet)	Maximum Height of Freestranding and Menu Sign (feet)
  B & LI	Less than 6,400	32		Freestanding-20 feet high Menu Board Sign-8 feet high
  B & LI	6,400 or more	5 square feet/1,000 GFA, maximum 50	Having a maximum of 32 square feet

 

• C. Such signs may be indirectly illuminated in light industrial or business districts.

• D. No such freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility, or any other access required by this ordinance.

(Amd. of 5-1-06)

Cross reference— Businesses, ch. 18.

A sign permit shall be required for all signs thereafter erected, installed or replaced, unless specifically exempt by this ordinance. Such permits shall be issued by the zoning inspector and shall be in addition to any other permits required by this or any other ordinance in the town.

• A. Application for [a] sign permit shall be made in writing on forms prescribed and provided by the zoning inspector.

• B. In addition to information required on the application form, the following information shall be provided:

  • 1. The size of the proposed sign(s), area, height, width, thickness, illumination and material of which is to be constructed.

  • 2. A detailed drawing showing the description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices, and support structures.

  • 3. A plot plan showing the locations of the sign in relation to the building and all property lines and streets.

• C. The zoning inspector may require any other such information as may be reasonably necessary to administer the provisions of this ordinance relating to signs.

If the zoning inspector finds the proposed sign to be in compliance with the ordinance, he shall issue such sign permit within ten days after the filing of the application.

If the erection or installation of the sign authorized under such permit has not been started within six months from the date of the issuance of such permit, and diligently pursued until completed, the permit shall become null and void.

No temporary sign, as described in section 6.7, shall be erected, installed or maintained without first obtaining a permit thereof. Any such permit may be issued for a period not to exceed six months, and shall provide that any sign authorized by such permit shall be removed at the expiration of said six-month period, or within ten days after the completion of the activity advertised, whichever shall be sooner.

No permit for a temporary sign may be extended or renewed, and any temporary sign which remains in place for more than six months shall be deemed a permanent sign, and shall be so regulated, unless otherwise specified herein.

If the applicant shall fail to remove such sign, the zoning inspector, after ten days' written notice to the applicant to remove such sign, and after the failure of the applicant to do so, shall cause said sign to be removed and may impose a fine upon the applicant, as defined by the town council.

No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this ordinance. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

No sign shall be erected or maintained which advertises a product, use or activity no longer available, for sale or in use, on the premises. Such obsolete signs shall be removed within 60 days after the date they become obsolete. In the event of a violation of any of the foregoing provisions of this section, the zoning inspector shall give written notice, specifying the violation to the named owner of the sign and to the named owner of the land upon which the sign is erected, sent to their last known addresses, as set forth in the records of the town, directing them to cause any such sign to conform to the provisions of this ordinance, or to remove any such sign within 60 days from the date of said notice.

Upon failure to comply with the provisions of said notice specified in section 6.13, the zoning inspector shall notify the town solicitor of such violation of the ordinance, and request appropriate legal action be taken to obtain conformance of removal of such sign. When any sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the zoning inspector is hereby authorized to cause any sign to be removed summarily without notice.

Within 60 days after the effective date of this ordinance, trailer signs, portable signs, pennants, spinners, banners and/or string lights shall be removed by the owner of the sign or the owner of the property upon which the sign is located.

In all zoning districts, two signs, not larger than four square feet in area, each advertising or indicating any local business located on a lot or parcel of land other than the premises, is permitted as a special use permit.

• • A. Location. No portion of any sign permitted in this section shall be located within any street right-of-way.

  • B. Lighting. There shall be no artificial lighting of any sign permitted in this section.

  • C. Landowner permission. Where such a sign is to be located on property other than that of the applicant, a statement in writing indicating that the property owner has granted the right to erect the sign, which is the subject of the application for a special use permit, shall be furnished to the zoning board of review.

Signs existing at the time of the enactment of this ordinance, notwithstanding section 6.15, and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs, which may be continued. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with the provisions of this ordinance.

--- (

4) ---

Editor's note— An ordinance adopted July 7, 2025, amended the title of Art. VII to read as herein set out. The former Art. VII title pertained to the groundwater protection overlay district.

Cross reference— Natural resources, ch. 30.

The purpose of this section is to preserve, protect and maintain the quality and quantity of groundwater supply and groundwater recharge areas of the Town of Exeter. This groundwater is the primary existing and future water supply source for the town. The groundwater reservoirs that underlie Exeter are unique and valuable resources. These groundwater reservoirs are vulnerable to contamination due to their unconfined condition, closeness to the ground surface, and the permeability of the overlying soils. It is the intent of this section [article] to protect the health, safety and welfare of the public.

• A. Aquifer. A saturated, permeable, geological formation that can yield significant quantifies of water to wells, springs or surface water bodies.

• B. Primary protection zone. Those areas designated as the primary protection zone on the map entitled, "Groundwater Protection Plan, Town of Exeter, Washington County, Rhode Island."

• C. Glacial deposits. The boulders, rocks, gravel, sand, silt and clay that overlie and generally conceal the bedrock.

• D. Groundwater. Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and consolidated rock fractures.

• E. Groundwater Protection Act. G.L. 1956, § 46-13.1, passed in 1985 and heretofore amended. This law establishes a policy of maintaining and restoring groundwater quality in Rhode Island for potable water.

• F. Groundwater classification. A program developed under the 1985 Groundwater Protection Act that authorizes the RIDEM to classify groundwater sources into four categories (GAA, GA, GB and GC):

  • 1. Class GAA: Suitable for public drinking water supply without treatment, and delineated as the critical portion of the recharge area to the groundwater reservoirs, and the 2,000-foot radius circle around community water supply wells.

  • 2. Class GA: Suitable for public or private drinking water supply without treatment, but does not meet GAA delineation criteria.

  • 3. Class GB: Unsuitable for public or private drinking water supply without treatment, due to known or presumed degradation.

• G. Groundwater recharge. A process through which precipitation on surface water infiltrates and drains to the zone of saturation.

• H. Groundwater reservoir. Those stratified drift deposits having a saturated thickness greater than or equal to 40 feet and a transmissivity greater than or equal to 4,000 square feet per day and can yield significant amounts of groundwater.

• I. Impervious. That area of a lot that is impenetrable by surface water because it is covered by pavement, principal and accessory buildings, etc.

• J. Stratified drift. A glacial deposit consisting of interceded lenses of stratified and sorted gravel, sand and silt.

• K. Till. A glacial deposit consisting of a poorly sorted mixture of boulders, gravel, sand, silt and some clay.

• L. Water table. The upper surface [water] or groundwater in the zone of saturation.

• M. Zone of saturation. That subsurface area below the water table where gravel, sand, silt or clay pore spaces are completely filled with water.

• N. Transmissivity. A measure of the ability of an aquifer to transmit a fluid.

• O. Hazardous materials. A product or waste, or combination of substances, that because of quantity, concentration or physical or chemical or infectious characteristics, poses, in the zoning board's judgement a substantial present or potential hazard to human health, safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of or otherwise managed. Any substance deemed a hazardous waste or material under applicable federal or state law shall also be deemed a hazardous material for this section. Toxic or hazardous materials include organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents, fuels and thinners.

• P. Best management practices (BMP). Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the town's groundwater to the maximum extent possible.

• Q. Underground storage tank. Means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent or more beneath the surface of the ground.

• A. The primary protection zone is defined on the map entitled, "Groundwater Protection Overlay District Map, Town of Exeter, Washington County, Rhode Island, dated December 12, 1995," at a scale of one inch equals 2,000 feet. This map is filed with the town clerk of the Exeter town hall.

• B. The line indicating the primary protection zone is shown on the map entitled, "Groundwater Protection Overlay District Map, Town of Exeter, Washington County, Rhode Island, dated December 12, 1995" at a scale of one inch equals 2,000 feet. This line is the outer boundary of the groundwater recharge area on the map entitled, "Town of Exeter Resources Mylar Overlay Mylar," dated February 9, 1989, at a scale of 1:24,000.

• C. When the boundaries of the district are in doubt or in dispute, resolution of the dispute shall be through an application, accompanied by adequate documentation to the Exeter planning board. The burden of proof shall be upon the owner(s) of the land in question to verify the location of the boundary. At the request of the owner(s), the town may engage a professional civil engineer, hydrologist, geologist or soil scientist to more accurately determine the boundaries of the district with respect to individual parcels of land. The town shall charge the owner(s) for part or all of the costs associated with this study and investigation.

Prohibited use and uses that require a special use permit are defined in the zoning use table in article II, section 2.4.

• A. An applicant proposing a use specified in the zoning use matrix as requiring a special use permit must apply to the zoning board of review under the provisions of article I, section l.3.F. The applicant for a groundwater protection district special use permit must prove by clear, convincing and scientifically valid evidence that the proposed use will not result in concentrations of pollutants in the groundwater that will adversely affect the groundwater as a source of potable water. After reviewing the application for a groundwater protection district special use permit, the Exeter zoning board shall either:

  • 1. Approve the application;

  • 2. Deny the application;

  • 3. Approve the application with conditions; [or]

  • 4. Request additional information.

• B. Before review of a special use permit application, the applicant must show evidence of applicable state approval for storage of hazardous materials and petroleum products and for the disposal of waste products.

• C. The applicant for a special use permit shall, at [a] minimum, conform to the following performance and design standards, unless an alternative is proposed that meets the same objective as the standard[s] specified below. The town may specify additional design, construction and operation standards.

• D. Performance and design standards:

  • 1. Interior floor drains designed to allow fluid from any interior space to be discharged into or onto the ground shall be prohibited; provided, however, that such interior floor drains may be permitted if designed to empty into an aboveground storage tank capable of completely containing anticipated flows. Such tanks, if provided, shall also be subject to containment provisions of this section.

  • 2. Storage of hazardous materials and petroleum products shall be located within a building unless it is decided that indoor storage will not meet fire safety standards. The indoor storage shall be within a containment structure that meets the following standards:

    • a. Constructed in a way that prevents the release of hazardous material and petroleum products and constructed of such materials that are impermeable and compatible to the materials being contained;

    • b. The containment structure shall, at a minimum be designed to contain the following volumes:

      • i. For aboveground storage tanks, 100 percent of the capacity of the largest tank; [and]

      • ii. For individual containers, e.g., drums, ten percent of the total volume of the containers or the volume of the largest container.

  • 3. Exterior storage of petroleum products or hazardous materials shall be located in a containment structure that meets the following standards:

    • a. An impermeable base and surrounding dike. Such base and dike shall be constructed of material that is impermeable and compatible with the material being contained.

    • b. The containment structure shall, at minimum, be designed to contain the following volumes:

      • i. For aboveground storage tanks, 100 percent of the capacity of the largest tank; [and]

      • ii. For individual containers, e.g., drums, 100 percent of the total volume of the containers, or the volume of the largest container.

    • c. The containment structure shall be protected by a roof and adequate sides to prevent exposure to precipitation.

  • 4. Drums and storage containers shall be fitted with secure lids to prevent spills or leaks; storage as full as possible to prevent vapors and the chance of an explosion; drip pans shall be placed under spigots.

  • 5. Storage areas shall be inspected monthly, and records of such inspections shall be maintained on-site and available for review.

  • 6. Containers and tanks shall be clearly labeled.

  • 7. Hazardous materials generation and storage areas shall be clearly marked.

  • 8. Venting systems for evaporation or other type of discharge to the atmosphere of hazardous materials shall be designed with a recovery system to prevent the release of contaminated condensate or drips.

  • 9. Areas used for loading and transferring hazardous materials and petroleum products shall have an impermeable surface and a dike to contain accidental spills or leaks.

  • 10. Dumpsters used to store solid wastes shall be covered or located within a roofed area and have drain plugs intact.

• E. Submission requirements:

  • 1. Submit a groundwater protection plan, including the following sections as applicable:

    • a. Hazardous materials and petroleum product management. The proper management and housekeeping of hazardous materials and petroleum products shall be clearly outlined in the plan as follows:

      • i. A complete list and the maximum quantity of all hazardous materials and petroleum products to be handled or stored on the premises at any time;

      • ii. Evidence of a qualified professional supervision in the design, installation, operation and maintenance of facilities or containers to be used for the handling or storage of hazardous materials and petroleum products;

      • iii. Measures proposed to protect all hazardous materials and petroleum product storage containers from vandalism, corrosion, leakage or spillage;

      • iv. Proposed measures to mitigate any potentially adverse impact from hazardous materials or petroleum products on the groundwater;

      • v. Description of the method by which state and local authorities will be notified in case of an accident or spill of a hazardous material or petroleum product that will have a potentially adverse impact on the environment; [and]

      • vi. A schedule whereby periodic proof will be submitted to the zoning inspector (additional copies submitted to the conservation commission) that hazardous materials and petroleum products are managed as stated in the groundwater protection plan.

    • b. Waste management. The groundwater protection plan shall address the following:

      • i. A description of the waste products generated and the projected average and maximum daily volumes that will be generated;

      • ii. A description of the system to collect, store, treat (if necessary) and dispose off-site all waste products other than sanitary sewage;

      • iii. A nutrient loading analysis is required for an individual sewage disposal system proposed to discharge more than 2,000 gallons per day of sanitary sewage;

      • iv. Evidence of qualified professional supervision in the design, installation, maintenance and operation of the waste management system;

      • v. Measure proposed to protect the waste management system from vandalism, leakage, spillage or malfunction;

      • vi. Proposed measures to mitigate any potential adverse impact resulting from the failure of the waste management system;

      • vii. Description of the method by which state and local authorities will be notified in case of a failure of the waste management system that will potentially have an adverse impact on the environment; [and]

      • viii. A schedule whereby periodic proof will be submitted of the zoning inspector (additional copies submitted to the conservation commission) that the waste management system is being used and is operating as stated in the groundwater protection plan.

    • c. A map showing the location of all water bodies, wetlands, storm drains, and public and private wells within 1,000 feet of the property boundary.

    • d. Any other information the town decides is necessary to evaluate the potential for adverse impacts to groundwater quality.

All facilities and structures constructed according to section 7.5 of this ordinance shall be maintained by the owner to ensure their ability to function as designed. Failure to properly maintain said facilities and structure is a violation of this ordinance, subject to enforcement action by the town.

• A. The zoning board clerk shall forward complete applications concurrently to the planning board and conservation commission within 45 days, the planning board and conservation commission must forward recommendations to the zoning board. The zoning board shall not render a decision before receipt and review of the recommendations of the planning board and conservation commission.

• B. Fees will be collected in an amount designated by the town permit fee schedule to cover the actual costs incurred to review an application under the provisions of this ordinance.

• C. All applications for a special use permit within 1,000 feet of the town border will be forwarded by the zoning board clerk to the town council of the adjacent town for review and comment.

• D. When a request for changes to the boundaries of the district through an applicant has been received, accompanied by the adequate documentation to the Exeter planning board, the planning board shall make a recommendation to the town council within 60 days of the receipt of the request and all advisory opinions. The burden of proof shall be upon the owner(s) of the land in question to verify the location of the boundary. At the request of the owner(s), the town may engage a professional civil engineer, hydrologist, geologist or soil scientist to more accurately determine the boundaries of the district with respect to individual parcels of land. The town shall charge the owner(s) for part or all of the cost associated with this study and investigation.

If any provision or section of this ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such determination shall not affect the validity of the remainder of this ordinance.

The farm overlay district (FOD) is a floating zone per R.I. Gen. Laws § 45-24-31(28) which may be applied with the consent of the town council and Town Administrative Officer in the districts, if the parcel or parcels meet the eligibility requirements listed in section 7(a).9, "Eligibility."

(Ord. of 7-7-2025(1))

The Comprehensive Plan for Exeter, finalized in 2024 and titled "Exeter 2044," addresses the mounting challenges that local agricultural operations encounter in sustaining economic viability through conventional farming practices alone. This plan examines adaptive land use strategies designed to integrate complementary agricultural enterprises alongside existing farming activities. Such an approach aims to establish alternative revenue streams that alleviate development pressures, thereby supporting the preservation of Exeter's agricultural lands for future generations while maintaining the town's rural character.

The farm overlay district floating zone (FOD) is designed as a floating zone intended to establish a framework that supports the development of both medium- and large-scale agricultural enterprises. This district aims to facilitate the establishment of businesses that complement primary farming activities and generate supplementary revenue streams. The overarching objective aligns with the preservation of the town's farmlands, as articulated in the Exeter 2044 Comprehensive Plan. The goal of the farm district floating overlay zone is to be broad enough to allow farmers to use their ingenuity to explore business ventures, yet restrictive enough that the character and primary purpose of the farm is preserved and the rural character of the town is protected. The farm district floating overlay zone will set conditions that a farm must meet in order to apply for the floating zone. Eligibility criteria for farms seeking designation under the FOD will be delineated, encompassing parameters such as minimum usable acreage, an established history of active farming spanning at least five consecutive years, adequate property access, and adherence to existing zoning.

(Ord. of 7-7-2025(1))

The purpose of this section is to create sustainable and generational farming by redefining traditional farming such that local farms can be preserved, protected and maintained in the Town of Exeter, consistent with the Exeter Comprehensive Plan as follows:

• • A. To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community.

  • B. Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter, RI.

  • C. Support the merging of modern technology and farm operations with traditional agricultural operations and agri-business.

  • D. Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community.

  • E. Promote agricultural practices that reduce soil erosion, improve water quality, energy efficiency and increase farmland productivity.

  • F. Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations and activities.

  • G. Create new market segments that give farmers flexibility to be financially stable and allow for generational succession.

  • H. To implement a regulatory framework that allows medium- to large scale farms to diversify their operations and generate additional income streams. This system is designed to maintain equilibrium; it gives farmers the ability to innovate and explore entrepreneurial prospects while safeguarding the fundamental functions of farming and the overall rural character of Exeter.

(Ord. of 7-7-2025(1))

• A. Agri-business. Certain farm-related businesses, including but not limited to: Retail sales of locally grown products of agriculture and aqua-culture including processed, cooked, and baked goods made with farm products; farm-to-table dining venues; family events, farmers markets of locally grown and raised products; processing of farm-raised beef, pork, chicken, lamb, game birds, fish as well as all other farm raised animals; fruits and vegetables; the processing of farm-raised crops.

• B. Agri-tourism.

  • 1. Means any agriculturally based operation or activity that brings visitors to a farm. It encompasses a wide range of activities, including direct-to-consumer sales such as farm stands and u-pick, agricultural education through school visits, hospitality services like overnight farm stays, recreational activities such horseback riding and archery, meeting venues and hosting family events, and entertainment events like hayrides and harvest dinners.

  • 2. Agri-tourism benefits surrounding communities by drawing tourists to rural areas, stimulating local economies, and fostering a greater appreciation for agricultural practices and local food systems.

  • 3. Agri-tourism shall further be defined to include the following prohibited uses: Overnight music festivals; tractor pulls; monster trucks, dirt bike, motor cross or ATV competitions; live-fire or ammunition events excepting trap, skeet and clay shooting; carnivals, circus, fairs, or the like; unless an entertainment license is granted by the town council for a specific event.

• C. Family events. Traditional events such as weddings, funerals, birthday or other events where third parties rent a meeting hall or tent on the farm for a defined time. The event shall have a maximum capacity as determined by the fire marshal and have parking sufficient for the maximum capacity. Outdoor amplified music during the event shall not be permitted.

• D. Farm kitchen. A fully licensed commercial kitchen for the preparation for on-site and off-site consumption of farm products such as, but not limited to jams, juices, spreads, meats, aquaculture, vegetables, fruits, berries, wines, beer products and related foodstuffs such as baked goods. Cooking classes and food competitions are permitted. A farm kitchen may not include a restaurant but may prepare and serve food for family events and agri-tourism events.

• E. Farmers market. The sale of locally grown and available products during daylight hours or during special farm events.

• F. Farmland. The applying land has been approved as Farmland pursuant to R.I. Gen. Laws § 44-27-3 for a minimum of five (5) years prior to the date of application.

• G. Farm stand. A seasonal, sheltered area with shelves and counters for displaying and selling locally grown or produced items.

• H. Farm store. A farm store with an on-site kitchen for the retail sale of products grown, harvested, and processed locally. The kitchen must comply with the farm café ordinance. The store prioritizes the farm-to-consumer experience, highlighting local sourcing and production.

• I. Overlay districts. An overlay district is a land use zoning district that overlays existing ones. It can either provide additional support with fewer regulations or impose stricter limits, depending on its intent and the specific needs of an area that may require greater protection. Per R.I. Gen. Laws § 45-24-31(55), an overlay district is a district established in a zoning ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts, consistent with other applicable state and federal laws. Another type of overlay district is a "floating" overlay zone, which, according to R.I. Gen. Laws § 45-24-31(28), can operate as an unmapped zoning district adopted within the ordinance and established on the zoning map only when an application for development meeting the zone requirements is approved. Floating overlay districts are not automatically granted as a matter of right; rather, they are subject to specific eligibility criteria, performance standards, and the discretion of the town council. This overlay district is layered atop the existing underlying zoning, serving as an additional regulatory framework rather than a mandatory entitlement. Its approval is contingent upon a thorough evaluation and is not guaranteed.

• J. Restaurant. A full-time venue, open to the general public, solely for dining with waitstaff, tables and chairs.

(Ord. of 7-7-2025(1))

• A. A qualifying farm shall, as a matter of right, be permitted to conduct any of the following provided the conditions of this section of the zoning ordinance is complied. A qualifying agricultural operation may submit a formal request to the town council for designation as a farm overlay district (FOD) district, which functions as a floating zone. This designation permits specific uses, provided that the operation adheres to the eligibility criteria section 7(a).9, constraints, and prohibitions outlined in the following sections 7(a).5, 7(a).6, 7(a).7, and 7(a).8(h): 1. Agri-business; 2. Agri-tourism; 3. Family events; 4. Farmers market.

(Ord. of 7-7-2025(1))

• A. Agri-business retail sales conducted within a building or covered area that measures less than 4,500 square feet of gross floor area (GFA).

• B. Agriculture-related crafts/gifts.

• C. Agricultural technical tours.

• D. Camping/picnicking (combined) limited to tents, no RV or trailers.

• E. Car shows.

• F. Clay bird shooting.

• G. Corn mazes and hayrides.

• H. Crop sign I.D. program.

• I. Cross-country skiing.

• J. Direct agricultural sales.

• K. Educational experiences.

• L. Family events.

• M. Farm stays: Guests stay overnight on the farm.

• N. Farmers markets and farm stands: Selling directly to consumers through farmer's markets or an on-site farm stand.

• O. Farm-to-table dinners for less than 50 people.

• P. Free fishing.

• Q. Garden/nursery tours.

• R. Historical agriculture.

• S. Horseback riding.

• T. On-farm sales.

• U. Outdoor recreation: Limited to hiking, fishing, and birdwatching.

• V. Petting zoos: For farmers with animals and livestock.

• W. School tours.

• X. Tours: Offering guided tours of the farms.

• Y. U-pick operations.

• Z. Wagon/sleigh rides.

• AA. Wildlife viewing and photography.

• BB. Wineries and tasting rooms: Venues that accommodate fewer than 35 patrons at a time.

(Ord. of 7-7-2025(1))

In no event shall any of the following limited uses take place within 500 feet of the front, rear, or side yard set back of the parcel, which may be comprised of multiple lots in common ownership defined by the applicant.

• • A. Events featuring music — Outdoor performances are limited to non-amplified acoustic acts only and must take place between 11:00 a.m. and 8:00 p.m.

  • B. Farm to table dinners greater than 50 people: 1 per week.

  • C. Holiday attractions.

  • D. Hunting/working dog trials/training — Limited to the size of the event.

  • E. Multi-day tournaments — Limited to no greater than 35 participant: 1 per month.

  • F. Sporting events — No greater than ten teams or 35 participants: 1 per month.

  • G. Wedding or event venue — Limited to no greater than 150 people (see Sec. 7(a).8).

(Ord. of 7-7-2025(1))

• A. Carnivals.

• B. Concerts.

• C. Exotic animal farm.

• D. Fee hunting.

• E. Game preserve.

• F. Music festivals.

• G. No motorized events such motocross races, truck pulls or monster trunk exhibitions.

• H. Off-road vehicles.

• I. Tailgating parties.

(Ord. of 7-7-2025(1))

• A. Other agri-tourism agri-business events not otherwise classified.

• B. Permitted or limited uses that surpass the specified limitations on the number of patrons allowed.

• C. Special events, festivals or fairs (excludes any activities or types of farming allowed by state law, statute, regulations, under State of Rhode Island General Law, RI DEM Right to Farm Act, USDA farm operations or Town of Exeter zoning. Current and past farm activities are not affected by this ordinance.

• D. Wedding or event venue greater than 150 people.

• E. Commercial slaughter house.

(Ord. of 7-7-2025(1))

• A. The farmland must have a minimum combined lot size of no less than 75 acres of contiguous land under common ownership; and

• B. The entirety of the farmland shall be located within the RU-3, RU-4 or CR-5 zoning district; and

• C. The farmland shall have access and egress and contain the minimum improved frontage on a town or state roadways; and

• D. The farmland has been in agricultural use and production for the previous five consecutive years with gross sales income from farming of not less than $10,000.00 as verified by the filing of a Schedule F (Form 1040) tax filings "Profit or 296 Loss from Farming" Department of the Treasury Internal Revenue Service or other agricultural tax return filing based on ownership structure (Individual, Partnership, Limited Liability Company or 299 Corporation). Any documentation provided in satisfaction of this subsection shall not be deemed a public record pursuant to R.I. Gen. Laws § 38-2-2(4)(O); and

• E. The farm overlay district floating zone (FOD) shall only apply to those qualifying parcels that the farm owner seeks application thereon.

• F. The agricultural operations of the farmland shall be the primary use of the farm operation.

• G. Notwithstanding the minimum setback required by section 7(a).6, the town council may grant a variance of the minimum setbacks required by this chapter utilizing the criteria stated in RIGL 1956, 45-24-41, as amended, for dimensional variances.

(Ord. of 7-7-2025(1))

• A. An application for a farm overlay district floating zone (FOD) shall provide proof of eligibility meeting all the criteria listed in section 7(a).9. — "Eligibility."

• B. Mandatory application farm overlay district floating zone (FOD): A pre-application meeting with the town administrative officer must be conducted prior to submitting an application to the town clerk.

• C. After a pre-application meeting with the town administrative officer, an application for a farm overlay district (FOD) floating zone may be submitted to the town clerk, who will assess it to determine its completeness.

• D. Applications submitted to the town council for a farm district floating zone (FOD) and the limited uses specified in section 7(a).6 must adhere to the procedures outlined for minor land development applications.

• E. All applications under section 7(a).6 must comply with the minor land development review and approval process.

• F. For a farm overlay district floating zone (FOD) and for limited uses specified in section 7(a).6, the applicant must submit 13 copies of a site plan drafted by a licensed professional engineer in Rhode Island. The plan shall delineate and list all the lots encompassed by the overlay district, designed at a scale adequate to convey all requisite information clearly. It must encompass the following details:

  • 1. Name and address of the proposed development.

  • 2. Name and address of property owner and applicant.

  • 3. Name, address, and telephone number of the person or firm preparing the application plan.

  • 4. Date of plan preparation, with revision date(s) (if any).

  • 5. Graphic scale and true north arrow.

  • 6. Geographic mapping and the specific plat and lot numbers for all parcels designated for inclusion in the farm district floating zone (FOD).

  • 7. Zoning district(s) of the subject property or properties that will underlie the overlay zoning district. If more than one district, zoning boundary lines must be shown.

  • 8. Perimeter boundary line survey of the development, drawn so as to distinguish it from other property lines.

  • 9. Area of the development parcel and proposed structures, parking areas, sanitary facilities, or other supportive and ancillary structures and uses.

  • 10. Location and dimension of existing property lines within or abutting the development parcel, easements, and rights-of-way.

  • 11. Location, width, and names of existing streets within and immediately abutting the development parcel.

  • 12. Names of abutting property owners and property owners immediately across any adjacent streets.

  • 13. Location of wooded areas, structures, and notation of existing ground cover.

  • 14. A map and aerial showing the existing and proposed boundaries, zoning districts/boundaries, and existing streets and roads, their names, and town boundaries where appropriate. This map will be advertised in a newspaper, it should be clear and reproducible.

  • 15. Detailed summary and description of the overlay proposal as it pertains to meeting the intent of the ordinance and consistency with the comprehensive plan.

  • 16. Provide a thorough inventory of all operational activities on the site, including specified operating hours and estimated daily trip counts and attendance numbers for each activity.

  • 17. The design and dimensions of existing and proposed structures, including roadways, parking lots, outdoor exhibits, septic systems, well fields, and their protective zones, shall be clearly defined. Additionally, the plan submission shall accurately outline the locations of all buildings, pedestrian pathways, parking areas, entrances, and connections between different facilities, along with appropriate signage.

  • 18. Provide a comprehensive overview of the property's intended uses, detailing specific areas designated for various functions, including display, operational activities, and the structures to be constructed onsite. The property will be divided into distinct zones.

    • a. **Display Area**: The percentage of the total site and location on the property designed to showcase products and services offered. It will feature exhibits, tents, interactive displays, and informational kiosks aimed at engaging visitors.

    • b. **Operational Area**: The percentage of the total site and location on the property that will facilitate daily business functions for agri-business, agri-tourism, family events, and farmers market, including parking (visitors and staff), and necessary ancillary uses and roadways.

    • c. **Structures**: Detail all structures to be constructed, both permanent and temporary, including: Multi-purpose buildings (include size, height, and design), tents and display areas, offices, restrooms, meeting spaces, storage areas, and outdoor pavilions for events and community activities.

  • 19. Outline the structural components necessary for the buildings and detail the configuration and capacity of parking areas, along with the essential support facilities such as restrooms, storage spaces, and utility areas needed to effectively accommodate and enhance the intended activities.

  • 20. Provide daily visitor projections for proposed activities and evaluate traffic within a half-mile radius, focusing on access routes, safety, and parking, while showing traffic flow to a major arterial roadway.

  • 21. Detail the measures for accessibility, public safety, and adherence to applicable fire and building code standards.

  • 22. Provide an assessment of the site's suitability for effective traffic management, stormwater collection and discharge, and septic waste treatment.

  • 23. Any other information that the town council and/or town administrative officer deems necessary to evaluate the unique conditions of the proposed use or site.

  • 24. The following supplemental information shall be submitted with the plan:

    • a. An aerial photograph of the proposed development area.

    • b. A soil and wetlands map, highlighting prime agricultural soils within the parcel.

    • c. Include the location of wetlands, watercourses, coastal features within 200 feet, areas of agricultural use, historic cemeteries, and unique natural or historic features such as stone walls.

    • d. An area context map showing the site and its 500-foot surroundings, including significant features.

    • e. Base flood elevation data.

• G. Application fee schedule.

  • 1. Preapplication review (town administrative officer): $200.00;

  • 2. Town council application: $500.00 for one meeting, plus the full cost of advertising and a buffer notification;

  • 3. Administrative preliminary application minor land development: $100.00 plus two cents per square foot of gross floor area of proposed buildings and structures;

  • 4. Administrative final application: $100.00 plus two cents per square foot of gross floor area of proposed buildings and structures;

  • 5. The applicant is responsible for all fees associated with project reviews, peer evaluations, and inspections.

(Ord. of 7-7-2025(1))

• A. Town council public hearing. The floating zone shall not be enacted until after a public hearing has been held. The town council shall first give notice of the public hearing by publication of notice in a newspaper that circulates in Exeter at least once each week for three successive weeks before the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed enactment of the overlay district.

The notice shall:

• • 1. Specify the date, time, and place of the hearing.

  • 2. Indicate that the adoption of an overlay district of the zoning ordinance is under consideration.

  • 3. Contain a detailed statement of the proposed overlay district and applicant-specific requests printed once in its entirety or summarize and describe the overlay district being considered and the uses and activities under consideration.

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

  • 5. State that the proposals 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. Any alteration or amendment must be presented for comment during the hearing.

  • 6. At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.

  • 7. The applicant shall send written notice by first-class mail to the owners of real property within 1,000 feet of the perimeter of the property proposed for the overlay district at least 14 days before the date of the town council public hearing.

  • 8. Additional requirements of the printed newspaper notice and mailings include a readable map showing the existing and lot boundaries, the existing and proposed limits of the overlay district zoning district boundaries, the existing streets and roads and their names, and the town boundaries.

• B. Planning board advisory recommendation. The planning board shall undertake a comprehensive evaluation of applications for the overlay district and shall provide an advisory recommendation to the town council regarding eligibility criteria.

• C. Sequencing of applications—Farm overlay district (FOD) floating zone.

  • 1. Preapplication to the town administrative officer as a minor land development request for the overlay district (prerequisite).

  • 2. Formal submission of application to the town council through the office of the town clerk.

  • 3. Scheduled for discussion at the town council meeting for referral to the town administrative officer.

  • 4. Application to the town administrative officer as a preliminary minor land development project: "Request an advisory recommendation on the application for an overlay zone from the Planning Board" for project eligibility, to the town council. The planning board shall issue an advisory recommendation regarding project eligibility to the town council within 45 days of the town council referral.

  • 5. Upon receipt of the planning board's advisory recommendation on eligibility, the town clerk shall schedule a public hearing with the notice and advertisement paid by the applicant.

  • 6. If approved, proceed to submit the final minor land development project for review by the town administrative officer.

• D. Adoption farm overlay district (FOD) floating zone—Power of the town council—Findings, eligibility, and consistency with the comprehensive plan.

  • 1. Following the planning boards advisory recommendation on eligibility, the town council will convene a public hearing to evaluate public input, the advisory recommendations of the planning board, and the stipulations set forth in the minor land development review process, as well as Exeter's Zoning Ordinance and Appendix B of the Land Development Regulations. This includes an assessment of section 1.5 concerning the general purposes of land development and subdivision regulations, section 1.6 regarding consistency with the comprehensive plan, section 7.3 which details performance and development standards, and section 3.5 addressing the required findings for all approvals.

  • 2. The proposed project must meet the eligibility criteria outlined in the farm overlay section and comply with the review standards articulated in the Code of Ordinances.

  • 3. If the town council grants approval, it may impose conditions to protect public health and safety, mitigate nuisances, and ensure compliance with the zoning ordinance and comprehensive plan. During the approval process for the overlay district and the minor land development review, the town council and town administrative officer may also impose necessary stipulations for these purposes.

  • 4. If the application receives approval, the applicant shall return to the town administrative officer for an administrative final minor land development project for the adoption of the overlay district for refinement of the specific design, layout, safety, site design, traffic flow, pedestrian access, landscaping, compatibility with surrounding properties would occur for those activities listed for enhanced review.

• E. Post adoption site design review-farm overlay district (FOD) floating zone. The town administrative officer shall require and approve administratively:

  • 1. The town administrative officer has the authority to review and approve all uses listed in section 7(a).6 under the limited uses category, as determined through a minor land development review. In cases where an application raises unique concerns or deficiencies, the officer may refer the application to the planning board for further evaluation.

    • a. Sufficient parking shall be provided for all uses; preference given to grass-field or other permeable surface parking.

    • b. Traffic details for any event deemed necessary by the town administrative officer.

    • c. The location of all structures and parking areas, minimizing any inconvenience to any abutting properties.

    • d. Referral to the building official and fire marshal for evaluating both permanent and temporary structures. This includes assessing sanitation facilities (restrooms, porta-johns, handwashing stations), temporary tents, compliance with fire safety regulations, food service licensing, and health standards.

    • e. Obtain necessary permits from relevant agencies to ensure compliance with public health and safety regulations.

    • f. A formal referral to the fire marshal to evaluate the circumstances and ensure adherence to fire safety regulations.

    • g. Ensure safe access for pedestrians and vehicles with clear walkways and signage. Provide adequate lighting for pathways, crosswalks, and parking lots, and design routes to accommodate pedestrians with disabilities.

    • h. Manage parking access and traffic flow to minimize local impact. Design should ensure efficient traffic management, reduce congestion, and enhance safety for drivers and pedestrians.

    • i. Dark Sky lighting.

    • j. Any signage.

  • 2. Should the administrative officer deem it necessary, the application may be referred to the planning board, fire marshal, or building official for further evaluation.

(Ord. of 7-7-2025(1))

The farm overlay district does not modify, change or exclude any activities, hunting, or types of farming allowed by state law, statute, regulations, under State of Rhode Island General Law, RI DEM Right to Farm Act, USDA farm operations or Town of Exeter zoning. Current and past farm activities of farms are not affected by this ordinance.

(Ord. of 7-7-2025(1))

The purpose of this section is to establish special conditions and performance standards for the use of communications antennae, antenna arrays, and communications towers, as defined below, that are consistent with the rural and residential character of the town, and consistent with the land uses in the town. The goals of this section include encouraging, where appropriate, the location of antennae on existing structures, and the joint use (co-location) of new and existing towers in order to minimize or mitigate any adverse impact on the town that may result from the location or configuration of communications antenna arrays and communications towers. Every effort shall be made by the applicant to use an alternative tower structure, as defined below. The town shall give due consideration to the municipality's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the locations of towers and antennas.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

• A. Cellular communications antenna array shall mean the antenna or antennae from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may, at the discretion of the the planning board, include no more than 12 antennae in one array and one microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use. A cellular or other communications antenna array may be public or private.

  • (1) Public cellular communications antenna array shall mean any antenna used exclusively for governmental functions and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications array.

  • (2) Private communications antenna array shall mean any antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.

• B. Cellular communications tower shall mean a free-standing structure used for the location of one or more cellular communications antenna arrays. It may, where necessary, include an equipment shelter of no more than 120 square feet in floor area as an accessory use. A cellular communications tower may be public or private.

  • (1) Public cellular communications tower shall mean any tower structure used exclusively for a governmental function and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications tower.

  • (2) Private communications tower shall mean any tower used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.

• C. Co-location shall mean use of a common cellular or other tower or common site by two or more license holders or by one license holder for more than one type of communications technology.

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

• E. Height shall mean the distance measured from ground level to the highest point on a cellular communications tower including the cellular communications antenna array.

• F. Other communications tower shall include broadcast television or radio and other non-cellular telecommunications towers. This use includes above grade towers, including self-supporting lattice towers, guy towers or monopole towers or similar structures more than 35 feet in height for communications equipment and principally intended for the transmittal or reception of commercial, governmental, and related radio, television, and similar telecommunication signal of a non-cellular nature.

• G. Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

No cellular or other communications antenna array or cellular or other communications tower shall be erected, constructed, altered or maintained on any lot with the town after the date of enactment of this amendment on August 7, 2000, without complying with the terms of this section. Nothing herein shall be deemed to prohibit any previously existing public antenna or cellular communications tower used solely in the exercise of a governmental function. This ordinance does not apply to towers or antennas under 70 feet in height that are owned and operated by a federally licensed amateur radio station operator or used exclusively for receive only antennas.

• • A. A cellular or other communications antenna array may be allowed by special use permit on an existing nonresidential structure within the zones specified article II, section 2.4 of this ordinance, the zoning use table, provided that the height of such cellular or other communications antenna array shall not exceed the height of such existing structure by more than 12 feet if omni-directional or whip type ^[5] antennae are used, and by not more than six feet if direction or panel type antennae are used.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

--- (5) ---

 "Omni-directional" or "whip type antenna" is an antenna designed to receive and/or transmit signals in a 360-degree pattern, up to 12 feet in height or length, and approximately five inches in diameter.

 Directional or panel type antenna is an antenna designed to receive and/or transmit signals in a directional pattern which is less than 360 degrees, typically an are of approximately 120 degrees.

Every cellular or other communications tower or equipment shelter that requires a special use permit for its construction, erection, installation, or mounting pursuant to article II, section 2.4 of this ordinance must be approved as major land development plan by the planning board.

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

• • (1) A building permit is required;

  • (2) An electrical permit is required;

  • (3) Payment of all permit and inspection fees;

  • (4) Proof of ownership of the land upon which a cellular or other communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement;

  • (5) A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular or other communications tower, cellular or other communications antenna array, equipment shelter and any and all other devices and attachment, including electrical wiring cable, wire or other connective materials to and from the antennae to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables, or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables, or connective devices that enter or exist on or along any public street or right of way.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

• A. All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations unless there exists a proven, present emergency effecting the public health, safety, and welfare. The town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions, provided that such facilities shall be subject to compliance with corresponding Federal Communication Commission regulations concerning such emissions.

• B. A cellular or other communications tower shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts an overlay district, the setback distance from such district shall be one and one-half feet for each foot of tower height.

• C. All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.

• D. Equipment shelters shall be obscured from view by trees, shrubs or fences and shall be locked at all times. Contact information for the person to be notified in the event of an emergency shall be posted on site.

• E. The provisions of article II, section 2.5.6 of this ordinance that prohibit more than one non-residential use on a lot shall not apply to antennas and towers.

• F. No cellular communications tower, if otherwise allowed or permitted, shall exceed 125 feet in height without a separate special use permit for excess height. No other communication tower, if otherwise allowed or permitted, shall exceed 500 feet in height without a separate special use permit for excess height.

• G. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the State Building Code as amended form time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with G.L title 23, ch. 27.3, entitled "State Building Codes." Towers must be structurally inspected by a registered engineer every ten years and a certificate of such inspection shall be filed with the building official. 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 ordinance 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. All telecommunication facilities and structures which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the building official. The applicant shall post a bond or cash security with the town treasurer sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

• I. Appropriate camouflaging, landscaping and screening shall be provided for all cellular communications or other antenna arrays except public cellular communications antenna arrays.

• J. Each applicant for an antenna and/or tower shall provide to the planning board an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the town or within one mile of the town border, including specific information about the location, height, and design of each tower. The planning board may share such information with other applicants for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the town, provided, however that the planning board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

• K. The town supports multiple antenna/tower plans in which the users of towers and antennas are encouraged 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.

• L. 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 town have been obtained and shall file a copy of all required franchises with the zoning board of review.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

In addition to all other requirements imposed by this ordinance, an application for a special use permit for a cellular or other communications antenna array or cellular or other communications tower shall include the following information:

• • A. The applicant shall define the area of service and indicate the current coverage capacity.

  • B. The applicant shall show that the proposed facility would provide the needed coverage and/or capacity.

  • C. The applicant shall provide a map or maps, covering the entire town and showing all existing, proposed or planned sites of all carriers including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.

(Ord. of 8-7-00)

In addition to all other applicable provisions of this ordinance, the planning board shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of cellular or other communications tower:

• • A. Applicant has exhausted all reasonable efforts to utilize existing structures for a cellular or other communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.

  • B. Applicant has exhausted all reasonable efforts to avoid the necessity of erecting a new tower, including but not limited to the construction of a permitted structure on which a cellular or other communications antenna array could be placed. Every effort shall be made by the applicant to use an alternative tower structure as previously defined.

  • C. The applicant must demonstrate 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.

  • D. Applicant's proposed tower comports with the height restrictions and/or requirements provided for herein.

  • E. Applicant's proposed tower comports with the use requirements and/or restrictions provided for herein, as well as the uses of the neighboring properties.

  • F. Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.

  • G. Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

The following design standards shall apply to all cellular and other communications antennae arrays and cellular and other communications towers:

• • A. For the erection of a cellular or other communications antenna array on an existing structure, the proposed facility shall preserve or enhance the pre-existing character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

  • B. For the erection of a cellular or other communication tower, the proposed facility shall preserve or enhance the pre-existing character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

  • C. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the planning board. Screening shall not be less than five feet in width, nor less than eight feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty days.

  • D. Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.

  • E. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.

  • F. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

  • G. Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the reviewing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

  • H. There shall be no signs, symbols, flags, banners or other devices or things attached or painted or inscribed upon any tower.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))

• A. Findings. It is a public purpose of the Town of Exeter to achieve and maintain a diverse and balanced community with housing opportunities for residents of all income levels. Through its affordable housing plan, the town has formally committed itself to meeting the 10 percent affordable housing goal established by Title 45, Chapter 53 of the General Laws, the Low and Moderate Income Housing Act (G.L. ch. 45-53) and has specified the strategies and means by which the goal is to be achieved. This section sets forth a regulatory framework that is designed to ensure an adequate supply of housing to serve these needs.

• B. Intent. The affordable housing provisions of this article are intended:

  • 1. To promote affordable housing production in accordance with the goals and policies of the town comprehensive plan's housing element and affordable housing plan;

  • 2. To encourage the development and availability of housing that qualifies as low or moderate income housing as mandated by the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended; and

  • 3. To maintain and enhance the socio-economic diversity of the community through the development of housing for all populations within the Town, including, but not limited to, housing for the resident workforce and housing for special needs populations.

(Ord. of 9-4-07, § 2; Ord. of 12-4-2023(1))

• A. Basic requirement. All affordable units provided created pursuant to this ordinance shall meet the definition of "low or moderate income housing" in article I, section 1.2 of this ordinance. The required minimum term of affordability shall be 30 years.

• B. Eligible occupants. Ownership units shall be occupied by their purchasers as their primary residence and not rented for seasonal occupancy nor rented for any other occupancy except during temporary absences totaling not more than eight weeks in any 12-month period. Rental units may be leased only to households meeting the applicable income restrictions.

• C. Qualification and monitoring. In order to assure that the occupancy and level of affordability of low or moderate-income housing units are maintained over time in accordance with this ordinance and with Rhode Island Housing regulations, the developer shall contract with a monitoring agent appointed by the R.I. Housing Resources Commission for the following purposes:

  • 1. To determine pricing for initial sale, resale, lease or sublease of affordable dwelling units;

  • 2. To qualify purchasers or renters for occupancy based upon household size and income;

  • 3. To assist in the development of a marketing and resident selection plan that meets state and federal fair housing requirements, to be approved by the Planning Board; and

  • 4. To monitor occupancy of the affordable dwelling units to ensure compliance with these requirements.

• D. Long-term affordability. Long-term affordability shall be assured through a land lease or deed restriction, recorded in the land evidence records prior to the sale or lease of the affordable unit, addressing the following items:

  • 1. The basis for calculation of the maximum allowable sales or rental price for the housing unit both initially and on future buyers or renters;

  • 2. Provisions for monitoring and assurance of compliance over time; and

  • 3. Provisions under which the town may exercise a right of first refusal to purchase an affordable unit being offered for sale.

(Ord. of 9-4-07, § 2; Ord. of 12-4-2023(1))

• A. Plan required. The developer of all low or moderate income units created pursuant to this ordinance shall submit an affordable unit marketing and resident selection plan for approval by the planning board prior to its initiation. The plan shall describe how the low or moderate income units will be marketed and potential homebuyers or tenants selected, including a description of the lottery or other process to be used for their selection.

• B. Local preference. Income-blind priority shall be given in resident selection for 80 percent of the inclusionary or other affordable units (rounded down to the nearest unit) to households containing persons currently residing or employed in the town, or persons having children, parents, or siblings who are resident in the town. If the applicant pool of such persons contains a smaller percentage of minority applicants (Native American or Alaskan Native, Asian or Pacific Islander, Black, Hispanic, Cape Verdean) than the statewide percentage, additional minority applicants not qualifying for local preference shall be added to the pool until it reaches the statewide percentage.

(Ord. of 9-4-07, § 2; Ord. of 11-6-2023(1); Ord. of 12-4-2023(1))

Editor's note— An ordinance adopted Nov. 6, 2023, repealed § 9.4, which pertained to inclusionary zoning and derived from Ord. of 9-4-07, § 2.

10.1.1. Purpose. The purpose of this section is to promote development that:

• • A. Incorporates residential, commercial, and public uses in a compact, walkable environment;

  • B. Includes housing units providing long-term housing affordability to low or moderate-income households;

  • C. Reflects traditional New England village development in terms of its physical design, scale, mix of uses, and visual character;

  • D. Supports environmental sustainability by providing for pedestrian access and circulation, compact design, and open space preservation through transfer of development rights; and

  • E. Implements "A Vision for Exeter" as described in the comprehensive plan.

10.1.2 Establishment of a planned village overlay district. Planned village development (PVD) can only occur in the Town of Exeter through the establishment of a planned village overlay district (PVOD) in accordance with the provisions of this article.

• • A. Applications for a PVD may be submitted to the Town of Exeter for land within an existing PVOD or as part of a new district. Applications for a new district shall be accompanied by a proposed comprehensive plan future land use map amendment (if necessary) and a zoning map amendment consistent with the comprehensive plan.

  • B. Where a change to the zoning map is required, application to the planning board for the zoning map amendment shall be accompanied by site plans depicting the proposed development within the full extent of the district. The site plans shall include all information that would be required for a master plan submittal for a PVD major land development project.

10.1.3. Eligibility. Locations eligible for PVOD shall meet all of the following criteria:

• • A. At least one lot within a proposed PVOD shall have adequate frontage on and access to an arterial street as defined in the article I, section 1.2 of this ordinance.

  • B. The location of the proposed PVOD shall be consistent with areas identified as potential village sites in the comprehensive plan.

  • C. For newly proposed PVOD districts, the minimum aggregate lot size shall be no less than ten acres.

  • D. Land that abuts an existing PVOD may also be considered for PVOD zoning change where the property will be integrated by design into the existing PVOD. Where an abutting property may be added on to an existing PVD, there shall be no minimum area requirement for that abutting property.

10.1.4. Permit procedures.

• • A. Any application for PVOD that requires a change to the zoning map shall be reviewed as a major land development project.

  • B. Approval of a PVD master plan submission by the planning board shall be conditional upon subsequent changes to the future land use map and the zoning map to establish the PVOD.

  • C. Where a PVOD is already established on the zoning map, but the development proposed as part of the initial zoning map change was not constructed per the conditions of the approved master plan within the required timeframe allowed by state law, new proposals or revisions to that first proposal shall require review as a new major land development project.

  • D. Any change to restrictions or conditions placed on the original zoning map amendment including, but not limited to, deed restrictions, covenants, maintenance agreements, design standards, and limits on commercial square footage, shall require a formal re-submittal of the master plan.

  • E. Where a PVOD zoning district is already established and substantial construction conforming to the plans approved as part of the initial zoning map change has taken place, applications for additional development or changes within the district that meet or exceed the following criteria shall be submitted as a major land development projects in accordance with the procedures of the land development and subdivision regulations:

    • 1. Any new commercial use with a building footprint that exceeds 4,000 square feet;

    • 2. Any proposed use that requires transfer of development rights;

    • 3. The creation of new development or the expansion of existing development that would increase the amount of parking by more than ten spaces.

10.1.5. Relationship to other sections of the zoning ordinance. Where the provisions set forth in this section of the zoning ordinance govern the procedures or standards found elsewhere in the zoning ordinance that would otherwise apply, including but not limited to those that apply to the underlying districts, the provisions of the PVOD shall govern. Where this section of the zoning ordinance may be silent on procedures found elsewhere in the zoning ordinance, and which are otherwise applicable, those standards found elsewhere in the zoning ordinance shall govern.

(Ord. of 9-27-12, Exh. 1; Ord. of 12-4-2023(1))

10.2.1 Housing affordability. At least one low or moderate income dwelling unit shall be provided for every seven market-rate dwelling units.

10.2.2 Residential density. Residential development within a PVD is intended to provide a diversity of attractive housing types that will serve a range of individuals and families in accordance with the requirements of this subsection. Residential density that is proposed over and above the residential density allowed by right within the underlying district shall also require the transfer of development rights pursuant to section 6.0 of the land development and subdivision regulations.

• • A. The maximum density of residential development for an individual lot within a PVD shall not exceed 15 units per acre. The average density of residential development in the PVOD shall not exceed eight units per acre. Any dedicated open space within the PVOD or on an individual lot shall not be included in these calculations.

  • B. This permitted increase in density is provided as a municipal government subsidy as defined in this ordinance and in R.I. Gen. Laws § 45-53-3.

10.2.3 Maximum floor area. The gross floor area of an individual commercial establishment in the PVD shall not exceed 15,000 square feet, except that a grocery store may be permitted a gross floor area up to 25,000 square feet. Architectural techniques shall be used on larger structures to reduce the impact of massing including varied rooflines and articulation pursuant to the design regulations in section 6.0 of the land development and subdivision regulations.

10.2.4 Public space.

• • A. At least ten percent of the land in a PVD shall be designated as public space as part of the site design, but can remain in private ownership.

  • B. Wetlands may be devoted to public space but shall not be counted towards the minimum public space requirement.

10.2.5. Parking.

• • A. Any application for a PVD shall demonstrate that the development complies with the requirements of the applicable provisions of the article V of the zoning ordinance with the following additions, exemptions or alterations:

    • 1. Any use requiring in excess of 125 parking spaces shall not require a special use permit.

    • 2. As part of a PVD application review, the planning board may allow parking within the front yard setback where the placement of the parking is part of a larger design scheme to enhance the walkability within a village setting.

    • 3. As part of a PVD application review, the planning board may reduce setbacks for parking spaces or aisles where the placement of said parking or aisle is part of a larger design scheme to enhance the walkability within a village setting. Parking spaces less than ten feet from any building shall be separated from the building by raised curb, bumper or wheel guards. The requirements of this subsection shall not be applied to detached single-family dwellings.

    • 4. As part of a PVD application review, the planning board may allow for different buffer configurations and design where connections with the adjacent residential district are designed as part of the PVD.

    • 5. Off-street loading space shall not be part of any area used to fulfill the off-street parking requirement associated with the intended use of the land unless approved by the planning board as part of a PVD application and where the use of the parking area is consistent with the goal of creating a walkable village setting.

  • B. An applicant for a PVD may propose that all or a portion of parking associated with residential or commercial use will be located off-site. The planning board may allow off-site parking on a lot of different ownership to be counted for a given operation provided that a covenant or easement between property owners is presented in advance of final plan review. Off-site parking shall be within 500 feet of the front entrance of the use it is proposed to serve as measured along an easily accessible and well-lit pedestrian pathway.

  • C. The planning board may require, within the PVD review process, that an applicant provide justification for the number of proposed parking spaces. Analyses provided by the applicant may include, but shall not be limited to, shared parking or off-site parking analyses, case study data of similar uses, or the use of parking space management measures such as enforceable time limitations, fees, or parking limitations for employees.

(Ord. of 9-27-12, Exh. 1; Ord. of 11-6-2023(1) ; Ord. of 12-4-2023(1))

10.3.1. TDR required. TDR is required where an application for PVD would increase the amount of residential development beyond what is allowed in any of the underlying districts.

10.3.2. Applicability.

• • 1. Areas of the Town of Exeter that qualify as potential sending areas include undeveloped or agricultural lots within the B, RE-2, RU-3, RU-4 and CR5 districts.

  • 2. Districts that qualify as potential receiving districts for development rights include approved PVODs.

  • 3. Where a lot is partially contained within either a sending area or a receiving area, only the portion of the lot contained in such area may be used for the purposes of establishing or landing development rights respectively.

10.3.3. Authority. The certification or transfer of development rights may only be approved through application to the planning board according to the procedures and standards provided in this article X of the ordinance and related provisions in the land development and subdivision regulations. A person or party proposing only to determine the development rights and vest those rights in a certificate of development rights shall apply for TDR sending area land development project approval with the planning board in accordance with section 6.0 of the land development and subdivision regulations.

(Ord. of 9-27-12, Exh. 1)

11.1.1. Solar energy facilities.

• A. Purpose. The purpose of this section is to regulate the installation of solar energy facilities by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such facilities that address public safety, minimize impacts on scenic, natural and historic resources and are compatible with the town's comprehensive plan.

• B. Applicability. The provisions of this section shall apply to placement, design, construction, operation, monitoring, expansion and/or repair or removal of any solar energy facility in the Town of Exeter.

• C. General requirements. All solar energy facilities shall comply with the following requirements.

  • 1. Location. Solar energy facilities shall be allowed in accordance with section 2.4.1 of the Town of Exeter Zoning Ordinance Use Tables.

  • 2. Building permit and inspection. No solar energy facility shall be constructed, installed, or modified without first obtaining a building permit and such facility shall be subject to periodic inspections as deemed necessary by the building official and/or electrical inspector.

  • 3. Applicants are strongly encouraged to locate solar energy facilities on rooftops, contaminated sites, gravel banks, quarries, and parking lots and in existing industrial zones. To encourage solar development in these locations, the solar land coverage requirement may be increased to 50 percent of the land suitable for development if it can be demonstrated to the planning board that the remaining general requirements in this section can be met and the modification of the solar land coverage requirement would not negatively impact adjacent property owners and is consistent with the Exeter Comprehensive Plan. All other provisions of this ordinance would remain applicable.

  • 4. No individual panel within a ground-mounted solar energy facility shall exceed 12 feet in height. Solar canopies are exempted from this requirement.

  • 5. Proposed site re-grading shall not be excessive and shall be kept to the minimum amount necessary. No removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance. Any topsoil that must be moved shall be stored and stabilized on-site for future use.

  • 6. To the maximum extent practicable, all ground mounted solar installations shall be located so as to take advantage of existing cleared land. Clearing of forest or woodland shall be avoided to the greatest extent practicable.

  • 7. A building mounted solar energy facility shall not exceed the permitted building height as set forth in section 2.4.2.

  • 8. Ground-mounted solar energy facilities shall conform, at a minimum, to the yard setback requirements of the applicable zoning district.

  • 9. Decommissioning. Any solar energy facility which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations. A decommissioning estimate, prepared by a professional engineer registered in Rhode Island, must be approved by the planning board during the preliminary phase of review. Each element of the decommissioning cost estimate must include verifiable source with contact information. Decommissioning shall consist of:

    • a. Physical removal and recycling of all solar energy facility structure, equipment, security barriers, fencing and transmission lines from the site.

    • b. Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.

    • c. Stabilization and re-vegetation of the site in compliance with all state and local laws, regulations, and ordinances necessary to minimize erosion. The site shall be inspected by the Exeter Zoning Inspector and/or his/her designee in coordination with the town planner.

  • 10. Financial surety. Prior to the issuance of a building permit for a medium, large or utility scale ground mounted or solar canopy solar energy facility, an escrow agreement or escrow fund to cover 125 percent of the cost of decommissioning, as approved by the planning board, shall be posted with the Town of Exeter. This surety shall be automatically renewed annually for a minimum of 20 years or for the anticipated life of the solar energy system.

  • 11. Parking and circulation. The applicant shall demonstrate that adequate access and parking are provided for service and emergency vehicles as determined by the planning board in consultation with the fire marshal.

  • 12. Fencing. The applicant shall be required to install a minimum of a six foot fence around the perimeter of the solar energy facility. Barbed wire fencing is prohibited. The fence shall be installed a minimum of eight inches off the ground to allow small animals to pass underneath. Newly installed fences shall be flagged for at least six months to protect both fencing and wildlife. In the instance where the applicant can show that the surrounding area and site do not require fencing for protection or trespass, or to allow agricultural production within the array area, the planning board may waive the fencing requirements. Solar canopies are exempt from this requirement.

  • 13. Applicants must provide a thorough explanation of any transmission lines access or upgrade required as a result of the project, including but not limited to the route starting and end points, potential impacts to street trees, and right-of-way width.

  • 14. Applicants must provide a thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary includes but not limited to location, screening, setbacks and noise impacts.

  • 15. Stormwater management and erosion and sediment control. Every effort shall be made to avoid or minimize changes to existing topography and hydrology. Site alterations must conform to the most recent edition of the RI Stormwater Design and Installation Standards Manual and the RI Soil Erosion and Sediment Control handbook, as well as applicable town regulations. All applicable erosion and sediment controls must be in place prior to construction, including site work, begins.

  • 16. Siting and screening. The solar facility shall be sited and screened to minimize the aesthetic effect of solar facilities on viewsheds within the community. The design shall incorporate landscaping and design elements to visually screen the installation from view of public roads and adjoining properties. Solar installations in residentially zoned districts shall maintain a 200 foot undisturbed vegetated setback from all adjacent properties and roadways. If planting is required within the designated setback due to a lack of natural screening, such plantings shall be a minimum of six feet in height at the time of installation. Solar energy facilities in the B, LB-R, LI, Planned District and PVOD zones shall be required to provide the 200 foot undisturbed vegetated buffer on property lines abutting residentially zoned land. As part of the major land development process the planning board may alter this width or require additional screening elements dependent on site characteristics such as slope, wetland area, existing buffering, etc.

  • 17. Reasonable efforts shall be made to place all utility connections from the facility underground, depending upon appropriate soil conditions, shape, topography of the site, sub-surface conditions, and any requirements of the utility provider.

  • 18. Lighting of a ground-mounted solar energy 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.

  • 19. Solar energy facilities and associated equipment shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allows for such facility.

  • 20. All solar energy facilities shall be designed and located to prevent reflective glare toward any inhabited buildings or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.

  • 21. The applicant is required to provide verification from a landscape architect licensed in Rhode Island at the preliminary stage of review that the landscape buffer is adequate to thoroughly screen the solar energy facility year round. In addition, the required vegetated buffer/screening shall be maintained for the life of the solar energy facility. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the zoning enforcement officer with consultation from the town planner.

  • 22. In any areas of the site where prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resource Conservation Service within the most recent Rhode Island Soil Survey, and where the solar facility or a portion of is proposed the following is required:

    • a. If soils need to be removed from areas of the site for installation purposes, the soils must be stored on site for future reclamation and areas under the panels are to be replanted with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database;

    • b. Siting of the facility overall and individual panels shall keep with the existing contours of the land, and only pile driven or ballast block footing are to be used, so as to minimize the disturbance of soils during installation; and

    • c. Required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database (except as otherwise permitted in this ordinance), with a preference for pollinator-friendly materials to the maximum extent practicable.

• D. Applications for major land development projects. Applications shall include, in addition to the requirements set forth in the town's land development and subdivision regulations, the following items. These items are required for submission in order for the administrative officer to certify the application as complete and place it on an agenda for review at the master plan stage of review and all subsequent stages, unless otherwise specified. The planning board may waive any document requirement it deems appropriate upon written request of the applicant.

  • 1. Class I comprehensive boundary survey site plan including a T-1 topography survey;

  • 2. Property lines and all physical features for the project site;

  • 3. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures that conform to the town's land development and subdivision regulations;

  • 4. A site plan of the solar energy facility showing the proposed layout of the system and any potential shading from nearby structures or vegetation;

  • 5. One or three line electrical diagram detailing the solar energy facility, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices (required at preliminary plan review submission);

  • 6. Documentation/details of major system components to be used, including the energy panels, mounting system and inverter (required at preliminary plan review submission);

  • 7. An operation and maintenance plan which addresses site access maintenance, vegetation management, equipment and fence maintenance and any other maintenance that may be needed to address town requirements imposed as a result of unique site conditions (required at preliminary plan review submission);

  • 8. Proof of liability insurance in an amount approved by the town (required at preliminary plan review submission);

  • 9. Decommission/restoration plan including an itemized cost estimate for the decommissioning and restoration of the site (required at preliminary plan review submission);

  • 10. A copy of the preliminary interconnection feasibility study from the applicable utility company;

  • 11. A zoning certificate for the property on which the solar facility is proposed;

  • 12. The calculated square footage of the proposed solar facility including rows and interspacing between panels to be used to calculate the fee for each stage of review and for the calculation of the coverage area; (required at each stage of review)

  • 13. A project narrative, which shall contain a summary of the proposed facility, a description of the facility's context in relation to the surrounding neighboring land uses and environmental features, and detail regarding the proposed operational characteristics of the solar energy facility, including features concerning the means and methods planned to minimize or avoid off-premises impacts to adjoining land use;

  • 14. A landscape plan, stamped by a landscape architect registered in Rhode Island showing the following information:

    • a. That the land beneath the panels will be reseeded after installation with a grass or low growth vegetation that is listed in the University of Rhode Island's native plan database to the maximum extent practicable;

    • b. Required vegetative buffers are comprised of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials;

    • c. Any areas of buffering or screening required by the planning board.

    • d. Only native vegetation and planting shall be used as screening for solar facilities. Additional landscaping vegetation and plantings must not be conspicuously different than the existing natural vegetation and planting in the project vicinity, both in the types of plants and layout configuration;

    • e. The planning board may allow for exceptions to these requirements in the event that the applicant requests to plant non invasive harvest crops to allow agricultural production within the limits of the solar installation.

• E. To ensure the fulfillment of the requirements of this section, the planning board shall have the authority to require the following:

  • 1. Adjustments to the proposed location of the solar energy facility determined to be necessary to mitigate negative impacts to adjacent properties or impacts to the general public through loss of scenic vistas and/or cultural and/or historic character.

  • 2. The provision of additional landscaping beyond the minimum requirements of this section and the town's land development and subdivision regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent viewsheds, or due to the unique characteristics of the subject property.

  • 3. Submission of an Environmental Community Impact Study (ECIS) in accordance with section 3.4 of the land development and subdivision regulations at the master plan review stage.

• F. Additional requirements for solar energy facilities in all residential zones:

  • 1. Ground mounted solar facilities allowed pursuant to this section shall have a solar land coverage of no more than 15 percent of the parcel on which they are located including existing structures. The planning board may waive this requirement if they find that the parcel and/ or circumstances of the facility are unique and/or would serve a public benefit to allow a higher percentage of solar land coverage, this is including but not limited to contaminated sites, gravel banks and landfills.

  • 2. Any subsequent subdivision of a parcel in residential zone that contains a solar energy facility shall be required to maintain the minimum parcel size on which the facility exists, as well as not exceeding the solar land coverage established in this ordinance.

• G. Additional requirements for solar energy facilities in non-residential zoning districts (B, LR-R, LI, Planned District, PVOD)

  • 1. Ground mounted solar energy facilities in the B, LB-R, LI, Planned District and PVOD zone shall not have a solar land coverage of more than 25 percent of the lot on which they are located, including existing structures.

• H. Additional requirements for solar energy facilities along scenic roadways:

  • 1. Ground mounted solar energy facilities located adjacent to a designated (local or state) scenic highway shall locate the solar facility, including solar panels and any appurtenant structures, out of the viewshed of the scenic roadway.

11.1.2. Procedural Requirements

• A. Building-mounted solar energy facilities.

  • 1. Building-mounted solar energy facilities are permitted in all zoning districts per section 2.4.1 of the Zoning Ordinance.

  • 2. Issuance of a building permit (local and/or state) is required prior to any installation of a building-mounted solar energy facility.

  • 3. All building mounted solar energy facilities adjacent to a scenic roadway (local or state designated) shall place the solar panels and appurtenant structures out of the viewshed from the scenic highway, where possible.

  • 4. No individual panel within a building mounted solar energy facility, shall exceed the permitted building height for the zoning district which the structure the panel is mounted on is located.

• B. Solar canopies.

  • 1. Solar canopies shall be located over parking lots, driveways or walkways.

  • 2. All solar canopies shall meet all applicable zone requirements including but not limited to lighting, setbacks and signage.

  • 3. All medium and large scale solar canopies shall meet the following:

    • a. Major land development project approval from the planning board.

    • b. Applicable general requirements identified in section 11.1.1.C.

• C. Small-scale solar energy facilities.

  • 1. All small-scale solar energy facilities are required to obtain major land development project approval. In addition, all applicable requirements under 11.1.1.C of this section shall apply.

• D. Medium-scale solar energy facilities.

  • 1. All medium-scale solar energy facilities are required to obtain major land development project approval and a special use permit. In addition, all applicable requirements under 11.1 of this section shall apply.

• E. Large-scale solar energy facilities.

  • 1. All large-scale solar energy facilities are required to obtain major land development plan approval and a special use permit. All applicable requirements set forth in section 11.1 of this ordinance shall apply.

• F. Utility-scale solar energy facilities.

  • 1. All utility-scale solar energy facilities are required to obtain major land development plan approval and a special use permit. All requirements set forth in section 11.1 of this ordinance shall apply.

(Ord. of 12-7-15; Ord. of 7-16-18, § 1; Amd. of 9-4-18; Amd. of 2-4-19, § 1; Ord. of 12-4-2023(1))

Compassion center means, as defined in Rhode Island General Laws § 21-28.6-3, a not-for profit corporation, subject to the provisions of Chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possess, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

Marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, to a registered compassion center, or other entity authorized to dispense marijuana.

Marijuana store means any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include compassion centers regulated and licensed by the State of Rhode Island, as defined herein.

Medical marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, for medical purposes, to a registered compassion center, or other entity authorized to dispense medical marijuana.

Non-residential cooperative cultivation means a use of land located in a non-residential zone, or of a building, or a portion thereof, located in a non-residential zone for the cultivation of marijuana by two or more cardholders, as defined in Rhode Island General Laws § 21-28.6-3.

Residential cooperative cultivation means use of land located in a residential zone, or of a building, or portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined in Rhode Island General Laws § 21-28.6-3.

Patient cultivation means marijuana cultivation by a single registered cardholder, as defined in Rhode Island General Laws § 21-28.6-3, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

(Amend. of 10-2-17)

• A. Compassion centers shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A compassion center requires Major Land Development approval by the Planning Board and must meet all of the following requirements:

  • 1. Evidence that the requested use at the proposed location is not within 1000 feet of any property used for school, public or private, playground, play field, youth center, licensed day-care center or any location where groups of minors regularly congregate.

  • 2. The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

  • 3. The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood.

  • 4. The proposed compassion center shall implement the appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.

  • 5. All compassion center uses shall comply with all licensing and permitting requirements of the Town of Exeter and the laws of the State of Rhode Island.

  • 6. The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

  • 7. The proposed compassion center shall provide detailed plans to the Planning Board regarding the disposal of their wastewater from the growing operations, hours of operation, number of employees, parking requirements, signage, lighting and any other items deemed necessary by the Town Planner or the Planning Board as part of the application review process.

  • 8. See section 12.8 of this article, Building requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

• A. Marijuana cultivation centers shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A marijuana cultivation center shall require Major Land Development approval by the Planning Board and must meet all of the following requirements:

  • 1. Evidence that the requested use at the proposed location is not within 1000 feet of property used for school, public or private, playground, play field, youth center, licensed day care center or any location where groups of minors regularly congregate.

  • 2. The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

  • 3. The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood.

  • 4. The proposed cultivation center shall implement the appropriate security measures to deter and prevent unauthorized entrance into the facility and shall ensure that the facility has an operational security/alarm system.

  • 5. The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

  • 6. The proposed cultivation center shall provide detailed plans to the Planning Board regarding the disposal of their wastewater or waste products from the growing or manufacturing operations, hours of operation, number of employees, parking requirements, signage, lighting and any other items deemed necessary by the Town Planner or the Planning Board as part of the application review process.

  • 7. See section 12.8 of this article, Building requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

Reserved.

(Amend. of 10-2-17)

Reserved.

(Amend. of 10-2-17)

• A. Non-residential cooperative cultivation shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A non-resident cooperative cultivation allowed as a special use shall require approval as a minor land development as well as approval of a special use permit. The Planning Board will consider the applications together under unified development review. The documentation required by this ordinance shall be included in the joint application for both approvals. In the case where a non-residential cooperative cultivation is permitted by right, all required documentation shall be submitted to the zoning inspector with the request for a zoning certificate. All non-residential cooperative cultivations shall be subject to the following requirements:

  • 1. A cardholder shall only cooperatively cultivate in one location.

  • 2. No single location shall have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building.

  • 3. The cooperative cultivation shall not be visible from the street or other public areas.

  • 4. A written acknowledgment of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.

  • 5. The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

  • 6. See section 12.8 Building requirements of this chapter.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

• A. Residential cooperative cultivation shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A resident cooperative cultivation allowed as a special use shall require approval as a minor land development as well as approval of a special use permit. The Planning Board will consider the applications together under unified development review. The documentation required by this ordinance shall be included in the joint application for both approvals. In the case where a residential cooperative cultivation is permitted by right, all required documentation shall be submitted to the zoning inspector with the request for a zoning certificate. All residential cooperative cultivations shall be subject to the following requirements:

  • 1. A cardholder shall only cooperatively cultivate in one location.

  • 2. No single location shall have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building.

  • 3. The cooperative cultivation shall not be visible from the street or other public areas.

  • 4. A written acknowledgment of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.

  • 5. The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

  • 6. See section 12.8 Building requirements of this chapter.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

• A. All licensed cultivators, retail stores and compassion centers shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the building official. The building official may grant the application for permits pursuant to the R.I. building code. All licensed cultivators, retail stores and compassion centers shall apply for all required approvals and inspections by the local fire marshal. The fire marshal may grant the application for permits pursuant to the R.I. fire safety code.

• B. Additional Requirements. In addition to the requirements above, the building official or Planning Board shall require the following:

  • 1. The area used for growing shall be secured by locked doors and an alarm system.

  • 2. The area used for growing shall have two means of ingress and egress.

  • 3. The area used for growing shall not be within ten feet of any heating source.

  • 4. The area used for growing shall have proper ventilation to mitigate the risk of mold.

  • 5. The area used for growing shall have carbon filters (or equivalent) installed to reduce odors.

  • 6. No single non-residential location may have more than one medical marijuana facility. For the purposes of this section, location means one structural non-residential building, not units within a structural building.

  • 7. No equipment or process shall be used that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.

  • 8. Storage and disposal of processing waste, fertilizers and any other hazardous chemical associated with the activities of the growing or processing of medical marijuana or medical marijuana products shall comply with all local, state and federal requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

All applications for medical marijuana cultivation centers, marijuana cultivation centers, marijuana stores and/or compassion centers are required to obtain an annual business license from the Town Council. The cost of such license shall be $400.00.

(Amend. of 10-2-17)

Any application for a permit, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this chapter shall not include the term marijuana, cardholder, caregiver, cooperative cultivation or any other term that may indicate that such document is or has been prepared or created pursuant to this chapter.

(Amend. of 10-2-17)

The building official, fire marshal, zoning official and/or other designated official shall be required to report a violation of any of the provisions of this section to the Rhode Island Department of Business Regulation.

(Amend. of 10-2-17)

• A. As an exception to the maximum percentage of lot coverage in zoning district RU-3, the maximum lot coverage for greenhouses used for agricultural purposes and/or agricultural activities for the production of food products for both animal and human consumption shall be 35 percent for Tier III and 25 percent for Tier I and Tier II subject to the requirements set forth below:

  • 1. As a condition precedent to an owner of property located within zoning district RU-3 utilizing area which covers an amount of property in excess of 15 percent lot coverage in the above-referenced manner, the property owner shall provide the Town with the following requirements set forth below prior to obtaining a building permit or final site plan approval for a project which exceeds 15 percent lot coverage:

  • 2. Property owner shall pay a payment-in-lieu-of taxes (PILOT) fee to the Town of Exeter. PILOT fees shall be deposited and held in a restricted account and can be used only for the following expenditures:

    • a. Construction and financing of new town buildings which serve the public.

    • b. Acquisition of property by the Exeter Land Trust for conservation.

    • c. Capital improvements of historical buildings owned by the Town of Exeter.

    • d. Provide matching funds for RIDEM open space and recreation grant programs or other similar grants available to preserve or enhance the town's open space and recreation areas.

    • e. Any expenditure of the restricted PILOT funds shall be approved by a vote of the Exeter Town Council.

  • 3. PILOT fees are calculated as follows:

    • a. Ten Thousand dollars per acre of greenhouse.

    • b. Greenhouses, four acres and under shall be exempt from PILOT fees.

(Ord. of 3-9-23, § 1)

This article shall take effect upon passage and all prior ordinances inconsistent herewith shall be deemed repealed.

(Ord. of 3-9-23, § 1)

If any article, section, paragraph, clause or phrase of this ordinance shall be ruled invalid or unconstitutional by a court of competent jurisdiction, such decision ruling shall not affect the validity of any other article, section, paragraph, clause or phrase of this ordinance.

--- (6) ---

Editor's note— An ordinance adopted March 9, 2023, amended App. A by adding a new Art. XIII. At the editor's discretion, former Art. XIII has been renumbered as a new Art. IX.