Town of Jamestown Zoning Ordinance

In accordance with G.L. 1956, tit. 45, ch. 24 as amended and as may hereafter be amended, the Rhode Island Zoning Enabling Act of 1991, Rhode Island General Laws, G.L. 1956, §§ 45-24-27—45-24-72 (the "Act"), and by virtue of the authority conferred by the Town of Jamestown Home Rule Charter, the Zoning Ordinance of the Town of Jamestown is hereby amended in its entirety to read as follows:

(Ord. of 2-3-2025(1), § 1(Exh. A))

The regulations set forth in this chapter are made in accordance with the Comprehensive Community Plan of the Town of Jamestown (pursuant to G.L. 1956, §§ 45-22.2-3 and 45-24-29) for the purpose of promoting the public health, safety, morals and general welfare of the citizens of the Town of Jamestown and assist the Rhode Island General Assembly in its duty to provide for the conservation of the natural resources of the state and to adopt all means necessary and proper by law for the preservation, regeneration and restoration of the natural environment of the state in accordance with sections 16 and 17 of article 1 of the constitution of the State of Rhode Island. These regulations are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of the land; to avoid undue concentrations of populations; to provide for the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

In addition, these regulations shall address 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 and reflecting current and expected future needs;

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

    • a) The goals and patterns of land use contained in the comprehensive plan;

    • b) The natural characteristics of the land, including its suitability for particular uses based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

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

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

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

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

    • 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 or areas therein;

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

  • 7) Provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and 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;

  • 9) Provide opportunities for the establishment of low- and moderate-income housing;

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

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

  • 12) Promote implementation of the comprehensive plan;

  • 13) Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality;

  • 14) Provide for efficient review of development proposals, to clarify and expedite the zoning approval process and provide for the procedures for the administration of the ordinance from which this chapter is derived, including, but not limited to, variances, special use permits and, where adopted, procedures for modifications.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Drafting and adoption of the ordinance from which this chapter is derived is consistent with the Town of Jamestown comprehensive community plan adopted June 18, 2014 and as amended April 6, 2015, pursuant to G.L. 1956, ch. 45-22.2. In the instance of any uncertainty in the construction or application of any section of this chapter, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The use of any land or the erection, modification, enlargement or use of any building, structure or sign shall conform to all applicable provisions of this chapter.

Every building, structure or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following words [terms] shall have the following meanings [in this chapter]:

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

Active recreation. Leisure time activities, usually of a more formal nature, often requiring equipment and taking place at prescribed places, sites, or fields. A higher level of amenities at a site, and/or a modification to the natural environment are usually connected to active recreation. It includes tennis and other court games, baseball and other field sports, and playground activities.

Accessory building. Any building which is customarily incidental and subordinate to the principal building and does not share a common wall or roof with the principal building. An accessory building shall be located on the same zoning lot as the principal building.

Accessory dwelling unit (ADU). A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. (See section 82-1201- Accessory dwelling units)

Accessory structure. Any structure constructed or erected which is customarily incidental and subordinate to the principal building. An accessory structure shall be located on the same zoning lot as the principal building.

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

Act. Rhode Island Zoning Enabling Act as set forth in G.L. 1956, § 45-24-27 et seq.

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

Adult business. Any restaurant, bar, nightclub or private or nonpublic association which employs topless waitpersons and/or presents nude or seminude entertainment or other erotic forms of entertainment. Also, any establishment which shows, rents, sells, promotes, displays or advertises pornographic material in any format.

Affordable housing. Residential housing that has a sales price or rental amount that is within the means of the household living in it. (See low- and moderate-income housing for the State of Rhode Island's definition of what legally counts as "affordable" housing.)

Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

• Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the ordinance [this chapter]; or

• Anyone requiring notice pursuant to the act.

Agricultural structure. A structure which is reasonably necessary to the conduct of on-site working farms. "Agricultural structure" includes, barns, sheds, silos and other similar structures.

Agricultural land. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the soil conservation service of the U.S. Department of Agriculture.

Amusement or video arcade. Any place of business where more than five coin-operated mechanical amusement devices and/or electronic video games are located for use by the general public.

Apartment. A residential unit sharing a building and a lot with other units and/or uses; may be for rent, or for sale as a condominium.

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

Application. The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

Aquaculture. The hatching, raising, and breeding of fish or other aquatic plants or animals for sale or personal use.

Assisted living facility. A non-institutional shared living environment which integrates shelter and service needs for functionally impaired and older persons who can maintain a semi-independent lifestyle and who do not require constant supervision or intensive health care as provided by an institution. Each congregate unit has its own bedroom and may have a separate and shared living room, kitchen, dining area or bathroom.

Attached (structure). Any structure that is attached to another structure by a common wall. Structures connected by an "I" beam, breezeway, landscape structure or similar connections are not considered attached.

Attic. The interior part of a building contained within the sloped roof of a structure.

Bed and breakfast home. A single building or part thereof used only for residential lodging, occupied by the owner thereof, and made available on an overnight basis for transient guests for compensation, and which adheres to the standards in section 82-1202.

Bedroom. A room furnished with a bed or intended primarily for sleeping.

Bioretention facility. An engineered landscaped depression generally planted with native plants and trees designed to capture and infiltrate stormwater runoff and protect water quality through the use of specified soils, and subsurface drainage/infiltration structural elements.

Bioswale. An extended rain garden or bioretention facility with a linear design that can convey stormwater runoff like a conventional swale but can also provide water quality treatment.

Block. The aggregate of private lots, passages, rear alleys and rear lanes, circumscribed by thoroughfares.

Boat and ship storage (non-commercial). (See section 82-706, Parking or storage of commercial and major recreational equipment) The storage of all boats excluding dinghies, prams, kayaks, canoes, rowboats or the like, and any boat 15 feet in length or under.

Bog. A bog shall be a place where standing or slowly running water shall be near or at the surface during normal growing season and/or where a vegetational community shall be made up of one or more of, but not limited to nor necessarily including all of, the following: blueberry, cranberry (Vaccinium), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picea mariana), bog aster (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Caryx), [and] bog cotton (Eriophorum).

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

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

Buildings of value. Buildings identified in Historic and Architectural Resources of Jamestown, Rhode Island by the Rhode Island Historical Preservation and Heritage Commission, 1995. Also, buildings of similar age, style, and architectural character shall be determined to be buildings of value. Buildings of value shall become such only after amendment to the zoning map of the Town of Jamestown per section 82-1104 A.2. (Note: The town has not currently identified any buildings of value. This definition is a placeholder should the town choose to pursue a buildings of value program.)

Building height. (see also "height" definition in section 82-104.2) For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• • (i) The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

  • (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

By right. Characterizing a proposal or component of a proposal for a site plan that complies with this Code and is permitted and processed administratively, without public hearing. See "special use permit" and "variance."

Cannabis establishment. A cannabis cultivator, cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer or any other type of licensed cannabis-related business as defined under § 21-28.11-3 of the Rhode Island Cannabis Act.

Capacity or land capacity. The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation.

Civic. The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking.

Civic building. A building operated by not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the legislative body.

Coastal features. A prominent part or characteristic of the land near the ocean shore. Includes coastal beaches, dunes, barrier beaches, wetlands, cliffs, bluffs, banks, and manmade shorelines.

Coastal wetlands. Coastal wetlands include saltwater marshes and freshwater or brackish wetlands contiguous to saltwater marshes. Areas of open water within coastal wetlands are considered a part of the wetland.

Salt marshes are areas regularly inundated by saltwater through either natural or artificial watercourses and where one or more of the following species predominate: smooth cordgrass (Spartina alterniflora), salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi), saltworts (Salicornia spp.), sea lavender (Limonium carolinianum), saltmarsh bulrush (Scirpus spp.), [and] high tide bulrush (Iva frutescens).

Contiguous freshwater wetlands are those wetlands which border directly on salt marshes or brackish wetlands and which, except for size limitations, meet the definition of bog, swamp, or pond under the Rhode Island Freshwater Wetlands Act (G.L. 1956, § 2-1-18-24 et seq.). All contiguous freshwater wetlands are protected by this chapter, regardless of size.

Contiguous brackish wetlands are those wetlands which border directly on salt marshes and where one or more of the following species predominate: tall reed (Phragmites communis), tall cordgrass (Spartina pectinata), broadleaf cattail (Typha latifolia), narrowleaf cattail (Typha angustifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus americana), creeping bentgrass (Agrostis palustris), sweet grass (Hierochloe odorata), [and] wild rye (Elymus virginicus).

Commercial recreation facilities. A recreational or fitness activity carried out for profit and generally conducted within a building or substantial structure. May include activities such as small gyms or personal training centers, yoga or Pilates studios, swimming pools, indoor tennis courts, recreation halls, etc.

Common ownership. Common ownership means either:

• Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or

• Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

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

Whenever six or fewer children or adults with developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq.

All requirements pertaining to local zoning are waived for these community residences;

A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq.;

A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to G.L. 1956, § 42-72.1-1 et seq.;

A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Compact cottage development (CCD). A residential development that is authorized pursuant to section 82-1203 of this chapter and complies with all of the design standards therein.

Comprehensive plan. The comprehensive community plan of the Town of Jamestown adopted and approved on June 18, 2014, pursuant to chapter 45-22.2 of the Rhode Island Zoning Enabling Legislation Act of 1991.

Condominium. A unit in a multiunit complex of real property established in accordance with the Rhode Island Condominium Act (G.L. 1956, § 34-36.1-1.01 et seq.).

Conservation development. A residential land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. See Jamestown Subdivision and Land Development Regulations.

Conventional subdivision. A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way. Not a conservation development.

Conventional yield plan. A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of single-family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account the presence of physical constraints to development, such as wetlands, or other land unsuitable for development.

Cooking facility. Any apparatus that is constructed, installed, or otherwise established for the purpose of preparing meals.

Critical electric infrastructure (CEI). Electric utility transmission and distribution infrastructure, including, but not limited to, substations, transmission towers, transmission and distribution poles, supporting structures, guy-wires, cables, lines and conductors operating at voltages of 13.8 kV and above and associated telecommunications infrastructure. CEI also includes all infrastructure defined by any federal regulatory agency or body as transmission facilities, and transmission lines and associated equipment generally operated at voltages of 100 kV or higher.

Day care—Day care center. A facility that provides for the care of children or adults. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. Of those receiving care, only dependents of an attendant adult living at the site may reside there. This excludes any family day care home.

Day care—Family day care home. Any home, other than the home of the individuals being cared for, in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

Days. Calendar days.

Debris. The remains of broken or discarded machinery and structures, and their contents. Also refers to the accumulation of unused construction material, excavating and natural materials.

Deck. A porch or other structure which is open to the outdoors, whether or not attached to the primary structure.

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

Development. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use (from one use category to another), or alteration or extension of the use, of land.

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

• A change in use at the property where no extensive construction of improvements is sought;

• An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought;

• An adaptive reuse project located in a residential zone which results in less than nine residential units;

• Institutional development for educational or hospital facilities;

• Any substantial modification of a municipal property;

• Any development proposals specifically designated for DPR specific to individual districts or uses including, but not limited to, the Jamestown Village Special Development District, the High Groundwater Overlay, and wind energy facilities;

• Proposal for any new multi-family residential building;

• Accessory structures exceeding 1,000 square feet of gross floor area;

• Exterior addition with a gross floor area of more than 500 but less than 1,000 square feet;

• Development within RR-200 Zoning District.

District. See "zoning use district."

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

Drive-in restaurant (no alcoholic beverages). Any lot or structure used for selling, dispensing, or serving food, refreshments, or nonalcoholic beverages to persons in automobiles, or where the consumption of food, refreshments, or nonalcoholic beverages in automobiles is permitted although customers may also consume the food, refreshments, or nonalcoholic beverages on such lot or in such structure.

Driveway. A vehicular lane within a lot, often leading to a garage.

Duplex. See "dwelling - Two household."

Dwelling - Two household. A building containing two households where each dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

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

Earth removal. The removal or extraction for sale of any rock, stone, sand, gravel, loam, topsoil, or other earth or earth products from a lot or plot of land or part thereof; not including the process of grading, or excavation on a lot preparatory to the construction of a structure or street.

Elevation. In the context of building form, elevation refers to any exterior wall of a building other than a façade.

Emergency counseling service. A facility designed to accommodate drop-in specialized care services for adults, children and adolescents experiencing a psychiatric or substance abuse emergency. Services may include initial psychiatric assessment, medication, nursing, psychiatric evaluations, individual therapy, and substance abuse counseling, but may not include overnight stays.

Encroach. To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public frontage, or above a height limit.

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

Façade. The exterior wall of a building that is set along a frontage line.

Family. Two or more persons related by blood, marriage, or other legal means. See also "household."

Farm, crop and nursery. Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture or forestry, or as the definition of agricultural operations related to such crops may be amended from time to time in G.L. 1956, § 2-23-4 entitled "The Rhode Island Right to Farm Act."

Farm, livestock. Any commercial enterprise which has as its primary purpose dairy farming, or the raising of livestock, furbearing animals, poultry or bees, or as such definition of Agricultural Operations related to such livestock may be amended from time to time in G.L. 1956, § 2-23-4 entitled "The Rhode Island Right to Farm Act."

Fishery equipment. Equipment including, but not limited to, lobster pots and traps; nets and netting; ropes; fishing spears, rakes, shovels, and other stabbers, diggers, and scoopers; buoys; and other such related equipment designed for fishing or aquaculture use.

Floating zone. An unmapped zoning district adopted within the ordinance from which this chapter is derived which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

Floodplain or flood hazard area. An area that has a one percent or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 USC 4011 et seq.].

Floor area, net. The actual area which can be occupied, not including accessory unoccupied areas or thickness of walls.

Floor area. The sum of the gross horizontal areas of the several stories and basement of a building measured from the exterior faces of the exterior walls or from the centerline of party walls. Included in such calculation shall be any interior balconies and mezzanines, elevator shafts, and enclosed porches. The floor area of accessory structures on the same lot shall also be included.

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

Frontage. The area between a building façade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage.

Frontage line. A lot line bordering a public frontage. Façades (defined herein as any exterior wall of a building that is set along a frontage line) define the public realm and are therefore more regulated than the elevations facing other lot lines. (See Table 6-2._

Fuel service station. Buildings/structures and lots where gasoline, electricity, hydrogen and other vehicle fuels, along with oil, grease, batteries, tires, and automobile accessories, are sold at retail.

Gambling. Playing of a game of which the outcome is uncertain, for money or other stakes. Any kind of gaming or wagering.

Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building.

Green roof. A roof partially or completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. (Syn: eco-roof, living roof, greenroof)

Gross leasable floor area (GLFA). The total floor area, measured as stated in [the definition] "floor area," of a building designed for occupancy and exclusive use by a tenant, including mezzanines and upper floors, if any, and excluding stairs, elevator shafts, air shafts, public toilets, and utility and mechanical equipment areas which are used solely for the maintenance of the building.

Groundwater. Water located beneath the surface of the earth in spaces between soil particles and cracks within bedrock which are completely saturated.

Habitable floor area. For purposes of compact cottage development (CCD), the accessible floor area measured from the interior walls of a dwelling unit excluding the following:

• Unheated storage space located under the main floor of the dwelling unit;

• Architectural projections, such as bay windows, fireplaces or utility closets no greater than 18 inches in depth or six feet in width;

• Attached porches (unenclosed);

• Detached garages or carports;

• Spaces with ceiling height of five feet or less measured to the exterior walls.

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

Hardship. As set forth in G.L. 1956, 45-24-41, [hardship] is the standard a petitioner must demonstrate in order to be granted a Use Variance from the requirements of this chapter.

Hazardous or toxic material. Any substance or combination of substances which, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health. Any substance considered a hazardous or a toxic waste under section 3001 of the Resource Conservation and Recovery Act of 1976, 40 CFR 26, as defined under the G.L. 1956, § 23-19.1-1 et seq. as amended, as defined by 40 CFR 116 pursuant to section 301 of the Federal Clean Water Act and subsequent amendments thereto, or as defined by section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1989 (42 USC 9605), as amended, shall also be considered hazardous under this chapter.

Heavy equipment sales or rentals. The use of any building, land area, or portion thereof, for the display and sale or rental/lease of tractors or construction and heavy equipment, including incidental parking and servicing of associated vehicles and equipment.

Height, wind turbine. The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point or blade-tip height. This measure is also commonly referred to as the maximum tip height (MTH).

Heliport and/or helistop. Any private or public area used for the landing and/or taking off of a helicopter and/or similar airplane vehicle engaged in personal and/or business operations of a person, association, organization or legal entity for the receipt or discharge of passengers, cargo or any other material or products, but not including emergency response or law enforcement helicopter or airplane vehicles used for emergency, rescue and/or law enforcement purposes.

Historic district or historic site. [The term] "historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to G.L. 1956, § 42-45-5. Historic site means any real property, manmade structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to G.L. 1956, § 42-45-5.

Home occupation. Any activity customarily carried out for economic gain by a resident which meets the standards of section 82-1210.

Hotel. A building or buildings containing lodging rooms, a common entrance lobby, halls, and stairway; and where lodging rooms do not have a direct egress outdoors, except for emergencies; and where more than 50 percent of the lodging rooms are for rent, with or without meals, to transient guests for a continuous period of less than 30 days.

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

• A family, which may also include up to a maximum of three unrelated persons, including servants and employees living with the family; or

• A single person or up to a maximum of three unrelated persons living together.

Impervious surface coverage. Includes paved driveways, concrete surfaces, rooftops, basketball courts, accessory structures such as sheds, and any other surfaces that restrict water from infiltrating into the ground. Gravel driveways, walkways and patios constructed using permeable pavements are not included as impervious areas.

Impervious layer. Consists of category 9 or 10 soils as defined by the Rhode Island Department of Environmental Management (RIDEM) and shall be as determined by a RIDEM licensed Class IV Soil Evaluator.

Inclusionary housing agreement. An agreement recorded in the town's land evidence records describing how the developer will comply with the provisions of article 16.

Inclusionary unit. An affordable housing unit, as defined in this chapter.

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

Kitchen. A living space including a range with either burners or cook-top with the exclusion of cooking devices such as microwave oven or hot plates and a sink.

Land development project. A project 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 and/or conservation development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this chapter.

Land suitable for development. Land suitable for development means any land area other than land unsuitable for development.

Land unsuitable for development. [Land unsuitable for development] means land which has environmental constraints or physical constraints to development and shall be defined as follows:

• • 1) Wetlands as defined in G.L. 1956, § 45-22.2-4 (wetland, coastal) G.L. 1956, § 2-1-20 (wetland, freshwater), and as the same is or may be from time to time amended, and in any rules or regulations adopted pursuant thereto. For the purposes of delineating suitable land for the computation of the maximum number of dwelling units, land encompassed by any Rhode Island setback requirement, need not be excluded from consideration as developable land area.

  • 2) Land located within special flood hazard area (SFHA) as defined in section 82-104.2 herein or shown on the Newport County flood insurance rate map, and any revisions thereto.

  • 3) An area of the tract proposed to be developed equal to 20 percent of that portion of a tract which is located in an R20 District; ten percent of that portion of a tract which is located in an R40 District; and five percent of the portion of a tract which is located in an RR80 District, as an allowance for public streets or in the alternative the area of any public street rights-of-way actually designed for the proposed project in accordance with applicable subdivision regulations

Layer. A range of depth of a lot within which certain elements are permitted. See Table 11-1.

Lot. [Lot means] either:

• The basic development unit for determination of lot area, depth, and other dimensional regulations; or

• A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

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

Lot coverage. That portion of the lot that is or may be covered by buildings and accessory buildings and accessory structures. See section 82-703.

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

Lot 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:

• Front. The lot line separating a lot from a street right-of-way;

• Rear. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

• Side. Any lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on the determination of the front lot line.

Lot, through. A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

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

Low- and moderate-income housing. Also referred to as "LMI housing." 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 to low or moderate income households. In the case of dwelling units for sale, this means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief, and insurance constitute no more than 30 percent of the gross household income for a household with less than 120 percent of area median income, adjusted for family size. In the case of dwelling units for rent, this means housing for which the rent, heat, and utilities other than telephone constitute no more than 30 percent of gross annual household income for a household with 80 percent or less of area median income, adjusted for family size. LMI housing will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program, but that is not less than 30 years from initial occupancy.

Major recreational equipment. See "recreational equipment, major." See section 82-706.

Major repair (of an OWTS). Any work performed on an OWTS, excluding minor repairs, to a system.

Marina. A waterfront facility providing mooring and/or dockage space for recreational pleasure boats; which may also provide other services such as launching ramps, fuel, repairs, sales of boats and accessories, boat haul-out facilities and personal services.

Marsh. A place where a vegetational community shall exist in standing or running water during the growing season and/or shall be made up of one or more of, but not limited to nor necessarily including all of the following plants or groups of plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains (Alismataciae), burreeds (Sparganiaceae), pondweeds (Zosteraceae), frog's bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), [and] buttonbush (Cephalanthus occidentalis).

Mere inconvenience. As set forth in G.L. 1956, § 45-24-41, the standard which a petitioner must demonstrate in order to be granted a dimensional variance from the requirements of this chapter.

Meteorological tower, temporary (met tower). A temporary tower equipped with devices to measure wind speed and direction, to determine how much electricity a wind energy facility can be expected to generate. This is not considered a wind energy facility.

Minor modification. Alteration to a building that includes one or more of the following:

• • 1) That is valued at less than 50 percent of the replacement cost of the entire building;

  • 2) New construction of single-family homes;

  • 3) Less than 50 percent alteration of a building exterior;

  • 4) Less than 50 percent alteration of street façade;

  • 5) Expansion of use which requires 15 or fewer net new parking spaces.

Minor repair (of an OWTS). Any work performed on an OWTS involving the repair, replacement or upgrade of the building sewer, septic tank or distribution box and/or the installation of inspection ports and/or effluent filters on septic tanks.

Mixed use. A mixture of land uses and/or occupancies within a single development, building, or tract.

Mobile home. A transportable, single-family dwelling unit suitable for year-round occupancy with or without a permanent foundation and having a water supply and waste disposal system comparable to immobile housing. A mobile home is designed to be transported on streets and highways on its own wheels and to arrive at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on racks or permanent foundations, and connection to utilities and water supply and waste disposal systems. Removal of wheels and/or axles shall not change its status as a mobile home.

Modification. Permission granted and administered by the zoning enforcement officer for a dimensional variance other than lot area requirements from this chapter to a limited degree as set forth in section 82-309.

Moped. Motorized multi-wheel vehicles which are or may be propelled by human power and/or motor power, or by both, and which have motors/engines not more than 1.5 brake horsepower or two (S.A.E.) horsepower, and not more than 50 cc displacement, and which are capable of a maximum speed of not more than 30 miles per hour.

Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping units and designed primarily for transient automobile travelers, and providing for accessory off-street parking facilities and which may include one dwelling unit for a bona fide caretaker or operator. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar terms.

Multifamily dwelling structure. A small-scale single building upon a single lot, used exclusively for residential purposes, and housing not less than three nor more than four dwelling units. Permitted accessory uses include storage, laundry, and recreation facilities for use of tenants of the building, and such other accessory uses as are commonly permitted in the district.

Multifamily dwelling project. A large-scale complex of two or more duplexes or multifamily dwelling structures located upon a single lot which are planned, developed and managed as a unit, with required open spaces, recreation areas, off-street parking and related accessory uses.

Municipal subsidy. Assistance the town provides for construction or rehabilitation of low- and moderate-income housing to encourage the creation of that housing, and to mitigate the cost of the development, pursuant to G.L. 1956, § 45-53-3(5). Municipal subsidies may include, but are not limited to, density bonuses, permission to construct multi-unit dwelling structures where not otherwise permitted, payments from the Town's restricted account containing fees in lieu of construction to not-for-profit developers for the creation of additional low and moderate income dwelling units, waiver of impact fees, waiver of growth control regulations, and property tax reduction.

New individual sewage disposal system (OWTS). The installation of an OWTS on property where none had previously existed.

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

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 this chapter shall be nonconforming by use; or

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

Nursing or convalescent home. An establishment which provides full-time convalescent or chronic care for the aged or infirm. No intensive care treatment commonly provided in hospitals shall be provided in such a home.

Office, general commercial. A commercial establishment in which the principal use is a personal or professional service, and which does not include the sale of commodities at wholesale or retail. Included in the definition of office are medical, insurance, finance, law, engineering or similar professional services.

Official zoning map. See "Zoning map."

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

Onsite wastewater treatment system (OWTS). Any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

Ordinance. See "zoning ordinance."

Original grade. The level of the top of the geologically deposited mineral surface. This specifically excludes soil deposits which have been placed as fill and/or do not exhibit soil structure.

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

OWTS. See "onsite wastewater treatment system."

Passive recreation. Any leisure time activity not considered active. [Passive recreation] includes bird watching, photography, hiking, walking, beachcombing, swimming, fishing, picnicking, bicycle riding and cross-country skiing.

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

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

Personal services. Establishments that provide non-medical, individual services generally related to personal needs. May include laundry or dry cleaners (pickup only, no plant), self-service laundromat, mortuary or funeral home, beautician, barber, shoe repair, and similar services.

Personal watercraft. A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional method of sitting or standing inside the vessel.

Pet grooming. An establishment where domestic pets, (dogs and cats) are groomed and washed and may include the ancillary sale of products related to the service, but does not include any associated kennel, overnight accommodations, obedience training, pet walking or pet food sales.

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

Pond. A place, natural or manmade not less than one-quarter acre in extent, where open standing or slowly moving water shall be present for at least six months a year.

Planning commission. The body established by the Town of Jamestown which has the responsibility, among other things, to prepare a comprehensive plan and make recommendations concerning that plan to the town council.

Pre-application conference. A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

Principal building. The main building on a lot, usually located toward the frontage.

Principal entrance. The main point of access for pedestrians into a building.

Principal frontage. On corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the second and third layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner Lot. (See frontage)

Principal use. The primary or predominant use of any lot, building or structure, as distinguished from an "accessory use."

Private frontage. The privately held layer between the frontage line and the principal building façade.

Professional office. A facility for professional services, as opposed to retail products, to individuals, business, industry, government, and other enterprises.

Public and semipublic structures. Radio towers, transmissions lines, and other similar structures which are owned by a utility company or other public or semipublic agency.

Public frontage. The area between the curb or edge of the vehicular lanes and the frontage line.

Rain garden. A natural or dug shallow depression generally planted with native plants and trees designed to capture and infiltrate stormwater runoff and protect water quality. (See "bioretention facility")

Recreation hall. An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual or organized sports. Such facility may also provide other regular organized events, health and fitness club facilities, and other support facilities and programs.

Recreational equipment, major. Equipment which includes, but is not limited to, travel trailers, pickup campers or coaches, motorized dwellings, recreational vehicles (RVs), tent trailers, power and sail boats larger than 15 feet in length, and boat trailers. Major recreational equipment does not include dinghies, prams, kayaks, canoes, rowboats or the like, nor does it include mobile homes in residential districts. See section 82-706.

Restaurant. An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms and outdoor cafes.

Retail, general. A commercial enterprise, not otherwise specifically defined herein, that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

Satellite dish. A device greater than 18 inches in diameter which is used for radio, television, or other wireless communication.

Seasonal high groundwater table. The seasonal high groundwater table shall be as determined by soil evaluation methodology found in the most current RIDEM ISDS rules and regulations and shall be determined by a RIDEM licensed Class IV Soil Evaluator. RIDEM depth to verified water table shall be used as the seasonal high groundwater table when available.

Seasonal off-site marina parking. Any portion of a lot that is used for the commercial parking of vehicles related to a marina use, such parking area not being collocated with or adjacent to said marina use.

Self-storage facility. Any real property designed and used for the renting or leasing of individual self-contained units of storage space to occupants who are to have access to such units for storing and removing personal property only, and not for residential purposes.

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

Shopfront. A private frontage conventional for retail use, with substantial glazing and an awning, wherein the façade is aligned close to the frontage line with the building entrance at sidewalk grade.

Sign. Any device, whether freestanding or attached to a building or a structure, or which is erected, painted, represented, or reproduced upon or in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device, or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than state or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia, or any representation used to advertise or intended to advertise or promote the interests of any person or corporation.

Sign area. The area of a sign is calculated as the total area within a line circumscribing all surfaces or structures used for display purposes, including spaces between letters and/or pictorial matter but not including supporting posts. As used in this chapter, the area of a two-sided, freestanding sign shall be calculated as the area of one side of a sign.

Sign, animated.Signs with moving components that revolve, flash, scroll, or otherwise regularly or intermittently move in a manner that is designed to attract attention are prohibited. Clocks that serve the sole purpose of providing the time and barber poles are not considered to be signs for the purposes of article 14, Sign regulations.

Sign, awning and canopy. Any sign painted on or attached to or supported by an awning or canopy. The lowest portion of any awning or canopy shall be not less than eight feet above the level of a sidewalk or public right-of-way. No awning may extend beyond a point two feet inside the curbline. There is no limitation on the horizontal width of an awning sign, but the vertical height of the sign area may be no more than three feet.

The method for calculating the total area of awning signs is illustrated in the graphics below. Calculate sign area by imaginary panel drawn around copy. Do not calculate decorative graphics.

Sign, billboard. Any sign or advertising device designed as a permanent structure which advertises a use or activity not located on, or a product not sold nor manufactured on the lot upon which the sign or device is located.

Sign, ground or ladder.A freestanding single- or double-faced sign, supported on the ground or from ground level by posts or similar vertical supports. A ladder sign differs from a regular ground sign in that it has two or more horizontal crosspieces serving as individual signs for identification or advertising purposes. Below are illustrations of typical ground and ladder signs.

The method for calculating the total area of ground and ladder signs is illustrated in the graphics below:

Sign, interior-lighted.Signs illuminated by an interior lighting source that projects through a translucent sign material; provided that neon signs which do not fall within the definition of interior-lighted signs are permitted in accordance with section 82-1408.

Sign, posted. Signs tacked, posted, painted or otherwise attached to utility poles, trees, sidewalks, curbs or rocks.

Sign, projecting.Signs which project over public ways and are installed perpendicular to the façade. Such signs shall not exceed eight square feet in area, must have a clear height of eight feet above the sidewalk, and must be erected and secured in such a manner as to preclude their becoming a safety hazard to the public. The sign area is calculated including all supports, backgrounds, and embellishments.

Sign, roof. Any sign erected on a roof or projecting above the eaves of a building, or any other such display sign placed above or supported on the top of a building or structure.

Sign, sandwich board. A sign where the frame or support structure is hinged or connected at the top of the sign in such a manner that the sign is easily moved or erected.

Sign, trailer. Any 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 signs attached to a truck, chassis, detachable vehicle trailer or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle.

Sign, wall. A sign attached parallel to, or painted on, the vertical wall of a building exterior. The method for calculating the total area of walls signs is illustrated in the graphic below:

Sign, window. Any sign with its face parallel and affixed to, in contact with, or within 12 inches of depth from a window thereof. Normal displays of merchandise in store windows shall not be considered signs.

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

Solar canopy. An elevated structure, built to cover a parking area, that hosts solar panels and provides shade. Solar canopies are separate and distinct from solar panels installed onto a carport structure. Solar canopies shall be considered accessory solar energy systems.

Solar decommissioning/restoration plan. A plan for dismantling a solar energy system, along with a plan for the site restoration of the land where the system is located, and a financial guarantee for the completion of the dismantling and restoration after the system is no longer operational.

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

Solar energy system, accessory. A solar energy system that is incidental and subordinate to the principal use(s) of the parcel or development, and that may include the following:

• Roof-mounted

• Ground-mounted

• Building-integrated

• Solar Canopies

A ground-mounted accessory solar energy system, inclusive of inter-row and panel/collector spacing, shall not exceed 5,000 square feet or 20 percent of the net buildable area of the lot or lots on which it is located (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands).

Solar energy system, building-integrated. A solar energy system that is constructed as an integral part of a principal or accessory building or structure and where the building integrated system features maintain a uniform profile or surface of vertical walls, window openings and roofing. Such a system is used in lieu of a separate mechanical device replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings, and roofing. A building-integrated system may occur within vertical façades replacing view glass, spandrel glass or other façade material into semitransparent skylight systems, into roofing systems replacing traditional roofing materials or other building or structure envelope systems.

Solar energy system, building-mounted. A solar energy system that has its electricity-generating solar panels attached to any part or type of roof on a building or structure that has an occupancy permit on file with the municipality and that is either the principal structure or an accessory structure on a recorded parcel. This system also includes any solar-based architectural elements and building-integrated systems.

Solar energy system, ground-mounted. A solar energy system that has its electricity-generating solar panels mounted on a structure, pole or series of poles constructed specifically to support the system and not attached to any other principal or accessory structure.

Solar energy system, major. A solar energy system for which the primary use of land on a given lot or lots is for the commercial generation of power, and/or where a solar energy system, inclusive of inter-row and panel/collector spacing, is larger than the definition of an accessory solar energy system, regardless of whether the solar energy system is an accessory or primary use.

Solar energy system operator. The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.

Solar energy system owner. The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.

Solar interconnection. The point at which the solar system is connected to the electric distribution system. The interconnection of the system by the electric distribution company will generally be located at the street or along an access driveway outside of the fenced area.

Special event parking. Any parcel used to accommodate spillover parking for a special, one-time event such as a concert, festival, wedding, etc.

Special use. A regulated use which is permitted pursuant to the special-use permit issued by the authorized governmental entity pursuant to G.L. 1956, § 45-24-42. (Formerly referred to as a special exception).

Street. Any street, avenue, highway, boulevard, parkway, road, lane, alley or other way, which has been dedicated to the public and accepted by the Town of Jamestown or State of Rhode Island.

Street line. The line separating the street right-of-way from other property.

Street screen. A freestanding wall, hedge or fence built along the frontage line, or coplanar with the façade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.

Story. A habitable level within a building, excluding any basement or any attic less than 14 feet high.

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.

Substance abuse treatment facility. A residential facility with a 24-hour supervised treatment program designed to provide support and address the substance abuse treatment needs of people with substance abuse problems.

Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of the ordinance from which this chapter is derived and not in conformance with the dimensional and/or area provisions of the ordinance.

Substantial modification. Alteration to a building that includes one or more of the following:

• • 1) That is valued at more than 50 percent of the replacement cost of the entire building;

  • 2) New construction other than single family;

  • 3) Fifty percent or greater alteration of a building exterior;

  • 4) Demolition;

  • 5) Grading that disturbs more than two vertical feet of land;

  • 6) Fifty percent or greater alteration of street façade;

  • 7) New use category;

  • 8) Expansion of use which requires more than 15 net new parking spaces or adding more than 15 parking spaces to an existing use; or

  • 9) A use applying for no net loss of parking per section 82-1307.

Swale. A low or slightly depressed area for drainage purposes.

Swamp. A place not less than three acres in extent where groundwater shall be near or at the surface of the ground for a significant part of the growing season or runoff water from surface drainage shall collect frequently and/or where vegetational community shall be made up of a significant portion of one or more of, but not limited to nor necessarily including all of, the following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white cedar (Chamaecyparis thyoides), ash (Fraxinus), poison sumac (Rhusvernix), larch (Larix laricina), spice bush (Lindera Benzoin), alders (Alnus), skunk cabbage (Symplocarpus foeditus), hellebore (Veratrum veride), hemlock (Tsuga canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), willow (Salix), water willow (Decodon verticillatus), swamp white oak (Quercus bicolor), or species indicative of marsh.

Technical review committee (TRC). Lead by the planning department, a committee comprised of officials from each office having jurisdiction over the permitting of a project, including the town planner, the building official, the public works director and/or the town engineer, the environmental scientist as needed, a rotating member of the planning commission selected by the planning commission chair either by project or other method as determined by the chair, and an architectural consultant as needed, to make recommendations or process administratively applications and plans for proposed projects.

Time-share. A unit in which a time-share estate exists which was established in accordance with the Rhode Island Real Estate Time-Share Act, G.L. 1956, ch. 34-41, as may be amended.

Town. Town of Jamestown.

Town council. The Town Council of the Town of Jamestown.

TRC. Technical review committee.

Underground storage tanks. Any receptacle used for the storage of gasoline, diesel oil, fuel oil, kerosene, natural gas, or any other toxic substance which is located fully or partially below ground levels.

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.

Use category. The categories for specific uses as found in Table 6.1, Table of permitted uses:

• Residential;

• Lodging;

• Agricultural;

• Government, Education, Institutional;

• Transportation and Utilities;

• Commercial, Retail - Heavy Equipment;

• Commercial, Retail - Food;

• Commercial, Retail - Eating and Drinking Places;

• Commercial, Retail - Motor Vehicles;

• Commercial, Retail - Commercial Indoor Recreation;

• Commercial, Retail - Commercial Outdoor Recreation;

• Commercial, Retail - Miscellaneous;

• Commercial Services - Professional, Office;

• Commercial Services - Personal Services;

• Industrial, Non-Manufacturing;

• Industrial, Manufacturing.

Variance. Permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variances, a use variance or a dimensional variance.

• • 1) Use variance. Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance [this chapter].

  • 2) Dimensional variance. Permission to depart from the dimensional requirements of a [the] zoning ordinance under the applicable standards set forth in G.L. 1956, § 45-24-41.

Wall. A structure which encloses an area or delineates separate areas. [A structure] may be constructed of stone, masonry, wood, or other material.

Waters. As defined in G.L. 1956, § 46-12-1(b).

Wetland, coastal. A salt marsh bordering on the tidal waters of the State of Rhode Island and contiguous uplands extending no more than 50 yards inland therefrom. As defined in G.L. 1956, § 2-1-14, as may hereafter be amended.

Wetland, freshwater. Those lands defined in G.L. 1956, § 2-1-20 and in any subsequent amendments hereto, and in any regulations propounded by the Rhode Island Department of Environmental Management and/or Rhode Island Coastal Resources Management Council and subsequent amendments thereto, including, but not limited to, marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks, areas subject to storm flowage, emergent and subemergent plant communities in any body of fresh water, special aquatic sites, vernal pools.

Wind energy facility. All of the equipment, machinery, and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines.

Wind energy facility, utility-scale. A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

Wind turbine. A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Yard. A required open space on a lot, unoccupied and unobstructed by any structure or portions of a structure from the general ground level of the graded lot upward; provided that drives, walks, and customary yard accessories and other structures or projections as specifically allowed by this chapter may be allowed in any yard. The following yards are specifically defined in this chapter:

• • 1) Yard, corner side. A side yard on that side of a lot located at the corner or intersection of two street lines, nearest the side street.

  • 2) Yard, front. A required yard extending between side lot lines across the full width of the lot adjacent to any street line, and to the depth of the required front yard setback.

  • 3) Yard, rear. A required yard extending across the full width of the lot adjacent to any rear lot line(s), and to the depth of the required rear yard setback.

  • 4) Yard, side. A required yard extending from the rear of the required front yard to the required rear yard and to the depth of the required side yard setback; and if there is no rear yard, then extending from the required front yard to another required front yard or required side yard or to another part of the same required front yard.

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

Zoning board of review or zoning board. The governing body which hears and decides appeals of the requirements of the zoning ordinance [this chapter] and decisions of the zoning enforcement officer.

Zoning certificate. A document signed by the zoning enforcement officer, as required in the zoning ordinance [this chapter], which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the zoning ordinance [this chapter] or is an authorized variance or modification therefrom.

Zoning enforcement officer. The appointed official of the Town of Jamestown responsible for the enforcement of this chapter.

Zoning map. The map or maps which are a part of the zoning ordinance [this chapter] and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Jamestown.

Zoning ordinance. This chapter enacted in accordance with the Rhode Island Zoning Enabling Act of 1991, as may be amended.

Zoning use districts. The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: commercial, open space, residential, and rural residential, or downtown mixed-use. Each district may include sub-districts. Districts may be combined.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Unless specifically defined below, words and phrases used in section. 82-801 (community flood plain ordinance for special flood hazard areas) of this chapter pertain to floodplain management, have the same meaning as they have in common usage and to give this chapter its most reasonable application.

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

Area of special flood hazard. See definition for "special flood hazard area."

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).

Base flood elevation (BFE). The elevation of the crest of the base flood or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Building. See definition for "structure."

Cost. As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate.

The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total.

Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP).

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

Flood insurance rate map (FIRM). The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.

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

Flood proofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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

Functionally dependent use or facility. A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

Height. The maximum height for buildings and structures erected in special flood hazard areas shall be in accordance with the dimensional table of this chapter (section 82-602) minus the difference between the base flood elevation, however established, and the average existing grade.

Highest adjacent grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

• • a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

  • b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

  • c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

  • d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

    • (1) By an approved state program as determined by the Secretary of the Interior or

    • (2) Directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area (including basement).

Mobile home. (Prohibited in zoning section 82-601, Table 6-1) A transportable, single-family dwelling unit suitable for year-round occupancy with or without a permanent foundation and having a water supply and waste disposal system comparable to immobile housing. A mobile home is designed to be transported on streets and highways on its own wheels and to arrive at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on racks or permanent foundations, and connection to utilities and water supply and waste disposal systems. Removal of wheels and/or axles shall not change its status as a mobile home.

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

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

Recreational vehicle (RV). A vehicle which is:

• • a) Built on a single chassis;

  • b) Four hundred square feet or less when measured at the largest horizontal projection;

  • c) Designed to be self-propelled or permanently towable by a light duty truck; and

  • d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway. See definition for "floodway."

Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the flood insurance study (FIS) for a community. BFEs provided on flood insurance rate map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the coastal high hazard areas shown as Zones V, V1-30, and VE on a FIRM. The SFHA is also called the area of special flood hazard.

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

Structure. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

Substantial damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place within any 12-month period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure (G.L. 1956, § 23-27.3-106.1). This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

• • a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

  • b) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

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

Violation. Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.

(Ord. of 2-3-2025(1), § 1(Exh. A))

--- (2) ---

Charter reference— Zoning Board of Review, §§ 705—710.

Cross reference— Boards, committees, and commissions, § 2-41 et seq.; housing board of review to act as Zoning Board of Review, § 14-56.

There is hereby created a zoning board of review, hereinafter called the zoning board, which shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four and five years, respectively.

The zoning board shall also include three alternates to be designated as the first and second and third alternate members, for a term of one year. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing and the third alternate shall vote if three members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the first and second alternate member, the third alternate shall serve in the position of the first and second. A minimum of four members, which may include alternates, shall form a duly constituted quorum. No member or alternate may vote on any matter before the zoning board unless they have attended all hearings concerning that matter.

The zoning board may engage legal, technical or clerical assistance to aid in the discharge of its duties.

Members of the zoning board of review serving on the effective date of adoption of the ordinance from which this chapter is derived shall be exempt from provisions of this chapter [article] respecting terms of originally appointed members until the expiration of their current terms. The town council may remove a member for cause based on a majority vote of the town council membership. The town council may fill any vacancy in the zoning board for an unexpired term.

The chairperson [chair], or in his or her absence, the acting chairperson [chair], may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning board of review shall:

• • A. Have the following powers and duties [to]:

    • 1) Hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement or interpretation of the act, or this chapter hereto;

    • 2) Hear and decide appeals from a party aggrieved by a decision of an [a] historic district commission, pursuant to G.L. 1956, §§ 45-24.1-7.1 and 45-24.1-7.2;

    • 3) Authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to G.L. 1956, § 45-24-41;

    • 4) Authorize, upon application, in specific cases, special use permits, pursuant to G.L. 1956, § 45-24-42(A), where the zoning board is designated as a permit authority for special use permits;

    • 5) Refer matters to the planning commission, or to other boards or agencies of the town as the zoning board may deem appropriate, for findings and recommendations;

    • 6) Provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period; and

    • 7) Hear and decide other matters, according to the terms of the ordinance from which this chapter is derived or other statutes, and upon which the zoning board may be authorized to pass under the ordinance from which this chapter is derived or other statutes; and

  • B. Be required to vote as follows:

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

    • 2) The concurring vote of a majority of members of the zoning board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any zoning enforcement officer from whom an appeal was taken; and

    • 3) The concurring vote of a majority of members of the zoning board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance from which this chapter is derived, including variances and special-use permits.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In using the powers listed in section 82-201, the zoning board, in conformance with the provisions of this chapter and in the proper exercise of its discretion, may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the zoning enforcement officer.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Procedures for appeals, special use permits and variances are as follows:

• • A. Appeals to the zoning board may be taken by any person aggrieved or by any officer, department, board or bureau affected by any decision of the zoning enforcement officer in the enforcement of this chapter. Such appeal shall be taken within 30 days as provided by the rules of the zoning board by filing with the zoning enforcement officer and with the board a notice of appeal specifying the grounds thereof. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning enforcement officer certifies to the zoning board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such cases, proceedings shall be stayed only by a restraining order which may be granted by the zoning board or by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken and on due cause shown.

  • B. Applications for special use permits or variances shall be filed directly with the town clerk as provided by the rules of the zoning board.

  • C. The zoning board shall fix a reasonable time for the hearing of the application; shall publish notice thereof in a newspaper of local circulation in the Town of Jamestown at least once each week for three successive weeks prior to the date of such hearing; shall give due notice to the applicant and the owners of property surrounding the property in question by registered or certified mail at least seven days prior to the date set for the hearing. The cost of any notice required for the hearing shall be borne by the appellant.

    • 1) In all zoning districts, a list of the owners of property within 200 feet of the property in question shall be determined from public record and submitted by the applicant. The board shall hear and decide the appeal, special use permit, or variance within 65 days of the date of the filing of the application or appeal. Any party may appear at the hearing in person, by agent or by attorney.

  • D. The zoning board shall render a decision within 15 days after the close of a public hearing. The board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the zoning board within 30 days from the date when the decision was rendered and shall be a public record. The zoning board 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 in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board shall have the minutes taken either by a competent stenographer or recorded by a sound recording device. Any decision by the zoning board, including any special conditions attached thereto, shall be mailed to the applicant, the zoning enforcement officer, and the associate director of the division of planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification or special use shall also be recorded in the land evidence records of the Town of Jamestown.

  • E. The zoning board shall establish written rules of procedure, a mailing address to which appeals and correspondence to the zoning board shall be sent, and an office where records and decisions shall be filed. The zoning board shall also establish appropriate forms and submission and resubmission requirements, which shall be reviewed not less than once every five years and amended, if necessary.

(Ord. of 2-3-2025(1), § 1(Exh. A))

After a decision has been made by the zoning board, the applicant may not file a similar application for at least 12 months after the date of the original decision.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

(Ord. of 2-3-2025(1), § 1(Exh. A))

In granting any special use permit or variance, the zoning board shall consider whether or not satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:

• • A. Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency, or other catastrophe;

  • B. Off-street parking and loading areas where required, with particular attention to the items in (A) [subsection A of this section] above, and the economic, noise, glare or odor effects of the special use on adjoining lots;

  • C. Trash, storage, and delivery areas with particular reference to the items in (A) and (B) [subsections A and B of this section] above;

  • D. Utilities and surface water drainage with reference to locations, availability and suitability;

  • E. Screening and buffering with reference to type, dimensions and character;

  • F. Signs, if any, and exterior lighting with reference to glare, traffic safety, economic effect on and compatibility and harmony with lots in the zoning district;

  • G. Required yards and other open spaces;

  • H. General compatibility with lots in the same or abutting zoning districts;

  • I. Environmental compatibility and safeguards to protect the natural environment;

  • J. Electrical, electronic or noise interference;

  • K. Water saving devices and/or ISDS inspection or servicing.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In accordance with the procedure established in article 2 (Zoning board of review) hereof [of this chapter], the zoning board may, in appropriate cases and subject to conditions and safeguards as further provided in this chapter, make exceptions to the terms of this chapter in harmony with the general purposes and intents of this chapter and the comprehensive plan. Special use permits may be granted by the zoning board for the uses listed as special use in section 82-601 (Uses and districts) herein, for change of a nonconforming use as provided in article 9 (Nonconforming uses) [of this chapter], and for accessory structures located in front yards as provided in section 82-700 (Accessory structures) herein.

Any proposed land use that is not specifically listed in section 82-601 may be presented by the applicant to the zoning board for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Before any special use permit shall be granted, the applicant shall show to the satisfaction of the zoning board:

• • A. That the granting of the special use permit will not result in conditions inimical to the public health, safety, morals and welfare; and

  • B. That the granting of such special use permit will not substantially or permanently injure the appropriate use of the property in the surrounding area or district.

In granting a special use permit, the zoning board may impose such special conditions as are deemed necessary to maintain harmony with other lots in the same or abutting zoning districts and to promote the objectives of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A special use permit shall expire one year from the date of granting by the zoning board unless the applicant exercises the permission granted or receives a building permit to do [so], and commences construction, and diligently pursues the construction until completed.

A special use permit granted by the zoning board may not be extended or enlarged beyond the limits authorized by the zoning board, except by the granting of a further special use permit by the zoning board.

(Ord. of 2-3-2025(1), § 1(Exh. A))

It is hereby declared that any special use permits heretofore granted under this chapter shall continue to be a special use, and shall not be construed to become, by the passage of this chapter, a nonconforming use or structure.

(Ord. of 2-3-2025(1), § 1(Exh. A))

An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the building official an application describing the request and supported by such data and evidence as may be required by the zoning board or by the terms of this chapter. The building official or agency shall immediately transmit each application received to the zoning board and shall transmit a copy of each application to the planning commission.

The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance [this chapter], may request that the planning commission and/or staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board within 30 days of receipt of the application from that commission.

The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53. The notice shall also include the street address of the subject property. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning commission, pursuant to G.L. 1956, § 45-24-46.4. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of the Town of Jamestown Subdivision Regulations Article V Sec. C.6.a.(5) and G.L. 1956, § 45-23-50.1.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

• • A. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant; and

  • B. That the hardship is not the result of any prior action of the applicant or owner; and

  • C. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which the ordinance from which this chapter is based.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning board of review or, where unified development review is enabled, the planning commission shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

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

  • B. In granting a dimensional variance, the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

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

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer is authorized to grant modification from literal dimensional requirements of the zoning ordinance [this chapter] listed in article 6 [of this chapter]. The zoning enforcement officer shall permit modifications that are five percent or less and may permit modifications up to 25 percent (G.L. 1956, § 45-24-46).

• • A. A modification shall not include moving of lot lines, building height (principal only), lot frontage or modifications to existing nonconforming dimensions as specified in article 6 of this chapter.

  • B. Within ten day[s] of the receipt of a request for modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

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

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

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

    • 4) The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

  • C. Upon an affirmation determination, in the case of a Modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by registered or certified mail, all property owners within 200 feet of the property which is the subject of the modification request, and shall publish in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 day[s] of the public notice.

  • D. If written objection is received, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter.

  • E. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance [this chapter].

  • F. Costs of any notice or advertising required under this section shall be borne by the applicant.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

• B. Public hearing. All land development and subdivision applications and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of G.L. 1956, § 45-23-42(b).

• C. In granting requests for dimensional and use variances, the planning commission shall be bound to the requirements of section 82-306 relative to entering evidence into the record in satisfaction of the applicable standards.

• D. In reviewing requests for special use permits the planning commission shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance section 82-300, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to section 82-203.

• E. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. 1956, § 45-23-71.

(Ord. of 2-3-2025(1), § 1(Exh. A))

It shall be the duty of the zoning enforcement officer to administer and enforce the provisions of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

No structure shall hereafter be erected, enlarged or relocated until a permit authorizing the same shall have been issued by the zoning enforcement officer. Such permit shall expire one year from the date of issue unless the applicant commences construction and diligently pursues the construction until completed. Regardless of completion, any permit shall expire within three years.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer shall require that the application for a building permit be accompanied by a plot or lot layout and such other information that is necessary for the enforcement of the provisions of this chapter. The zoning certificate shall be issued on the basis of the application and accompanying plans and shall authorize only the use, arrangement, and construction set forth in approved plans and applications.

Any use, arrangement, or construction at variance with that authorized under this chapter shall be deemed in violation of this chapter. A record of all applications, plans, and zoning certificates shall be kept on file in the office of the zoning enforcement officer and shall be available for public inspection during regular office hours.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer shall publish weekly a list of all zoning certificates in a newspaper of local circulation in Jamestown and on the town's website. Such list shall show the zoning certificates issued during the preceding week, the applicant, assessor's plat and lot, street name and proposed use.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The issuance of a zoning certificate shall, in no way, relieve the applicant of the responsibility of obtaining such permits or approvals as may be required under the provisions of other codes, regulations, and ordinances relating to the use, erection, alteration or modification of a building or structure, or to the use or subdivision of land. However, all other permits or approvals shall conform to this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A zoning certificate shall be valid for the duration of the use which was the subject of the original application and issuance and shall expire upon the termination of that use.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Nothing is this chapter shall prevent the completion of any construction for which a valid building permit has been heretofore issued, except that such construction shall be initiated within three months after the adoption of this chapter and shall be completed within two years after such adoption. Where such a valid building permit exists, no zoning certificate shall be required.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any person, group of persons, or corporation that violates any of the provisions of this chapter or any requirement attached to the granting of a Special Use Permit or Variance may be fined not more than $500.00 for each offense. Each day of the existence of the violation shall be deemed a separate offense. Any such fine shall inure to the Town of Jamestown. Immediately upon notification of any violation, the town shall institute appropriate action to prevent, enjoin, abate or remove such violation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any person, group of persons, or corporation aggrieved by a decision of the zoning enforcement officer concerning this chapter, may file an appeal in accordance with the provisions of article 2 of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The town clerk shall be the custodian of the zoning ordinance and zoning map. It shall be the responsibility of the town clerk to maintain and update the text and the zoning map comprising the ordinance from which this chapter is derived. Changes to the zoning map shall be depicted on the map within 90 days of the authorized change(s).

The planning commission shall be responsible for reviewing the ordinance from which this chapter is derived not less than once every five years, and whenever changes are made to the comprehensive plan. The planning commission shall identify necessary changes and forward these changes to the town council.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Establishment. There is hereby established a sub-committee appointed by the planning commission, to be known as the technical review committee (TRC). The TRC is established to conduct technical reviews of applications such as subdivisions, land development projects, zone changes, and applications within the Village Special Development District. Unless authorized in this chapter as an administrative approval, all such reviews shall be advisory in nature, and in no case shall the recommendations of the TRC be binding on the planning commission in its activities or decisions.

• B. Membership. Membership of the technical review committee shall consist of officials from each office having jurisdiction over the permitting of a project, including the town planner, the building official, the public works director and/or the town engineer, the environmental scientist as needed, a rotating member of the planning commission, and an architectural consultant as needed. The chairman of the planning commission shall assign one rotating member of the commission either (1) to each subdivision, development project or project or (2) monthly, for all projects being heard on the agenda, depending on the current workload of the commission. The chairman shall have the authority to assign or reassign the rotating member for good cause. Written procedures shall be adopted by the planning commission establishing the committee's responsibilities and procedures as part of the planning commission's by-laws.

• C. TRC advisory review. The following type of applications shall be subject to full planning commission review as specified in this article. The TRC shall review such applications and shall make a written advisory recommendation to the planning commission; but in no case shall the recommendations of the TRC be binding on the planning commission in its activities or decisions:

• Any application or action requiring a public hearing before the planning commission;

• Major subdivision or land development project;

• Minor subdivisions or land development project;

• Zone change recommendations to the town council;

• Pre-application review of major subdivisions;

• Development plan review under article 10 of the zoning ordinance for applications meeting the definition of a substantial modification in the CL, CD, CW and P.

• D. TRC administrative review. The application types listed below shall be administratively reviewed and an administrative decision rendered by the TRC. If a majority of the TRC determines that an application does not meet the criteria for administrative review or has a project element(s) that renders public review appropriate or necessary, the application shall be assigned to the planning commission for full review, and the TRC shall conduct advisory review.

• Pre-application review of minor subdivisions (if requested);

• Setting, reducing or releasing performance bonds;

• Requests for reinstatement or extension of applications as required by regulation;

• Recommendations to the town council on matters other than zoning amendments as requested;

• Development plan review under article 10 of the zoning ordinance for applications meeting one or more of the following criteria in the CL, CD, CW and P.

• • 1) The development of new single-family dwellings;

  • 2) A change in parking layout or the addition of up to 15 parking spaces; or

  • 3) A change in site design or lot coverage that changes the on-site drainage patterns and how stormwater may impact abutting or nearby properties.

• E. Appeals. If an applicant is aggrieved by an administrative decision of the TRC on an administrative review, an applicant may request that the application be heard by the planning commission at a regular planning commission meeting, with all required items for submittal, as a full application for advisory review in C. above. Additional TRC review will not be necessary in such situations unless significant changes to the application have been made prior to being heard by the planning commission. TRC recommendations are not subject to appeal as they are not binding on the planning commission.

• F. Records. Advisory recommendations of the technical review committee to the planning commission shall be in writing and shall be kept as part of the permanent documentation of the development application. Administrative review applications shall be provided a formal written decision that will be reported to the planning commission at the next regular planning commission meeting.

(Ord. of 2-3-2025(1), § 1(Exh. A))

For the purpose of this chapter, the Town of Jamestown is hereby divided into 12 zoning districts as set forth below. The general intent of each zoning district is as follows:

OS-I conservation preserve. Intended to preserve, protect and enhance where appropriate environmentally sensitive and natural resource areas such as conservation areas, watersheds, reservoirs, wildlife refuges and wetlands.

OS-II park and recreation. The purpose of this zone [district] is to allow agriculture as well as recreation activities that will not substantially impact the historic, scenic and/or environmental character of the zoning district, nor compromise natural resources.

Rural residential, 200,000 square feet (RR-200). This district is intended to protect the town water supply reservoir while permitting residential dwellings at low density.

Rural residential, 80,000 square feet (RR-80). Designed to allow land uses which will not substantially impact the rural character of the zoning district, nor compromise natural resources.

Residential, 40,000 square feet (R-40). Intended to limit the growth of densely settled neighborhoods which rely on individual sewage disposal systems (ISDS) and private wells. The small-lot subdivisions, which would be illegal under current regulations, present potential groundwater contamination problems if not adequate[ly] restricted.

Residential, 20,000 square feet (R-20). Designed to allow controlled growth in outlying areas of the village which are served by municipal water and/or sewer.

Residential, 8,000 square feet (R-8). Intended to maintain the neighborhood integrity of traditionally densely developed sections of the village. Most of this area is developed, so infill housing should generally conform to the character of the neighborhoods.

Commercial limited (CL). The purpose of this zone [district] is to be a transitional area between strictly residential and commercial uses. Many of the uses which are permitted in the commercial district cannot be located in this district except by special use permit.

Commercial downtown (CD). Jamestown's central business district. This district should encourage business which generates pedestrians on a regular basis. Zoning requirements should encourage construction to the curb and be retail-only at the street level.

Commercial waterfront (CW). [This] district is intended to restrict land use to water-dependent uses, including business which utilizes the scenery as an attraction for customers.

Downtown condominium (DC). A single lot. One structure containing no more than 36 residential condominium units of not more than two bedrooms each, and accessory parking for residents, their guests and municipal parking purposes. Intended to allow residential uses compatible with the compressed location at the corner of the commercial downtown district.

Public (P). A zone accommodating a range of public and semipublic uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The boundaries of zoning districts in the Town of Jamestown are hereby designated on the official zoning map of the Town of Jamestown, which is on file in the office of the town clerk and dated November 28, 1995. The official zoning map, together with all explanatory matter thereon, is hereby adopted and declared to be a part of this zoning ordinance [chapter].

(Ord. of 2-3-2025(1), § 1(Exh. A))

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

• • A. Where zoning districts are separated by highways, streets, alleys, watercourses or bodies of water, the boundaries of said zoning districts shall be construed to be the centerline or middle of said highway, street, alley, watercourse or body of water.

  • B. Boundaries shown as approximately following lot lines shall be construed as following such lot lines.

  • C. Boundaries shown as following shorelines shall be construed to follow such shorelines, and in the event of a change in shoreline, [such change] shall be construed as moving with the actual shoreline.

  • D. Boundaries indicated as parallel to or extensions of features indicated in the above subsection C shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

  • E. Where physical or cultural features existing on the ground differ from those shown on the official zoning map, or in other circumstances not covered by the above subsections, the zoning board of review shall interpret zoning district boundaries.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

• • A. No structure or land shall hereinafter be used or occupied and no structure, including signs, or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

  • B. No structure shall hereafter be erected or altered [to]:

    • 1) Be greater in height or volume;

    • 2) Accommodate or house a greater number of families;

    • 3) Occupy a greater percentage of lot area;

    • 4) Have narrower or smaller front yards, rear yards, side yards, frontage or other open spaces; than herein provided, or in any other manner contrary to the provisions of this chapter.

  • C. No yard or lot legally existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

  • D. No required yard or open space use provided around any building for the purpose of complying with the provisions of this chapter shall again be used as a yard or open space for any other building.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The symbols in the table below have the following meanings:

Y = Permitted use

N = Not permitted

S = Permitted by Special Use Permit

A = Permitted only accessory to a principal permitted use

The abbreviations for each of the zoning districts in this table are as described in section 82-500, Zoning districts.

CWe refers to the Commercial Waterfront District at East Ferry and CWw refers to the Commercial Waterfront District at West Ferry. Mixed use refers only to a mix of uses. The individual uses being mixed shall be governed separately in the use table. Note that any non-residential use allowed by special use permit in a residential district must follow the standards of section 82-1213 and any industrial use allowed by special use permit must follow the standards of section 82-1240.

 

* The provisions of this table notwithstanding, for the purposes of calculating minimum lot size, maximum lot coverage, maximum building height, minimum yard dimensions, setbacks for accessory structures, the maximum number of lots or dwelling units and the uses permitted in a conservation development in any zoning district where permitted, shall be governed by the provision of article 15, Conservation developments, of this chapter.

+ Mixed use refers only to a mix of uses. The individual uses being mixed shall be governed separately in the use table.

++ Heliport and/or helistop are prohibited uses, and have always been prohibited in all districts, no matter whether the use is a principal or accessory use of the property.

+++ Uses as defined in G.L. 1956, § 21-28.6-3 and under § 21-28.11-3(14) of the Rhode Island Cannabis Act.

> Limited to transfer (not storage) only.

(Ord. of 2-3-2025(1), § 1(Exh. A))

OS-I conservation preserve zone. Enhancements are restricted and may include, but are not necessarily limited to, items such as trails, boardwalks and observation platforms.

OS-II park and recreation zone. Certain state- and town- owned properties are further governed by deed restrictions which may limit development of facilities that are normally allowed under zoning.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The district dimensional regulations set forth in Table 6-2 shall be met for all uses of land permitted under this chapter.

 

* = Use these setbacks when directly adjacent to commercial districts. When a street directly abuts a property boundary, the lesser setback will apply.

 

 

 

 

 

 

 

* Lots existing as of October 22, 2009 shall not be considered non-conforming by lot width maximum.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Exceptions to height regulations are as follows:

• • A. The following structures or parts of structures may be erected above the specified height regulations as follows in all districts in accordance with subsection B [of this section]: chimney; church spire, tower, cupola or belfry; elevator or air conditioning penthouse; flagpole; radio or television antenna; silo; water tower; detached residential wind structures servicing on site uses.

  • B. Public and semipublic structures or parts of structures in any OS, P or C districts and the parts of structures noted above in RR districts may exceed the height regulations of the zone in which they are located, provided they are set back from all lot lines in addition to the required yards, five feet for each one foot of such excess. Any such public or semipublic structure in excess of 50 feet shall be required to receive a special use permit from the zoning board of review. At a minimum, all such structures shall be set back a minimum of one foot for every foot of height of the structure.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The space in a required front, side or rear yard shall be open and unobstructed with the following exceptions:

• • A. Ordinary projections of windowsills, cornices and other structural features may extend not more than 12 inches into the space above a required yard.

  • B. Landscape features such as trees, fences, shrubs and patio may be placed in any yard area.

  • C. In C districts only, an outdoor telephone booth may be located in a front yard area provided it is adjacent to a permitted curb parking area or an off-street parking facility.

  • D. Fences and walls not exceeding six feet in height in any district may be constructed in any yard.

(Ord. of 2-3-2025(1), § 1(Exh. A))

When a lot has frontage on a street at both ends of the property, the lot shall be considered to have two front yards and shall adhere to front yard setbacks along both streets.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Street frontage regulations in any R district may be reduced to not less than 60 feet for those lots entirely fronting on cul-de-sacs at the end of dead-end streets.

• B. Upon approval of the planning commission as part of a conservation development only as provided in the subdivision and land development regulations, the lot frontage and lot width variations listed below may be permitted by the planning commission.

  • 1) In residential RR-200, RR-80, R-40 and R-20 zoning districts, the planning commission is authorized to reduce the lot frontage and lot width of newly created lots on any public or approved private street to a minimum of 40 feet.

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

  • 3) As part of the application to the planning commission for flexible lot frontage and width, a "conventional yield plan" as defined herein, shall be required. No more buildable lots shall be allowed using flexible lot frontage and width provisions than are allowed by using conventional frontage and width provisions.

  • 4) The planning commission may require the use of shared driveways as a condition of reducing lot frontage and width for proposed new lots in a conservation development or as a way of reducing curb cuts onto public roads. In this instance legal access easements shall be required for those properties sharing driveways.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Not more than one principal residence shall be permitted on a lot in any residential district. This provision, however, shall not be construed to limit the number of multifamily residential structures, hotels, or motels constructed in full accordance with all applicable provisions of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

At street intersections in all districts, no building or structure shall be erected and no vegetation shall be maintained between a height of two and one-half feet and seven feet above street level of the triangle formed by the two pavement edge lines and a third line joining points on the pavement edge line of 25 feet from the intersection.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All lots located in an R-40 zoning district which at the time of adoption of this chapter were 20,000 square feet or less in area shall be governed by the district dimensional requirements set forth in Table 6-2 for the R-20 zoning district; provided, nevertheless, that the minimum lot size set forth in such Table 6-2 for the R-20 zoning district shall not apply to such lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All lots located in an RR-80 zoning district which at the time of adoption of this provision were 40,000 square feet or less in area shall be governed by the district dimensional requirements set forth in Table 6-2 for the R-40 zoning district; provided, nevertheless, that the minimum lot size set forth in such Table 6-2 for the R-40 zoning district shall not apply to such lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following shall apply to the floor area of all accessory structures:

 

In addition, the following shall apply to all accessory structures:

• • A. In no case shall any accessory structure have a gross floor area which is greater than 50 percent of the above grade gross floor area of the principal building. In the case of accessory dwelling units, see [section] 82-1201.2 A. for maximum size requirements.

  • B. The following height standards will apply, depending on the height of the principal building on the lot in keeping with Table 6-2:

• Where the principal building is no higher than one story, the height of an accessory structure shall not exceed the height of the principal building.

• Where the principal building is higher than one story, the height of an accessory structure shall not exceed a point five feet lower than the height of the principle building.

• • C. Agricultural structures within the RR-80 and RR-200 are exempt from these provisions.

  • D. Accessory structures are permitted in front yards but must meet the principal building setback and receive approval by the TRC. In cases where the primary setback cannot be achieved in the Jamestown Village Special Development District, the secondary front setback may be utilized only after review and recommendation by the TRC and a dimensional variance received by the zoning board. In cases where the primary setback cannot be achieved in the R-40, R-80, RR-200 zoning districts, approval by the TRC is required. In addition to the considerations of the zoning board found in section 82-300, the TRC and Zoning Board will consider the standards of the Jamestown Pattern Book and Design Guidelines for Building in the Village, including, but not limited to, the guidance for garages and ancillary structures, and whether efforts will be made to screen the accessory structure from any public ways or neighboring residential uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Whenever a nonresidential use, including a parking area for a non-residential use, is located within, across the street from, or adjacent to a residential zoning district or use, it shall be effectively screened on all sides which adjoin any property used for residential purposes by a solid wall, opaque fence, or compact planting screen not less than five feet in height and no more than eight feet in height.

Vegetative buffering is greatly encouraged. In the event that terrain or other natural features are such that the erection of said screen will not serve the intended purpose, the zoning enforcement officer may allow the parking without said screen. In no case shall such screening impede site distance from or to the property or across if necessary, for vehicular safety.

Where an open storage or off-street loading area is located within, across the street from, or adjacent to a residential zoning district, the above screening requirements shall also be met.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Purposes. The Town of Jamestown has enacted this chapter to regulate the installation of exterior lighting in order to achieve the following purposes:

  • 1) To protect the residents and surrounding environment of Jamestown, including light sensitive plants and animals, from the effects of light pollution;

  • 2) To promote energy efficient and sustainable lighting practices and luminaires;

  • 3) To minimize adverse off-site impacts from new and existing lighting installations; and

  • 4) To permit reasonable uses of exterior lighting for safety, security, productivity, commerce and enjoyment.

• B. Applicability.

  • 1) New installations. All exterior lighting installed after the effective date of this chapter shall conform to the standards set forth herein.

  • 2) Existing installations. All exterior lighting installed prior to the effective date of the ordinance from which this chapter is derived shall be exempt from the provisions of this chapter until a light and/or light fixture must be repaired, modified, refurbished and/or replaced. At the occurrence of any of these several events, any light and/or light fixture, with the exception of lighting and/or light fixtures installed on a structure and/or property devoted exclusively to single family residential use, shall conform to the standards set forth herein.

  • 3) Exceptions. The following instances shall be exempt from the requirements of this section:

    • a) Where federal or state laws, rules or regulations preempt local regulations.

    • b) Where fire, police, rescue or repair personnel need light for temporary emergencies or road repair work.

    • c) Where there are special requirements, such as sports facilities, historic decorative considerations or flag lighting. All such lighting shall be selected and installed to shield the lamp or lamps from direct view to the greatest extent possible and to minimize upward lighting and light pollution.

    • d) Where it has been determined that a reasonable safety and security interest exists that cannot be addressed by another method without increasing the cost or reducing the effectiveness of the lighting.

  • 4) Voluntary actions. As a voluntary measure to further the goals and objectives of the ordinance from which this chapter is derived, the town council urges that the following actions be considered and taken to bring all existing lights and/or light fixtures into compliance with the standards and provisions of this chapter:

    • a) Install a replacement lamp that directs light away from the sky.

    • b) Consider light and light fixture aiming or glare control devices such as light shields to prevent and/or reduce light trespass and light pollution.

    • c) All government-owned and operated properties and facilities are urged to immediately conform to the provisions of this chapter.

    • d) Lighting for site security should be configured for motion or infrared sensor operation, except in the case of lighting required by state or federal safety standards, property insurance coverage requirements or site safety standards.

• C. General standards. All new, retrofitted, refurbished and/or modified exterior lighting that is installed in the Town of Jamestown, shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall meet the following standards, as relevant:

  • 1) All exterior lights and sign illumination shall be designed, located, installed, and directed in such a manner as to:

    • a) Prevent glare, light trespass or light pollution; and

    • b) Be shielded to the extent possible so as to confine the light within the target area.

  • 2) In all areas adjacent to residential property, no externally mounted, direct light source directed towards the property line shall be visible at the property line at ground level or above.

  • 3) To reduce off-site glare, lighting fixtures for all parking and pedestrian areas shall be:

    • a) Full cut-off type fixtures, or

    • b) Fully shielded/recessed fixtures where the lens is recessed or flush with the bottom surface.

  • 4) Lighting fixtures for building security or aesthetics and any display purposes shall be:

    • a) Top downward (not upward or sideways), and

    • b) Full cut off or fully shielded/recessed.

  • 5) Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted, and aimed so that:

    • a) The lighting fixture's beams fall within the primary playing area and immediate surroundings, and

    • b) No direct lighting trespass or light pollution.

  • 6) The height of luminaires, except streetlights in public rights-of-way, shall be the minimum necessary to provide adequate illumination, but shall not exceed a height of 15 feet when pole mounted unless a properly credentialed illuminating engineer hired for the benefit of the town finds that a height of any luminaire structure up to 20 feet will result in no greater light trespass and no greater light pollution than a luminaire structure at 15 feet in height or unless the luminaires must overhang vehicle travel lanes. Luminaires attached to the building shall be limited to the height necessary for illumination of entrances or locations not served by pole lighting. In no case shall a building fixture be mounted on the roof.

• D. Waterfront lighting. Exterior lighting in and around the ponds, lakes, rivers, and other waters of the town, with the exception of lighting located below the mean high water mark of coastal areas, shall not be installed or maintained so as to create a hazard or nuisance to other property owners and shall comply with the following:

  • 1) Lights on docks shall be no more than three feet above the dock, shall be directed downward and be full cut off fixtures.

  • 2) Lights illuminating paths, stairs, decks, etc., shall not be directed towards the water and shall not direct light upwards.

  • 3) All exterior lighting shall be located, mounted, and shielded, so that direct illumination is not focused towards the water surface more than 20 feet from shore.

• E. Architectural and landscape lighting.

  • 1) All fixtures shall be aimed and/or shielded to illuminate only the target area such that no stray light from the luminaire passes above the horizontal plane.

  • 2) Upward aimed façade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs or structures and shall be mounted as flush with the illuminated wall as possible.

• F. Canopy and service lighting. Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area directly beneath the perimeter of the canopy. All exterior lighting for canopies and/or service areas shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Swimming pools and any other in-ground man-made water feature with an impervious bottom (measured at the water edge), including impervious decks and patios associated with swimming pools, tennis or other permanent ball courts, including the outer fence of tennis or other permanent ball courts shall meet setbacks for accessory structures and shall be included as part of the lot coverage calculation. Driveways used for court activities shall not be regulated under this section.

• B. All swimming pools and any other in-ground man-made water feature more than two feet deep with an impervious bottom shall be provided with a safety enclosure which shall comply with the following:

  • 1) The top of the safety enclosure shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool or water feature. The maximum vertical clearance between grade and the bottom of the barrier shall be to inches measured on the side of the barrier which faces away from the swimming pool or water feature.

  • 2) Openings in the barriers shall not allow passage of a four-inch diameter sphere.

• C. Lighting of private tennis courts or other permanent ball courts is permitted only by special use permit per articles 2 and 3 of this chapter.

• D. Decks and patios 12 inches above proposed grade shall be included as part of the lot coverage calculation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. General. Portable and seasonal newsracks serve a legitimate public purpose by providing convenient access to printed news publications. The Town of Jamestown recognizes that news dealers must be permitted to affix newsracks at intersections and places of high pedestrian traffic. Because they are generally placed on public property, the following regulations apply to all newsracks in Jamestown.

• B. Permit required. No newsrack shall be placed in Jamestown, either on public or private property, unless the owner or agent has secured a permit for the newsrack from the town council.

The application for a permit shall include the location, size, and description of the newsrack and shall be approved by the zoning enforcement officer prior to approval by the town council. A permit is valid for one year.

The cost of a permit shall be $30.00. This amount may be amended from time to time, such as is sufficient to cover the cost of removing hardware and repairing the sidewalk to its original condition.

• C. Permissible locations. The town council shall have discretion over the location of newsracks placed on public streets or sidewalks. Newsracks shall only be placed in such locations and in such a manner so as not to obstruct pedestrian or vehicular traffic or create a similar nuisance. On sidewalks, sufficient space shall be maintained to permit safe passage of pedestrians, including disabled people.

A dealer may place no more than one newsrack at any one location. Each location is considered to have a circulation radius of 400 feet. No newsrack may be placed within three feet of a street crosswalk or sidewalk ramp, or within ten feet of a fire hydrant or fire/police callbox.

• D. Size requirements. Newsracks shall be of reasonable size and shall not be so large as to permit more than one stack of published material at a time. All newsracks shall be less than 48 inches tall.

• E. Fixed newsracks. All newsracks shall be fixed in place by an approved means. A dealer may secure the fixture by means of bolts in the sidewalk, provided the method may be easily corrected by the town when the permit has expired.

• F. Discontinued use. If no application has been received to continue an expired permit, the newsrack shall be presumed to be abandoned. An abandoned newsrack may be removed by the town at the expense of the owner.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Definition. Any container used for the storage of personal property that is typically rented to owners or occupants of real property, but may be owned by such, for their temporary use and which customarily is delivered and removed by truck. Containers and/or trailers used for the purpose of storing construction equipment on an active construction site shall be exempt from this section.

• B. Permit. No person shall place a container on private property without first obtaining a permit from the building official.

• C. Size. There shall be no more than one container allowed per dwelling unit and/or property. The maximum size of said container shall not be larger than eight feet wide, 20 feet long and eight feet high.

• D. Duration. No container shall remain on a property with a primary use in excess of 120 consecutive days or in excess of 180 days in any calendar year. Provided however, that the building official shall have the authority to grant a one-time extension of up to 60 days.

• E. Location. Containers shall be located, where practical, within driveways and not in required parking spaces, fire lanes, loading zones or public rights-of-way. Discretion on location of containers shall be given to the building official.

• F. Use. No hazardous materials of any kind including flammable shall be stored in the storage container.

• G. Other. All other temporary and mobile facilities for residential, commercial or industrial use are prohibited in all districts, except as allowed in this section 82-705.

• H. Signage on temporary/portable storage containers shall not exceed two square feet.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Requirements for parking or storage of commercial and major recreational equipment are as follows:

• • A. On any residentially developed lot, parking lot, driveway, or garage located in a residential district, no more than one commercial vehicle may be stored overnight. Such vehicle or bus shall be no more than 10,000 pounds gross vehicle weight. In an RR-200 or RR-80 district, registered farm vehicles and trucks may be stored provided they are 30 feet from any lot line.

  • B. The parking or storing of major recreational equipment must comply with the following regulations:

    • 1) Not more than one registered major recreational equipment, as defined in section 82-104 (Definitions), may be parked or stored per dwelling unit on any one lot.

    • 2) No major recreational equipment, while parked or stored, shall be used for living, sleeping, or housekeeping purposes.

    • 3) No major recreational equipment not owned or operated by a person residing on the premises shall be parked or stored on a lot in a residential district for a period longer than 14 days in a calendar year.

    • 4) Any equipment parked or store shall be set back at least ten feet from any public or private right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Not more than one unregistered motor vehicle may be stored outside on any lot in a residential district.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Basements and/or the bottom of any structure's slab, not including pilings/footings for any proposed new construction, or 50 percent or greater reconstruction or renovation of a structure, shall be located 12 inches above the seasonal high groundwater table. For every application which involves a basement and/or any structure's slab, not including pilings/footings, determination of groundwater elevation shall be presented to the zoning enforcement officer to ensure compliance with this requirement.

• • A. Variance for prohibited use: Any proposal where a basement and/or the bottom of any structure's slab, not including pilings/footings is located less than 12 inches above the seasonal high groundwater table, is prohibited and such proposal shall be reviewed under the standards required to obtain a use variance pursuant to article 3 hereof. In addition to the standards contained in article 3, all applicants shall demonstrate evidence to the zoning enforcement officer of the high groundwater table elevation, which shall include all of the results of examination or testing conducted on the lot. This evidence shall be accompanied by a written representation by the owner/applicant or project representative that no additional results are being withheld. All applicants shall demonstrate that the proposal meets, to the greatest extent possible, performance standards contained in [section] 82-800 subsections I and J, 2 and 4 hereof.

  • B. Groundwater table verification: In determining the groundwater elevation, one field verified soil evaluation within the basement and/or any structure's slab area subgrade (below ground level), or within five feet of the area proposed for building, is required by a RIDEM Class IV soil evaluator. Where a property owner or the town can produce records of a previous determination made by the town, that determination may be used provided there is a record of the field observations used to make that determination.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Establishment. The High Groundwater Table and Impervious Layer Overlay District (High Groundwater Overlay) is hereby established and may be referred to hereafter as the "High Groundwater Overlay." This overlay district encompasses specific areas of the town as shown on the map entitled "Zoning Map Overlay District Related to Protection of Critical Lands Containing Freshwater Wetlands, High Groundwater Table, and/or Shallow Impervious Layer" dated August 2007 and attached to the zoning ordinance.

• B. Findings. The High Groundwater Overlay encompasses areas where nonconforming lots predominate, no public sewer and water are available, and the hydrogeologic conditions provide considerable constraint to development. These conditions require special design approaches and/or infrastructure in order to protect individual homeowners, neighborhoods, and Jamestown's water resources.

• C. Applicability. The following activities are subject to the procedures, review, and standards within the High Groundwater Overlay only where the activity is proposed on a lot that is less than 40,000 square feet:

  • 1) Any construction activity that results in the development of new impervious cover.

  • 2) Any construction activity that results in the replacement or expansion of existing impervious cover.

  • 3) Excavation, mining, dredging, filling, or grading that involves the movement of over 200 cubic feet of soil.

• D. Sub-districts. The High Groundwater Overlay is divided into two sub-districts as follows:

  • 1) Sub-district "A" consists of those lots where:

    • a) The seasonal high groundwater table is less than or equal to 18 inches below the original grade; or

    • b) The impervious layer is less than or equal to 42 inches below the original grade.

  • 2) Sub-district "B" consists of those lots where:

    • a) The seasonal high groundwater table is greater than 18 inches and equal to or less than 48 inches below original grade; or

    • b) The impervious layer is greater than 42 inches and up to and including 60 inches below the original grade.

• E. Determination of sub-district.

  • 1) Presumption of sub-district A. Absent the evidence required to make a determination of which sub-district applies to a particular lot, the town shall presume sub-district A applies with eight percent maximum impervious surface coverage (see section 82-800 H, Impervious cover, below). An applicant may enter into development permitting procedures voluntarily with this presumption.

  • 2) Evidence. The decision as to whether a particular lot is located in either sub-district A or sub-district B shall be made by the zoning enforcement officer based on the field observation required (subsection E.4). A submission of evidence to the zoning enforcement officer shall include all of the results of examination or testing conducted on the lot and shall be accompanied by a written representation by the owner/applicant or project representative that no such results are being withheld.

  • 3) Previous determination. Where a property owner or the town can produce records of a previous determination made by the town, that determination may be used provided there is a record of the field observations used to make that determination.

  • 4) Field observation required. Soil evaluations verified by a RIDEM Class IV soil evaluator are required to determine the applicable sub-district.

    • a) Where a new OWTS is proposed, the applicant shall provide record of the two soil evaluations associated with the OWTS, as required by RIDEM.

    • b) Where an OWTS already exists, and a new OWTS is not proposed, records of the soil evaluations from the original state approval shall be submitted to the town.

    • c) Where a new structure is proposed on a lot the applicant shall provide a single soil evaluation in the area of each proposed structure's footprint in addition to test hole information associated with the existing or proposed OWTS.

  • 5) Determination. The zoning enforcement officer shall make a determination of which sub-district applies based on the following:

    • a) If any of the soil evaluations show evidence meeting at least one of the sub-district A criteria, then the lot lies in sub-district A;

    • b) If none of the criteria for sub-district A are met in any of the soil evaluations, and at least one of the criteria for sub-district B is met in any of the soil evaluations, then the lot lies in sub-district B;

    • c) If none of the soil evaluations meets either the sub-district A or the sub-district B criteria, then the lot is not subject to the standards promulgated in the High Groundwater Overlay.

• F. Permit review.

  • 1) Construction, reconstruction, or renovation of structures or other new impervious surface coverage 200 square feet or greater in sub-district A shall be reviewed first by the Planning Commission through as a recommendation to the Zoning Board of Review. The activities shall subsequently require a special use permit from the zoning board of review. The planning commission recommendation shall be advisory to the special use permit application reviewed by the zoning board of review.

  • 2) A one-time construction, reconstruction, or renovation of structures or other new impervious surface coverage less than 200 square feet in sub-district A shall be reviewed under administrative development plan review. Any additional construction, reconstruction, or renovation to the subject lot shall comply with the requirements of section 82-800 as development over 200 square feet or greater.

  • 3) Activities subject to review in sub-district B shall be reviewed under administrative development plan review.

  • 4) The town may engage one or more professionals as deemed necessary by the town, at the expense of the applicant, to assist with the review of applications at a reasonable cost.

• G. Prohibitions.

  • 1) The installation of subsurface drains designed to intercept and lower the groundwater table for the installation of an OWTS.

  • 2) Any proposed new or expanded basement and/or the bottom of any structure's slab, not including pilings/footings that is less than 12 inches above the seasonal high groundwater table is prohibited. In-ground swimming pools are prohibited in sub-district A.

• H. Impervious cover. Lots in sub-district A and sub-district B shall have limitations on the amount of impervious cover that may be installed in accordance with the following provisions:

  • 1) A lot in sub-district A shall be limited in accordance with the following chart and associated provisions:

• • • a) Where the examination and/or testing of multiple areas of a lot yield different results as to the water table and/or impervious layer, the percent of maximum impervious cover for the lot shall be determined on the most restrictive results in both categories.

    • b) Freshwater wetlands shall be subtracted from total lot size prior to calculating maximum impervious cover.

  • 2) In sub-district B, no lot shall have more than 15 percent impervious cover.

  • 3) Impervious surface coverage on a structure shall be calculated at the exterior walls with an ordinary roof projection of 12 inches. Any roof projection beyond 12 inches will count toward the impervious surface coverage.

• I. Performance standards. Activities subject to review under the provisions of the High Groundwater Overlay shall comply with the following development standards as applicable. Applicants may request relief from these standards through an application for a special use permit from the zoning board of review.

  • 1) All existing OWTS shall be in good working order. Within sub-district A, all existing OWTS will require a flow test conducted by a licensed maintenance provider. Within sub-district B, for any project involving an addition of 400 square feet or more to a building or structure, all existing OWTS will require a flow test conducted by a licensed maintenance provider. In both sub-Districts A and B, a maintenance report for an existing OWTS certified by a licensed maintenance provider and completed within the past 12 months may be submitted for any flow test required above.

  • 2) All OWTS and wells shall be located on the same lot of the residence to which they are connected. All new OWTS and OWTS requiring major repair shall be approved by RIDEM and shall be designed for advanced reduction of nitrogen. Where necessary for the protection of public health, as defined by RIDEM, the systems shall also be designed for enhanced pathogen removal. OWTS shall use approved technologies listed by the RIDEM and shall be capable of achieving current RIDEM performance standards for denitrification and/or pathogen removal.

  • 3) Applications shall provide a stormwater best management practice capable of storing, on the subject site, the increased volume of runoff resulting from development of the site.

    • a) The minimum storage volume shall be the difference between the pre-development and post-development runoff volumes using the ten-year, 24-hour, Type III storm event.

    • b) Stormwater mitigation and water quality treatment practices shall be designed in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, most current edition.

For the purposes of this calculation the following table will be used:

 

• • 4) There shall be a 15-foot separation between a leachfield and the edge of any stormwater infiltration system.

  • 5) Proposals must comply with the Jamestown Soil Erosion and Sediment Control Ordinance contained in the Code of Ordinances, chapter 22, article V, division 2.

  • 6) Operation and maintenance requirements of any designed and approved stormwater system shall be recorded with the final approval from the zoning board.

• J. Special use permit criteria. The proposal shall incorporate, to the greatest extent possible, the following design criteria and explanation of such shall be provided as a narrative to the proposal where practical. Where a special use permit is required pursuant to the provisions of the High Groundwater Overlay, the zoning board of review may approve, deny, or approve with conditions based on the standards and criteria within this section of the zoning ordinance.

  • 1) General criteria.

    • a) The proposed use and site design are appropriate to the natural characteristics of the land, including its suitability for use based on soil characteristics, geology, topography and susceptibility to surface and groundwater pollution.

    • b) The proposal preserves the values of unique or valuable natural resources and features.

    • c) The proposal is appropriate to the availability and capacity of existing public and/or private services and facilities.

    • d) The proposal is consistent with the goals and pattern of land use contained in the Jamestown Comprehensive Plan.

    • e) Site design measures protect the island's vulnerable and limited water supplies by maintaining maximum groundwater recharge of rainfall and treated wastewater to replenish drinking water supplies and avoid salt water intrusion.

    • f) The site design approach is consistent with the need to prevent further impacts and restore impaired areas where intense development and water use, in combination with limited land development suitability, have resulted in localized flooding, incidents of groundwater contamination, low well yields, and salt water intrusion.

  • 2) Subsurface structures.

    • a) The design of the subsurface structures shall minimize the problems and hazards created by the seasonal high groundwater table and/or impervious layer and result in the least grading, filling, or other disturbance to the site and to any wetland buffer as possible.

    • b) The seasonal high groundwater table will not damage, interfere or reduce the potential for the proper functioning of the subsurface structure.

    • c) The subsurface structure will not pose any threat to public health or safety or to the water resources of the town, including groundwater.

  • 3) On-site wastewater treatment systems.

    • a) All proposals relating to the installation of an OWTS shall ensure that the system, once in use, will not pose a threat to the public health and safety nor cause unreasonable degradation of ground or surface water quality, including adverse effects due to cumulative impact.

    • b) All proposals relating to the installation of an OWTS shall demonstrate that the design, siting and selection of technologies for the treatment and dispersal units are the most appropriate for the site.

    • c) All proposals relating to the installation of an OWTS shall demonstrate that the project has been designed so as to minimize combined impacts related to the OWTS, stormwater runoff, and potential disturbances to wetland buffers.

  • 4) Stormwater management.

    • a) Stormwater runoff control measures will minimize site disturbance, maximize nonstructural controls, and will not adversely affect subsurface flow of groundwater.

    • b) The proposed site improvements minimize fill and grading, and maintain, to the greatest extent possible, the existing overland flow of runoff from the site to surrounding areas.

    • c) All stormwater management measures will maintain the water quality function of wetland buffers and avoid any encroachment that might impair the wetland's pollutant removal capacity. Proposed measures will not direct channelized flow to the wetland, reduce subsurface flow through the buffer, increase sedimentation, reduce shade cover, or include any alteration that would result in fluctuating water levels that negatively impact sensitive habitat.

• K. Variances for prohibited uses in sub-district A.

  • 1) Applicants proposing uses prohibited pursuant to [sub]section G hereof shall, after development plan review by the planning commission and recommendation to the zoning board, be required to obtain a use variance pursuant to article 3 hereof. In addition to the standards contained in article 3 hereof, all applicants shall demonstrate that the proposal meets, to the greatest extent possible, all of the performance standards contained in subsections I and all of the criteria in subsection J hereof.

  • 2) Applicants shall file a development plan with the building official containing the information listed on the application available in the office of the environmental scientist, public works department.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

• B. Applicability. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Jamestown designated as Zone A, AE, AH, AO, A99, V, or VE on the Newport County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Newport County FIRM that are wholly or partially within the Town of Jamestown are panel numbers 44005C0059J, 44005C0067J, 44005C0069J, 44005C0078J, 44005C0088J, 44005C0157J, 44005C0159J and 44005C0176J dated September 4, 2013 (as periodically amended). The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Newport County Flood Insurance Study (FIS) report dated September 4, 2013. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the town clerk, planning commission, and building official.

• C. Administrative Provisions.

Use permit. All proposed construction or other development within a special flood hazard area shall require a permit.

If the construction or other development within a special flood hazard area is not covered by a building or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the building official and shall include:

• • 1) The name and address of the applicant;

  • 2) An address or a map indicating the location of the construction site;

  • 3) A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

  • 4) A statement of the intended use of the structure;

  • 5) A statement as to the type of sewage system proposed;

  • 6) Specification of dimensions of the proposed structures;

  • 7) The specific datum used for all elevations;

  • 8) The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

  • 9) Base flood elevation data for all new, relocated or substantially improved structures;

  • 10) The elevation (in relation to mean sea level) to which the structure will be floodproofed;

  • 11) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

A permit fee (based on the cost of the construction) may be required to be paid to the Town of Jamestown and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.

Disclaimer of liability. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

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

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

• D. Notification of watercourse alteration. In a riverine situation, the building official shall notify the following of any alteration or relocation of a watercourse:

• Adjacent communities

• Bordering states (optional)

• NFIP state coordinator

• Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

• NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

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

• E. Use regulations.

  • 1) Reference to existing regulations. The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

• Rhode Island State Building Code (SBC-1-2007 as established under G.L. 1956, ch. 23-27.3);

• Coastal Resources Management Program, Coastal Resource Management Council (G.L. 1956, ch. 46-23)

• Freshwater Wetlands Act, Department of Environmental Management (G.L. 1956, § 46-23-6)

• Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (G.L. 1956, ch. 46-12)

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

• • 2) Other use regulations.

    • a) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Jamestown FIRM or flood boundary and floodway map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

    • b) All subdivision proposals must be designed to assure that:

• Such proposals minimize flood damage;

• All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

• Adequate drainage is provided to reduce exposure to flood hazards.

• • • c) Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:

• The structure is no more than 100 square feet in size and has a value less than $1,000.00.

• The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

• The structure is used solely for parking of vehicles and/or limited storage.

• The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.

• The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

• Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

• The structure must not increase the flood levels in the floodway.

• • • d) Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.

  • 3) Base flood elevation and floodway data.

    • a) Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

    • b) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

    • c) Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Per P.L. 2015, ch. 218, § 3, G.L. 1956, § 45-24-30(c), 250-RICR-150-15-3, the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (the "DEM Wetlands Regulations"), and 650-RICR-20-00-9, the Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (the "CRMC Wetlands Regulations"), Rhode Island cities and towns are prohibited from applying requirements pertaining to wetland buffers and onsite wastewater treatment system setbacks to development applications submitted to a municipality after July 1, 2022, the effective date of said state regulations. Applications made on or after this date shall comply with the DEM Regulations and/or the CRMC Wetlands Regulations. Applications made prior to this date remain subject to the standards of this section 82-802.

• B. Unless authorized and permitted by the Rhode Island Department of Environmental Management Office (RIDEM) of Water Resources through the RIDEM permitting process, no sewage disposal trench, drain field, bottomless effluent filter, nor any component of a system designed to leach liquid wastes into the soil shall be located within 150 feet from a freshwater wetland edge, excluding the state designated perimeter wetland and riverbank wetland. For the purposes of this section, the freshwater wetland edge shall be the RIDEM verified edge of wetland. If the wetland is not on the subject property and in the absence of RIDEM verified wetland mapping on the adjacent property, then best available mapping should be utilized, as determined by the building official.

• C. Requests for dimensional variances. Application may be made to the zoning board of review for a dimensional variance seeking relief from the setback requirement contained in this section. All such applications shall be first referred to the planning commission for development plan review for an advisory opinion, per the requirements for development plan outlined in article 10. However, where the applicant is requesting less than 25 percent relief the town planner shall administratively process the application for recommendation to the zoning board of review. The planning commission and/or town planner and the zoning board shall consider the following minimum development standards:

In addition to the standards contained elsewhere in this section and in article 3 hereof the applicant shall demonstrate that the implementation of the proposal:

• • 1) Will not degrade the quality of groundwater or any wetland or surface water body, either directly or indirectly, on site or off site;

  • 2) Will result in the least site disturbance and removal of vegetation as possible, every attempt shall be made to site the wastewater treatment system and the associated dwelling as far as possible from the wetland edge;

  • 3) Will not obstruct floodways or reduce the net capacity of the site to retain floodwaters;

  • 4) Will not cause any sedimentation of wetlands, and will include all necessary erosion and sediment control measures; plans for erosion and sediment control and stormwater management shall be completed which meets standard requirements for such plans and also includes:

    • a) The limits of disturbance during construction including areas to be cleared and/or graded, construction easements, temporary stockpiles and material/equipment storage areas, and protection of individual trees and groups of trees to avoid construction injury by fencing off trees at the drip line. In critical areas the limits of disturbance will be fenced off in the field.

    • b) A plan for revegetation, stamped by a landscape architect of wetland buffers, slopes and erodible areas.

  • 5) Will not reduce the capacity of any wetland to absorb pollutants;

  • 6) Will not degrade the recreational or educational value of any wetland or water body;

  • 7) Will not reduce the capacity of any wetland to recharge groundwater; and

  • 8) Will not degrade the value of any wetland or water body as a spawning ground or nursery for fish and shellfish, or habitat for wildlife and wildfowl. In considering the above, the cumulative impact of all land within a 500-foot radius must be addressed. Where vernal pools are found, the applicant will identify mitigating measures to protect such habitat.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Exempted from the provisions of this section providing for development standards in an RR-200 zoning districts are the following uses:

• • A. New single-family residential uses and their customary accessory uses on lots of 200,000 square feet area or greater;

  • B. Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Eastern Rhode Island Conservation District or when it is determined by the district that such use will not reduce the quality of a public water supply;

  • C. Existing single-family dwellings and their customary accessory uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Within any RR-200 zoning district, special standards of site development shall apply in order to protect surface water reservoirs or their tributary streams and/or groundwater aquifers. Prior to the issuance of any building permit within an RR-200 zoning district, the zoning enforcement officer shall require a development plan to be filed, at a suitable scale. On top of the requirements for development plan review in article 10 and the town's subdivision and land development regulations, the development plan shall show the following information:

• Property boundary lines, with area and dimensions of the property to be developed;

• Vicinity plan showing adjacent or nearby properties, uses, wetlands, streams or surface water reservoirs;

• Topography map of the property;

• Soils map of the property.

The applicant for a building permit shall also indicate proposed uses and development. For the purposes of this section, development shall be defined as any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations upon the lot.

The applicant shall be required to show, to the extent necessary, the likely impact which the proposed development will have upon surface and subsurface water quality. In particular, the following issues shall be addressed:

• Methods to be used during construction to control soil erosion and sedimentation of wetlands;

• Provision for disposal of stormwater runoff, including an estimate of the existing and proposed release rates, drainage system and stormwater detention measures (if proposed);

• Sewage disposal methods, including an evaluation of the impacts of disposal methods on surface water, soils and vegetation;

• Amount of paved and other impervious surfaces and measures for the preservation of vegetation, impervious surfaces and groundwater infiltration;

• If storage of toxic substances is proposed, methods for prevention of contamination of surface and subsurface water.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Upon receipt of an application for development within an RR-200 zoning district, the zoning enforcement officer shall transmit to the planning commission, who shall review said [the] information and file, within 45 days of receipt thereof, an advisory report to the zoning enforcement officer, together with any recommendations thereon.

(Ord. of 2-3-2025(1), § 1(Exh. A))

At a minimum, the following standards of development shall be required:

• • A. Erosion and sediment control measures shall be designed to meet at least the minimum standards and specifications of the Rhode Island Soil Erosion and Sediment Control Handbook, U.S. Department of Agriculture, Soil Conservation Service, and Rhode Island State Conservation Committee, 1989;

  • B. All buildings and parking areas shall be set back at least 300 feet from any reservoir, or tributary stream used to supply or transport public water supplies;

  • C. Driveways, parking lots, and other impervious surfaces are minimized, or specified as porous surfaces, such as crushed stone, spaced paving block, etc.;

  • D. Permanent vegetation cover is provided in unpaved areas; temporary vegetation is provided in areas which will remain open for more than six months;

  • E. All earth changes shall be designed, constructed, and completed in such manner so that the exposed area of any disturbed level shall be limited to the shortest possible period of time;

  • F. Stormwater storage and/or retention facilities are provided to prevent significant increases in volume and rate beyond existing conditions.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties, and confer upon their owners and uses a position of unfair advantage. It is a fundamental principle of this chapter [article] that nonconformities may be continued as allowed by law. It is also the intent of this chapter that existing nonconformities shall not be a reason for authorizing uses otherwise prohibited in the same zoning district.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Nothing in this chapter shall be deemed to require a change in the plans, construction, or authorized use of any structure for which a building permit was lawfully issued prior to the effective date of the adoption or amendment of the ordinance from which this chapter is derived.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any nonconforming use or structure illegally established prior to the effective date of the ordinance from which this chapter is derived shall not become legally established by virtue of such enactment or subsequent amendment.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The nonconforming use of a building or structure may be continued, subject to the following regulations:

• • A. The building or structure is not enlarged, extended, structurally altered or reconstructed, except for alteration, maintenance and repair work as is required to keep the building or structure in a safe condition.

  • B. No nonconforming use of a building or structure shall be changed to another nonconforming use.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any alteration of a nonconforming use shall make the use more closely adhere to the intent and purposes of this chapter. Applications for alteration of a nonconforming use shall be made as a request for a special use permit to the zoning board. The board shall ensure that no alteration is permitted which would increase the degree of nonconformity, except in the Village Special Development Overlay District where the zoning board may allow alteration or expansion at its discretion in conformance with article 11, Jamestown Village Special Development District, and the standards in this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any alteration of a nonconforming building or structure shall be in accordance with the provisions of this chapter. All such alterations that meet all other requirements of this chapter shall be reviewed by the building official during the building permit process (see article 11 for specific requirements in the Jamestown Village Special Development District).

(Ord. of 2-3-2025(1), § 1(Exh. A))

If a nonconforming building or structure is damaged or destroyed by fire, explosion or natural disaster, it may be rebuilt or restored and the nonconforming use continued, provided that:

• • A. The reconstructed building is no larger in volume or footprint than before being destroyed or damaged.

  • B. The reconstructed building does not result in an increase in the degree of nonconformity.

  • C. The reconstruction is commenced within one year after occurrence of the damage and is actively pursued until completion.

  • D. Where reconstruction can be accomplished so as to result in greater conformity with this chapter, then it shall be so done.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A nonconforming use which has been halted for a period of one year shall be presumed to be abandoned. No such nonconforming use shall be reestablished, and any future use must be in conformance to the provisions of this chapter. The owner of the nonconforming use which is presumed abandoned may rebut by presentation of sufficient evidence of intent not to abandon the use. Such appeals will be made to the zoning board.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Where no adjacent land is in the same ownership so as to form a larger land parcel, a lot smaller than the minimum dimensions and area required by this chapter which was a lot of record on the effective date of the ordinance from which this chapter is derived and is on a publicly-accepted street may be used for a single-family dwelling.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Where land adjacent to a substandard lot is owned by the owner of said substandard lot, said substandard lot shall, for the purposes of this chapter, be combined with said adjacent land to establish a lot or parcel of land having at least the required minimum dimensions and area set forth in article 6 of this chapter for the applicable district, without retaining a substandard lot. If all such adjacent land so combined is not sufficient to permit the enlargement of said lot to conforming area and dimensions, then the largest lot or parcel, which the adjoining common ownership will permit, shall be established. By way of example, if all such adjacent land so combined is sufficient to meet the applicable area and dimensional requirements for at least one lot but not for two or more fully conforming lots, then all such lots shall be combined to create a single lot only.

In the event that adjacent substandard lots of record have structures located thereon, which said structures are related to a principal use located on one or more of such lots, then all lots related to said use that have structures located thereon shall be deemed combined.

• • A. Standards for merger of substandard lots on a district-by-district basis. The Town of Jamestown is primarily a residential island community. All of the town drinking water is derived from precipitation that collects in watersheds flowing into two surface reservoirs or which seeps into the ground, reaching cracks in the underlying bedrock. The island's bedrock aquifers have limited yield and its public water supply is at maximum capacity. Much of the town was laid out or platted decades ago and many of the recorded plats contain street layouts, never built, or which were originally created for a less dense population and are already over-taxed in many neighborhoods. The need for preserving or protecting the town water supplies and preserving open space is evident. Accordingly, the merger provisions of this section shall apply in every district within the Town of Jamestown herein designated. The standards for specific districts below notwithstanding, in all zones, the merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

The following districts shall be applicable for merger:

• • • 1) The North End merger district is defined as all lands in the Town of Jamestown extending from the northernmost tip of the island, southerly to Great Creek, excluding the Shores district, on the west side of the island and Carr Lane on the East side of the island including all of tax assessor's plats 1, 2, 3, 4 and 6. A less dense land use pattern and residential zoning districts as well as farmland generally characterize the North End merger district. However, much land exists as nonconforming platted lots upon streets that have not been improved (paper streets). Full build-out of this area would result in development beyond the district's carrying capacity. Public sewer does not serve the district and only a few lots in the Weeden Lane area are serviced by public water. Merger of substandard lots in this area is required.

    • 2) The Shores merger district is defined as those lands in the Town of Jamestown located south of Capstan Street bordered on the west by Narragansett Bay, on the east by North Road, and to the south by the Northerly boundary of tax assessor's plat 6. The Shores district includes all of tax assessor's plats 3A, 5, 14, 15, 16. The Shores merger district is characterized by a dense land use pattern in an environmentally sensitive neighborhood. It is composed entirely of residential zoning districts. The district is composed primarily of nonconforming lots, upon which have been built summer cottages that have been converted to year-round use and newer homes. Public water or sewer does not service the district. Much of the land within the district is subject to seasonal high water tables. Roads are generally narrow and were originally created for seasonal use and a less dense population and are overtaxed in many areas. Merger of substandard lots is required in this area.

    • 3) The East Shore Road merger district is defined by tax assessor's plat 7, bounded on the west by North Road and on the East by Narragansett Bay, south of Eldred Avenue and north of the Newport Bridge. This district is characterized by farmland as well as non-conforming undersized lots that developed as a summer cottage area and has transitioned into a year-round neighborhood. Excluding a few houses in the southern East Shore Road area, public sewer and water does not support the majority of this dense area where problems with potable drinking water have been documented. Full build-out in this district would result in development beyond the area's carrying capacity. Merger of substandard lots in this area is required.

    • 4) The Village merger district is defined as the area between Great Creek and Hamilton Avenue that extends between the east and west shorelines of the island, excluding Beavertail. This district includes all of tax assessor's plat 8 and most of assessor's plat 9. This district contains Jamestown's highest density, which is supported by the presence of public water and sewer. It is characterized by historically and architecturally sensitive neighborhoods. Although there is an overall relationship of lot sizes within the Village, they vary in size from 5,000 square feet to over 30,000 square feet. The density and diversity of the Village area supports the small-town village character desired by its residents. Traffic and parking congestion continue to increase each year. Merger is required in this district to preserve the small-town village character and reduce stress on the village infrastructure including traffic congestion and parking.

    • 5) The South End/Beavertail merger district is defined as all lands in the Town of Jamestown extending south of Hamilton Avenue to the southern end of Conanicut Island and all of Beavertail. The South End district includes all of plats 10, 11, 12, 13 and the southern portion of 9. The South End merger district is characterized by a discontinuous pattern of low-medium density residential development separated by undeveloped open space/state parks and medium-high density nonconforming residential lots. These areas are in residential zoning districts. In many of these areas, wetlands and high water tables present severe constraints to sewage disposal, and protection of coastal and fresh water wetlands is vital. Portions of the district are served by public water; however, the town's supply of water is severely limited. Public sewer services no portion of the district. As in the North End merger district, merger of lots is required. In all districts, merger is appropriate to preserve and protect the natural resources of the town, including its fragile water supply, to ensure that the existing town infrastructure within each district is not overburdened, to preserve the character of the neighborhoods within each district, and to ensure compliance with the Jamestown Comprehensive Plan.

(Ord. of 2-3-2025(1), § 1(Exh. A))

There shall be development plan review for uses that are permitted by right under the zoning ordinance.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The permitting authority shall be the planning commission, the administrative officer or the technical review committee per the Town of Jamestown Land Development and Subdivision Regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Design of all projects shall be consistent with the provisions of the Town of Jamestown Land Development and Subdivision Regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The authorized permitting authority may grant waivers of design standards as set forth in the Town of Jamestown Land Development and Subdivision Regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A rejection of the decision shall be an appealable decision pursuant to G.L. 1956, § 45-23-71.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All submissions for site plan approval, also known as development plan review, involving residential developments of more than five dwelling units, non-residential developments involving more than 2,500 square feet of building area and/or mixed use developments may be required by the planning commission to pay a project review fee for costs incurred by the town to retain technical consultant(s) review(s) of such projects. At the initial meeting on any such application, it shall be determined whether the planning commission will require outside technical review(s) of such projects to assist the planning commission in their project review. The planning commission shall not be precluded from obtaining different and/or additional outside technical project review assistance if during the project review the planning commission determines issues have arisen which requires such different and/or additional outside project technical review. Any such outside technical project review assistance fee shall be paid for by the applicant and be equal to the actual amount expended by the planning commission to hire the needed professional resources necessary to perform an adequate review of such projects. The planning commission shall provide a good faith estimate of said project review fees and such estimated costs shall be paid by the applicant prior to the planning commission proceeding further with the project review. Upon completion of the project review, any excess funds shall be refunded to the applicant or any fund shortage shall be paid by the applicant prior to receiving final plan approval.

The planning commission may also charge an inspection fee to the applicant of a development plan to determine compliance of the as-built project with the approved development plan. Any and all costs incurred pursuant to the inspection subject to this section and authorized by the planning commission shall be separate from any project review fee. The applicant for development plan approval shall pay any such inspection fee to the town prior to the issuance of a certificate of occupancy for the project. The zoning board of review is also authorized to impose such project review fees to obtain outside technical assistance for any special use permit and/or variance zoning relief petition submitted for their review, or to the planning commission in the case of unified development review. It shall be determined at the initial meeting on the application for zoning relief whether project review assistance is required. The zoning board of review, or the planning commission in the case of unified development review, shall provide a good faith estimate of said project review fees and such estimated costs shall be paid by the applicant prior to the zoning board of review or planning commission proceeding further with the zoning relief application. Upon completion of the project review, any excess funds shall be refunded to the applicant or any fund shortage shall be paid by the applicant prior to receiving final plan approval.

(Ord. of 2-3-2025(1), § 1(Exh. A))

This article is designed to encourage traditional neighborhood patterns such as those existing in Jamestown Village today. The implementation of article 11 is intended to protect and complete these patterns so that all new development will be harmonious and compatible with existing village character, while also encouraging housing that is diverse and affordable for residents at different stages of life.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The Jamestown Village Special Development Overlay District is comprised of all lots within the R-20, R-8, CW, CL, CD, DC, and P Zoning Districts as shown on the Zoning Ordinance Map.

• B. Provisions of this article are activated by "shall" when required; "should" when recommended but optional; and "may" when permitted but optional.

• C. The provisions of this article, when in conflict with those of other sections or articles of this Code, shall take precedence.

• D. Section 82-104, Definitions, contains regulatory language that is integral to this article. Those terms not defined in section 82-104 shall be defined by the zoning enforcement officer and should be generally in accord with their commonly accepted meanings. In the event of conflicts between these definitions and those of the existing local codes, those of section 82-104 shall take precedence.

• E. The numeric standards contained in Table 11-1 are an integral part of this article. However, the diagrams that accompany them should be considered as instructional in nature.

• F. Where in conflict, numeric metrics shall take precedence over graphic metrics.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In addition to the development plan review thresholds provided in the town's subdivision and land development regulations, the planning commission shall review and provide a decision on applications in accordance with the following provisions.

• • A. The planning commission shall review any proposed substantial modification, as defined in section 82-104, Definitions, except where TRC is specifically granted jurisdiction over a substantial modification in section 1102.3 D below.

  • B. The planning commission shall review any application where an addition to or modification of a building is actually or potentially eligible for inclusion on a state, local, or national historic register.

  • C. The planning commission shall review any development application where existing conditions represent a legally established pre-existing non-conforming situation. Alterations or expansions of legally established pre-existing non-conforming buildings or parking areas may be allowed as part of planning commission DPR review, in accordance with section[s] 82-904 and 82-905, where they are considered a non-substantial modification and meet the standards of the Village Special Development District.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Where the planning commission is the DPR approving authority for formal development plan review, the TRC shall serve in an advisory capacity regarding which standards apply and what is required for compliance.

In addition to the development plan review thresholds provided in the town's subdivision and land development regulations, the TRC, in a process led by the administrative officer, shall review and provide a decision on applications that do not require planning commission review, but include one or more of the following:

• • A. The development of new single-family or duplex dwelling in the R-8, R-20, CW, CL, CD, DC, and P Zoning Districts;

  • B. A change in parking layout or the addition of up to 15 parking spaces;

  • C. A change in site design or lot coverage that changes both the on-site drainage patterns and how stormwater may impact abutting or nearby properties; or

  • D. Where a change in use category is the only factor that qualifies a proposal as a substantial modification, and no other thresholds for planning commission DPR apply under article 10.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following design standards are provided to ensure that development proposals in the Jamestown Village Special Development Overlay District meet the goals of that district. Several standards in article 11 apply only within certain "layers" of lots and of public roads. These are referred to throughout this article as the first layer, second layer, and third layer. For a diagram of where these layers are located, see Table 11-1.c, Lot Layers, below.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. General. The location of buildings and structures shall comply with the setback standards in Table 6-2.

  • 1) Setbacks for newly proposed buildings may only be reduced below the standards set forth in Table 6-2 through the granting of a variance from the zoning board.

  • 2) Pre-existing buildings that do not meet the setback standards of Table 6-2 shall be reviewed by the planning commission pursuant to section 82-1102.1.

• B. Specific to CW, CL, CD and P.

  • 1) In these districts, it is the intent of this chapter to use building placement as a means to create a vibrant public realm along the frontage of the property. The façade of the primary building serves as one boundary of the property frontage as further regulated in section 82-1103.2 below.

  • 2) Façades shall be built parallel to a rectilinear principal frontage line or to the tangent of a curved principal frontage line, and along a minimum percentage of the frontage length at the setback (for required setbacks, aka minimum yards, see Table 6-2).

  • 3) Building placement types shall be allowed in accordance with Table 6-2.

  • 4) One principal building at the frontage, and one accessory structure to the rear of the principal building, may be built on each lot as shown in Table 11-1.b, Building disposition. No accessory structures may be erected without a primary structure in place on the same lot. An accessory structure may be constructed before the primary structure where there is reasonable assurance that the primary structure shall be constructed within a year of the accessory structure's completion. The town may require documentation of the intended construction schedule as part of the permit review process.

• C. Commercial development on lots within the CD district that are adjacent to residential zoning districts are strongly encouraged to utilize the setbacks as prescribed in the CL Zone to allow a transition from the denser CD district into the village residential districts.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Property frontage areas include the area on private property between the primary building façade and the right-of-way (private frontage) and the edge of the right-of-way to the edge of street pavement (public frontage). Depending on the type of district, the relationship between the public and private areas will differ, but in every case, the design of these areas has a significant effect on how one experiences the district. The design of both frontage areas is therefore important to achieving the goals of village district development.

• • A. General.

    • 1) Property frontage areas shall be designed and maintained to create a vibrant public realm in which pedestrians feel safe and comfortable walking along the street, crossing the street, and, where appropriate, entering into private property from the street.

    • 2) In residential districts, the division between the private and public realm should be clearly established through the use of landscape features including, but not limited to, vegetation and decorative walls or fencing that create a clear divide between public and private property.

    • 3) In commercial or mixed-use districts, the interface between the public and private way shall be designed to connect pedestrians from the sidewalk to the entranceways of primary buildings. Landscaped features such as decorative walls and fencing shall be used to separate pedestrians from travel lanes, parking lots or other areas where conflicts can occur with motorists.

    • 4) When located within any property frontage area, parking spaces for automobiles and travel lanes shall not be located in front of primary building façades.

  • B. Frontage trees.

    • 1) On streets in residential districts, the town shall provide street trees to the extent that the design of the public right-of-way can accommodate trees. Where trees cannot be accommodated in the public right-of way, trees in the first layer are highly encouraged and should be selected from the list provided by the tree preservation and protection committee as updated periodically.

    • 2) On streets in commercial or mixed-use districts, the town shall provide frontage trees to the extent that the design of the public right-of-way can accommodate trees. The town may also approve the installation of frontage trees as part of development proposals for adjacent private property.

    • 3) Trees planted in or along the public right-of-way shall be planted in a linear fashion and spaced approximately 40 feet from each other.

    • 4) Trees planted in high traffic pedestrian areas shall be protected by permanent decorative barriers or tree grates.

    • 5) Where feasible, trees along the right-of-way should be installed as linear tree trenches or individual tree box filters specifically designed to treat stormwater runoff. Trees may also be planted as part of linear bioretention facilities along the frontage area.

    • 6) Trees planted in pedestrian areas shall be selected and maintained to have ten feet of vertical clearance from grade.

  • C. Frontage - R-8, R-20, CW, CL, CD and P Districts.

    • 1) Buildings on corner lots shall have two private frontages as shown in Table 11-1.a.

    • 2) For waterfront lots, the applicant shall propose whether the street frontage, the waterfront, or both should serve as the primary frontage for the purposes of designating layers.

  • D. Frontage - R-8 and R-20 Districts.

    • 1) Open covered porches may encroach upon the first layer up to 50 percent of the depth of the first layer. (Table 11-1.c)

    • 2) Balconies and bay windows may encroach upon the first layer up to 25 percent of the depth of the first layer.

  • E. Frontage - CL District.

    • 1) Balconies, open covered porches and bay windows may encroach upon the first layer up to 50 percent of the depth of the first layer. (Table 11-1.c)

  • F. Frontage - CW, CD, and P Districts.

    • 1) Awnings may encroach upon the sidewalk to within two feet of the curb but must clear the sidewalk vertically by at least eight feet.

    • 2) Stoops, lightwells, balconies, bay windows, and terraces may encroach upon the first layer up to 100 percent of the depth of the first layer.

    • 3) Loading docks and service areas shall not be permitted in frontage areas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Parking areas - CL District.

  • 1) All parking areas and garages shall be located at the second or third layer. (Table 11-1.c)

• B. Parking areas - CW, CD and P Districts.

  • 1) All parking lots, garages, and parking structures shall be located at least five feet behind the principal building façade. (Table 11-1)

  • 2) Vehicular entrances to parking lots, garages, and parking structures shall be no wider than 18 feet at the frontage.

  • 3) A minimum of one bicycle rack place shall be provided within the public or private frontage for every ten vehicular parking spaces, rounded down.

  • 4) The restoration or rehabilitation of an existing building eligible for inclusion on a state, local or national historic register to National Park Service Historic standards or any local historic district standards shall not require the provision of parking in addition to what is already existing.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. General standards. Building design within the Jamestown Village Special Development Overlay District shall be consistent with the guidance provided in "A Jamestown Vision: Pattern Book & Design Guidelines for Building in the Village, June 19, 2008" (as amended). The permit reviewing authority shall compare the contents of the proposal with the following sections to determine whether there is consistency between the application and these sections of the village guidelines:

  • 1) Building form

  • 2) Building elements

  • 3) Mixed use and retail

  • 4) Materials and methods

• B. Specific standards. In addition to the requirements of subsection A above, the following specific building design standards shall apply.

  • 1) The first story of all commercial or mixed-use façades shall be glazed with clear glass over no less than 30 percent of the façade area.

  • 2) Commercial and mixed-use building stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first-floor commercial use, which shall be a minimum of 11 feet and may be a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33 percent of the floor area shall be counted as an additional story.

  • 3) The use of an attic, at its building limit height, shall be ancillary to the use on the level below, unless approved as an accessory dwelling unit as permitted in section 82-1201, Accessory dwelling units.

  • 4) The minimum size of a dwelling within a principal building shall be 300 sq ft in interior space. Accessory structures may be developed, as provided in section 82-1201.

  • 5) No flat-roofed buildings or structures may be constructed unless they meet the definition of green roof per section 82-104, Definitions. All roofs should have a minimum pitch of six inches on 12 inches (22.5 degrees).

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Plant selection for multi-family, commercial, or mixed-use development.

  • 1) No tree, shrub or plant shall be proposed that has been identified as an invasive species by the Rhode Island Invasive Species Council.

  • 2) Landscaping shall be designed to remain functional and attractive during all seasons through a thoughtful selection of deciduous, evergreen, berrying, and flowering plant varieties including meadows of perennial and annual plants.

  • 3) Plant varieties shall be selected for resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas of the site. Plants shall be selected, with preference to plant species native to Rhode Island in order to maximize biodiversity and the landscaping's contribution to Jamestown's ecosystem, so that landscaping can be maintained with minimal care and the need for watering, pesticides or fertilizers can be minimized or eliminated.

  • 4) The use of turf shall be minimized, but where it is used, turf should not be planted in strips less than six feet wide in any direction. Lawn seed mixes shall be drought resistant. To achieve a high level of drought tolerance, lawn mixes may include, but shall not be limited to, a predominance of fine fescues.

• B. General to zones CW, CL, CD and P.

  • 1) Landscaping shall be used as part of a site-wide stormwater management strategy to the maximum extent practicable. Vegetated management practices for stormwater runoff may include, but are not limited to:

    • a) Rain gardens and/or bioretention facilities

    • b) Grassed and/or vegetated swales

    • c) Extensive or intensive green rooftops

    • d) Tree trenches and/or individual tree box filters

  • 2) Cisterns and rain barrels are encouraged for use in landscape watering.

  • 3) The restoration or rehabilitation of an existing building eligible for inclusion on a state, local or national historic register to National Park Service Historic standards or any local historic district standards shall not require the provision of drainage infrastructure in addition to what already exists.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. All signage within the Jamestown Village Special Development Overlay District shall conform to article 14, Sign regulations.

• B. In addition to compliance with article 14, signage design within the Jamestown Village Special Development Overlay District shall be consistent with the guidance provided in "A Jamestown Vision: Pattern Book & Design Guidelines for Building in the Village, June 19, 2008" (as amended). The permit reviewing authority shall compare the contents of the proposal with the signage and awnings section to determine whether there is consistency between the application and the village guidelines.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The Jamestown Zoning Map may designate the following special requirements for the Jamestown Village Special Development Overlay District when recommended by the planning commission and approved by the town council per article 17 (Amendment) of this chapter:

  • 1) recommended view corridor designation, advising that views remain open and visible from the public frontage.

  • 2) A building of value designation requiring that the building or structure may be altered or demolished only after demonstration to and approval by the planning commission that restoration, preservation or renovation of the building is unfeasible. Such buildings should be eligible for reductions in parking requirements and may be more readily considered for bed and breakfast or guest house permits. standards shall be developed for buildings of value in conjunction with or prior to designation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The Town of Jamestown, consistent with the housing chapter of its comprehensive plan, allows the development strategies as listed in article 16 to encourage the development of low and moderate income (LMI) housing in Jamestown, including in the Village Special Development Overlay District. All units developed under this section shall meet the definition of LMI housing in this chapter and G.L. 1956, ch. 45-53 and meet the affordability requirements in section 82-1605 H. The increase in density permitted by this section shall be considered a municipal subsidy.

• • A. Affordable lots and homes. The Jamestown Village Special Development Overlay District allows the minor subdivision of existing lots that would not otherwise be eligible for subdivision based on the dimensional standards associated with the underlying zoning district. The table below provides dimensional regulations for the new "affordable" lots. Such lots/housing thus created shall remain affordable through a land lease (land trust model) which ensures affordability in perpetuity and/or a deed restriction for at least the minimum time period required by state law. Lots/homeownership units using a land lease shall be put in the Church Community Housing Corporation's Land Trust program (or one accepted by the Town of Jamestown) using a ground lease to ensure long term affordability. All new lots shall be created pursuant to the process and notice requirements in the Jamestown Subdivision and Land Development Regulations.

Due to the infill intent of this LMI housing strategy, only one new "affordable lot" shall be created per existing lot.

 

* The attic space of buildings may be a separate unit of LMI housing as defined and in accordance with section 82-1201, Accessory dwelling units. This allowance does not preclude compliance with any state or local life safety codes/requirements.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The town has determined that there are a number of undersized lots that exist today in the village and more will be created as a strategy to increase the stock of LMI housing in Jamestown. The guidelines outlined in this section are to ensure the preservation of existing neighborhood character (through a continuation of the patterns of design and the materials and methods of traditional architecture) in the development of these undersized lots for residential development.

• • A. Development of existing vacant or new vacant lots or development of accessory buildings on lots that do not meet the required 20,000 square foot minimum lot size in the R-20 Zone and 8,000 square foot minimum lot size in the R-8 Zone shall adhere to the basic residential design guidelines in "A Jamestown Vision - Pattern Book and Design Guidelines for Building in the Village, June 19, 2008" (as amended).

  • B. Prior to building permit approval, applications for new construction that meet these guidelines shall be reviewed and approved per section 82-1004.2, TRC as DPR approving authority. In cases where applications do not meet these guidelines the TRC shall determine whether review by the town architectural consultant is appropriate or review by the planning commission is appropriate or both. The cost associated with review by the town architectural consultant shall be borne by the applicant per section 82-1008 of the zoning ordinance, Project review fees.

  • C. Summary of residential design guideline elements for undersized lots in the R-8 and R-20 Zoning Districts.

    • 1) Parking (page 5 in the village design guidelines). Parking shall be on the rear or side of the house, well behind the plane of the front door.

    • 2) Building massing and roof form (page 7 and 8 in the village design guidelines). Smaller homes may be one simple clear form where larger homes may incorporate a second or a third volume. Roofs shall have a clearly legible dominant roof form with roofs of secondary volumes deferring in scale to the main body of the building.

    • 3) Building types (pages 9 and 12 in the village design guidelines). Simple building shapes are preferred for the dominant structure and then add smaller, secondary forms for additional space.

    • 4) Openings (pages 11, 21, 22 in the village design guidelines). Windows and doors are generally organized and ordered in a fashion dividing the primary façade into thirds, fourths and fifths.

    • 5) Garages and accessory structures (page 13-14 in the village design guidelines). The design of any accessory structure should be harmonious with that of the main house and designed in a way that does not compete in scale or volume with the primary building mass. Garage doors (page 20 in the village design guidelines) deserve design attention and single 16-foot or wider doors should be avoided.

    • 6) Walls (page 15-16 in the village design guidelines). Exterior walls of individual buildings and multiple buildings on one site should be consistent in material throughout a major building form or volume. Where changes in material do occur, they should follow the guidelines on page[s] 15 and 16.

(Ord. of 2-3-2025(1), § 1(Exh. A))

This table illustrates important concepts described in article 11, Jamestown Village Special Development Overlay District, and the Definitions provided in section 82-104.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Each of the following uses is permitted in a specific district to the extent indicated in section 82-601, Uses and districts, for that use and district, subject to all provisions of the applicable district, and the provisions in this section. Any use below is permitted in the underlying zoning district if it meets all the requirements for that district, meets the specific and objective criteria listed in this section, and, if required, receives an approval of a special use permit per the standards of section 82-300, Considerations of the zoning board.

The purposes of this article include:

• • A. To provide the Town of Jamestown the authority to allow for multifamily structures and/or developments.

  • B. To facilitate the development of homes that can meet the needs and preferences of residents more inclined to purchase or rent smaller homes.

  • C. To provide density and design standards that ensure the development of multifamily structures will positively contribute to the community setting.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The planning commission, through unified development review per section 82-310 and formal development plan review per article 10 and the town's subdivision and land development regulations, may permit, in the zoning districts specified in section 82-601, the establishment of multifamily dwellings by the granting of a special use permit in accordance with the provisions of article 3 [of this chapter] and additional standards found in this article 12. In addition to the considerations listed in section 82-300, the planning commission shall also consider:

• Whether the development meets the purposes of this chapter.

• Any advisory opinion from the technical review committee through the development plan review process.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards of development shall apply to any multifamily dwelling structure or project:

• • A. Permitted uses. Uses permitted in multifamily structures or developments shall be limited to those allowed in the applicable zoning district. Permitted accessory uses in all zoning districts include laundry facilities, refuse collection, recreation facilities, community rooms, single rental offices, or model units, etc., which are intended primarily for use of the residents thereof and are not commercial in nature. Other accessory uses may only be permitted if allowed in the zoning district under the provisions of section 82-601 and shall meet all of the applicable regulations of this chapter.

  • B. Dimensional regulations. All regulations with regard to lot size, yards, lot coverage and any other dimensional requirements shall be as set forth in section 82-1200 4.C, and as further provided in Table 6-2.

  • C. Density regulations—Multifamily dwelling projects. The maximum density of residential dwelling units that may be developed within any multifamily dwelling project shall be determined by Table 12-1. Developable land area is calculated as the gross land area on a lot minus 25 percent open space requirement for the CL and DC districts and 50 percent open space requirement for R-8 and R-20 zoning districts for multifamily dwelling projects, which does not include any land unsuitable for development as defined in section 82-104.

Table 12-1 Density Regulations - Multifamily Dwellings

 

¹  Developable land area is calculated as the gross land area on a lot minus any land unsuitable for development as defined in section 82-104.

²  "Water" and "sewer" refer to public water service or public sewer service as provided by the Town of Jamestown.

• • D. Density - Multifamily structures. Not more than four dwelling units shall be permitted in a multifamily dwelling structure in any district where permitted, pursuant to the definition of multifamily structure in section 82-104, Definitions. Each multifamily dwelling structure shall have no more than a 4,000 square-foot footprint. The zoning board or appropriate permitting authority may allow a structure to contain more than four dwelling units, provided the following conditions are met to the satisfaction of the zoning board:

• That there is an existing need for the type of housing proposed specifically documented in the town's comprehensive plan;

• The dwelling units will be available to meet that unmet need long term; and

• There are no practical means to construct an additional structure or structures on the site for the additional dwelling units.

• • E. Site design.

    • 1) Open space. In the R-8 and R-20 districts, the open space area shall not be covered by buildings, or aboveground utilities. Fifty percent of the total "open space" shall be open space designed and/or maintained for the enjoyment of residents on that site without buildings, driveways, parking areas or aboveground utilities. These areas may include, without limitation, perimeter buffer areas, walkways, paths, playgrounds, outdoor recreation areas, gardens, ornamental, landscaping, or natural areas. In the CD and CL districts, the open space area shall not be covered by buildings, or driveways but maintained for the enjoyment of residents on that site and may include, without limitation, perimeter buffer areas, walkways, paths, playgrounds, outdoor recreation areas, gardens, ornamental, landscaping, or natural areas. In the CD and CL districts, particular attention shall be paid to the public frontage; specifically encouraging compliance with the retail and mixed use and residential porches guidance as noted in the Jamestown Pattern Book and Guidelines.

    • 2) Compact development. Where multifamily development is proposed, clustering of structures is encouraged in order to increase accessibility of open space and foster a sense of community.

    • 3) Perimeter buffering. Fences, walls, or vegetative screening shall be provided along the perimeter of any lot containing a multifamily structure/development where such a buffer will:

      • a) Provide a smooth visual transition between multifamily development and residential lots.

      • b) Provide an indication of the property boundary location, thereby limiting inadvertent trespass.

      • c) Provide protection of privacy where structures may be close enough together across property lines to warrant concern.

    • 4) Screening. The following uses and areas within the premises of a multifamily structure or development shall be screened from adjacent residential properties or public streets.

      • a) Off-street parking areas containing more than ten spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for the purposes of determining whether this threshold applies.

      • b) Service areas for loading and unloading vehicles other than passengers, and for storage and collection of trash and garbage.

      • c) Utility areas such as pumping stations, electric utility substations, and the like.

      • d) In the CD zoning district, buffering and screening as defined in this section shall not be required adjacent to commercially developed land.

    • 5) Areas of secondary importance. These areas include stands of mature woodlands, significant wildlife habitats, prime farmland or open meadows and their defining tree lines, hedgerows and/or stonewalls, historic structures or community landmarks, and scenic views to, from or within the property. These features add character and value to the community and help maintain the rural character. Efforts shall be made by the developer, as evidenced in development plan submittals, to minimize adverse impacts to these areas by use of design which is sensitive to existing site conditions.

  • F. Building design. Multifamily building design shall be consistent with the guidance provided in "A Jamestown Vision: Pattern Book & Design Guidelines for Building in the Village, June 19, 2008" (as amended) and will incorporate architectural styles consistent with existing buildings in the neighborhood, in order to meet the purposes described in section 82-1200.1 C above. The permit reviewing authority shall compare the contents of the proposal with the following sections to determine whether there is consistency between the application and these sections of the guidelines:

    • 1) Building form

    • 2) Building elements

    • 3) Materials and methods

(Ord. of 2-3-2025(1), § 1(Exh. A))

The intent and purpose of this section is to:

• • A. Allow the creation of independent and quasi-independent living spaces that provide accommodations for additional family members or other tenants.

  • B. Preserve and protect the family in Jamestown by enabling multiple generations of family members to live together and care for one another while maintaining a degree of privacy and individual dignity through separate dwelling units.

  • C. Protect stability, property values, and the residential character of a neighborhood by ensuring that accessory dwelling units are installed under such additional conditions as specified herein.

  • D. Provide for public safety by ensuring that accessory dwelling units are created legally, and in accordance with all applicable local and state codes.

  • E. Nothing in this section shall infringe upon the right of an individual to add living space to a home in accordance with existing regulations and codes.

(Ord. of 2-3-2025(1), § 1(Exh. A))

An accessory dwelling unit may be permitted, by right, in any residential zoning district with the following limitations:

• • A. Accessory dwelling units are only allowed on a lot with one single-family or with a duplex dwelling as the principal dwelling and should appear to be subordinate to the principal dwelling. The ADU shall be permitted to be 900 square feet, or 60 percent of the floor area net of the principal dwelling, whichever is less, for a studio or one bedroom ADU and up to 1,200 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less, for a two bedroom ADU.

  • B. Only one ADU may be allowed per lot by right:

    • 1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

    • 2) On any lot with a total lot area of 20,000 square feet or more for which the primary use is residential; or

    • 3) Within the existing footprint of the principal dwelling or existing secondary attached or detached structure (as of the date of the ordinance from which this chapter is derived approval) and does not expand the footprint of the structure.

  • C. Accessory dwelling units located within or attached to the principal dwelling shall meet all the requirements of section 82-602, District dimensional regulations, as they pertain to the principal dwelling.

  • D. Accessory dwelling units located in a new or existing accessory structure:

    • 1) Shall meet the requirements of section 82-602, District dimensional regulations, and section 82-700, Miscellaneous structure and site regulations, as they pertain to an accessory structure (82-700);

    • 2) Shall meet all applicable requirements for accessory structures in section 82-700, Accessory structures;

    • 3) Except that in no case can an ADU be located in the front yard. ADUs are not eligible for the special permits described in section 82-700 D, Accessory structures;

  • E. All new or expanded detached ADUs shall have architectural detailing compatible with the main structure, including roof shape, window patterns, proportions and materials per 82-1106.1 C. All new detached ADUs shall be designed in a way that does not compete in scale or volume with the primary building mass.

  • F. Units located within or attached to the principal dwelling may be accessible either through the same means of ingress and egress as the principal dwelling or a separate entrance located to the side or the rear.

  • G. Either the principal dwelling or the ADU must be owner occupied unless both dwelling units are made available for long-term occupancy through a long-term lease (one-year or more). The owner may occupy the ADU and may only rent the principal dwelling if it is made available for long-term occupancy through a long-term lease (one year or more).

  • H. At least one off-street parking space will be provided in addition to the required parking spaces of the primary use.

  • I. ADUs shall not be offered or rented for tourist or transient use or through a hosting platform (as such terms are defined in G.L. 1956, § 42-63.1-2. as a short-term rental).

  • J. ADUs that meet these regulations and are not part of a larger development proposal shall be reviewed by the zoning/building official and shall not, by themselves, be reviewed as minor land developments, major land developments, or special use permits.

  • K. On any lot serviced with an on-site wastewater treatment system (OWTS), if the ADU results in an increase in the total number of bedrooms, the state-permitted OWTS shall meet the total bedroom demand or the owner shall have the existing or any new system approved by RIDEM.

  • L. The ADU will comply with all applicable state and local regulations.

  • M. Length of occupancy. All ADUs and accessory family dwelling units formerly granted though this chapter, if rented, must be made available for long-term occupancy through a long-term lease (one-year or more).

(Ord. of 2-3-2025(1), § 1(Exh. A))

A bed and breakfast home is a single building or part thereof used only for residential dwelling and occupied by the owner thereof in which:

• • A. No more than five rooms are available on an overnight basis for transient guests for compensation;

  • B. No more than four people are permitted to occupy any one room;

  • C. No more than ten transient guests are permitted at any one time;

  • D. No cooking facilities are permitted in any guestroom;

  • E. Meals may only be provided for transient guests of the bed and breakfast home;

  • F. No person may occupy said room or rooms more than 14 days in any 30-day period; and

  • G. Use is authorized by the zoning board, and then is subject to the requirements of any state and local permits.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Bed and breakfast homes are permitted only upon the initial issuance of a special use permit by the zoning board. All applications for a bed and breakfast home shall include the following:

• • A. Site plan requirements. In a site plan submission, plans for a bed and breakfast home shall be presented to the zoning board of review. The plans shall be prepared by a registered architect, registered landscape architect and/or engineer, and shall show the following, together with appropriate dimensions:

    • 1) Proposed name of the bed and breakfast home;

    • 2) Location by legal description;

    • 3) Names and addresses of applicant and designer of the plan;

    • 4) Scale of plan, one-inch equals 40 feet or larger;

    • 5) Date, north arrow, and contours at two-foot intervals;

    • 6) Boundary line of property indicated by a solid line, and the total acreage encompassed thereby;

    • 7) Location, widths and names of all existing or prior platted streets, utility rights-of-way, parks, and other public open spaces, saltwater or freshwater wetlands, permanent buildings and structures, houses or permanent easements and zoning boundary lines, within 200 feet of the lot;

    • 8) Existing sewers, water mains, culverts and other underground facilities located on the lot, indicating pipe sizes, grades, manholes and location;

    • 9) Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking;

    • 10) Location and dimensions of vehicular drives, entrances and exits; location and dimensions of pedestrian entrances, exits and walkways;

    • 11) Number of dwelling rooms and number of bedrooms;

    • 12) Floor plans and exterior elevation drawings of all buildings, with exterior dimensions; including all means of ingress and egress;

    • 13) Construction materials, including fire ratings, if any;

    • 14) Fire protection systems;

    • 15) Location, height and materials of walls, fences and screen planting;

    • 16) Ground cover, finished grades, slopes, banks and ditches;

    • 17) Proposed or existing utilities, including sewers, water, lighting, electricity and communications;

    • 18) Drainage plan showing methods of disposal and/or control of surface water runoff.

  • B. Minimum standards for approval. Every bed and breakfast home shall comply with the following minimum standards:

    • 1) Each guestroom shall have two means of egress.

    • 2) Each guestroom shall contain an approved fire extinguisher and an approved fire detector and meet applicable standards of the local fire marshal.

    • 3) A list of all guests and their addresses shall be maintained by the owner and be made available to the town upon request of the zoning enforcement officer and/or tax assessor.

    • 4) An adequate sewage disposal system must be in place with proper documentation by RIDEM [Rhode Island Department of the Environment] or by a certified OWTS designer or installer. Alternatively, the board of water and sewer commissioners shall certify that adequate sewer capacity has been allotted for the proposed use and that all fees have been paid.

    • 5) Water-saving devices shall be installed in all water fixtures in the building, including fixtures in the primary residence. Bed and breakfast homes using private water wells shall provide a certificate of good water quality from the state of the environment.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The purposes of this section include:

• • A. To provide housing types that are responsive to changing household demographics (e.g., retirees, small families, single parent households, single person households, dual owner households);

  • B. To provide opportunities for low to moderate income housing within single-family neighborhoods;

  • C. To encourage creation of functional usable open space in residential communities;

  • D. To promote neighborhood interaction and safety through design; and

  • E. To ensure compatibility with neighboring uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. CCD is allowable only through major land development application to the planning commission. A CCD is only permitted in the following zoning districts: R-20, R-8, CL, and CD.

• B. Where a lot is split by any of the zones described above, only the portion of the lot that is fully eligible may be proposed as part of a CCD.

• C. CCD is only allowable when connected to public water and sewer.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Applications shall follow the procedures for major land development per the town's subdivision regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any CCD is subject to the inclusionary zoning requirements of section 82-1605.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The maximum density shall be 15 cottage units per acre of land not defined as land unsuitable for development in section 82-104.

• B. An individual cottage development shall contain a minimum of six dwelling units and may contain a maximum of 30 dwelling units.

• C. None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. A CCD may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

• B. No detached accessory structures shall be allowed except as development facilities such as storage sheds, garages, utility structures, or similar common facilities.

• C. Dwelling units shall be separated by a minimum of ten feet from the side edge of one building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten-foot separation shall be measured from the outside edge of these features.

• D. Dwelling units not abutting or oriented towards a right-of-way shall have a front yard oriented towards the common open space.

• E. The total habitable floor area, as defined in section 82-104 of the zoning ordinance, of each cottage unit shall not exceed 1,200 square feet. No building footprint, excluding any enclosed porch area, shall exceed 800 square feet. Habitable floor area in a two-story cottage for the second floor shall not exceed 400 square feet.

• F. The distance between the front building edge and the right-of-way or the edge of the common space shall be at least 15 feet.

• G. The building height for all structures shall not exceed 22 feet.

• H. The nearest building in the cottage community shall not be closer than 50 feet from the lot line of any abutting residential use.

• I. Accessory dwelling units are not allowed within a CCD.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. A minimum of 250 square feet of common open space shall be provided per dwelling. However, not less than 3,000 square feet of common area shall be provided regardless of number of dwelling units.

• B. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 20 feet, unless part of a pathway or trail.

• C. Required common open space shall be divided into no more than two separate areas per cluster of dwelling units.

• D. Common open spaces shall have dwelling units that face each other across the common open space.

• E. Common open space shall be designed for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.

• F. Stormwater management facilities shall not be located in a common open space area, except where swales or other natural conveyance features are included in the design.

• G. All dwelling units shall have dedicated access ways to the common open spaces.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In addition to the dimension requirements in section 82-1203.6, the following building design standards shall apply:

• • A. Variety in building design. The same combination of building elements, features and treatments shall not be repeated on individual dwelling units for more than 20 percent of the total dwelling units in a cottage housing development. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. A minimum of five of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

    • 1) Variation in general architectural elevation and size (this is required);

    • 2) Variation in roof or building colors and materials, such as brick, stone or other masonry as accents (vinyl or cementitious finish materials are prohibited);

    • 3) Varying roof shapes or gables between adjacent structures;

    • 4) Windows with visible trim and mullions;

    • 5) Roof brackets;

    • 6) Dormers;

    • 7) Fascia boards;

    • 8) Bay windows;

    • 9) Entry enhancement such as a well detailed door (multi-panel or glass insert), window adjacent to front door, or roof extension;

    • 10) Trellis;

    • 11) Modulation;

    • 12) Chimney (shown on the exterior of the house);

    • 13) Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest;

    • 14) Additional porches and patios (required porch not included);

  • B. Porches.

    • 1) Cottage housing units shall have a covered porch over the primary entrance at least 60 square feet in size with a minimum dimension of six feet on any side.

    • 2) Cottage housing units shall have the covered porches of the main entry oriented to the common open space or the public street right-of-way as applicable.

  • C. Fences. All fences interior to the development shall be no more than 36 inches in height and shall be made of natural materials.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. A minimum of 1.5 spaces per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement.

• B. Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.

• C. Garage doors shall not be oriented towards a public right-of-way with the exception of an alley or walkway.

• D. Garages and carports shall not be located between the common open space and the dwelling units.

• E. Surface parking lots shall be broken into sub-lots of no more than 15 parking spaces.

• F. Parking in the form of garages, carports, or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.

• G. Surface parking lots shall be set back 20 feet from the outside perimeter of the cottage community.

• H. Parking shall be set back a minimum of 20 feet from a public right-of-way.

• I. Surface parking lots of more than four spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features.

• J. A pitched roof design is required for any enclosed parking structures.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The planning commission shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:

"If the owners, or their successors or assigns fail to maintain the common area, the town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns."

• B. Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage 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. A typical example would be creation of a homeowner's association or condominium association with authority and funding necessary to maintain the common areas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All applications shall be required to meet RIDEM's stormwater standards.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems.

• B. These standards are intended to ensure that solar energy systems are compatible with the surrounding area, provide for public safety, and minimize impacts on scenic, natural, and historic resources.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The provisions of this section shall apply, as specified herein, to construction, operation, and/or repair of solar energy systems in the Town of Jamestown, installed and constructed after the effective date of this article.

• B. Accessory solar energy systems for which a building permit application has been submitted prior to the enactment of this section shall not be subject to the requirements found herein.

• C. Any upgrade, modification or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this article.

• D. Any solar energy systems that are proposed to be located on town-owned property are subject to the requirements of this section unless otherwise noted.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Location. Major solar energy systems are prohibited in Jamestown, as indicated in Table 6-1. Accessory solar energy systems are permitted as an accessory use in all zoning districts, as indicated in Table 6-1.

• B. Exemptions. Building-mounted or building-integrated accessory solar energy systems for residential or commercial uses shall be allowed by right in all zones. Nothing herein shall preclude the Town of Jamestown from proposing to install ground-mounted or other solar energy systems on any town-owned or -controlled property regardless of the zoning district (though still subject to the review requirements of this section). Size restrictions as noted in section 82-1204.4 C. do not pertain to town-owned or -controlled property.

• C. Compliance with laws, ordinances, and regulations. The construction and operation of all solar energy systems shall be consistent with all applicable local, state, and federal laws, ordinances, regulations, and requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings/structures and fixtures forming part of a solar energy system shall be constructed and maintained in accordance with the Rhode Island Building Code and Electrical Code.

• D. Building permit and building inspection. No solar energy system shall be constructed, installed or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the building official.

• E. Fees and surety. All applicable fees, including, but not limited to, a building permit fee, planning and zoning board review fees, as provided for herein or in the Code of Ordinances for the Town of Jamestown, shall be paid prior to the issuance of any building permits.

• F. Plans and surveys. All plans related to design, construction, installation or modification of a solar energy system installation shall be prepared, signed, and stamped by either a professional engineer, surveyor (for property line information) or landscape architect (for landscape information) licensed to practice in the State of Rhode Island.

• G. Maintenance. The solar energy system shall be maintained by the solar energy system owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations.

• H. Conservation lands. Solar energy systems and any 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 the installation of a solar energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards shall apply as follows:

• • A. All solar energy systems. All solar energy systems, including accessory and major solar energy systems, shall adhere to the following:

    • 1. Glare. All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.

    • 2. Stormwater and Erosion and Sediment Control. On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards Manual, and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable town regulations.

    • 3. Clearing, excavation, and filling. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

    • 4. Code requirements. All installations shall be in compliance with the Rhode Island State Building Code and the Rhode Island State Electrical Code and shall be subject to periodic inspections by the Jamestown Building Official. All relevant installation components must have a UL listing or equivalent.

    • 5. Mechanical equipment. All mechanical equipment associated with solar energy systems, including, but not limited to, controls, energy storage devices, batteries, heat pumps, exchangers or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be located and enclosed with structures/fencing to prevent unauthorized access.

    • 6. Ground cover. Grass is the preferred treatment versus gravel, crushed stone or the like. However, each application shall be assessed during the development plan review process to determine the most appropriate ground cover.

    • 7. Farmland. Solar energy systems located on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey, shall be designed and installed to ensure that:

      • a. The land beneath the solar energy system is reseeded after installation with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database, or, if such soils need to be removed from beneath the system for installation purposes, the soils are relocated to and spread over an undisturbed area of the site to allow the soils to be placed into productive use;

      • b. Any invasive species found to grow upon the land underneath the system are controlled or eliminated so that the soil remains usable for future agricultural purposes;

      • c. Siting of the systems shall keep with the existing contours of the land, and only pile-driven or ballast block footings are to be used, so as to minimize disturbance of soils during installation; and

      • d. Required vegetative buffers are composed of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials.

  • B. Accessory solar energy systems. An accessory solar energy system is permitted in all zones, provided such system shall:

    • 1. Meet all applicable zone requirements from other sections of this zoning ordinance, unless otherwise specified herein, including, but not limited to, lighting, setbacks, signage, and height;

    • 2. Require a building permit after submission and approval of layout and design through development plan review (DPR) through the technical review committee per section 82-1004.2. Any memorandum of lease, easement or utility agreements must also be submitted for review, and shall be recorded in land evidence in the Town of Jamestown upon approval;

    • 3. Place any roof-mounted components on code compliant structures only. On flat roofs, accessory solar energy systems shall be set back from the edge. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline; and

    • 4. Place ground mounted components on an area of up to 20 percent of the net buildable area of the lot on which it is located (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands) but no more than 5,000 square feet in area in total. Ground mounted systems shall be no more than 12 feet above finished grade at their highest point.

  • C. Major solar energy systems. Major solar energy systems shall be allowed per Table 6-1.

    • 1. Where allowed, major solar energy systems require a special use permit from the planning commission and formal development plan review per article 10 and the town's subdivision and land development regulations and unified development review per section 82-210. On municipally-owned property or on property in agricultural or farming use having a total land area of five acres or greater and where the proposed major solar energy system does not exceed 20 percent of the net buildable area of the lot on which it is located, a special use permit is not required. Agricultural or farming use property not meeting these criteria shall be subject to the special use permit process.

    • 2. When a major solar energy system exceeds 40 percent of the net buildable area of the lot on which it is located, then such major solar energy system shall require major land development approval from the planning commission (per the town's subdivision and land development regulations) and a special use permit through unified development review.

    • 3. All major solar energy systems shall require a building permit prior to construction and adhere to the following:

      • a. Plan submittal requirements. Major solar energy system applications shall include the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommissioning/restoration plan, proof of liability insurance, the contact information for the project contractors, and utility approval where applicable (following completion of the utility company's review and approval of an impact study). Additional documents may be required by the planning commission.

      • b. Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission approvals.

      • c. Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission and zoning board of review approvals.

      • d. Setbacks and height. Any major solar energy system, including any solar canopies that may be part of the system, must meet all height, lot coverage, and minimum front, side, and rear yard requirements in the applicable zone, unless otherwise specified herein, and must additionally maintain a twenty-foot vegetated buffer from all adjacent properties and roadways.

      • e. Utility connections. All utility connection and distribution lines within the installation shall be underground or located entirely within a structure. Electrical equipment between the installation and the utility connection may be aboveground if required by the utility.

      • f. Security. A fence shall surround the perimeter of any ground-mounted installation unless adequate property perimeter fencing already exists to the satisfaction of the zoning officer. Said fencing shall be no less than seven feet in height nor greater than ten feet in height, shall be secured from unauthorized entry, shall be located behind any vegetated buffer required by this section, and, as feasible, shall not obscure scenic views and shall incorporate wildlife passage features for small mammals and birds in its design and installation.

      • g. Emergency access and safety. Reasonable accessibility for emergency service vehicles shall be required, along with documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency, and documentation indicating that the plan has been approved by the fire marshal. A means of shutting down the solar energy system connection to any utility provider interconnection shall be clearly and sufficiently marked.

      • h. Signage. No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.

      • i. Lighting. Lighting of solar energy facilities and appurtenant structures shall be limited to that required for safety and operational purposes and shall follow the standards found in section 82-702 of this zoning ordinance.

      • j. Operations and maintenance. When an applicant makes submission to the planning commission, he or she shall include an operations and maintenance plan for the solar energy system. It shall include provisions for emergency shutdown and shall provide for maintaining contact information for a responsible party for the public and agents of the town to contact with inquiries or concerns throughout the useful life of the system. Such plan shall also provide detailed information regarding any chemicals, solvents or other compounds used to clean or otherwise maintain the solar panels and provide information on their storage, disposal and handling.

      • k. Identification as to whether any prime farmland or farmland of statewide importance exist on-site, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey.

      • l. Identification of any RI Department of Environmental Management Natural Heritage Areas that may exist on site.

    • 4. Abandonment or decommissioning.

      • a. Removal requirements. Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

        • i. Physical removal of all structures, equipment, security barriers, and transmission lines from the site.

        • ii. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

        • iii. Stabilization or re-vegetation of the site as necessary to minimize erosion. The zoning officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

      • b. Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the solar energy system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the facility.

      • c. Financial surety. Applicants for major solar energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

    • 5. To ensure the fulfillment of the requirements of this section, the planning commission shall have the authority to require the following:

      • a. Location adjustments. Adjustments to the proposed location of the major solar energy system determined necessary to mitigate negative impacts to adjacent properties, or to reduce the amount of clearing necessary for installation; and

      • b. Additional landscaping. The provision of additional landscaping beyond the minimum requirements of this section and the town's subdivision and land development regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent community viewsheds, or due to the unique characteristics of the subject property.

    • 6. Changes to approved major solar energy systems. All proposed changes and upgrades to major solar energy systems shall be submitted to the planning department for determination as to whether such constitutes a major change or upgrade. Major changes shall include, but not be limited to, increases to the surface area or ground coverage of the system, and changes to the system's infrastructure that result in additional disturbance of land. Major changes shall be reviewed using the same process by which the major solar energy system was originally reviewed. Minor changes shall be reviewed and approved by the technical review committee or referred to the planning commission as a major change.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The purpose of this chapter is to provide standards for the placement, design, construction, operation, monitoring, modification, and removal of wind energy systems that address public safety; minimize impacts on scenic, natural, and historic resources; and provide adequate financial assurance for the eventual decommissioning of such systems.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. This section applies to all wind energy systems proposed to be constructed after the effective date of this section.

• B. This section also pertains to physical modifications to existing wind energy systems that materially alter the type, configuration, location or size of such systems or related equipment. This section does not apply to offshore wind facilities.

• C. Nothing herein shall preclude the Town of Jamestown from proposing to install any wind energy system on any town-owned or -controlled property regardless of the zoning district. Any wind energy systems that are proposed to be located on town-owned property are subject to the requirements of this section unless otherwise noted.

• D. No wind energy system shall be erected, constructed, installed or modified as provided in this section without receiving a special use permit from the planning commission through formal development plan review per article 10 and the town's subdivision and land development regulations and unified development review per section 82-210. All applications for a wind energy system shall meet the standard requirements for development plan review (Jamestown Subdivision and Land Development Regulations) and special use permits (section 82-203 and article 3) as well as the requirements described below in section 82-1205.3, General requirements.

• E. Temporary meteorological towers (met towers). A building permit shall be required for stand-alone temporary met towers. Development plan review shall not be required for met towers. Met towers shall not be located so as to interfere with any utility right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Location. Wind energy systems are permitted only where indicated in Table 6-1, with a special use permit.

• B. Exemptions. Building-mounted or building-integrated accessory wind energy systems for residential or commercial uses shall be allowed by right in all zones.

• C. Compliance with laws, ordinances, and regulations. The construction and operation of all wind energy systems shall be consistent with all applicable local, state, and federal laws, ordinances, regulations, and requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings/structures and fixtures forming part of a wind energy system shall be constructed and maintained in accordance with the Rhode Island Building Code and Electrical Code.

• D. Building permit and building inspection. No wind energy system shall be constructed, installed or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the building official.

• E. Fees and surety. All applicable fees, including, but not limited to, a building permit fee, planning and zoning board review fees, as provided for herein or in the Code of Ordinances for the Town of Jamestown, shall be paid prior to the issuance of any building permits.

• F. Plans and surveys. All plans related to design, construction, installation or modification of a wind energy system installation shall be prepared, signed, and stamped by either a professional engineer, surveyor (for property line information) or landscape architect (for landscape information) licensed to practice in the State of Rhode Island.

• G. Operation and maintenance. The wind energy system shall be maintained by the applicant and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations. The applicant shall be responsible for the cost of maintaining the wind energy system and any access road(s), unless accepted as a public way.

• H. Conservation lands. Wind energy systems and any 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 the installation of a wind energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards shall apply as follows:

• • A. Appearance, color, and finish. Color and appearance shall comply with FAA safety requirements.

  • B. Lighting. Wind turbines shall be lighted only if required by state or federal law. Lighting of other parts of the wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Except as required by state or federal law, lighting of the wind energy system shall conform with section 82-702, Lighting.

  • C. Signage. No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address, and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.

  • D. Utility connections. Reasonable efforts, as determined by the planning commission, shall be made to place all developer-owned utility connections from the wind energy system underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Utility owned electrical equipment required for utility interconnections may be above ground, if required by the utility provider.

  • E. Appurtenant structures. All appurtenant structures to wind energy systems shall be subject to applicable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking, and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

  • F. Height. The maximum tip height (MTH) of wind energy systems shall not exceed 350 feet.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Emergency access and safety. Reasonable accessibility for emergency service vehicles shall be required, along with documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the system and in the event of an emergency, and documentation indicating that the plan has been approved by the fire marshal. All means of disconnecting the wind energy system shall be clearly marked. The applicant or system owner shall identify a responsible person for public inquiries or complaints throughout the life of the project.

• B. Security. A fence shall surround the perimeter of any wind energy system unless adequate property perimeter fencing already exists to the satisfaction of the zoning officer. Said fencing shall be no less than seven feet in height nor greater than ten feet in height, shall be located behind any vegetated buffer required by this section, and, as feasible, shall not obscure scenic views and shall incorporate wildlife passage features for small mammals and birds in its design and installation. Wind energy systems shall be designed to prevent unauthorized access. For instance, the towers of wind turbines shall be designed and installed so that step bolts or other climbing features are not readily accessible to the public and so that step bolts or other climbing features are not installed below the level of eight feet above the ground. Electrical equipment shall be locked where possible.

• C. Setbacks. A wind turbine may not be sited within:

  • 1) A distance equal to or less than one and one-half times the maximum tip height (MTH) of the wind turbine from any property lines, buildings, critical infrastructure—including critical electric infrastructure and above-ground natural gas distribution infrastructure—or private or public ways that are not part of the wind energy system; or

  • 2) A distance equal to three times the maximum tip height (MTH) of the turbine from the nearest existing residential or commercial structure.

• D. Shadow/flicker. Wind energy systems shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses.

• E. Sound. The operation of the wind energy system shall be no more than a 5 dB(A) increase over the site's pre-construction ambient sound levels. The applicant shall fund a third party with acoustic expertise to conduct this pre-construction sound monitoring, and to predict turbine sound levels at surrounding property lines. The most up-to-date IEC standards for sound power levels (IEC 61400-11 ed 3 as of 2015) should be used in conjunction with the most current ISO sound pressure propagation methods (ISO 9613-2 as of 2015), though other accurate sound modeling options, such as NORD200 software, are also accepted.

• F. Clearing, excavation, and filling. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the wind energy system or as otherwise prescribed by applicable laws and regulations. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. A site plan is required showing the following, on top of anything else required by the DPR checklist:

  • 1) Property lines and physical dimensions of the site parcel and adjacent parcels within 500 feet of the site parcel;

  • 2) Outline of all existing buildings/structures, including purpose (e.g. residence, garage, etc.), on the site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the wind system to each building shown;

  • 3) Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment, including demonstration of compliance with any setbacks required by section 82-1205.5 C;

  • 4) Location of all existing and proposed roads, both public and private, and including temporary roads or driveways, on the site parcel and adjacent parcels within 500 feet of the site parcel;

  • 5) Location of all existing above ground or overhead gas or electric infrastructure, including critical electric infrastructure, and utility rights-of-way and easements, whether fully cleared of vegetation or only partially cleared, within 500 feet of the site parcel;

  • 6) Existing areas of tree cover, including estimated average height of trees on the site and any adjacent parcels within a distance of 3.0 times the MTH, measured from the wind turbine foundation;

  • 7) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

  • 8) Tower and tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Rhode Island;

  • 9) One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and overcurrent devices;

  • 10) Documentation of the wind energy system's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

  • 11) Name, address, phone number, and signature of the applicant, as well as all co-applicants or property owners, if any;

  • 12) The name, contact information, and signature of any agents representing the applicant; and

  • 13) A maintenance plan for the wind energy system.

    • a) Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as detailed procedures for operational maintenance of the wind system that are in accordance with manufacturer's recommendations for the period of expected operation of such system. A system that is not being maintained in accordance with the submitted plan and manufacturer's recommendations shall be subject to the conditions of section 82-407, Penalty for violation;

    • b) A location map consisting of a copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed system site, including turbine sites, and the area within at least two miles from the system. Zoning district designation for the subject parcel should be included; submission of a copy of a zoning map with the parcel identified is suitable for this purpose;

    • c) Proof of liability insurance, in amounts commensurate with the risks;

    • d) Certification of height approval from the Federal Aviation Administration (FAA);

    • e) A statement that evidences the wind energy system's conformance with section 82-1205.5 D relative to shadow/flicker;

    • f) A statement that evidences the wind energy system's conformance with section 82-1205.5 E, listing existing ambient sound levels at the site and maximum projected sound levels from the wind energy system;

    • g) Description of financial surety that satisfies section 82-1205.7 C.; and

    • h) A public safety preparedness and response plan per section 82-1205.5 A and documentation that the site is secured per section 82-1205.5 B.

• B. Site control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for installation and operation of the proposed wind energy system, together with documentation of all applicable title encumbrances (e.g. utility right-of-way easements). Control shall include the legal authority to prevent the use or construction of any structure for human habitation, or inconsistent or interfering use, within the setback areas.

• C. Utility notification. No site plan for the installation of a wind energy system shall be approved until evidence has been given that the electric utility company that operates the electrical grid where the system is to be located has been informed of the customer's intent to install an interconnected customer-owned generator, and copies of site plans showing the proposed location have been submitted to the utility for review. No installation of a wind energy system shall commence, and no interconnection shall take place until an interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation has been executed with the utility. Off-grid systems shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Removal requirements. Any wind energy system that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

  • 1) Physical removal of all wind turbines, structures, equipment, security barriers, and transmission lines from the site.

  • 2) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

  • 3) Stabilization or re-vegetation of the site as necessary to minimize erosion. The zoning officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

• B. Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the wind energy system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the system in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the system.

• C. Financial surety. Applicants for utility-scale wind energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned systems. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Communications towers shall be prohibited in any historic district except by a use variance from the zoning board of review.

• B. Applications for a use variance shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three potential sites:

  • 1) Site plans;

  • 2) Photographs of the site and surrounding areas; and

  • 3) Written documentation of the lack of a site in a permitted district.

• C. The following standards shall apply to all applications:

  • 1) A reasonable effort shall be made to utilize existing structures for communications antennas. If an existing structure is not utilized, evidence as to why not shall be submitted.

  • 2) Town-owned sites near the prospective development area and which could potentially accommodate the proposed antennas and communications towers shall be identified.

  • 3) Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1.5 feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries according to the minimum requirements of the zoning district in which they are located.

  • 4) All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries according to the minimum requirements of the zoning district in which the communications tower is located, but no less than 25 feet. When located in or abutting a residential district or historic district, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.

  • 5) Communications equipment buildings and structures shall be considered accessory uses and shall comply with the following setbacks:

    • a) Buildings and structures with a footprint of 100 square feet or less: Shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or historic district which shall require a minimum of 25 feet.

    • b) Buildings and structures with a footprint of greater than 100 square feet: Shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 35 feet.

  • 6) Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Communications towers shall be completely screened from all adjacent properties and streets and appropriately camouflaged if required. Plantings shall be of such a height and density to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the town's subdivision regulations or as accepted by the zoning officer. Screening shall comprise ten percent of the minimum established setback requirement but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than ten feet in width. Screenings may be waived by the zoning board of review on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

  • 7) Communications towers shall be enclosed by a fence no less than seven feet in height or no more than ten feet in height from finished grade. Access shall be through a locked gate. Communications towers in or abutting a residential district or historic district shall have fencing comprised of wood or stone.

  • 8) Communications towers shall not be artificially lighted except as required for public safety purposes by the Federal Aviation Administration (FAA) or by the town.

  • 9) No signs shall be allowed on any communications tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the town.

  • 10) Antennas not attached to a communications tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily, or public or semipublic utility structure, provided that:

    • a) The antennas are not higher than 20 feet above the highest point of the structure;

    • b) The antennas comply with applicable Federal Communications Commission and Federal Aviation Administration regulations; and

    • c) The antennas comply with all applicable zoning requirements and building codes.

  • 11) Communications towers shall be located so as to comply with the following standards for the minimum separation distance from existing towers and/or towers that have received a valid special use permit, use permit or building permit:

MINIMUM SEPARATION BETWEEN COMMUNICATIONS TOWERS (BY TOWER TYPE)

 

• • • i. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

    • ii. Separation distances shall be measured from the global positioning system location of the existing, approved or proposed telecommunications tower. A certified survey showing the global positioning system location of the proposed telecommunications tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with setback requirements.

• D. Abandonment or decommissioning.

  • 1) Removal requirements. Any communications tower that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

    • a) Physical removal of all communications towers, supports, structures, and related equipment from the site.

    • b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

    • c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The zoning officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

  • 2) Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the communications tower shall be considered abandoned when it fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the communications tower in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove it.

  • 3) Financial surety. Applicants for communications towers shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned communications towers. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. General. The owner of any house lot containing at least one dwelling may keep or permit to be kept on the house lot no more than six chicken hens on lots less than one acre, and 12 on lots between one acre and two acres and 20 on lots larger than two acres. Lots qualifying as farms have no restrictions on the number of chicken hens.

• B. Roosters. Subsection A of this section shall be construed to prohibit the raising and/or keeping of roosters.

• C. Structures and enclosures. All chicken hens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:

  • 1) The hen house must be covered, predator-resistant and well-ventilated. It shall be no more than eight feet in height and a maximum of 64 square feet in area;

  • 2) The fence made of chicken wire or a stronger substance shall be no more than six feet in height;

  • 3) The hen house must provide a minimum of two square feet per chicken hen;

  • 4) The hen house must be kept clean, dry, and sanitary at all times;

  • 5) The hen house must be located upon a permeable surface that prevents waste run-off;

  • 6) The fenced enclosure must adequately contain the chicken hens at all times;

  • 7) The fenced enclosure must be kept clean and sanitary at all times;

  • 8) The hen house must provide the chicken hens with adequate protection from the elements and inclement weather and provide for the chicken hens good health and prevent any unnecessary or unjustified suffering;

  • 9) The hen house shall not be built onto any shared fence;

  • 10) The setbacks for the hen house and enclosed area shall be those for the principal dwelling located on the house lot.

• D. No chicken hens may be kept or raised within the dwelling.

• E. The owner of the hen(s) must be a resident of the dwelling located on the house lot.

• F. The raising of chicken hens shall be restricted to back yards or side yards; chicken hens shall not be permitted, at any time, on the part of the property directly abutting a road.

• G. The keeping of chicken hens pursuant to this section shall be primarily for the purpose of raising chicken hens and collecting the eggs produced thereof; this section shall not be construed to allow for the commercial slaughter and sale of any chicken hens for any purpose.

• H. Necessary euthanasia of chicken hens shall be performed by a veterinarian licensed to practice in the State of Rhode Island.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. Conditions. Conditions apply in all zoning districts where this use is permitted, per Table 6-1.

  • 1) Setbacks: Unless in active use in or adjacent to the water, all fishery equipment, must be located inside a building or enclosed structure or be set back within the accessory building setback from the nearest property line and not located within the "front yard."

  • 2) Odors: No fishery equipment shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Underground storage tanks (USTs) are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

• • A. Propane tank: Propane tanks are encouraged to be located above ground, but are allowed to be placed underground in any zoning district with the following conditions:

    • 1) Underground propane tanks must be designed for underground use and be installed and maintained according to manufacturer specifications.

    • 2) Underground propane tanks must be designed with cathodic protection or another method to help prevent tank corrosion.

    • 3) The outer surface of the underground propane tank must have a protective coating and be covered with a material that will not be harmful to the shell of the tank.

    • 4) Underground propane tanks must not be larger than 1,100 gallons.

    • 5) Underground propane tanks must be placed at least 12 inches above the high groundwater table.

  • B. Design standards: All new USTs other than propane tanks that meet the requirements of section 82-1209.a above must receive a special use permit and meet the following design standards:

    • 1) The facility must have an appropriate method of leak detection.

    • 2) Fill-pipes on tanks must have means to collect spills from delivery hoses.

    • 3) The tanks must have overfill protection, such as automatic shutoff devices which activate at 90 percent UST capacity and restrict flow during deliveries.

    • 4) Tanks and/or piping installed must be double-walled with continuous interstitial monitoring.

    • 5) Tanks must be placed at least 12 inches above the high groundwater table.

    • 6) These requirements for USTs are intended to supplement and not to supersede any other applicable requirements of the State of Rhode Island.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Home occupations are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

• • A. Location: Carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.

  • B. Proprietor: Carried on by a full-time resident of the dwelling unit, and up to one person not a resident of the premises.

  • C. Relation to dwelling unit: Clearly incidental and secondary to the use of the dwelling unit for residential purposes.

  • D. Area: Performed by the resident and using no more than 25 percent of the gross floor area of the dwelling unit or 500 square feet of floor area, whichever is less, and such activity shall not be visible from a lot line;

  • E. Exterior: There shall be no exterior display, no exterior sign (except as permitted under article 14 [of this chapter]), no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

  • F. Nuisances: No vibration, smoke, dust, odors, heat or glare, electrical interference, or offensive noise shall be produced.

  • G. Traffic: No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

  • H. Parking: Any parking required for the conduct of such a home occupation shall be provided off the street.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Fuel service stations are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

• • A. Only the following services may be rendered:

    • 1) Sale and servicing of spark plugs, batteries and distributor parts;

    • 2) Tire servicing and repair, but not recapping or regrooving;

    • 3) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;

    • 4) Radiator cleaning and flushing;

    • 5) Washing and polishing, and sale of automotive washing and polishing materials;

    • 6) Greasing and lubrication;

    • 7) Providing and repairing fuel pumps, oil pumps, and lines;

    • 8) Minor servicing and repair of carburetor;

    • 9) Emergency wiring repairs;

    • 10) Adjusting and repairing brakes;

    • 11) Minor motor adjustments.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, and medical buildings into residential units or mixed-use developments is a permitted use, under the criteria described below under eligibility.

• • A. Eligibility:

    • 1) Adaptive reuse development must include at least 50 percent of existing gross floor area developed into residential units.

    • 2) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

  • B. Density calculations:

    • 1) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

      • a. Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code and utility requirements; and

      • b. The development includes at least 20 percent low- and moderate-income housing; and

      • c. The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

    • 2) For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

    • 3) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

  • C. Dimensional requirements:

    • 1) Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

    • 2) No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

    • 3) Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

      • a. Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

  • D. Parking requirements:

    • 1) Adaptive reuse developments shall provide one parking space per dwelling unit. However, the applicant may propose additional parking in excess of one space per dwelling unit.

    • 2) All non-residential uses shall comply with the parking requirements of article 13.

  • E. Allowed uses within an adaptive reuse project:

    • 1) Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

    • 2) Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of section 82-601, Uses and districts, for the zoning district in which the structure is located.

  • F. Procedural requirements:

    • 1) Adaptive reuse projects shall be subject to the procedural requirements for major land development, according to the standards of the Town of Jamestown Subdivision and Land Development Regulations, as amended.

    • 2) In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

      • a. The proposed residential density and the square footage of nonresidential uses.

      • b. A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply to any non-residential uses permitted as a special use permit in a residential zoning district (per section 82-601, Uses and districts), in addition to the standards for any particular use per this article XII. Where there are conflicts with any standards for a particular use per this article XII and these standards for certain non-residential uses in residential zoning districts, the stricter applies.

• • A. Retail sales: Any retail sales are clearly subordinate to the primary use.

  • B. Hours of operation and deliveries: No earlier than 7:00 a.m. and no later than 8:00 p.m.

  • C. Outdoor storage, sales, and display: Except for Town of Jamestown services, commercial nurseries and greenhouses, and agricultural uses, outdoor storage, sales, and display are prohibited.

  • D. Parking: The requirements of article 13, Parking regulations, apply. In addition, parking for any special event, class or other such gathering that attracts more than the usual number of customers must be accommodated on site and must not spill over into the surrounding neighborhood unless otherwise permitted by the Town of Jamestown.

  • E. Signage: All signage for such uses must comply with the standards for signs in residential zoning districts per article 14, Sign regulations.

  • F. Nuisances: No vibration, smoke, dust, odors, heat or glare, electrical interference, or offensive noise shall be produced.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Site design: The site design requirements of section 82-1200 E shall apply.

  • B. Building design: The building design requirements of section 82-1200 F shall apply.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Lot coverage: Lot coverage must not exceed 15 percent of the lot area, except for colleges which are subject to the standards of the underlying zoning district.

  • B. Circulation: Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

  • C. Minimum lot area: There shall be a minimum lot area of five acres or 1,000 square feet for each student based on enrollment capacity, whichever is greater. Enrollment capacity is based on the number of seats/desks or other facilities available to students for educational purposes in a classroom situation.

  • D. Building setbacks: In the P Zoning District, any building must not be located within 75 feet of any side or rear property line. In the CL and CD Zoning Districts, any building must not be located within 30 feet of any side or rear property line.

  • E. Active outdoor area setbacks: Any playground, field, outdoor classroom or other actively used outdoor space must not be located within 50 feet of any property line.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

• • A. Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

  • B. Parking accessibility: Parking shall be located in the side and rear yards of the property, behind the building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

• • A. Emergency entrance: Public parking areas should be separated from the emergency entrance area.

  • B. Parking: All parking must be located in the side or rear yards.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, uses and districts.

• • A. Setbacks: Same as for a single-family dwelling unit per the underlying zoning.

  • B. Water/sewer service: Public sewer and water systems must be available and used and must be connected to systems before a certificate of occupancy can be issued.

  • C. Utilities: Utilities must be placed underground.

  • D. Signage: A comprehensive plan for directional signage shall be provided to assure that major pathways connect housing with on- and off-site activities and that visitors and residents can easily orient themselves.

  • E. Parking: Clearly demarcated and direct pedestrian routes should extend from any onsite parking areas and public frontage sidewalks to building entrances.

  • F. Circulation: Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Outdoor storage:

    • 1) Any outdoor storage area shall be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress. Fences or walls along the front or corner side lot line shall be set back a minimum of ten feet. Within that setback, evergreen shrubs a minimum of four feet in height shall be planted linearly every five feet on-center along such fence or wall.

    • 2) Outdoor storage of any kind is prohibited outside the fence or wall. No items stored within ten feet of the fence or wall may exceed the height of the fence or wall.

    • 3) Any outdoor storage area should be located in the rear of the lot.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Meals: Meals may be served on the premises for members and their guests only.

  • B. Accommodations: Overnight accommodations are prohibited.

  • C. Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

  • D. Parking accessibility: Parking shall be located in the side and rear yards of the property, behind the building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Setbacks: Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

  • B. Buffer: A landscaped buffer area of 25 feet in width must be provided between recreational ballfields and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Setbacks:

    • 1) Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

    • 2) Any structure must be set back an additional one foot for every one foot of height over 20 feet up to the maximum height allowed in the underlying zone.

  • B. Motorized vehicles: No motorized vehicles may be used for competitive or exhibition purposes.

  • C. Buffer: A landscaped buffer area of at least 25 feet in width must be provided between these recreation uses and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

  • B. Parking accessibility: Parking shall be located in the side and rear yards of the property, behind any building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the marina use.

  • C. Buffer: A landscaped buffer area of at least 50 feet in width must be provided between these parking uses and any abutting residential property.

  • D. Timeframe: Such parking shall only be operational between the months of May and October.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Setbacks and screening: As stipulated below based on the size of the structure.

    • 1) Small structures - between two feet and eight feet in height.

• No setbacks are required.

• Screening or landscaping around the structure is required.

• • • 2) Medium structures - over eight feet in height and 1,500 square feet or less.

• Must meet setbacks for underlying zoning district.

• Screening or landscaping around the structure is required.

• A curb cut and designated parking area should be provided if no on-street parking is available.

• • • 3) Larger facilities/buildings.

• Provide a setback of 100 feet to the property line if the facility is in or adjacent to residential districts.

• Parking must be provided to adequately serve the intended use of the facility or building, as determined by the zoning official.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Buffer: A landscaped buffer area of 25 feet in width must be provided between such use and any abutting residential property.

  • B. Setbacks: Any building must be located no less than 50 feet from any abutting residentially zoned property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Location and screening: Satellite dishes shall be placed to the rear of a building so as not to be visible from any public way. If such a location is infeasible for the operation of the satellite dish, it may be placed to the side of a building no closer than ten feet behind the front façade of the building, so long as it is screened so as not to be visible from any public way.

  • B. Glare: No satellite dish shall be positioned such that light glare trespasses on a neighboring property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Size: The indoor display and sales area is limited to one building or structure not to exceed 200 square feet in area.

  • B. Parking: Provision shall be made for at least four off-street parking spaces.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Size: The indoor area is limited to one building or structure not to exceed 500 square feet in area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Mixed-use: This use may not be combined with residential use of a property.

  • B. Hours of operation: Hours of operation shall not be outside the hours of 11:00 a.m. through 1:00 a.m.

  • C. Security plan: A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or his/her designee and updates shall be submitted to and approved by the chief of police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

• • A. Repair activities: Limited repair activities must be conducted within a building.

  • B. Location: Repair activities must be located to the side or rear.

  • C. Storage: All materials must be stored within a building. Vehicles that are not actively under repair or for sale/rent, or vehicles that are used as a source for parts, must not be stored on the site.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Setbacks:

    • 1) Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

    • 2) Any structure must be set back an additional one foot for every one foot of height over 20 feet up to the maximum height allowed in the underlying zone.

  • B. Buffer: A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Mixed-use: This use may not be combined with residential use of a property.

  • B. Hours of operation: Hours of operation shall not be outside the hours of 11:00 a.m. through 1:00 a.m.

  • C. Security plan: A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or his/her designee and updates shall be submitted to and approved by the chief of police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(Ord. of 2-3-2025(1), § 1(Exh. A))

• A. The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts. This use may include a clubhouse, restaurant, multi-use space, outdoor lawn tennis courts (unlighted), maintenance facility, and other uses accessory to the operation of a golf course.

• B. Setbacks: Proximity of any active recreation portion of the site, including the clubhouse or other buildings and structures, to any property line associated with a residential dwelling existing at the time of application (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

• C. Buffer: A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.

• D. Design and construction:

  • 1) Significant natural features such as rock outcroppings, natural riparian areas, knolls, ravines, etc. should be preserved.

  • 2) The clubhouse and other buildings should not be sited on a ridge or knoll top highly prominent or visible off-site.

  • 3) Buildings should not be unduly massive. Their bulk should be broken up by varying roof heights, spacing, tucking the structures into the hillside, or employing other architectural techniques to minimize the mass.

  • 4) Building and roofing materials should be selected to blend with the surrounding environment.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Minimum lot area: There shall be a minimum lot area of ten acres.

  • B. Setbacks: No building or campsite shall be located within 100 feet of any property line.

  • C. Large recreational vehicles: Campsites for recreational vehicles over 20 feet in length shall be grouped in an area separate from other campsites.

  • D. Campground roads: Campground roads shall have a minimum width of ten feet per travel lane and shall be readily traversable with a well-drained surface.

  • E. Retail sales: Within the camping area, the sale of camp supplies and a snack bar are permitted accessory uses provided they do not exceed a total of 500 square feet of floor area and they are used only by persons using the camping area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Minimum lot area: A minimum lot area must be three acres.

  • B. Setbacks: Open exercise areas and buildings containing animals must be a minimum of 100 feet from any property line.

  • C. Outdoor exercise areas: Outdoor riding areas must be enclosed by a fence at least five feet in height and no more than six feet in height and such areas must always be maintained in a sanitary and odor-free condition.

  • D. Animal waste: All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 200 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

• • A. Fuel: The sale of fuel and or bottled gas must conform to the following conditions: Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line. However, gasoline pumps may be located conveniently to serve boats, if precautions are taken to prevent spillage in the waters of the town. The vessel containing the fuel or gas must comply with Federal Emergency Management Agency flood hazard regulations and the National Fire Protection Association regulations.

  • B. Wastes: There must be provisions made for the collection and disposal of boat-generated wastes.

  • C. Setbacks: All structures and outdoor activities must be located a minimum of 100 feet from any residential property line.

  • D. Noise: In considering the application for special use permit, the zoning board/planning commission may condition the special use permit and may limit the hours of operation of a use in the interest of minimizing/eliminating noise.

  • E. Location of storage and repair: Repair activities must be conducted within a building. All materials must be stored within a building. Boats that are used as a source for parts must not be stored on the site.

  • F. Screening: Outdoor storage areas shall be screened on all sides with a solid fence or wall although evergreen buffer is preferred, that is six feet tall, or eight feet tall evergreen hedge if what is stored is greater than six feet in height.

  • G. Accessory outdoor facilities: Marinas and yacht clubs may include related accessory facilities which are supportive but supplemental to the principal use, subject to the following conditions:

Services provided to patrons of the principal facility and their guests may include:

- Food and beverage service

- Retail sale of items directly related to the principal use

The floor space of these services must not exceed 20 percent of the total floor area of the building. Documentation must be filed with the planning commission indicating that such services are for the benefit of patrons and guests of the principal use only and will not be open to the general public. Hours of operations as related to those of the principal use must be indicated, and the conditions pertaining to guest usage must be defined.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Timing: Such uses may be permitted for no more than one year.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Setbacks: Open exercise/play areas and buildings containing animals must be a minimum of 100 feet from any property line, with the exception of the following:

    • 1) Commercial kennels/animal daycare serving only domestic cats need only meet the minimum setbacks required by the applicable zoning district on which they are located.

    • 2) A building that is sufficiently soundproof so as not to create a nuisance to adjoining property owners or the general public, and that has no outdoor area for animals, may meet a 50-foot setback from any property line. Documentation of soundproofing must be provided with any application.

  • B. Open exercise/play areas: Open exercise/play areas must be enclosed by a fence at least five feet in height and no more than six feet in height and such areas must always be maintained in a sanitary and odor-free condition.

  • C. Animal enclosures: All stalls, pens, and similar enclosures for animals must have a floor made from concrete or other impervious material which must contain adequate drainage facilities connected to an acceptable sanitary system for proper washing and maintenance.

  • D. Animal waste: All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 200 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

• • A. Screening: Outdoor storage areas shall be screened on all sides with a solid fence or wall that is six feet tall, or eight feet tall plus vegetative screening if what is stored is greater than six feet in height.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following apply to all industrial uses requiring a special use permit, on top of any use-specific criteria noted above.

• • A. General standard: No industrial building or use shall create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other substance, condition or element in such manner, or in such amount, as to adversely affect the reasonable use of the surrounding area or adjoining premises.

  • B. Standards for dangerous and objectionable elements.

    • 1) Air emissions. Air emissions shall be treated in a manner that prevents any nuisance or hazard to neighboring uses. Nuisance from emissions may include, but is not limited to, soiling of the ground or building surfaces, or damage or death of vegetation. Hazards from emissions may include, but are not limited to, particulates inhaled by people that may be harmful to their health.

    • 2) Waste. All wastes must be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the zoning enforcement officer.

    • 3) Flammable and explosive materials. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.

    • 4) Vibration. No vibration that is detectable without instruments at a lot line should be transmitted outside of the lot where it originates, except vibration necessarily involved in the construction or demolition of buildings and structures.

    • 5) Heat. Heat, defined as thermal energy of a radiative, conductive or convective nature, emitted at the lot line by any use or facility shall not exceed the temperatures tolerable to plant or animal life.

    • 6) Radioactivity and electrical disturbance. No activities are permitted that emit dangerous radioactivity at any point and no electrical disturbances are permitted that adversely significantly affect the operation of any equipment, other than that of the creator of such disturbance.

    • 7) Discharges. No discharge shall be permitted into a private sewer system, stream, the ground or a municipal sewage disposal system that releases any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or vector arthropods.

    • 8) Odors. No use shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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Cross reference— Streets, sidewalks and other public places, ch. 62; traffic and vehicles, ch. 70.

No building or structure shall be erected, substantially altered or its use changed, unless off-street parking and loading spaces have been provided in accordance with this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Plans and specifications for the required parking, loading facility and access drives shall be submitted at the time of application for the building permit for the primary use and must be approved by the zoning enforcement officer.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All parking facilities required under this article shall be constructed on the lot containing the primary use, or on abutting lot(s) which are located in the same zoning district as the main lot. No parking or loading facility, exclusive of driveways, shall be located within ten feet of a street or five feet of a sidewalk or abutting property line.

Parking spaces for all uses in commercial zoning districts (CD, CL and CW) for residential, multifamily, business, industrial or institutional purposes shall be located in the rear portion of the property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

For the purpose of this chapter, the following minimum parking space requirements shall apply:

 

NOTES:

* Applies to lots in CD with greater than 50 percent building lot coverage as of October 22, 2009.

GLFA = Gross leasable floor area

(Ord. of 2-3-2025(1), § 1(Exh. A))

Off-street parking facilities required by this chapter shall be constructed to the following standards at a minimum.

• • A. Single space dimensions—Nine feet wide by 18 feet deep;

  • B. Handicapped parking spaces shall be required and constructed for all parking areas in accordance with standards of the Americans with Disabilities Act;

  • C. Minimum aisle widths for all parking areas shall be in accordance with the following table:

    Parking Angle (in degrees)	Aisle Width (in feet)
    0-44	15
    45-59	16
    60-69	20
    70-79	21
    80-89	22
    90	23

 

Entrance aisle widths for parking areas serving less than ten vehicles, or one-way parking lots shall be a minimum of 12 feet.

• • D. Paving or a porous parking material which allows infiltration of stormwater into the surface of the ground shall be provided for all required parking facilities sufficient to provide a durable and dust free surface over a minimum base 12 inches deep of compacted gravel, provided such design includes erosion control;

  • E. Any parking area which is intended to be used during non-daylight hours shall be illuminated, and shall be so arranged as to reflect the light away from adjoining property and streets, and away from the sky;

  • F. Parking areas shall provide for proper drainage of surface water to prevent accumulation of water onto adjacent property or sidewalks;

  • G. Bumper guards or wheel blocks should be used where necessary to control parking and traffic, and to avoid encroachment upon a building or adjacent property or streets;

  • H. For uses in the CD, CL and CW districts which require parking, the entry to the parking area may be shared with the entry to an adjacent property, provided that the entryway has a minimum width of 12 feet for parking of up to ten vehicles; for parking for more than ten vehicles, one-way circulation may be used; otherwise, the minimum entry width shall be 20 feet. Easements for shared entries shall be required for both properties and shall be recorded in the land evidence records of the town.

  • I. Lots in the CD district: On-street parking located directly in front of a lot on which a business use operates may be counted towards fulfilling the off-street parking space requirements of that use.

(Ord. of 2-3-2025(1), § 1(Exh. A))