Town of Narragansett Zoning Ordinance

The regulations, zones, and districts set forth herein have been made in accordance with a comprehensive plan prepared, adopted, and amended in accordance with G.L. 1956, § 45-22.2-1 et seq. of the State of Rhode Island Comprehensive Planning and Land Use Regulation Act and are designed to address the following purposes and be consistent with the aforementioned comprehensive plan. This ordinance is adopted pursuant to G.L. 1956, § 45-24.27-1 et seq. The General Assembly of the State of Rhode Island and the Town of Narragansett recognize these purposes, each with equal priority and numbered for reference purposes only.

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

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

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

    • a. The goals and patterns of land use contained in the comprehensive plan of the Town of Narragansett adopted pursuant to G.L. 1956, § 45-22.2;

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

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

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

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

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

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

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

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

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

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

  • (8) Promoting a balance of housing choices, for all income groups, to ensure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.

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

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

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

  • (12) Promoting implementation of the comprehensive plan of the Town of Narragansett adopted pursuant to G.L. 1956, § 45-22.2.

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

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

  • (15) Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits, and procedures for modifications.

Notwithstanding any provision of this ordinance to the contrary, structures, signs, infrastructure, buildings and land may be installed, constructed, reconstructed, rehabilitated, rebuilt, enlarged, erected or used in the exercise of a governmental function of the Town of Narragansett in any zoning district in the town, and said structures, signs, infrastructure, buildings and land so installed, erected, constructed, reconstructed, rehabilitated, rebuilt, enlarged or used shall be exempt from the provisions of this ordinance; provided, however, that this exemption shall only apply to structures, signs, infrastructure, buildings and land used for or related to the providing of water and wastewater services to the inhabitants of the Town of Narragansett and, with respect to wastewater treatment plants, this exemption shall only apply to construction, reconstruction, rehabilitation, enlargement, or expansion of the Westmoreland Street regional wastewater treatment plant and the Scarborough wastewater treatment plant.

In this ordinance, unless a contrary meaning is specifically prescribed, the following words and terms shall have the following meanings. Words used in the present tense include the future tense. The singular includes the plural, and the plural includes the singular. The word "used" includes designed, intended, or arranged to be used. The word "shall" is mandatory; the word "may" is permissive; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "land" includes the word "marsh" and "water." The word "town" means the Town of Narragansett. The term "town council" means the Narragansett Town Council; the term "town planning board" means the Narragansett Planning Board; the term "zoning board of review" means the Narragansett Zoning Board of Review; the term "town clerk" means the Narragansett Town Clerk.

As used in this ordinance, the following words and terms shall have the meanings indicated unless otherwise specified.

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

Accessory building. A subordinate building located on the same lot with the main building which is customarily incidental to the main building. Where a substantial part of the wall of an accessory building is part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be considered to be part of the main 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.

Accessory family dwelling unit. Accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

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

Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use (from RIGL 42-64.22-2).

Adjustment(s). A request or requests by the applicant to seek relief from the literal use and dimensional requirements of the municipal zoning ordinance and/or the design standards or requirements of the municipal land development and subdivision regulations. (Note: "adjustments" only apply to comprehensive permit projects.) The standard for the local review board's consideration of adjustments is set forth in R.I. Gen. Laws § 45-53-4(D(2)(iii)(E)(II) and is reflected in Section 7A.1 of this ordinance.

Affordable accessory dwelling unit (AADU). An accessory dwelling unit which qualifies for the amnesty provisions of section 7A.6(c) and that meets the affordability level and other requirements of section 7A and 7A.6. (Reserved.)

Affordable housing. Year-round housing that has a sales price or rental amount that is within means of a household that is moderate income or less, as defined by R.I. Gen. Laws § 42-128-8.1(d), as amended.

Affordable housing plan. The affordable housing component of the housing element of the Town of Narragansett's adopted Comprehensive Plan as defined in § 45-22.2-4(1) that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).

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

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

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

Agricultural land. "Agricultural land," as defined in G.L. 1956, § 45-22.2-4.

Airport hazard area. "Airport hazard area," as defined in G.L. 1956, § 1-3-2.

Alteration. Any change in the supporting members of a building such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of an existing part, or any change in the exterior enclosure of the building other than a repair or replacement of an existing part.

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.

Area median income (AMI). The median household income as determined annually by the federal department of housing and urban development (HUD) and adjusted for household size by HUD and by Rhode Island Housing for the designated statistical area that includes the Town of Narragansett as of the date of marketing of the housing unit to which it is being applied.

Automobile service station. See "gasoline service station."

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

Bed and breakfast. An owner-occupied, single-family dwelling offering transient lodging accommodations to the general public within a portion of said dwelling, and which may include limited food preparation and the serving of such food within a common area. Such use shall accommodate no more than four transient guests at any one time.

Bedroom. Any habitable space in a dwelling unit or habitable space in an accessory structure not including a kitchen, living room or other common living space that is intended for or capable of being used for sleeping, meeting the minimum area, access and egress criteria of the state building code and has a door or doorway, of less than 48 inches in width. A room identified as a den, library, study, loft, bonus room or any room that satisfies this definition will be considered a bedroom for occupancy, parking and staff review of state approved onsite wastewater treatment systems as regulated in Section 4.5 (d).

Billboard. An outdoor structure advertising products not made, sold, used, or served on the premises.

Boarding school. A school for secondary level students in grades nine though 12, where pupils are enrolled in a course of study which is approved by the Rhode Island Department of Education and reside full-time during the school year with other students, faculty, staff and administrators. The word boarding is used in the sense of "bed and board," i.e., lodging and meals.

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

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

Building area. The total area of a lot which is covered by all of the buildings thereon, both principal and accessory, outlined by the vertical projection of such buildings.

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

Building height. 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.

Building, main or principal. A building in which is conducted the main or principal use of the lot on which it is located.

Bunk room. A bunk room shall be defined as a bedroom as defined elsewhere herein with three or more beds and shall meet all the required building code standards, and shall be identified as such on any floor plans submitted to the town. The maximum number of beds shall be shown on the floor plans. Bunk rooms are prohibited in dwellings on lots of 20,000 square feet net area or less.

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

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

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

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

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

Cluster. A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures.

Coastal wetlands. Means salt marshes and freshwater or brackish wetlands contiguous to salt marshes or physiographical features. Areas of open water within coastal wetlands are considered a part of the wetland. In addition, coastal wetlands also include freshwater and/or brackish wetlands that are directly associated with non-tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier beach or are separated from tidal waters by a barrier beach". CRMC Redbook (650-RICR-20-00-1).

College student. An individual enrolled as an undergraduate or graduate student at any university or college educational institution.

Common ownership. Either:

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

  • (b) Ownership by any association (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:

• • (a) Whenever six or fewer retarded children or adults 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;

  • (b) 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.;

  • (c) 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.;

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

Comprehensive plan. The comprehensive plan adopted and approved by the town pursuant to chapters 22.2 and 22.3 of RI General Laws Title 45.

Consistent with local needs. Reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local needs are identified in the adopted comprehensive plan.

Convalescent home. An establishment which provides full time convalescent or chronic care for the aged or infirm, but which does not provide intensive care treatment commonly provided in hospitals.

Coverage, building. That percentage of the lot area covered by the combined area of all buildings or structures on the lot, (i.e., building area divided by lot area). Notwithstanding the above, the structural components installed as part of a runoff or erosion control mitigation system, and/or the wetted surface of an above or in-ground pool shall not be counted in this calculation. In addition, where the structural improvements onsite have met, but not exceeded, or are proposed to meet but not exceed, the maximum allowance regulated in section 6.4 or 6.5, non-roofed open sundecks totaling up to 13 percent of the adjacent residential unit's overall footprint in the R-10 and R-20 residential zones shall be exempt.

Coverage, site. That percentage of the lot area covered by the building area, plus covered porches, walkways, driveways, parking areas and other concrete, asphalt, or other structures or impervious surfaces that do not absorb stormwater. Notwithstanding the above, non-roofed, open sundecks and stairways shall not be included in this classification but will be counted toward building coverage in accordance with the definition of building coverage.

Cupola. An architectural amenity to a residential, commercial, institutional or public building consisting of a rooftop structure having sides and a roof but not enclosed by windows or walls. A cupola shall be proportional to the roof of the building on which it sits such that its height may not exceed twice its width and the width may not exceed ten percent of the ridge line for that portion of the roof. No direct access from within the structure shall be allowed for habitation or other human use. Any structure exceeding these criteria shall be considered a tower.

Day care—Day care center. Any other day care center which is not a family day care home.

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

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

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

Development plan review. The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance.

District. See "zoning use district."

Disturbed area. An area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.

Dormitory. A structure used for housing unrelated individuals in suites, which usually has common dining, kitchen and sanitary facilities.

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 [water] and groundwater, and the prevention and/or alleviation of flooding.

Drive-in restaurant. Any business which has a drive-in window through which customers are served food without leaving their vehicles, not including bakeries.

Drive through as an accessory to a bank or financial institution. Any bank or financial institution which has a drive up window or drive up ATM machine that customers can use for financial transactions.

Drive through as an accessory to a drug store business. Any drug store business which has a drive-through window that customers can drop off and pick up prescriptions or prescribed items necessary to administer the prescriptions only.

Driveway (residential). A private way providing access for vehicles to a parking space, garage or dwelling.

Duplex. Two single-family dwelling units, each with separate entrances, contained within one building, sharing the same roof and foundation and divided by a common party wall, which common party wall must separate rooms used for human occupancy and not garages, storage areas or areas such as porches, patios or decks.

Dwelling. Any building or part thereof, including hotels and roominghouses, used for human habitation.

Dwelling, duplex. See "duplex."

Dwelling, multifamily. A building containing three or more dwelling units.

Dwelling, multifamily (elderly housing). Any building containing three or more dwelling units which provides housing for elderly or handicapped families living independently of each other.

Dwelling, patio. A semidetached house built around an interior patio.

Dwelling, single-family. A building containing one dwelling unit.

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

Elderly or handicapped families:

• • (1) Families of two or more persons the head of which (or his/her spouse) is 62 years of age or over, or is handicapped; or

  • (2) A single person who is 62 years of age, or is handicapped.

Elevation. The height in feet relative to mean sea level in relationship to the national geodetic vertical datum of 1929 (NGVD).

Environmental impact statement (EIS). A written statement, prepared by an applicant for site plan approval or for an amendment to this ordinance for the purpose of evaluating the social, economic, and environmental consequences of the proposed development project or amendment.

Erosion. The detachment and movement of soil and rock fragments by water, wind, ice, or gravity.

Established grade. See "grade, established."

Existing or preexisting use. A building or use that is lawfully present on a given site or in a given building as of the effective date of this ordinance.

Existing mobile home park. A parcel (or contiguous parcels) of land divided into two or more mobile home lots, on which the installation of utilities, concrete pads, and streets is complete before the effective date of this ordinance.

Expansion of existing mobile home park. The preparation of additional mobile home lots by the installation of utilities, concrete pads, and streets.

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

Family. A person or persons related by blood, marriage, or other legal means. See also "Household."

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

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

Flood insurance rate map. The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood, 100-year. The highest level of flood that, on the average, is likely to occur once in every 100 years or that has approximately a one percent chance of occurring any year.

Floodplains, or flood hazard area. As defined in G.L. 1956, § 45-22.2-4.

Floodprone areas or floodplain. The channel of a watercourse and its adjacent areas subject to inundation by the 100-year flood.

Floodway. That portion of special flood hazard areas which must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot.

Floor area, aggregate or gross.

• • a. Breakwater Village only. The sum of the gross horizontal areas of the several floors of the building, excluding basement and attic floors used only for accessory use. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas. Areas of stairways shall be counted towards the area of the lower floor only, regardless of ceiling height or number of flights of stairs in that location.

  • b. All residential uses (excluding Breakwater Village). The sum of the gross horizontal areas of the several floors of the building. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas. Areas of stairways shall be counted towards the area of the lower floor only, regardless of ceiling height or number of flights of stairs in that location.

The computation of aggregate or gross floor area SHALL include the following:

• • • • 1. The area of each floor of a building as measured from the outside faces of the walls.

      • 2. The area of structures with conditioned living area enclosed on all sides.

      • 3. Attic space, finished or unfinished, with a center ceiling height of seven or more feet. For areas with slanted ceilings, the floor area with a ceiling height of five feet or less shall not be counted.

The computation of gross floor area shall EXEMPT the following:

• • • • 1. Detached accessory structures under 144 square feet;

      • 2. Unenclosed carports, porches and decks.

      • 3. For all new construction and substantial improvements, areas below the base flood elevation where the home is required to be elevated pursuant to FEMA regulations.

      • 4. Attached or detached garage space used for storage or for automobile parking.

      • 5. Basements as defined in RIGL 45-24.3-5.

      • 6. Cellars as defined in RIGL 45-24.3-5.

Floor area ratio (FAR). The aggregate floor area of a building divided by the total net lot area of the given parcel, expressed as a decimal.

Freshwater wetlands. Those lands defined in RIGL, § 2-1-20 which "includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and vernal pools" and any subsequent amendments.

Garage, private. An accessory building or part of a principal building designed or used principally for the storage of motor vehicles as an accessory use.

Gasoline service station. Any area of land, including structures thereon, or any building or part thereof, that is used for the sale of motor fuels and which may include the sale of motor vehicle accessories and facilities for lubricating, washing or otherwise servicing motor vehicles, but not including body work, major repair, or painting.

Grade, approved. The elevation, natural or otherwise, approved by the permitting agency for the construction of a structure or subdivision.

Grade, established. The elevation of the street grade fixed by the town.

Grade, finished. The elevation of the completed surfaces of lawns, landscaped areas, walks, roads, driveways and parking areas or of the existing ground surface where it remains undisturbed.

Grade, natural. The elevation of a lot or parcel prior to any development, grading, or other land alteration.

Grading. Any excavation, grubbing, filling, or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

Groundwater. "Groundwater" and associated terms, as defined in G.L. 1956, § 46-13.1-3.

Group homes. A community residence providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

Habitable floor. Any floor usable for living purposes, including working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

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

Hardscape. A combination of building coverage and site coverage as defined elsewhere herein. This includes all enclosed structures, sundecks, pergolas, driveways, and parking areas (pervious and impervious). Ancillary facilities no larger than 64 square feet in area, septic systems and their components and the wetted area of pools are exempt. This exemption shall be limited to three separate ancillary elements per site or any number of facilities with a cumulative area not to exceed 200 square feet.

Hardship. As defined in section 11 of this ordinance.

Historic district, or historic site. As defined in section 5 of this ordinance.

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

Hotel. A building of two or more stories providing transient lodging accommodations to the general public, without individual kitchen facilities or separate exterior entrances. Such use may contain accessory facilities including, but not limited to, a restaurant, meeting rooms and recreational facilities.

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

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

  • (b) A person or group of unrelated persons living together. This maximum shall be one person per bedroom and shall not exceed five unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

Hybrid cannabis retailer. Under Section 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Impervious or impermeable surfaces. Paved areas, roofs of buildings, and other surfaces which do not absorb stormwater.

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

Inclusionary (housing) unit. A low or moderate income housing unit (as defined herein) which meets the affordability level, unit type, and other requirements of section 7A, enabling it to be counted towards satisfying the requirements of that section.

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

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

Inn. A hotel consisting of 30 or fewer rooms available for transient lodging.

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 cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this ordinance.

Letter of eligibility. A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with RIGL 42-55-5.3(a).

Level of service "C". A traffic condition characterized by average to long delays on minor streets.

Line, street. A lot line separating a lot from an adjacent street.

Local review board. The town planning board as defined by § 45-22.2-4.

Lot. Either:

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

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

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

Lot area, net. The area of the lot that is upland of any verified coastal feature and/or any CRMC or RIDEM verified wetlands onsite. This area shall be also known as the "buildable" portion of the lot. In no case shall the net lot area be the sole determinant of a site's capacity to support some form of development.

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

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

Lot frontage. That portion of a lot abutting a street. Noncontiguous frontage along the same street can be combined to meet the minimum frontage requirements.

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

• • (a) Front. The lot line separating a lot from a street right-of-way. The front line or street line shall be considered the boundary of the lot along the principal or primary street for lots fronting on more than one street including all corner and through lots;

  • (b) 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

  • (c) Side. Any lot line other than a front or rear lot line. On a corner lot, a side lot line shall be a street 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. For lots fronting on the outside of curved street segments and culs-de-sac, the lot width shall be measured as the distance measured along the chords of a line connecting the side lot lines parallel to the front lot line at a distance from the front lot line equal to the minimum front setback.

Low or moderate-income housing. Shall be synonymous with "affordable housing" as defined in affordable housing (as defined in this ordinance and in R.I. Gen. Laws § 42-128-8.1, as amended) that satisfies the criteria for "low or moderate income housing" under R.I. Gen. Laws § 45-53-3(5), as follows:

• • • Subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing; and

  • • Subject to a land lease and/or deed restriction that assures such affordability 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.

Low income household. A household with an adjusted gross income that is 80 percent or less of the area median income.

Lowest floor. The lowest level, including basement, crawl space or garage, of the lowest enclosed area.

Manufactured home. As used in this section, a manufactured home shall have the same definition as in 42 U.S.C. § 5402.

Marijuana cultivation facility. Any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including, but not limited to, facilities run by licensed cultivators, as defined in R.L. § 21-28.6-3, and cooperative cultivations pursuant to R.L. § 21-28.6-14. Compassion centers, as defined in R.L. § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities. This shall not include a cannabis cultivator, as defined herein.

Marijuana emporium. Any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called "vapor lounge," or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.

Marijuana retail facility. Any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

Marina. A boat basin and recreation facility, located on waterfront property, which provides moorings for boats and such facilities as boat launching ramps and marine supply stores.

Marine office. An office used by a business involved in or related to commercial fishing, charter fishing, recreational fishing or the supply or support of the fishing or boating industry, excluding, however, any office used in connection with or to support a ferry service.

Mean sea level. The average height of the sea for all stages of the tide in relationship to the national geodetic vertical datum of 1929.

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

Mere inconvenience. As defined in section 11 of this ordinance.

Merger district. A combination of zoning use districts which have been designated for the merger of substandard lots.

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

Mobile home. A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Moderate income household. A household with an adjusted gross income that is more than 80 percent but less than 120 percent of the area median income.

Modification. Permission granted and administered by the zoning enforcement agency of the town, and pursuant to the provisions of this contained herein to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance, but not to exceed 15 percent of each of the applicable dimensional requirements.

Monitoring agents. Those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to RIGL 45-53-3.2 and to provide the monitoring and oversight set forth in RIGL including but not limited to RIGL 45-53-3.2 and 45-53-4.

Motel. A one- or two-story building providing transient lodging accommodations to the general public, divided into separate units with individual exterior entrances with directly accessible automobile parking. Such use may or may not include public dining or recreational facilities.

Municipal government subsidy. Assistance that is made available through a town program sufficient to make housing affordable, as affordable housing is defined in this ordinance and in R.I. Gen. Laws § 42-128-8.1(d)(1). Such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives and adjustments as defined in this ordinance and any combination of forms of assistance.

New construction. Structures for which the start of construction commenced on or after the effective date of this ordinance.

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

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

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

Orphanages. A community 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 Chapter 72.1 of Title 42.

Overlay district. A district established in a zoning ordinance 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.

Parking area. A site or portion thereof, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives and landscaped areas and providing vehicular access to a public or private street in a forward motion.

Parking space. An off-street space available for the parking of one motor vehicle, and having direct usable access to a street.

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.

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

Portable temporary storage unit (PTSU). A reuseable container fabricated of metal, wood or other combination of materials delivered via truck or trailer for the purpose of providing storage of equipment, inventory, supplies, furniture, household goods or other commodities. Said unit shall possess no wheels, axles or any independent mode of transport.

Preapplication 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 use. The main or primary purpose for which a structure and/or lot is designed or intended, or for which a structure can be used, occupied or maintained under this ordinance.

Professional and business services. Activities such as banking and associated services, financial services, real estate, management, tax consulting, engineering, accounting, photography, art or business schooling, day care services, medical services.

Public shoreline accessway. An unobstructed path or corridor from a public thoroughfare or facility leading to or along the Narragansett Bay and/or Atlantic Ocean shoreline areas below the mean high water mark.

Reconstruction. Structural modifications affecting the integrity of the building.

Residence zone or residential zone. Each of the following zoning districts: R-80, R-40, R-20, R-10, R-10A.

Restaurant. A business enterprise engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, usually served by a waiter or waitress, and consumed on the premises. Alcoholic beverages may also be served for consumption on the premises.

Restaurant, drive-through. A business enterprise engaged entirely or in part in serving and preparing food and beverages from a menu selected by patrons ordering from a vehicle via a drive-up window or intercom, and which delivers the food to the patrons seated in the vehicle.

Restaurant, fast food. A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items, including but not limited to hamburgers, chicken, fish and chips, tacos and hot dogs, for consumption either on or off the premises, in a facility where all or a substantial portion of the sales is by standup service at a counter or drive-through service. Such use, however, shall not include bakeries, delicatessens or such similar types of retail establishments selling pizza, grinders and/or submarine sandwiches.

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

Road, private. Any street or way over which the public does not have the right to travel except with the consent of the owner thereof.

Room, habitable. A living room, dining room, sleeping room, kitchen, or other room in a residential structure which is not a bath or toilet room and is not used exclusively for storage or accessory purposes.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sediment. Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

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.

Shopping center. A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property; or any group of commercial establishments sharing common walls; or a series of two or more separately owned establishments which share a common parking lot with spaces for at least ten cars.

Sign. Any permanent or temporary device or structure which has the following characteristics:

• • (a) Is freestanding or attached to a building or structure; and

  • (b) Is painted, represented or reproduced; and

  • (c) Is inside or outside any building or structure; and

  • (d) Displays, reproduces or includes any letter, word, name, number, model, symbol, insignia, design, device, representation, trademark or flag; and

  • (e) Is used to identify the premises or occupant or owner of the premises; or

  • (f) Is used to advertise or call attention to any trade, business, profession, industry, service, or other activity; or

  • (g) Is used to advertise any product or item or the sale or rental or use of all or part of any premises, including that upon which it is displayed; or

  • (h) Is used to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; or

  • (i) Is used to advertise or promote the interest of any person.

The word "sign" shall not be construed to mean any sign in the interior of any structure unless such sign is displayed within the view of persons who are passing on a street or are in a parking lot.

Sign, announcement. An outdoor sign within the view of persons passing on a public street, which bears an advertisement relating to the premises on which the sign is located.

Sign area. The area of the smallest triangle, rectangle, or circle which can wholly enclose the surface area of the sign. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where two faces are parallel, only one side shall be counted. Three-dimensional signs shall be treated as dual-faced signs, i.e., the total sign area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. Frames and structural members which do not meet the above definition of sign shall not be included in the computation of sign area.

Sign, business. A sign which identifies or advertises a permitted business, including permitted home occupations, which is located on the premises where such sign is located.

Sign, electric. A sign which provides artificial light directly or through any transparent or translucent material.

Sign, freestanding. A sign not supported by a wall or screening surface.

Sign, identification. An outdoor sign displaying the name and address of the occupant or identifying a permitted use or an accessory use, and which is at most 1½ square feet in area.

Sign, illuminated. A sign illuminated by artificial light focused upon or directed chiefly at the surface of the sign.

Sign, nonconforming use. A sign which identifies or advertises a use on the premises which is not allowed under this zoning ordinance.

Sign plaza. An area established and maintained by the Town of Narragansett, or other approved organization as specified in this ordinance, where approved informational and directional signs are grouped.

Sign, residential. A sign, other than the name and address of the resident, which identifies the residential premises on which it is located.

Sign, wall-mounted. A sign which is attached directly to or painted upon a wall or screening surface, and which does not project more than 12 inches therefrom. Signs located inside a building and intended to be visible from areas off the property or from a parking lot shall be considered wall-mounted 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.

Site plan review and approval. The procedure, set forth in Section 11 of this ordinance, by which the town planning board and zoning board of review evaluate whether a proposed development project will comply with all applicable development and performance standards in this ordinance.

Softscape. All area of a property that is not encompassed by the definition of hardscape. This is defined as permeable areas planted with trees, shrubs, vegetative ground cover or ornamental plantings.

Solar energy collector. A device or combination of devices which relies upon solar radiation as an energy source, and which is used to heat or cool a building, to heat water, or to generate electricity.

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.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than four feet above the average level of the adjoining finished grade or if it is used for nonaccessory business purposes or for dwelling purposes. Each basement in excess of one shall be counted as a story.

Story, half. Any space, partially within the roof framing, where the clear height of not more than 50 percent of such space between the top of the floor beams and the structural ceiling level is seven feet, six inches, or more.

Street. A public thoroughfare which has been approved, constructed and accepted by the town, a state highway, or a private way or road approved by the town for which private maintenance is ensured by agreement in perpetuity.

Street line. See "line, street."

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

Subdivision. The division of any parcel of land as defined in the Town of Narragansett land subdivision regulations.

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

Suitable land for development. All land without severe limitations for development, less all land to be used for streets, roadways and easements, and specifically excluding all land designated as coastal wetlands as defined in G.L. 1956, §§ 2-1-14 and 46-23-6(B)(e), and any subsequent amendments thereto, and all land designated as freshwater wetlands as defined in G.L. 1956, § 2-1-20, and any subsequent amendments thereto.

Swimming pool. Any body of water having an artificial bottom and/or sides and a depth of more than two feet at any point therein.

Tower. An architectural component of a residential, commercial, institutional or public building that incorporates interior space for habitation or other human use, or which exceeds the dimensional criteria for a cupola. A tower may be heated or nonheated, have walls and/or windows and shall comply with height limits set forth under dimensional regulations in section 6.4 of this code.

Town road or town street. A street which has been improved to town road standards and has been accepted for public maintenance.

Townhouse. One of several attached dwelling units that, together, constitute a multifamily building, each of which is designed for and occupied exclusively as a home or residence for not more than one family and separated from other units by a ground-to-roof party wall or walls.

Traffic level of service. A qualitative measure of operational conditions within a traffic stream, as measured in the "Highway Capacity Manual, Special Report 209," published by the Transportation Research Board, Washington, D.C. 1985.

Trailer. Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power.

Tree nursery. Any parcel of land, with or without a building, where woody or herbaceous plants are grown or maintained in condition for sale.

Unified Development. The process by which the planning board is authorized to review and approve dimensional variances for properties undergoing review as a minor land-development or minor subdivision project. This process is to be known as Unified Development Review (UDR) as enumerated in R.I. General Laws § 45-23-50.1. UDR shall not be available for major land-development or major subdivision projects and UDR shall not be available for projects seeking the grant of a use variance.

Upland. All that land or area other than wetland above the mean high tide line.

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

Variance. Permission to depart from the literal requirements of a zoning ordinance. 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 a zoning ordinance. There are only two categories of variance, a use variance or a dimensional variance.

• • (a) Use variance. Permission to depart from the use requirements of a zoning ordinance 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.

  • (b) Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance, under the applicable standards set forth in RI Gen. Laws § 45-24-41 and as set forth in Section 11 of this ordinance.

Veteran's Memorial Park. The parcel identified as Tax Assessor's Plat C, Lot 453A, which is dedicated in perpetuity to the memory of Narragansett's veterans, and on which parking and the erection of permanent structures, excluding memorials, are prohibited.

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

Wetland, coastal. As defined in G.L. 1956, § 2-1-14.

Wetland, freshwater. As defined in G.L. 1956, § 2-1-20.

Wetlands. See "coastal and freshwater wetlands."

Yard. An unoccupied, uncovered open space on the same lot with a main building or group of buildings, which extends between the building or group of buildings and the nearest lot line.

Yard, front. A yard extending across the full width of the lot and lying between the front lot line and nearest line of the main building. The only yard that is a front yard is that yard fronting the primary street.

Yard, rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.

Yard, side. A yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line.

Zones. Zoning districts established by this ordinance.

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

Zoning map. The map or maps which are a part of the zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the city or town.

Zoning ordinance. An ordinance enacted by the legislative body of the town pursuant to this chapter and in the manner providing for the adoption of ordinances in the town's legislative or Home Rule Charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the Town of Narragansett, which includes a zoning map, and which complies with the provisions of G.L. 1956, § 45-24-27 et seq.

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 agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.

(Ch. 811(1), § 1(2.2), 3-4-2002; Ch. 828, § 1(2.2), 2-3-2003; Ch. 839, § 1, 7-21-2003; Ch. 840, § 1, 8-4-2003; Ch. 873, § 1, 2-27-2006; Ch. 878, § 1, 7-3-2006; Ch. 897, § 2, 5-5-2008; Ch. 901, § 1, 7-21-2008; Ch. 921, § 1, 8-17-2009; Ch. 937, § 1, 10-4-2010; Ch. 954, § 1, 1-17-2012; Ch. 989, § 1, 10-15-2013; Ch. 1016, §§ 1, 2, 5-2-2016; Ch. 1017, § 1, 5-16-2016; Ch. 1020, § 2, 5-16-2016; Ch. 1061, § 1, 2-19-2019, eff. 3-1-2019; Ch. 1072, § 1, 1-6-2020; Ch. 1077, § 1, 8-24-2020; Ch. 1087, § 1, 6-21-2021; Ch. 1088, § 2, 9-7-2021; Ch. 1100, § 1, 10-17-2022; Ch. 1108, § 1, 6-19-2023; Ch. 1109, § 1, 8-7-2023; Ch. 1110, § 1, 8-21-2023; Ch. 1117, §§ 1, 2, 12-18-2023; Ch. 1118, § 1, 12-18-2023; Ch. 1119, § 1, 1-2-2024; Ch. 1133, § 1, 10-7-2024; Ch. 1137, § 1, 6-16-2025)

For the purpose of this ordinance, the Town of Narragansett is hereby divided into 12 zoning districts ("zones") as follows:

R-80 residence zone: This zone is composed of areas of [the] town which have severe physical limitations for development, or which are within or adjacent to wetlands, intertidal zones, coastal ponds, rivers or watersheds.

R-40 residence zone: This zone encompasses a large part of the town, and includes those areas in which the economic factors associated with extensive development are likely to discourage urban-intensity development. The zone is characterized by open space interspersed with residential and agricultural land uses.

R-20 residence zone: This zone is composed of certain quiet, moderate-density residential areas, plus certain open areas where similar residential development appears likely to occur.

R-10 residence zone: This zone is composed of high-density residential areas served by or adjacent to a public water system, plus areas where similar residential development appears desirable.

R-10A residence zone: This zone is composed of high-density residential areas served by public water and public sewer systems, plus areas where similar development appears desirable.

B-A limited business zone: This zone is composed of certain land and structures used primarily for the retailing of convenience goods such as groceries and drugs and the furnishing of personal services.

B-B general business zone: This zone is composed of certain land and structures used for the retailing of commodities and the furnishing of services dependent upon considerable vehicular and pedestrian traffic.

B-C waterfront business zone: This zone is composed of certain land and structures used primarily for the retailing of goods and services for water-oriented activities.

U-R urban renewal zone: This zone is composed of land located within the Narragansett urban renewal project (RI-24) area.

I-A limited industrial zone: This zone is composed of certain land and structures in which research industries and limited industrial uses are permitted, but general industrial uses are prohibited. The exclusion of general industrial uses is intended to promote the economic welfare of the town by preserving sites for research and limited industrial uses.

I-B general industrial zone: This zone is composed of certain industrial areas and open land suitable for industrial development. All industries are permitted uses except those deemed to be particularly obnoxious to the residents of the town. The exclusion of nonindustrial development is intended to promote the economic welfare of the town by preserving special sites for industrial purposes and by controlling the mingling of residences and industrial uses, in accordance with G.L. 1956, § 45-24-33(10).

P public use zone: This zone is composed of the areas of the town which are reserved for public and semi-public uses, including public parks, playgrounds, and recreation areas; golf courses; areas owned or occupied by the town, state, or federal government; and areas owned or occupied by the University of Rhode Island. No residential, commercial, or industrial development is permitted in this zone, except that deemed necessary by the governmental entity that owns the land. Any such development shall comply with the provisions of this ordinance.

State Law reference— Standard provisions for zoning ordinances, G.L. 1956, § 45-24-33.

The boundaries of the above zones are hereby established as shown on the zoning plat maps filed in the office of the town clerk entitled "Narragansett Zoning Map." The Narragansett zoning map is hereby adopted and made a part of this ordinance.

The official zoning map shall be identified by the signature of the town council president attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance Number 731 of the Town of Narragansett, Rhode Island, which was adopted by the town council on June 20, 1994 [as amended]." Any change in the location of boundaries of a zone hereafter made through the amendment of this ordinance shall be indicated by the alteration of such map, and the map thus altered is declared to be a part of the ordinance thus amended. No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

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

• • (1) Where boundaries are indicated as approximately following the center lines of highways, streets, alleys, railroad rights-of-way, watercourses, or water bodies, such centerlines shall be construed to be such boundaries.

  • (2) Where boundaries are indicated as approximately following town limits, such town limits shall be construed to be such boundaries.

  • (3) Where boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

  • (4) Where boundaries are indicated as approximately following platted lot lines, such lines shall be construed to be such boundaries.

  • (5) Where the boundary of a zone divides a lot which was in single ownership on the effective date of this ordinance, the zoning board of review may permit, as a special use permit, the extension of the regulations for either portion of the lot, not to exceed 50 feet beyond the boundary line, into the other portions of the lot.

  • (6) Where boundaries are indicated as following shorelines, such shorelines shall be construed to be such boundaries. Any changes in such shorelines shall be construed as changes in such boundaries.

  • (7) Boundaries indicated as parallel to or extensions of features indicated in the above subsections shall be so construed.

  • (8) Distances and dimensions not specifically indicated on the official zoning map shall be determined by the scale of the map.

  • (9) Where existing physical features do not conform with those shown on the official zoning map, and in other circumstances not covered by the above, the zoning board of review shall interpret the zone boundaries.

This ordinance establishes overlay districts encompassing areas of the town where natural physical limitations render the land unsuitable for development without restrictions. These areas include, coastal waters and shorelines (not including coastal & freshwater wetlands), lands characterized by a high water table or steep slopes, and floodprone lands. Development in such areas may constitute a special use and may require site plan review and approval in accordance with the provisions of section 16 or 18 of this ordinance.

The overlay districts defined in this section are generally delineated on the maps and overlay sheets entitled "Environmental Inventory—Town of Narragansett, Spring 1986." These maps and overlay sheets have been transcribed into digital format and form a part of the Narragansett Geographic Information System (NARGIS) and describe the town's topography, soils, hydrology, transportation, land use, zoning, and wetlands. They are intended to alert landowners that their property may have limitations for development. The maps and overlay sheets are not a substitute for a site survey performed by a qualified biologist, ecologist, soil scientist, or hydrologist establishing the actual boundaries of the unsuitable lands.

(Ch. 811, § 1(4.1), 3-4-2002; Ch. 1140, § 1, 12-15-2025)

The "Environmental Inventory - Town of Narragansett, Spring 1986," prepared for the planning board by Searle and Searle with Tobey-Meader Associates under the authority of section 2-121 of the town Code, and the NARGIS files derived therefrom, is hereby adopted and made a part of this ordinance. The environmental inventory is filed in the offices of the planning division and the town clerk. State data providing wetlands information may also be referenced.

(Ch. 811(1), § 1(4.2), 3-4-2002; Ch. 1140, § 2, 12-15-2025)

Cross reference— Environment, ch. 22.

It is the policy of the State of Rhode Island and the Town of Narragansett to preserve and protect coastal and freshwater resources in the interests of the public health, safety, and general welfare of the community.

• • (1) District defined. This [coastal and freshwater wetlands overlay] district is composed of coastal and freshwater swamps, vernal pools, marshes, ponds, bogs, intermittent and perennial streams, areas subject to storm flowage, areas subject to flooding, and other wetlands which serve such valuable natural functions as buffering storms; controlling flooding, erosion and sedimentation; providing spawning grounds and nurseries for economically valuable fish and shellfish; recharging groundwater; providing open space and habitat for wildlife and wildfowl; absorbing pollutants and purifying runoff; and creating opportunities for recreation, education and research. The coastal and freshwater wetlands overlay district also includes all land adjacent to the biological edge of the above wetlands as established by a wetlands biologist and verified by the applicable state regulating body.

For purposes of this ordinance, coastal wetlands includes, but is not limited to salt marshes bordering on tidal waters, and other areas as defined in CRMC Redbook (650-RICR-20-00-1). Freshwater wetlands include marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to flooding or storm flowage, and emergent and submergent plant communities in any body of freshwater including rivers and streams, as these lands and waters are defined in G.L. 1956, § 2-1-20, and any subsequent amendments thereto.

• • (2) Prohibited uses. The following activities are prohibited in any coastal and freshwater wetlands:

    • a. Excavate; drain; fill; place trash, garbage, sewage, highway runoff, drainage ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; divert water flows into or out of; dike; dam; divert; change; add to or take from or otherwise alter the character of any freshwater wetland, buffer, or floodplain as defined in § 2-1-20 without first obtaining the approval of the director of the department of environmental management; or

    • b. Undertake any activity within a jurisdictional area, as defined in § 2-1-20, that may alter the character of the freshwater wetland, buffer, or floodplain without first obtaining the approval of the director of the department of environmental management.

  • (3) Reserved.

  • (4) Reserved.

  • (5) Special review uses. The Town of Narragansett shall use the wetland overlay district and/or any information previously provided to the town to determine if a property is located within proximity to a wetland. Projects that are determined, or reasonably presumed to be, within the regulatory area as defined by RIDEM/CRMC, will be subject to state approvals, or determination of non jurisdiction. The town may, at its discretion, require any or all of the following in order to properly execute a building permit:

    • a. A verified wetland edge and/or preliminary determination from either RIDEM or CRMC, depending upon jurisdictional authority.

    • b. An approval from RIDEM, or CRMC, as applicable, prior to the issuance of a building permit. If the project necessitates any other zoning approval, such approval shall be necessary before issuance of a building permit from the town.

Further, all applications that have been determined to be within CRMC/RIDEM jurisdiction, shall provide to the town, through certification by an appropriate professional, the following information:

• • • a. That the project will not obstruct floodways in any detrimental way, or reduce the net capacity of the site to retain floodwaters, including storm water;

    • b. That the proposed project will not cause any sedimentation of wetlands, and will include all necessary and appropriate erosion and sediment control measures;

    • c. That the proposed project will not directly or indirectly degrade surface or ground water quality.

(Ch. 811(1), § 1(4.3), 3-4-2002; Ch. 1108, § 2, 6-19-2023; Ch. 1140, § 3, 12-15-2025)

Cross reference— Waterways, ch. 82.

• (a) District defined. The coastal resources overlay district is composed of (i) tidal waters and coastal salt ponds; (ii) shoreline features including coastal beaches and dunes, barrier beaches, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines; and (iii) areas contiguous to shoreline features extending inland for 200 feet ("contiguous areas"), as these lands and waters are defined by the state coastal resources management council. Coastal resources have great and varied commercial, industrial, recreational, ecological, and aesthetic values which are threatened with destruction by unplanned and poorly planned development. It is the public policy of Rhode Island and the town to preserve, protect, develop, and restore coastal resources and their ecological systems in the interests of the public health, safety, and general welfare of the community.

• (b) Special use permit uses. The zoning board of review may grant a special use permit following site plan review and approval for the following activities in the coastal resources overlay district, provided the proposed project or activity complies with all applicable development standards and other requirements imposed by this ordinance and by the state coastal resources management council:

  • (1) Filling, dumping, depositing, dredging, excavating, mining, grading, or removing or disturbing topsoil;

  • (2) [Reserved];

  • (3) Constructing structures, roads, parking areas, or other facilities;

  • (4) Installing sewer lines, individual sewage disposal systems, or other underground utilities;

  • (5) Constructing any marinas;

  • (6) Installing structural or nonstructural shoreline protection measures such as seawalls and bulkheads;

  • (7) Undertaking beach nourishment;

  • (8) Discharging or introducing any pollutants or effluents, including runoff;

  • (9) Disposing of solid waste.

• (c) Development standards. Any proposed use or development in a coastal resources overlay district must comply with the following development standards:

  • (1) The proposed project will not interfere with public access to or use and enjoyment of tidal waters and shorelines features;

  • (2) The proposed project will not degrade the aesthetic and recreational values of tidal waters or diminish the natural diversity of shoreline features;

  • (3) The proposed project will not degrade existing water quality or adversely affect the circulation and flushing patterns of tidal waters, or diminish the value of tidal waters and shoreline features as habitats for fish, shellfish, wildlife, and wildfowl;

  • (4) The proposed project will not increase the volume or velocity of stormwater runoff or sedimentation of tidal waters or exacerbate the potential for shoreline erosion or flooding;

  • (5) The proposed project will not diminish the value of any shoreline feature as a storm and hurricane buffer;

  • (6) Any filling, grading, excavating, and other land alteration will be the minimum necessary to construct the proposed project;

  • (7) The proposed project will not pose any threat to public health, public safety, or property;

  • (8) Except for foot paths and selective thinning of vegetation for view corridors as approved by CRMC, a 150-foot wide natural undisturbed buffer drawn from the inland edge of the coastal feature shall be required for "areas of critical concern" and "self sustaining lands" as these areas are defined by CRMC, and lands adjacent to Wesquage Pond and other poorly flushed estuarine areas. A 100-foot wide buffer is required for other areas fronting on other natural shoreline features in the coastal resource overlay district. Within these buffer areas all structures, roads, individual sewage disposal systems are prohibited, except as allowed by section 16 of this ordinance.

(Ch. 811(1), § 1(4.4), 3-4-2002)

Cross reference— Waterways, ch. 82.

• (a) District defined. This [high water table limitations overlay] district is composed of areas in which the water table is within three feet below the surface of the ground for significant periods of the year, creating moderate to severe limitations for subsurface development. In high water table limitations overlay district "A," the water table is generally within 18 inches of the surface of the ground. Areas included in district "A" are designated on the environmental inventory soils maps with the following symbols: Aa, Co, Mk, Re, Rc, Rf, Sb, Se, Sf, Wa, Ma, Me, Mc. In high water table limitations overlay district "B," the water table is generally between 18 inches and three feet below the surface of the ground. Areas included in district "B" are designated on the environmental inventory soils maps with the following symbols: Bc, Nt, PmA, PmB, PnB, RaA, RaB, RbB, StB, WbB, WhA, WhB, WoB, StB, Ss, Tb.

• (b) Prohibited uses. Underground fuel storage tanks are prohibited in districts "A" and "B."

• (c) Special review uses. The building inspector may issue a permit for in-ground swimming pools and basements in districts "A" and "B," provided the applicant submits detailed plans and an accompanying statement stamped by a registered professional engineer certifying that all applicable development standards have been met by the proposed development plans. The engineering department shall review all state approved individual sewage disposal systems in districts "A" and "B" to ensure they are properly distanced from all water and sewer lines and that they will be properly graded so as to not allow an increase in storm water runoff onto neighboring properties. The planning department shall review all state approved individual sewage disposal systems and associated architectural plans in districts "A" and "B" to ensure that the number of bedrooms that the system is designed for cannot be exceeded.

• (d) Development standards. Any proposed basement or in-ground swimming pool in high water table limitations overlay district must comply with the following development standards, in addition to all other applicable requirements of this ordinance:

  • (1) The design of the subsurface structure or system minimizes the problems and hazards created by the high water table;

  • (2) The high water table will not damage or interfere with the proper functioning of the subsurface structure or system;

  • (3) The subsurface structure or system will not pose any threat to public health or safety or to the water resources of the town.

• (e) Site coverage standard. Structures, paving, and other impervious surfaces shall cover no more than the following percentages of the area of any lot in a high water table limitations overlay district:

  Zone	District/Use	Maximum Site Coverage (percent of lot area)
  R-80	Residence	9
  R-40	Residence	13
  R-20	Residence	17
  R-10	Residence	22
  R-10A	Residence	22
  B-A	Business	43
  B-B	Business	43
  B-C	Business	43
  I-A	Industrial	43
  I-B	Industrial	43

 

In case of legally created dimensionally substandard lots of record, the maximum percentage of lot coverage shall be adjusted according to the ratio of the substandard lot to the minimum lot size in that zone. In case of lots in cluster subdivisions the maximum percentage of lot coverage shall be adjusted to conform to the standards for the zoning district nearest in area requirement to the actual area of the cluster lot in question.

(Ch. 811(1), § 1(4.5), 3-4-2002; Ch. 894, § 5, 11-5-2007; Ch. 1016, § 9, 5-2-2016; Ch. 1090, § 1, 2-22-2022; Ch. 1118, § 2, 12-18-2023)

• (a) District defined. The steep slope overlay district is composed of areas in which slopes exceed 15 percent, creating the potential for severe soil erosion and problems with the construction of buildings and the installation of individual sewage disposal systems. Land in this [steep slope overlay] district is designated on the environmental inventory soils maps with the following symbols: CaD, ChD, HkD.

• (b) Special use permit uses. (Reserved).

• (c) Special review uses. The building inspector may grant a permit for development in a steep slope overlay district, provided the applicant submits plans and a statement stamped by a registered professional engineer or qualified land surveyor that the project complies with all applicable development standards and other requirements of this ordinance.

• (d) Development standards. Any proposed project in a steep slope overlay district must comply with the following development standards:

  • (1) The design of the project minimizes cuts, fills, and regrading to the maximum extent practicable;

  • (2) All clearing, grading, and construction will be done in a manner which controls runoff and erosion to the maximum extent practicable;

  • (3) Individual sewage disposal system leaching fields will parallel the general contours of the land;

  • (4) The project will not result in any increase in the velocity or flow of runoff off-site or downstream;

  • (5) Footings of all structures will extend to stable rock or soil.

• (a) Purpose. The purpose of this section of the ordinance 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 Narragansett elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

• (b) Applicability. This special flood hazard area overlay district contains special flood hazard areas, including floodways and coastal high hazard areas. Special flood hazard areas are subject to recurrent flooding which presents serious hazards to the health, safety, welfare, and property of the residents of the Town of Narragansett. Regulation of the development and alteration of such areas is thus in the public interest.

  • (1) Special flood hazard areas. The special flood hazard areas are herein established as a floodplain overlay district (district). The district includes all special flood hazard areas within the Town of Narragansett designated as zone A, AE, AH, AO, A99, V, or VE on the Washington 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 Washington County FIRM that are wholly or partially within the Town of Narragansett are panel numbers 44009C118J, 44009C192J, 44009C194J, 44009C0206J, 44009C0208J, 44009C0211J, 44009C0212J, 44009C0213J, 44009C0214J, 44009C0307J, and 44009C0326J dated October 16, 2013, and panel numbers 44009C0114K, 44009C0202K, 44009C0203K, and 44009C0204K dated April 3, 2020. 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 Washington County Flood Insurance Study (FIS) report dated April 3, 2020. The town manager's designee is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the town clerk, building official, and the department of community development.

CRMC STORMTOOLS design elevation maps: The Rhode Island Coastal Resources Management Council design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100 year storm referred to within the states building height definition, may be used in place of the FEMA FIRM maps where they represent a higher design flood elevation than the FEMA FIRM.

• • (2) Administrative provisions.

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

    • b. The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore, if another state agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files. 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 and/or 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.

    • c. Prior to the issuance of a building 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.

    • d. A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Narragansett 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 need the assistance of a professional engineer.

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

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

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

    • h. Enforcement. The building official shall enforce all provisions as applicable in state and local building codes.

    • i. Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in state and local building codes.

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

  • (1) Adjacent communities

  • (2) NFIP State Coordinator

Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

• • (3) Risk Analysis Branch

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

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

• (d) Use regulations.

  • (1) Reference to existing regulations.

    • a. 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:

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

      • 2. Coastal Resources Management Act, Coastal Resource Management Council (G.L. ch. 46-23);

      • 3. Endangered Species Act, Rhode Island Department of Environmental Management (G.L. § 20-1-2);

      • 4. Freshwater Wetlands Act, Department of Environmental Management (G.L. § 2-1-18);

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

      • 6. Water Quality Regulations, Rhode Island Department of Environmental Management (G.L. chs. 42-17.1, 42-17.6, and 46-12).

    • b. 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. Within zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

    • b. Within zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.

    • c. All subdivision proposals must be designed to assure that:

      • 1. Such proposals minimize flood damage;

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

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

    • d. Detached accessory structures (i.e., garages, sheds) in zones A, AE, A1—30, AO, and AH special flood hazard areas do not have to meet the elevation or dry floodproofing requirement if the following standards are met:

      • 1. The structure has a value less than $1,000.00.

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

      • 3. The structure is not used for storage of hazardous materials.

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

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

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

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

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

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

    • f. The space below the lowest floor:

      • 1. Free of obstructions as described in FEMA Technical Bulletin 5 "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program";

      • 2. Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or

      • 3. Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten or more than 20 pounds per square foot.

  • (3) Base flood elevation (BFE) 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 nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.

• (e) Definitions. Unless otherwise specified, the definitions provided for below shall only be applicable to this section.

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 shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

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."

Building height. 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.

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

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

Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

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

Expansion to an existing manufactured home park or existing manufactured home subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

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

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

Flood insurance rate map (FIRM). The official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas (and the risk premium zones applicable to a community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

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

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

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

Functionally dependent use or facility. A use 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.

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

Historic structure. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior; or (2) directly by the Secretary of the Interior in states without approved programs.

Limit of moderate wave action (LiMWA). An advisory line indicating the limit of the 1.5-foot wave height during the base flood.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of [44 CFR] § 60.3.

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

Manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

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

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

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

Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway. See definition for "floodway."

Sheet flow area. See definition for "area of shallow flooding."

Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, zone A usually is refined into zones A, AO, AH, A1—30, AE, A99, AR, AR/A1—30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1—30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."

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

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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

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

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

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

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

Violation. Failure of a structure or other development to be fully compliant with this section of the ordinance. Construction or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

(Ch. 989, § 2, 10-15-2013; Ch. 1061, § 2, 2-19-2019, eff. 3-1-2019; Ch. 1072, §§ 2, 3, 1-6-2020; Ch. 1073, § 1, 1-21-2020, eff. 4-3-2020)

Editor's note— Ch. 989, § 2, adopted Oct. 15, 2013, repealed the former § 4.7 and enacted a new § 4.7 as set out herein. The former section pertained to similar subject matter and derived from Ch. 937, § 2, 10-4-2010.

• • 1. District defined. The Breakwater Village special district, located on the west side of Ocean Road, consists of Plat M, Lot 167-1 and includes those condominium units 1 through 172 as shown on plans prepared for Breakwater Village, Inc. by Paul N. Robinson Associates, Inc. dated April 1, 1991, provided, however, that the portion of Plat M, Lot 167-1 located on the south side of Shore Road and not included within the Condominium Association is excluded from the boundaries of the special district. The zoning map of the Town of Narragansett shall be amended accordingly.

  • 2. Purpose. The purpose of this special planning district is to recognize the particular development pattern and physical characteristics of Breakwater Village; to provide relief to the unit owners and to ease the burden on the town, in regards to the application of zoning dimensional regulations; and to ensure that future development is done in a manner consistent with the health, safety and welfare of the residents of Breakwater Village.

  • 3. Review by Breakwater Village Condominium Association required. Any unit owner seeking a building permit or requesting relief from the zoning board of review in the form of a variance or special use permit under the provisions of section 11 or 12, respectively, of this ordinance relating to the renovation of or improvement to the unit, dwelling, or the construction of an accessory structure, shall first have their [his] project reviewed by the Breakwater Village Condominium Association ("BVCA"). The review shall be conducted by the architectural review committee established under article 6 of the bylaws of the Breakwater Village Condominium. The review may be conducted either prior to or after the submission of a building permit application or zoning board application, provided, however, that no building permit shall be issued or zoning board hearing held until the applicant has either provided proof that the project has been reviewed by the BVCA or proof that the applicant has submitted his/her project to the BVCA and at least 60 days have passed from the date of submission and no action has been taken by the BVCA. If no recommendation is received within 60 days after submission to the BVCA, it shall be deemed to be a recommendation for approval and the application shall then be processed by the building official or zoning board of review, as applicable.

  • 4. Permitted uses. Within the Breakwater Village special district all single-family dwellings and their accessory structures existing on the effective date of this amendment shall be considered conforming to the provisions of the Narragansett Zoning Ordinance. No additional dwelling units may be constructed, placed, or installed in the District after the date of adoption of this ordinance. Within the Breakwater Village special district the following are permitted uses. All uses not expressly permitted are prohibited.

Any structure constructed, reconstructed, or altered through the variance or special exception/use permit process prior to the date of adoption of this section on November 20, 2000 may be altered or reconstructed irrespective of special conditions, and site plan specifications imposed by the zoning board of review, provided such alteration or reconstruction is in conformity with these regulations.

Permitted Uses for Breakwater Village Special District

 

• • 5. Dimensional regulations. The following dimensional regulations shall apply to all improvements, modifications, alterations and reconstructions of single-family dwellings and their accessory structures within the Breakwater Village special district:

    	Minimums			Maximum	Maximum	Maximum Heights
    Unit Parcel Size (square feet)	Front yard (feet)	Rear yard (feet)	Side yard (feet)	FAR (floor area ratio)	Building coverage (percent)	Main Structure (feet/stories)	Accessory Structure (feet)
    < 1700	6 6	6 6	6 6	0.48 0.52	48 43	16/1* 21/2*	9 9
    1700—2000	6 6	6 6	6 6	0.43 0.48	43 39	16/1* 21/2*	9 9
    2000—2400	9	6	8	0.43	43	23/2	9
    2401—2999	9	6	8	0.39	39	23/2	9
    3000—4499	12	9	9	0.35	35	24/2	9
    4500—5999	17	12	9	0.30	30	26/2	10
    6000—7499	23	14	12	0.26	26	26/2	10
    7500—9999	23	17	12	0.22	22	26/2	10
    10000+	29	23	12	0.22	22	30/3	16

 

* See subsection 4.8.1.6(d).

• • 6. Special conditions. Where applicable and in addition to the requirements of section 5 above, approval of any proposed improvement to a dwelling or accessory structure within the special district shall also be subject to the following conditions:

    • (a) The minimum front yard setback along Follett Road shall be 23 feet. Those lots along Follett Road that are 10,000 square feet or greater, however, shall conform to a 29-foot front setback.

    • (b) The improvement shall not diminish the available parking on the unit to less than two spaces.

    • (c) Any expansion of the main structure, excluding decks, that is equal to or greater than 25 percent of the footprint existing as of the date of recording of the condominium declaration, shall require the granting of a special use permit from the Narragansett Zoning Board of Review.

    • (d) Two-story structures may be allowed on lots of 2,000 square feet or less by granting of a special use permit when it can be proven by evidence placed on the record that site conditions, land availability for parking, outdoor activities and environmental impacts will be improved. In no case shall the second story on a lot of less than 2,000 square feet exceed 35 percent of gross floor area or 21 feet in height.

    • (e) There shall be no flat roofs. The minimum roof pitch shall be 4/12 .

    • (f) The zoning board of review, in reviewing requests for second story additions, shall consider the lot size, shape and proximity of the adjacent dwellings or structures. In granting any special use permit under this section the zoning board of review shall determine the appropriate height of the second story (not to exceed height limitations as set forth in subsection 4.8.1.5 above).

    • (g) Connection to the Breakwater Village sewer system is required. No approval shall be granted from the zoning board of review nor any building permit issued by the building inspection division for any construction or improvement to a unit which is not connected to the sewer system. Evidence of connection shall be submitted with any application for either zoning relief or building permit.

    • (h) Exterior or interior reconstruction of any unit dwelling which has an estimated cost of 25 percent or more of the replacement value of the dwelling must conform to the following fire protection measures, as specified in the state building code. For the purposes of this section, reconstruction shall include any changes in the framing or footprint of the unit dwelling, the replacement of doors or windows within existing openings, or the replacement of siding material.

      • (1) Any side of the said dwelling which is impacted by the reconstruction and is located three feet or closer to the unit lot line shall have a one-hour fire resistant rating for both the interior and exterior walls under the provisions of section 302 of the R.I. State Building Code (CABO) for one- and two-family dwellings. All doors and windows shall have a three-quarter-hour fire resistant rating.

      • (2) Any side of the said dwelling which is impacted by the reconstruction and is located between three and ten feet of the unit lot line shall have a one-hour fire resistant rating for the interior wall under the provisions of section 302 of the R.I. State Building Code (CABO) for one- and two-family dwellings. All doors and windows shall have a three-quarter-hour fire resistant rating.

    • (i) Sheds. Sheds of up to 50 square feet in floor area shall be allowed a ⅓ reduction in side and/or rear setbacks.

    • (j) Driveways. Shall be constructed of proper materials for vehicle parking (not grass) and specifically separated from other use areas of the site.

    • (k) High water table determination. For all foundations deeper than four feet below natural grade, a water table test shall be conducted by an appropriate professional and submitted to the building official prior to any new construction or building expansion. Where it is determined that a high water table exists (within 36 inches of surface) all provisions of section 4.5 shall be met.

    • (l) Sundecks. Sundecks of up to 8.7 percent of the proposed GFA shall be allowed without counting toward the property's gross floor area. Any sundeck or portion thereof that exceeds the 8.7 percent area allowance shall count toward the property's gross floor area.

  • 7. Public hearing notice requirement. Within the Breakwater Village special district the following notice requirements for a public hearing on an application for a variance or special use permit shall govern in place of the notice requirements regarding property owners as contained within section 11.3(2) of this ordinance:

    • (a) All property owners of record of land within 200 feet of Plat M, Lot 167-1 shall be notified by first class mail at least 14 days prior to the hearing. The sender of the notice shall submit a notarized affidavit to attest to this mailing.

    • (b) Within Plat M, Lot 167-1, all unit owners within 200 feet of the individual unit which is the subject of the application shall be notified by first class mail which shall be postmarked at least two weeks prior to the public hearing. The sender of the notice shall submit a notarized affidavit to attest to this mailing.

    • (c) Supplemental notice shall be posted in the common area of the Breakwater Village Condominium Association ARC information center located at the mailbox area on Ocean Road at least two weeks prior to the public hearing and may also appear in the Breakwater Village Association newsletter.

(Ch. 799, § 1, 11-20-2000; Ch. 833, § 1, 5-19-2003; Ch. 894, §§ 1, 2, 11-5-2007; Ch. 908, §§ 1—3, 6-15-2009; Ch. 1016, § 3, 5-2-2016; Ch. 1117, § 3, 12-18-2023; Ch. 1118, §§ 3, 4, 12-18-2023)

• (a) District defined. The Port of Galilee special district consists of the commercial fishing village of Galilee, which includes the commercial waterfront along Point Judith Pond, and the adjoining mixed residential, commercial and recreational areas along Galilee Escape Road, Great Island Road, Sand Hill Cove Road and Galilee Connector Road. The boundaries of this special district are designated on the map titled "Port of Galilee Special District" attached to this ordinance.

• (b) Purpose. The purpose of this special planning district is to recognize the unique characteristics of Galilee, including its statewide importance as a commercial fishing port, and to achieve the goals of the Galilee Special District Plan, an addendum to the Narragansett Comprehensive Plan.

• (c) Special district zones. The Port of Galilee special district shall be comprised of the following zoning districts, including three zones which are unique to Galilee and which shall supercede any zones in place prior to the effective date of this special planning district:

  • (1) Galilee — fishing zone (G-Fi). This zone is that area within the Port of Galilee special district which encompasses the developed waterfront and certain other areas which are to be used primarily for commercial fishing and related activities, and other water-dependent uses including charter fishing.

  • (2) Galilee — ferry zone (G-Fe). This zone is that area within the developed waterfront of the Port of Galilee special district which is to be used for land-based activities supporting ferry service to Block Island.

  • (3) Galilee — business zone (G-B). This zone is that area which comprises the general commercial and mixed-used area within the Port of Galilee special district which is to be used primarily for retail goods and services, commercial off-street parking and mixed uses.

  • (4) Residence—20 zone (R-20). As defined in subsection 3.1 of this ordinance.

  • (5) Public use zone (P). As defined in subsection 3.1 of this ordinance.

• (d) Use regulations. The following table of use regulations lists the uses applicable to each of the special district zones. Uses governing R-20 are delineated in section 6.1, use regulations. The uses applicable to the public use zone as shown below shall replace those delineated in section 6. The following symbols indicate the status of each use:

  P = Permitted use	X = Prohibited use
  S = Use allowed by special use permit	A = Allowed as an accessory use

 

Any use not specifically listed shall be deemed to be prohibited within the Port of Galilee special district.

 

Marine-related uses specifically prohibited within the Port of Galilee special district shall include, but not be limited to, cargo handling facilities; boat building or the manufacture of marine products; boat storage and repair; and boat liveries (small boat rentals).

* The granting of a special use permit for a ferry service in the Galilee fishing zone is also subject to the provisions of subsection 12.19, standards for ferry services.

** The granting of a special use permit for seafood distribution and/or processing in the Galilee business zone is also subject to the provisions of subsection 12.20, standards for seafood distribution facilities and seafood processing plants.

*** Outdoor storage of commercial vehicles shall not include the temporary parking of trucks or buses waiting to board the ferry; such temporary parking shall not exceed 24 hours.

 

Hotel, retail and service uses specifically prohibited within the Port of Galilee special district shall include, but not be limited to, motel or tourist court; outdoor parking of major recreational vehicles and commercial vehicles (as a principal use); any drive-through use; packaged liquor store; and gasoline filling station.

* The expansion of any pre-existing nonconforming use within the G-Fi zone shall be subject to the provisions of subsection 10.2, standards for expansion of a nonconforming use in the Galilee fishing zone.

** There shall be no expansion of off-street parking lots into the property commonly known as the Galilee Bird Sanctuary.

*** A mixed parking garage/commercial structure shall consist of both commercial parking and retail and/or service uses in a single structure.

 

Wind generation facilities are specifically prohibited within the Port of Galilee special district.

• (e) Dimensional regulations. The following table of dimensional regulations lists the dimensional requirements applicable within the special district zones. Dimensional requirements governing uses in R-20 are delineated in subsection 6.4, dimensional regulations. No dimensional requirements have been established for uses in the public use zone.

  	Minimums					Maximums
  Zoning district	Lot size (square feet)	Lot width (feet)	Front yard (feet)	Rear yard (feet)	Side yard (feet)	Building coverage (percent)	Height of structures (feet)
  G-Fi/G-Fe
  Any permitted use	None	None	6	0	11.5	61	30
  G-B
  Hotel	20,000	100	23 *	23	11.5	52	52 **
  Inn	10,000	100	17 *	17	11.5	52	43 **
  Other permitted use	10,000	100	6	11.5	11.5	43	30

 

Yard dimensions listed above shall be subject to the maintenance of a ten-foot wide fire lane where required by the Town of Narragansett.

* A hotel or inn that has a front porch may be located within six feet of the front lot line.

** Requires a pitched roof having a minimum slope of 8/12 ; no flat roofs are permitted.

• (f) Design and site plan review required. All redevelopment or new development occurring within the Port of Galilee special district that consists entirely or partially of commercial uses shall undergo design and site plan review by the Narragansett Planning Board under the provisions of section 18, site plan review. Such review shall occur regardless of the need for a variance or special use permit. In addition, approval by the planning board of all site, building and signage plans is required prior to the issuance of any state or local building permits.

Applicants proposing any new or expanded commercial or mixed-use development within the special district shall undergo a pre-submission conference with the planning division and submit a site plan with all applicable information as required under subsection 18.2. In addition, the applicant shall submit details of any proposed business sign indicating the dimensions and material, size of letters and logo, colors and type of illumination.

The following development standards shall be applied by the planning board in their review of new commercial and mixed-use development in the special district. These may be enhanced or further defined by more specific design standards as may be adopted from time to time by the Narragansett town Council for the Port of Galilee. All design elements of new development must be shown to be in keeping with the Galilee special district design standards.

• • (1) Building placement and design.

    • (a) A new building shall be placed as close as feasible to the street, no further than necessary or desirable from the five foot front yard setback. Building placement shall be planned so that a consistent setback is ultimately achieved notwithstanding preexisting setbacks which would be considered excessive under these standards. Benches and bicycle racks may be placed within the five-foot front yard setback.

    • (b) The scale of the building, and the relationship of building masses with spaces, shall be compatible with the character of a traditional New England fishing village, or with architectural and development standards that the town determines suitable for the port area.

    • (c) The building height, the roof design and pitch, the proportions of and relationships between doors and windows, and the relationship of the width to the front facade height (massing), shall be compatible with the style of a building in a traditional New England fishing village, or with architectural and development standards that the town determines suitable for the port area.

    • (d) A building shall have the same materials, or those which are architecturally harmonious, used for all walls and other exterior building components.

    • (e) Additions or alterations to an existing building should be complementary in scale to the original structure, and architectural details, including materials, colors and textures, shall be treated so as to be compatible with the original architectural style of the building, providing such details preserve and enhance the character of the surrounding area.

    • (f) Mechanical equipment and utility hardware on the roof shall be screened from public view with materials harmonious to the building. Utility structures that cannot be placed on the roof shall be located so they are not visible from the street or public open space, and shall be screened with landscaping or materials that are compatible with the building.

    • (g) When used, the design and size of exterior lighting and/or widow lighting shall be compatible with the building and the adjacent areas. Review of lighting features by the planning board shall include color, lumens, location, design and impact on adjacent properties.

    • (h) All new or extended utilities in the Galilee business zone shall be installed underground.

  • (2) Signage. The following standards for commercial signs in the special district shall supersede those regulations contained in subsection 7.18(i)(2), commercial signs. All new proposed commercial signage shall be subject to review by the planning board as part of the design and site plan review process.

    • (a) One wall-mounted sign on the entrance facade shall be allowed per business unless there is also either a rear or side entrance to said business, in which case a second wall-mounted sign shall be allowed. The principal business sign shall not exceed 30 square feet in area nor 70 percent of the length of the entrance facade; the secondary business sign shall not exceed 15 square feet in area.

    • (b) A projecting sign shall be allowed in place of a flush-wall mounted sign. The projecting sign shall have a minimum clearance of ten feet and shall not exceed 15 square feet in area.

    • (c) One freestanding sign shall be allowed for either an individual business establishment which does not have an equivalent flush-wall or projecting sign, or for a multitenant building or plaza to provide joint identification of the occupant businesses. The freestanding sign shall be no more than ten feet in height and shall be set back at least four feet from any street or property line. An individual business freestanding sign shall not exceed 15 square feet in area; a multitenant freestanding sign shall not exceed 15 square feet in area for the building or plaza name, and two square feet in area for each business name. No individual freestanding signs shall be allowed for businesses in a multitenant building or plaza.

    • (d) No sign, window opening, store facade, or the like shall be internally illuminated.

  • (3) Site design and landscaping.

    • (a) The layout and design of all means of vehicular and pedestrian circulation, including interior drives, parking areas and walkways, shall provide for safe interior circulation and separation of pedestrian, vehicular and service traffic.

    • (b) The number of site entrances shall be the minimum necessary for effective traffic control, and sharing of access driveways and parking areas by adjoining properties shall be incorporated into the site design wherever possible.

    • (c) Provisions for pedestrian movement, in the form of sidewalks or walkways, shall be made to allow for safe access between parking areas and retail establishments.

    • (d) Bicycle parking facilities shall be provided at all commercial parking areas in the Galilee business zone designed for 50 or more cars, with a ratio of at least one bicycle space for each ten car spaces.

    • (e) Landscape treatment shall be provided to enhance architectural features and improve aesthetics. The site shall be planned to achieve a desirable transition between the building and the street, with landscaping required and the use of pedestrian walkways, special lighting, benches and other amenities encouraged.

    • (f) The amount of frontage along a street occupied by parking should be minimized for sites undergoing redevelopment, while all parking shall be placed behind the building(s), if practicable, for sites undergoing new development. No new parking areas shall be located within the front yard. If possible, all parking areas should be designed in small groups or courts to lessen visual impacts.

    • (g) Parking lots that front on public streets shall be screened by landscaping or with walls or fencing a minimum of three feet in height. Walls and fences shall be of a scale and material appropriate to the site and surrounding area.

    • (h) The interior of all paved parking areas within the Galilee business zone shall be enhanced with planted islands, with a minimum of one island for each 20 parking spaces. The planted islands shall be placed so as to prevent long rows of uninterrupted parking spaces and be designed to assist in treatment of stormwater runoff. All islands shall be surrounded by continuous raised curbing.

    • (i) Plantings along the perimeter of parking areas and new streets should include either evergreen species, or street trees of at least 3.5-inch caliper planted at intervals of 35 feet. Planted islands may include shrubs, plants and other live vegetation, but should include one tree of at least three-inch caliper. Species to be selected shall be tolerant of high salt concentrations and heavy wind conditions.

    • (j) Only nursery grown plant materials shall be accepted, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. The owner shall be responsible for maintaining the landscaping and for replacing all dead or diseased plant materials on at least an annual basis. Failure to adequately maintain required plantings may result in such work being performed by the town at the owner's expense.

    • (k) Screening of refuse areas, service and storage yards and exterior work areas shall be accomplished by use of walls, fencing, plantings or a combination of these.

  • (4) Environmental inventory overlay district requirements. Proposed uses within the Port of Galilee special district shall be subject to the requirements of all applicable environmental inventory overlay districts as described in subsections 4.3 through 4.7 of this ordinance, except, however, a special use permit shall not be required for uses or activities as defined in the appropriate sections of the overlay district regulations. Review by the zoning board of review under the provisions of section 12, special use permits shall be replaced by review by the planning board under the provisions of section 18, site plan review. The planning board shall ensure that all applicable development standards of the overlay districts are complied with. The planning board shall also apply the standards contained in subsection 7.7, supplementary drainage requirements, relating to stormwater management and erosion and sediment control, in reviewing development proposals within the special district.

  • (5) Parking requirements. Parking requirements for development within the Port of Galilee special district shall be reviewed on a case-by-case basis. As part of the site plan review of any new development, the applicant shall present a parking plan to the planning board that addresses existing parking, projected demand and a means of addressing this demand. The parking plan shall take into account available on-site and off-site parking. Shared parking among different businesses and uses is encouraged. Approval by the planning board of a parking plan for development within the special district shall supersede the parking standards contained in subsection 7.9, automobile parking space.

(Ch. 828, § 1(4), 2-3-2003; Ch. 1118, § 5, 12-18-2023)

• (A) Planned residence district defined.

The planned residence district (PRD) is a floating zone enabled under G.L. 1956, § 45-24-1 et seq. governed by the subdivision and land development regulations which may be applied with the consent of the town council and planning board in the R-10, R-20, R-40, and R-80 zoning districts. It is designed to allow for the redesign and replat of undeveloped plats of record containing legally recorded substandard lots in a manner consistent with the town's land use and natural resource protection goals as presented in the Narragansett Comprehensive Plan. The PRD is to be used in special situations where development of pre-existing subdivision designs would cause:

• • (1) Unacceptable environmental impacts, including loss of valuable terrestrial or aquatic habitat, pollution of surface [water] or groundwater;

  • (2) Flooding and drainage impacts on adjacent neighborhoods;

  • (3) Unnecessary loss of green space;

  • (4) Design problems that would negatively affect the town's utility and transportation systems; or

  • (5) Otherwise interfere with the goals of Narragansett Comprehensive Plan.

The concept of the PRD is to allow for the transfer of development rights within the limits of the original plat, to form a residential cluster that affords maximum protection of wetlands and waterbodies and other areas unsuitable for development, while also allowing reasonable use of the areas suitable for development.

These provisions are designed to:

• • (a) Create living environments of high quality and sustainability.

  • (b) Conserve open space, natural habitats and environmental quality.

  • (c) Provide diversity in housing choices.

  • (d) Benefit traffic and pedestrian circulation.

  • (e) Provide improved community design.

  • (f) Make efficient use of town resources.

  • (g) Preserve and enhance the community character and architectural heritage of Narragansett.

In order to make such innovative development plans feasible, certain development incentives may be allowed at the discretion of the town Council and the Planning Board.

These incentives may include:

• • (a) Limited increases (no more than 20 percent in zoning density over that currently allowed in the zoning ordinance;

  • (b) Increase in building coverage on lots within the development;

  • (c) Reductions in dimensional setbacks;

  • (d) Reductions in roadway widths serving the development;

  • (e) Development increases (no more than 20 percent, right transfer from other properties, as applicable.

These incentives shall be given only upon careful review and acceptance of a thoroughly developed, unified plan for development of the property in conformity with the standards and procedures set forth below.

• (B) Development standards.

  • (a) Uses permitted. Applications for planned residence districts may be submitted for property located in R-10, R-10A, R-20, R-40 and R-80 zones and be comprised of single-family, duplex, or multifamily development, and accessory uses as permitted by the zoning ordinance.

  • (b) The property must have public water and public sewers, as allowed under the Town of Narragansett sewer policy. All utilities are to be underground, and provided at the sole expense of the developer.

  • (c) The road system within the development shall be provided at the developer's sole expense. Waivers may be granted from the town construction standards with the approval of the planning board and town engineering department.

  • (d) Zoning density of the development. The maximum increase in development density allowed under these provisions shall not exceed 20 percent of the figure obtained by an analysis of the number of grandfathered lots, and such lots that might be within the original plat that can be subdivided.

  • (e) All common infrastructural elements including roads, utilities, parks, recreation facilities and drainage facilities, whether publicly or privately owned, shall be constructed prior to the sale of the first dwelling unit or bonded via appropriate performance guarantee in accordance with Section VII of the Narragansett Subdivision and Land Development Regulations, 1995 as amended.

Notwithstanding the above, the permissible density shall be limited by the ability of the design to meet the lot area and other dimensional requirements for the housing within the area suitable for development as determined by the planning board.

The zoning density shall be determined by the following method:

• • (a) All substandard lots of record shall be combined according to section 8, substandard lots of record.

  • (b) Any lots which would be legally subdivisible per zoning and the Narragansett Subdivision Regulations as determined by the planning board may be added to the above number.

  • (c) Lots that are completely within the biological wetland edge as verified by the appropriate state agency having jurisdiction would be subtracted from the above total.

  • (d) Depending on whether the applicant chooses to include elements that are eligible for density incentives, the above sum would be adjusted in accordance with the density incentives listed below.

  • (e) The applicant then would have to present a plan to demonstrating that the potential density can be accommodated within the development envelope(s) including roads, greens, laneways, etc., according to the design guidelines and PRD dimensional requirements.

Density incentives. Density incentives may be granted according to the following criteria. The cumulative total of any combination of incentives shall be limited to 20 percent above base density.

• • (a) For up to ten percent scattered site affordable housing units (either for rental or homeownership for a 30-year period, the base density may be increased proportionately up to ten percent. The design and outward appearance of such units must be in harmony with the other units in the development.

  • (b) For use of multifamily structures to provide more efficient clustering, up to five percent increase may be allowed.

  • (c) For the use of two-bedroom dwelling units a maximum increase of up to ten percent may be allowed.

  • (d) Transfer of development rights from parcels outside the subject property. Development rights transfer from developable lots elsewhere in the Town of Narragansett located in coastal and freshwater wetlands overlay districts, coastal resource overlay districts, or areas within 200 feet of a "blue line stream" as identified by 1:24,000 series of the United States Geodetic Survey, and land within green belts as delineated in the Narragansett Comprehensive Plan may be proposed for inclusion in the density calculation. Development rights shall be secured by the town in the form of conservation easements as authorized under RIGL 34-39-1 through 5, or fee title transfer from the developer to the Town of Narragansett. To be accepted the developer must prove good title to the property and provide survey information acceptable to the town with the transfer. The inclusion of transferred development rights are authorized at the discretion of the planning board and town council are not as of right.

Dimensional incentives. In order to provide greater design flexibility, dimensional setback requirements may be adjusted up to 50 percent of the applicable multifamily or cluster dimensional setbacks presented in section 17.1 or 17.2 of the zoning ordinance. Such setback and lot coverage allowances shall be considered only as part of an overall site plan specially designed by registered architect and landscape architect, and shall apply only to development on the interior of the development. Such adjustments are authorized at the discretion of the planning board or town council as applicable, and are not as of right. Setbacks from the boundary or adjoining properties shall be no less than 40 feet for multifamily structures of more than four units, and for smaller buildings with fewer units shall be no less than the required rear setback of the adjoining property. Accessory structures may be placed directly on a property line provided they back up to similar structures on the adjacent lots within the development. Maximum building heights shall be 35 feet for principal structures and 25 feet for accessory structures.

• (C) Design guidelines. The Planned Residential District applicant shall employ registered design professionals, including landscape architects, engineers and architects and experts in other disciplines, as necessary, to arrive at a design that optimizes the sense of well-being and sense of place for the residents, maximizes the preservation of green space in the community development process, and minimizes the negative impacts of development on the surrounding neighborhoods, natural systems, and community character. The plan shall reflect, where applicable, community goals as embodied in the comprehensive plan. The planning board may require that the applicant escrow sufficient funds for the town to hire a design consultant to assist the planning board in evaluation [of] the design.

PRDs shall present a design concept that extends throughout the planned neighborhood, and shall reflect and interpret traditional New England architectural styles to create a favorable environment for modern living. The planning board may require that the applicant provide funds to hire a professional consultant (architect, landscape architect or other design professional) to evaluate the proposed design.

Some of the design elements for PRDs shall include:

• • (a) Buildings should be similar in materials to traditional village centers, and may include buildings with clapboard siding, cedar shingles, and fieldstone.

  • (b) At least two-thirds of the buildings should have gabled roofs with pitches between 8/12 and 12/12 , with the orientation of gable ends either parallel or perpendicular to the street line.

  • (c) Each house should front on a street or green with a pedestrian accessway.

  • (d) Porches or landscape features should mediate between the public and private elements of each house lot. Covered porches may be built within 15 feet of front lot line, with fencing or hedge, within ten feet of front lot line.

  • (e) Streets should be lined with tree plantings.

  • (f) Neighborhood residents should reserve attractive, useable space for common use. Greens may be combined with street rights-of-way to conserve space.

  • (g) Principal structures should have a minimum 1½ stories (24 and a maximum 35).

  • (h) Where proposed development areas abut adjacent properties an evergreen visual buffer shall be established.

  • (i) Multifamily dwellings shall resemble large single-family dwellings in architectural design.

  • (j) Sidewalks.

Street and utility design.

• • (a) Streets should be designed for pedestrian safety and residential security, bearing in mind that wide streets encourage speeding.

  • (b) While two access points to developments is desirable from an emergency response perspective, carefully designed emergency accesses need not create cut-through opportunities for regular vehicular traffic.

  • (c) Public sewers are required.

  • (d) Public water is required.

Conservation design.

• • (a) All coastal and freshwater wetlands shall be set aside in either common or public ownership.

  • (b) Where possible, space for pedestrian trails and views should be provided.

  • (c) Historic or cultural resources should be protected from destruction.

  • (d) Natural habitats should be protected from disturbance or over use; green space should be maintained per a specific conservation plan.

  • (e) Drainage facilities shall be designed and constructed to minimize increases in runoff and sedimentation and to mitigate pollution impacts.

  • (f) Only non-invasive tree and shrub varieties should be selected. Grass varieties that need a minimum of upkeep and watering should be selected for green areas.

  • (g) Fifty percent of total area of project shall be protected green space, inclusive of drainage ponds and swales and park space.

• (D) Procedure. The procedure for filing a PRD request shall be as follows:

  • (1) The applicant shall first schedule a pre-application conference with the town planning staff, which may also include the planning board.

  • (2) If the land that is the subject matter of the application is owned by one or more individuals or entities, then any and all applications submitted to the planning board and town council under this ordinance must be signed by all of the owners, and the owners must submit a signed statement indicating that they acknowledge that their land has been included in an application for consideration under this ordinance, that they authorize the inclusion of their land in the application, and they agree to be bound by any terms and conditions that may be imposed by the Town of Narragansett during the course of its review of the application.

  • (3) The applicant shall then file a request under this section and sections 20, 21 and 22 of the zoning ordinance to the town council for a hearing on an amendment to the zoning map to allow a planned residence district.

  • (4) The town council shall act on the request and may then set a date for a hearing on the petition, and refer the plans to the planning board for a recommendation. The planning board shall hear the proposal based on the informational requirements of the master plan stage of review according to the subdivision and land development regulations.

  • (5) Upon approval of the master plan by the planning board, the planning board shall refer the matter back with its recommendation to the town council for the zoning hearing.

  • (6) The town council shall then hear the zoning petition and act to grant conditional approval with or without modifications, or to deny the petition. Final approval of the petition shall be conditioned upon completion of preliminary and final review stages of the development plan by the planning board under the subdivision and land development regulations.

  • (7) Upon final approval by the planning board the zone change shall be scheduled for first and second readings by the town council.

  • (8) Amendments to an approved PRD:

    • a. Minor. The planning board shall be empowered to approve amendments to the site plan or building(s) design of a recorded PRD provided the request conforms to one or more of the following specifications:

      • 1. Additions not exceeding 12 percent of any single building footprint or six percent of said building's total floor area, whichever is less, provided no dimensional relief is necessary. In the case of condominiums, this standard shall apply only to the applicant's unit;

      • 2. Reduction in size/area of buildings;

      • 3. Changes in driveway/parking design that do not reduce compliance with zoning requirements and do not exceed allowable lot coverage;

      • 4. Landscaping/site amenities. Improvements that do not reduce perimeter buffering or violate any specific requirement or condition on record with the town.

    • b. Major. Significant site design or building revisions that do not meet one or more of the criteria in subsection a above, shall require approval by the town council subsequent to public hearing.

    • c. Procedure. Minor amendments shall be reviewed as final plan amendments before the planning board without the necessity of a public hearing. Major amendments shall require a public hearing before the town council and subsequent final plan review by the planning board.

    • d. Recording. Any and all revisions approved as minor or major amendments to a recorded PRD shall be recorded in the town land evidence records following the appropriate approval process. Said amendments may take the form of maps, graphics, or text.

• (E) PRD dimensional guidelines.

  Front yard	Setbacks (feet)
  Front yard	17
  With covered porch	17
  Porch with screening	12
  Front loading garage	29

 

 

 

 

 

Minimum lot size for detached single-family dwelling: 5,000 square feet

Minimum lot area per unit for multifamily dwelling or duplex: 3,500 square feet

(Ch. 830, § 1, 2-18-2003; Ch. 894, § 4, 11-05-2007; Ch. 897, § 1, 5-5-2008; Ch. 1118, § 6, 12-18-2023)

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Editor's note— Ch. 917, § 1, adopted July 20, 2009 deleted the former Section 5, §§ 5.1—5.5, and enacted a new section 5 as set out herein. The former Section 5 pertained to historic districts and derived from the original zoning ordinance adopted by chapter 731 on June 20, 1994.

Cross reference— Historic preservation, ch. 30.

This chapter is adopted in accordance with Title 45-24.1 of the General Laws of Rhode Island, as amended (1988 amendment), which:

• • (a) Declares the preservation of structures of historic or architectural value to be a public purpose;

  • (b) Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city and town;

  • (c) Provides for definitions of terms used in historical area zoning; and

  • (d) Establishes a uniform procedure regarding historical area zoning.

(Ch. 917, § 1, 7-20-2009)

The preservation of structures of historic and architectural value is a public purpose. This ordinance establishes historic districts and an historic district commission in the Town of Narragansett in order to regulate the construction, alteration, rehabilitation, repair, moving, and demolition of such structures. The purpose of the ordinance is to safeguard the heritage of the town by preserving districts and structures which reflect elements of the town's cultural, social, economic, political and architectural history; to foster civic beauty; to stabilize and improve property values in such historic districts; to strengthen the local economy; to promote the use of such historic districts for the education, pleasure and welfare of the citizens of the town; and to provide, where feasible, housing, including but not limited to limited equity cooperative housing, and other housing for low and/or moderate income residents.

(Ch. 917, § 1, 7-20-2009)

The following terms shall have the following respective meanings in relation to this section:

Alteration. Any "alteration" as defined in section 2.2 that changes one or more of the exterior architectural features or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance.

Appurtenances. Features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.

Certificate of appropriateness. A certificate issued by the Narragansett Historic District Commission indicating approval of plans for alteration, construction, repair, removal, or demolition of a contributing structure (or its appurtenances) within an historic district. "Appropriate," for the purpose of passing upon an application for a certificate of appropriateness, means not incongruous with those aspects of the contributing structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.

Construction. The act of adding to an existing structure, or erecting a new principal or accessory structure (and appurtenances to a structure), including but not limited to buildings, extensions, outbuildings, fire escapes, and retaining walls.

Contributing structure. Any structure (and its appurtenances) originally constructed or erected prior to January 1, 1950 and located within a town-designated historic district.

Demolition. An act or process that destroys a structure or its appurtenances in part or in whole.

Historic district. A specific division as designated by ordinance of the Town of Narragansett pursuant to this chapter. An historic district may include one or more structures and their appurtenances. An historic district, as established hereunder, shall be regulated as an overlay zone, pursuant to section 5.5 of this chapter. Properties designated "voluntary" on any local historic district map shall not be regulated under section 5.

Limited new installation. A project to install/replace a single or small area of a character-defining element, of in-kind design and materials, that is either remotely located or so small in area as to be imperceptible from the primary street view.

Non-contributing structure. Any structure (or its appurtenances) originally constructed or erected on or after January 1, 1950, and located within a town-designated historic district.

Recommendation of compatibility. A recommendation by the Narragansett Historic District Commission with respect to plans for alteration, construction, repair, removal or replacement of any structure other than a contributing structure, as defined herein, including appurtenances of such structure located within a designated historic district. A recommendation shall specifically state those ways in which the plans are or may be made more compatible with any aspects of the surrounding district which the commission has determined to be historically and/or architecturally significant.

Removal. The relocation of a structure (or its appurtenances) on its site, or to another site.

Repair. A change meant to remedy damage or deterioration of a structure or its appurtenances.

Structure. Any "structure" as defined in section 2.2 which requires permanent or temporary location on or in the ground, including but not limited to residential and nonresidential buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 1, 2-21-2023)

• (a) Created; membership. An historic district commission, herein referred to as called "the commission," (or HDC) is hereby created.

  • (1) The commission shall consist of seven qualified members who reside in the Town of Narragansett. The members shall be appointed by the president of the town council. Each member shall serve for three years with the exception of the initial appointments which shall consist of three members appointed for a one-year initial term, two members appointed for a two-year term, and two members appointed for a three-year term. Members shall be eligible for reappointment.

  • (2) To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definition of 'Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto;

  • (3) The town council president shall be authorized to name an additional member to serve as an alternate to the commission. This alternate shall sit as an active member upon the request of the chairman of the commission when and if a regular member of the commission is unable to serve at any meeting of the commission.

  • (4) If a vacancy occurs on the commission, the town council president shall appoint a new member for the remainder of the unexpired term. Said appointment shall be made within 90 days of report of the vacancy. The town council president may, but shall not be required to, select members of the commission from lists of qualified citizens submitted for his or her consideration by duly organized historic or preservation societies.

• (b) Organization and procedure.

  • (1) Officers. The commission shall organize at its first meeting in each calendar year by electing from its members a chairman, vice-chairman, and secretary. All votes for elected officers shall require concurrence by a majority of the membership.

    • a. The chairman shall preside over all commission meetings and shall have the right to vote. The chairman shall decide all points of order, shall appoint subcommittees as necessary, and shall draft each meeting agenda with the community development director.

    • b. The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.

    • c. The secretary shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view at the office of the town clerk.

  • (2) Administration.

    • a. Community development director shall at the direction of the town manager supply administrative support for the historic district commission's day-to-day operations, and may assist the secretary as needed. The CDD is not eligible to vote on any matter heard before the commission at a regular or special meeting. Duties of the CDD shall include but are not limited to the following:

      • 1. Keep all files of applications for certificate of appropriateness and recommendation of compatibility, keep all other files of the HDC not required to be filed with the town clerk, to make available all public information, and provide assistance to members of the public.

      • 2. Act as liaison between the HDC and all other agencies, departments and organizations to which it must relate in the conduct of its affairs.

      • 3. Consult with applicants and property owners regarding the procedures, rules and regulations, and standards and guidelines, preservation issues, and other pertinent information; and attend HDC meetings.

      • 4. Assist in development and implementation of a standards and guidelines handbook for the historic district commission.

      • 5. At the direction of the town manager, perform such duties and assume such other responsibilities as may become necessary.

  • (3) Meetings. All meetings of the historic district commission shall be open to the public and any person or his/her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.

  • (4) Records. The commission shall keep a record, which shall be open to public inspection of its resolutions, proceedings, and actions.

  • (5) Votes. The concurring vote of four members shall be necessary to approve any motion.

  • (6) Quorum. Five members shall constitute a quorum for meetings at which one or more applications for certificate of appropriateness are heard and/or recommendation of compatibility are scheduled for review and/or decision. For all other meetings, four shall constitute a quorum.

  • (7) Schedule. The HDC shall meet at minimum once each month and shall post its annual schedule of meetings for the coming year by the last day of December in the current year.

  • (8) Notice. Notice of HDC meetings shall be posted in accordance with the Open Meetings Act: R.I.G.L. 42-46.

  • (9) Legal counsel. The town solicitor's office shall assist in all legal matters before the HDC.

  • (10) Conflicts of interest. All commission members shall be subject to the state code of ethics.

  • (11) Attendance. If any member fails to attend three consecutive regular meetings of the HDC or 25 percent of all regular meetings during the course of a year, and fails to provide satisfactory excuse for such absences, then the chairman with the majority consensus of the commission, may request that the town council declare the position vacant, and ask the town council act to fill the position.

• (c) Powers and duties. The commission shall have the following powers and duties:

  • (1) To review select plans for construction, alteration, repair, removal or demolition of structures and appurtenances in an historic district affecting the exterior appearance of any structure;

  • (2) To approve or disapprove such plans, and to issue a certificate of appropriateness and/or recommendation of compatibility;

    • a. To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definitions of "Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto.

  • (3) To consult experts to assist its deliberations;

  • (4) To make recommendations to the town council with respect to the establishment, delineation, or alteration of historic districts;

  • (5) To assist the town, its agencies, boards, commissions and staff on matters of historic preservation, and to provide expertise and advise as appropriate;

  • (6) To submit an annual report of its activities to the town council.

  • (7) The commission shall within 12 months of the date of the local historic district zoning ordinance takes effect:

    • a. Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article;

    • b. Adopt and publish standards of review (which shall use as a guide the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended), within six months following the adoption of this section to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments; and

    • c. Submit rules, procedures and standards, as well as any additions and amendments thereto, to the town council for its approval and shall, thereon, become part of this section.

  • (8) The commission shall act consistently with the authority granted to it under state law as well as within this ordinance.

  • (9) all decisions made by the commission shall be based on the criteria and standards set forth in this ordinance and in the town-approved standards and guidelines

(Ch. 917, § 1, 7-20-2009; Ch. 1105, §§ 2, 3, 2-21-2023)

Cross reference— Boards, commissions and committees, § 2-71 et seq.

The following districts are established as local historic districts: Central Street Historic District, Towers Historic District, Earles Court Historic District, Ocean Road Historic District, Sunset Farm Historic District, Narragansett Avenue Historic District and the Camp Historic District.

Maps 5A through 5G depict the perimeter boundaries of said districts. Said maps are hereby incorporated as a part of this section and shall be filed with the town clerk.

• • (1) It is the intent of this section that historic property owned by the Town of Narragansett within the boundaries of designated historic districts as shown on the "Historic District Map" shall not be exempt from the provisions of this section, with the exception that the "camp" be designated as a hybrid "regulated/voluntary " district, in which the regulatory provisions of this section are limited in application to the four designated structures onsite as of May 1, 2023 and their immediate environs as depicted on Map 5G. Any alterations proposed for the remainder of the site shall be addressed under the "voluntary" provisions of section 5.

Map 5A: Central Street Historic District, Adopted July 20, 2009, Amended/Adopted March 19, 2018.

Map 5B: The Towers Historic District, Adopted July 20, 2009.

Map 5C: Earles Court Historic District, Adopted July 20, 2009.

Map 5D: Ocean Road Historic District, Adopted July 20, 2009.

Map 5E: Sunset Farm Historic District, Adopted November 5, 2012.

Map 5F: Narragansett Avenue Historic District, Adopted March 19, 2018.

Map 5G: Camp Historic District, Adopted September 6, 2023.

(Ch. 917, § 1, 7-20-2009; Ch. 972, §§ 1, 2, 11-5-2012; Ch. 1049, § 1, 3-19-2018; Ch. 1105, § 4, 2-21-2023; Ch. 1111, §§ 1—3, 9-5-2023)

The following regulations shall serve in addition to the use restrictions in zones underlying a historic district:

• • (a) Restrictions. The following activities are prohibited within any locally designated historic district described herein or shown on official historic district maps, unless approved by the historic district commission or the administrative officer as authorized elsewhere herein:

    • (1) Erecting any new primary or accessory structure;

    • (2) Altering, repairing, restoring, moving, or demolishing any existing structure (or appurtenance), or any exterior activity requiring a building permit;

    • (3) Erecting or displaying any appurtenant fixtures, including lights, generators, HVAC units, signs, fences, and walls.

  • (b) Application. Before undertaking any construction, alteration, rehabilitation, repair, moving, or demolition activity affecting the exterior of any structure, any appurtenances, or other fixtures in any designated historic district in the Town of Narragansett, the party proposing such activity must file an application for and receive a certificate of appropriateness or recommendation of compatibility with the town historic district commission. The application shall contain the following materials and information except where deemed unnecessary and waived by the historic district commission or community development director:

    • (1) Complete plans of the proposed activity insofar as they relate to the exterior appearance of the structure and to any appurtenant fixtures;

    • (2) Elevation drawings of the exterior of all affected sides of the structure;

    • (3) Complete specifications relating to proposed exterior design, arrangement, textures, and materials;

    • (4) Any other information necessary to enable the commission to understand the proposed alteration, to visualize its effect on the exterior of the structure (and its appurtenances), and to evaluate its impact on adjacent buildings and the architectural fabric of the district.

  • (c) Structures valuable to the town. Every contributing structure in an historic district represents a structure valuable to the town. In the case of an application for repair or alteration affecting the exterior appearance of such a structure (or appurtenances) or for the moving or demolition of a structure (or appurtenances) which the commission deems so valuable that the loss thereof will be a great loss to the town, state, or nation, the commission shall work with the owner to create an economically feasible plan for the preservation of such structure (and appurtenances). The commission shall reject the application unless it makes written findings that the retention of such structure constitutes a hazard to public safety which cannot be eliminated by economic means available to the owner (including the sale of the structure to any purchaser willing to preserve the structure) or that the proposed construction, alteration and repair will not materially impair the historic value of the structure. In the absence of a change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.

  • (d) Structures valuable for the period. In the case of an application for repair, alteration, demolition or moving of any structure (or appurtenance) deemed to be valuable for the period of architecture it represents and/or important to the neighborhood within which it exists, the commission may approve the application if it makes written findings that:

    • (1) The retention of the structure constitutes a hazard to public safety which cannot be eliminated by economic means available to the owner; or

    • (2) The proposed activity will not, in the opinion of the commission, materially impair the historic value of the structure; or

    • (3) The retention of the structure would deter a major improvement program of substantial benefit to the community; or

    • (4) The retention of the structure (or appurtenance) would cause undue and unreasonable financial hardship to the owner, taking into account the financial resources available to the owner (including the sale of the structure to any purchaser willing to preserve the structure); or

    • (5) The retention of the structure would not be in the interest of a majority of the community.

For structures valuable for the period, in the absence of change in such contributing structure arising from casualty or act of nature (such as fire), no new application for the same or similar work shall be filed within one year after rejection of any application. Demolition by neglect shall not be considered an act of nature or casualty.

• • (e) Demolition. The demolition of structures and appurtenances of historic or architectural value, including demolition by neglect, will effect a major loss to the town and the neighborhood and should be avoided. The commission shall not approve a request for demolition unless all reasonable options have been exhausted, and no possible compromise is reached. When considering an application to demolish or remove a contributing structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission shall also consider whether there is reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure, and whether the owner has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

    • (1) The commission may, at its sole discretion, permit the moving of a valuable structure (or appurtenance) as an alternative to demolition.

    • (2) A certificate of appropriateness for the demolition of a structure, unless granted in the interests of public safety or to further a major community improvement program, shall not be effective for two months after the date of issuance. The commission shall use this two-month period to try to alleviate the undue hardship on the owner or to cause the structure to be sold to another owner willing to retain or to move it.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 5, 2-21-2023)

• (a) A certificate of appropriateness or recommendation of compatibility is required for construction, alteration, repair, removal or demolition of a structure within a locally designated historic district. The building official may not issue a permit until the commission has issued a certificate of appropriateness or recommendation of compatibility; however, compliance with the recommendation of compatibility shall not be a requirement for issuance of a building permit.

• (b) Applications for certificate of appropriateness or recommendation of compatibility shall be filed with the commission at the office of community development, which shall determine if such application is complete and shall forward complete applications as necessary, with all maps, plans, and other data, to the commission.

  • (1) Waiver. If the community development staff determines that any plans or supportive information which may be required under specific submittal procedures and/or checklist(s) is superfluous, unnecessary or inappropriate, or that providing said information would cause undue hardship, it may recommend the commission waive the required provision of the unnecessary or burdensome information, except if such waiver would adversely affect the public health, safety or general welfare, or would nullify the intent and purposes of this section or ordinance.

  • (2) Electronic permitting. Where an application is received for construction, repair, replacement or removal of a structure through the town's electronic permitting platform and is determined by the director of community development that the scope of work is sufficiently limited to be allowed via administrative approval as authorized by subsection (c)(1) below, then no formal application shall be required. Further, the director shall be authorized to approve said application without the necessity of printing a certificate of appropriateness or recommendation of compatibility.

• (c) Categories of application. There shall be two categories of application for certificates of appropriateness and recommendations of compatibility.

  • (1) Administrative review. The community development director or his/her representative serving as administrative officer shall be authorized to approve via the town's e-permit platform or issue certificates of appropriateness and recommendations of compatibility for simple repairs, in-kind repairs or replacements and other minor exterior work, including but not limited to:

    • a. Roof repair or replacement in-kind;

    • b. Limited new installation of siding, trim or detail , or replacement or repair in-kind*;

    • c. Limited new installation of gutter or replacement or repair in-kind*;

    • d. Limited new installation, refurbishment (but not replacement) of existing windows or doors*

    • e. Limited new installation or minor repairs to existing stonework or masonry*;

    • f. Repairs to existing awnings, exterior mechanical, electrical, heating and cooling systems or signs, or in-kind replacement thereof;

      • (1) Installation of ancillary systems to the site such as in-ground sprinklers, HVAC units, generators, lighting and other facilities not directly attached to the primary structure which are visually buffered and are not located in the front yard.

    • g. Repairs to existing fencing, or in-kind replacement thereof; also installation of new fencing where its view is limited due to height, design or distance from adjacent street frontage.

    • h. Removal of asbestos, asphalt or other artificial siding when original siding is to be repaired or re-established;

    • i. Repaving, replacement, or resurfacing in kind of existing driveways or parking areas;

      • (1) Replacement, or resurfacing in kind of existing paths, patios or walkways.

    • j. Subsequent phases of a multi-phased project where COA for the first phase of the project has been rendered including specifications for materials and methods to be used in completion of the project;

      • (1) Modifications to approved COA—If the administrative officer determines the modification is so minor as to have negligible effect on the structure's design and/or character-defining features, then he/she shall be authorized to approve said modification by administrative review*.

    • k. Installation and/or minor alterations to ancillary non-contributing structures where the main structure on the property is a contributing structure; and

    • l. Other minor work or alterations that would not be detrimental to the historic character of the primary structure, accessory structure or site landscaping.*

    • m. Placement of temporary structures onsite or prefabricated permanent structures of less than 144 square feet in area located in an inconspicuous area of a side or rear yard*.

* For these actions the community development director shall not issue an approval until after conferring with the chair of the historic district commission on the appropriate action and if no agreement is made, then the application shall be forwarded to the commission for a formal hearing.

• • (2) Historic district commission review. The commission shall be authorized to issue certificates of appropriateness and recommendations of compatibility for all other exterior construction or alteration which cannot be administratively approved by the staff pursuant to subsection (c)(1) above, including but not limited to:

    • a. Roof replacement or alteration not in-kind;

    • b. Siding, trim or detail replacement or alteration not in-kind;

    • c. Gutter replacement or alteration not in-kind;

    • d. Replacement or alteration of all or any significant part of a window or door, or opening therefor;

    • e. Significant repairs to, or alterations or extensions of, stonework or masonry;

    • f. Installation, alteration or replacement not in-kind of awnings, mechanical systems or signs;

    • g. Installation, alteration or replacement not in-kind of fences, walls or other barriers or fixtures;

    • h. Installation or non in-kind repaving or resurfacing of existing paths, patios and driveways;

    • i. Other exterior alterations of existing structures, or replacements thereof;

    • j. Construction of additions, new buildings or accessory structures;

    • k. Demolition or similar removal of all or any part of any building or structure; and

    • l. Significant modification of landscaping, or any landscape modification affecting specimen trees or other flora.

Recommendations of compatibility for work affecting over 50 percent of a non-contributing structure's exterior facade shall be issued only by the HDC.

• (d) Incomplete applications shall be returned to the applicant within ten working days of notice by the community development staff if the applicant has not responded or provided a timeline to submit necessary documents to complete the application.

• (e) Commission review. When required, the historic district commission shall convene a hearing to review the application, giving consideration to the following:

  • (1) The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

  • (2) The relationship of the exterior architectural features of such structure which are to be affected to the rest of the structure and to the surrounding area;

  • (3) The appropriateness and compatibility of exterior design, arrangement, texture, siting and materials proposed to be used; and

The commission shall confine their review of an application solely to exterior features of a structure. The commission shall neither consider interior arrangements, nor shall it disapprove applications except in regard to the considerations set forth above. It is not the intent of this ordinance to limit new construction, alteration, or repairs to any one period of architectural style. Furthermore, it is not the intent of this ordinance to impart additional historical architectural components unoriginal to structures within the districts; decorative and architectural additions to structures (particularly to non-contributing structures) are voluntary.

(Ch. 917, § 1, 7-20-2009;Ord. No. 1011, §§ 1, 2, 6-15-2015; Ch. 1105, §§ 6—8, 2-21-2023)

• (a) Public hearings and meetings. All meetings of the historic district commission shall be open to the public and any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision. The commission shall comply in all respects with the R.I. Open Meetings Law. Notice of HDC meetings at which an application for a certificate of appropriateness is being considered shall appear in a newspaper with general community circulation at least six days, but no more than 14 days prior to such meetings. The fee for advertising shall be borne by the applicant and shall be paid at the time of application submittal. Notice of any other commission meeting shall be prominently posted in at least three locations within town hall, for a period of at least ten days prior to and including the meeting date. A written record of all commission resolutions, proceedings, and findings of fact, decisions and actions shall be on file for public view at the town planning office.

• (b) Decisions.

  • (1) All decisions and recommendations of the historic district commission shall be in writing. Approvals shall be for a period of one year, in which time the applicant shall request and receive a building permit. The commission shall articulate and explain the reasons and bases of each decision and recommendation on a record. In the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision or recommendation to the applicant.

  • (2) Written approval by administrative review may take the form of a letter or memorandum signed by the community development director. Any condition of said approval shall be articulated therein.

  • (3) Extensions of time/renewals—The applicant may receive a one year extension of time to complete the approved alterations, repairs additions etc., from the administrative officer by written or verbal request. Further extensions of time shall require a written request and action by the HDC. Renewal of an expired certificate of appropriateness or recommendation of compatibility may be issued only upon written request and action by the full commission, unless received within 30 days of expiration, during which time the administrative officer shall be empowered to issued said renewal.

• (c) Effect of commission decision. The historic district commission and/or the community development director shall file a certificate of appropriateness, recommendation of compatibility, or rejection of all plans submitted for review with the building official. The building official may not issue a building permit for any work unless the commission or community development director has approved the plans.

• (d) Time limits. The commission must act on an application within 45 days of the date the application is deemed complete, unless the applicant and commission mutually agree to an extension, or the commission makes a finding of fact that the circumstances of a particular application necessitate a review period of up to 90 days. The failure of the commission to act on an application within the specified period of time shall constitute approval of the plans.

• (e) Appeals. Any person, or persons jointly or severally, aggrieved by a decision of the HDC has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in R.I.G.L. 45-24-69 and from the superior court to the supreme court by writ of certiorari.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 9, 2-21-2023)

Nothing in this ordinance shall be construed to prevent ordinary maintenance or repair of any structure within a historic district (provided that any maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances); nor shall anything in this ordinance be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the town building inspector prior to the passage of this ordinance.

(Ch. 917, § 1, 7-20-2009)

The building official, through the town solicitor, may bring an action against any property owner who fails to comply with the requirements of this article. Such actions shall be brought in the superior court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this section.

(Ch. 917, § 1, 7-20-2009)

The following Table of Use Regulations lists the use regulations for land and structures in each zone, subject to all other provisions of this ordinance. The following symbols indicate the status of each use:

 

 

Note 1: Prohibited in all use designations in the UR Zone and Galilee Zones

(Ch. 802, § 1(6.1), 1-16-2001; Ch. 811(1), § 1(6.3), 3-4-2002; Ch. 839, § 1, 7-21-2003; Ch. 873, § 1, 2-27-2006; Ch. 921, § 2, 8-17-2009; Ch. 954, § 2, 1-17-2012; Ord. No. 995, § 1, 2-18-2014; Ch. 1016, § 4, 5-2-2016; Ch. 1060, § 1, 2-19-2019; Ch. 1067, § 1, 7-15-2019; Ch. 1110, § 2, 8-21-2023; Ch. 1117, § 4, 12-18-2023; Ch. 1124, § 1, 5-20-2024; Ch. 1133, § 2, 10-7-2024; Ch. 1137, § 2, 6-16-2025)

Notwithstanding any other provision of this section, the following uses shall be permitted uses within all residential zoning use districts within the Town of Narragansett and all industrial and commercial zoning use districts except where residential use is prohibited for public health and safety reasons:

• • (1) Households;

  • (2) Community residences;

  • (3) Family day care homes.

Any use not permitted by this ordinance shall be deemed to be prohibited. However, any list of prohibited uses contained in any section of this ordinance shall be deemed to be illustrative only, not exhaustive.

Any use which is noxious or offensive by reason of the commission of odor, dust, noise, smoke, heat, vibration, gas, fumes, or radiation, or which presents a hazard to the public health and safety, shall be prohibited.

(Ch. 1117, § 5, 12-18-2023)

Editor's note— Ch. 1117, § 5, adopted December 18, 2023, relocated table 6.1 Table of Use Regulations to § 6.1. The user's attention is directed to § 6.1 and the Code Comparative Table for a complete historical derivation regarding this section § 6.3.

• (a) The following Table of Dimensional Regulations lists the height of buildings, the size and dimension of yards, and the area and coverage of lots permitted in each zone. The dimensional requirements listed are subject to all other provisions of this ordinance, and shall be deemed to be the minimal requirements.

TABLE OF DIMENSIONAL REGULATIONS

 

* Maximum main structure heights for buildings in all residential zones shall not exceed 26 feet if the roof pitch is less than 4:12.

+ That all structures located in the special flood hazard areas described in section 4.7 of this ordinance, utilizing either a FEMA Base Flood Elevation (BFE), or the CRMC STORMTOOLS Design Elevation (SDE), shall have a height limitation as detailed below, For any structure designed with a BFE or SDE, the requirements as they apply to the assigned flood zone shall be adhered to.

 

**A maximum of 1.0 story of living area

For structures designed with a pitch of less than 4:12, the height limitation is in parenthesis ().

# That all accessory structures located in the Special Flood Hazard Areas described in Section 4.7 of this ordinance, utilizing either a Base Flood Elevation (BFE), or the STORMTOOLS Design Elevation (SDE), shall have a height limitation as detailed below. For any structure designed with a BFE or SDE, the requirements as they apply to the assigned Flood Zone shall be adhered to.

 

*** For detached accessory structures that have a height to the BFE/SDE from the average grade at the front of the foundation higher than 9 feet, no internal living area shall be allowed within the structure. Proposed structures shall be built in compliance with all local, state and federal regulations and shall only be used for storage, building access, or vehicle parking areas.

 

A commercial structure shall be set back at least 47 feet from any boundary of a residential zone. An industrial structure shall be set back at least 47 feet from any boundary of a B-B or B-C zone, and at least 100 feet from any boundary of a residential, public use, or B-A zone.

*Except in high water table limitations overlay district.

**Dimensional regulations shall meet the requirements of the Narragansett urban renewal project RI-24, as amended.

***Subject to conditions:

• • a. That the 40 foot height limit be restricted to parcels of 20,000 square feet or more in area if sewered, or 25,000 square feet or more if not sewered.

  • b. That the roof of an inn exceeding 35 feet in height comply with one of the following:

    • 1. Have a minimum slope of 6:12 for typical gable or hip roofs; or

    • 2. Have a minimum slope of 2:12 for the cap section of gambrel or mansard roof from the deckline to the ridge.

  • c. That any such roof may contain up to 30 percent flat roof provided such roof be adequately screened from view. The determination of screening adequacy shall rest with the planning board.

+ That all structures located in the special flood hazard areas described in section 4.7 of this ordinance, utilizing either a FEMA Base Flood Elevation (BFE), or the CRMC STORMTOOLS Design Elevation (SDE), shall have a height limitation as detailed below, For any structure designed with a BFE or SDE, the requirements as they apply to the assigned flood zone shall be adhered to.

 

**A maximum of 1.0 story.

For structures designed with a pitch of less than 4:12, the height limitation is in parenthesis ().

• (b) Any lot, or recorded land condominium unit used for residential purposes that is less than or equal to 23,000 square feet of gross lot area, as defined herein, (and not located in Breakwater Village), shall be subject to the FAR regulations set forth in subsections 1—5 below. In addition, these lots shall utilize net lot area for lot coverage calculation purposes. A special use permit may be requested through the zoning board for homes exceeding four bedrooms through provisions of section 12.23 of this ordinance.

  • (1) Purpose: The purpose of the floor area ratio requirement is to limit the impacts of the use that results from excessive building size or massing. The FAR threshold is intended to promote a graceful transition within neighborhoods containing standard and substandard lots that are experiencing development. The FAR threshold supports infill development that is compatible and complimentary to existing neighborhoods by establishing special development standards in subsection (5) below.

  • 2. Floor area ratio applicability: Floor area ratio shall apply to all principle and accessory residential structures on lots under 23,000 square feet in gross area in all zoning districts in the Town of Narragansett. All properties regulated by floor area ratio shall conform to the permitted floor area ratio in addition to meeting all of the dimensional regulations elsewhere required in the zoning ordinance.

  • (3) Maximum floor area: The maximum floor area on a lot or parcel shall be the greatest of the following:

    • a. The floor area to be calculated using the following matrix located in subsection (5) below;

    • b. The floor area approved prior to June 21, 2021 as part of a valid existing approved planned residential development or site review.

  • (4) Calculating maximum floor area. The maximum floor area shall be calculated based on all residential buildings on a lot, according to the criteria set forth in the definition of floor area ratio in section 2.2 of the zoning ordinance and the standards provided in the following matrix.

  • (5) Floor area ratio matrix:

    Tier	Net Lot Area		FAR	Maximum Hardscape
    	Min	Max
    1	0	2,000	0.48	61%
    2	2,001	3,000	0.43	52%
    3	3,001	4,000	0.39	43%
    4	4,001	5,000	0.35	43%
    5	5,001	6,000	0.30	35%
    6	6,001	7,000	0.30	35%
    7	7,001	8,000	0.29	30%
    8	8,001	9,000	0.28	30%
    9	9,001	10,000	0.27	30%
    10	10,001	11,000	0.26	30%
    11	11,001	12,000	0.25	30%
    12	12,001	13,000	0.25	30%
    13	13,001	14,000	0.24	30%
    14	14,001	15,000	0.24	26%
    15	15,001	16,000	0.23	26%
    16	16,001	17,000	0.23	26%
    17	17,001	18,000	0.23	26%
    18	18,001	19,000	0.22	26%
    19	19,001	20,000	0.22	26%

 

^* In no instance shall the calculated gross floor area of structure in any tier be required to be less than the maximum allowance for the tier above it.

(Ch. 789, § 3, 9-20-1999; Ch. 811(1), § 1(6.4), 3-4-2002; Ch. 954, § 2, 1-17-2012; Ch. 1016, § 5, 5-2-2016; Ch. 1061, §§ 4—7, 2-19-2019; Ch. 1064, §§ 1, 2, 5-20-2019; Ch. 1072, § 4—6, 1-6-2020; Ch. 1087, § 2, 6-21-2021; Ch. 1100, § 2, 10-17-2022; Ch. 1118, §§ 7—9, 12-18-2023; Ch. 1124, § 2, 5-20-2024)

A substandard lot of record is not required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

• • a. Minimum building setbacks, lot frontage and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located.

  • b. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located.

(Ch. 811(1), § 1(6.5), 3-4-2002; Ch. 1117, § 6, 12-18-2023; Ch. 1137, § 2, 6-16-2025)

• (a) The uses, controls, and restrictions contained in the official redevelopment plan Rhode Island General Laws R-24 as adopted by the town council on November 25, 1969, and as amended by the town council on June 28, 1972, on September 19, 1973, on March 21, 1983, on April 4, 1983, on July 18, 1983, on June 18, 1984, and on March 18, 1985, shall be deemed to be the zoning requirements for said urban renewal zone.

• (b) Notwithstanding any other provisions to the contrary contained in this zoning ordinance or any other ordinance of the Town of Narragansett, the town council shall continue to exercise all of the rights, responsibilities, approvals, and authority granted to it or its predecessor-in-interest, the Narragansett Redevelopment Authority, as it relates to all of the uses, controls, restrictions, and approvals required or set forth in the redevelopment plan. This shall include, but not be limited to, the right of the town council to review and approve all changes to any previously approved plan, site plan, construction or other work done within the urban renewal zone and to also review and approve all new construction, projects, site plan changes or any other work proposed within the urban renewal zone.

• (c) All applications submitted to the town council for review and approval pursuant to either subsection 7.1(b) or any other provision of the redevelopment plan referenced in subsection 7.1(a) shall be referred to the planning board for their review and recommendation to the town council.

(Ch. 926, § 1, 11-16-2009)

• (a) Mobile homes or trailers shall not be used as dwellings except in existing authorized trailer or mobile home parks or pursuant to subsection 7.2(b) below. No new mobile home parks shall be constructed, and no existing mobile home parks shall be expanded within the town. Parking and storage of mobile homes and trailers which are not in use must comply with the provisions of section 7.13 of this ordinance.

• (b) Notwithstanding the provisions of this section and section 6.1 zoning Use Code 08 to the contrary, the owner of a single-family dwelling which has been declared uninhabitable due to circumstances beyond the owner's control, may, for a period not to exceed 120 days, have on the premises for the purposes of a dwelling, a single mobile home. At the expiration of the 120-day period, or upon the completion of the repair and/or reconstruction of the dwelling if this occurs prior to 120 days, the mobile home shall be removed. No certificate of occupancy shall be issued for the repaired and/or reconstructed dwelling unit until such time as the mobile home has been removed from the property.

For purposes of this section, accessory use shall be as previously defined in this ordinance (section 2). Accessory structures shall include but not be limited to unlighted tennis and paddle-tennis courts, skateboard ramps, swimming pools, garages for passenger or commercial vehicles, greenhouses, playhouses, garden houses, toolhouses, stables, barns, solar energy collectors, studios, sheds, and portable temporary storage units. Mailboxes, swing sets, dog houses, flag poles and minor ornamental improvements shall not be subject to these regulations.

• • (1) Restrictions. Accessory buildings and structures may be permitted in all zones. The combined coverage of all principal and accessory buildings and structures located on a lot shall not exceed the applicable maximum building coverage requirements prescribed in the Table of Dimensional Regulations in section 6.4 (or section 6.5 for legal substandard lots of record) of this ordinance.

Accessory buildings and structures not greater than 144 square feet in floor area and not more than 11 feet in height, measured from the average natural grade at the base to the highest point of the building or structure, shall be set back as distance at least equal to one third of the side yard and rear yard dimensions specified in the Table of Dimensional Regulations in section 6.4 of this ordinance. Such accessory buildings and structures shall comply with the front yard setbacks specified herein.

An accessory building or structure greater than 144 square feet in ground floor area or greater than 11 feet in height shall comply with the required front, rear, and side yard dimensions specified in the Table of Dimensional Regulations, and shall be limited in height to a maximum of 15.5 feet measured from the average natural grade at the base to the highest point of the building or structure.

An accessory building or structure over 1,500 square feet in ground floor area or greater than 15.5 feet in height shall constitute a special permit use and shall require site plan review and approval in accordance with the provisions of section 18 of this ordinance.

Accessory buildings and structures of up to 80 square feet in floor area proposed for location on sites with non-conforming primary uses shall be exempt from the public hearing requirement of section 11.3, provided no dimensional relief from setbacks or coverage is required.

Portable temporary storage units. For properties located in residence zones, PTSU's shall be allowed by permit, subject to appropriate time limitation not to exceed one year per judgment of the building official. A fee of no less than $50.00 per month shall be paid to the town following 60 days grace period from the date the permit is issued by the building official. There shall be allowed no more than one PTSU per dwelling unit. The maximum size of a PTSU for use on a residential site shall not exceed eight feet wide, 20 feet long and eight feet high. The location of any PTSU shall meet the required setbacks within the zone. This requirement is reduced as described below for PTSU's of less than 144 square feet. Where practical, PTSU's shall be located within driveways, but not obstructing any required parking spaces, fire lanes, loading zones or rights-of-way. If, due to the particular site conditions of the property it is impractical to meet the set back requirements of this ordinance, then the property owner may request relief from the set back requirements as a staff review under section 16.1 of the zoning ordinance.

Notwithstanding the above allowances, the right to place a PTSU on any property shall not violate or modify any limits or restrictions already existing due to an approved site plan from the zoning board of review or due to a zoning board of review decision.

Non-permitted units shall be assessed an immediate $200.00 penalty upon issuance of a violation notice by the building official, and charged accordingly thereafter.

• • (2) Swimming pools. Swimming pools, including portable pools deep enough to contain a water depth of more than 24 inches, shall comply with the following requirements:

    • a. No pool which is accessory to a one- or two-family dwelling shall be located in the front yard thereof;

    • b. The pool and any accessory equipment shall comply with the required side and rear yard setbacks of the lot on which it is located;

    • c. Exclusive of gates or doors, the fence or wall shall contain no holes or gaps which have any dimension greater than four inches. If the wall or fence is not opaque, the area in which the pool is located shall be screened from the view of abutting properties by means of thick hedges at least six feet high;

    • d. In-ground pools shall have an apron no less than four feet wide on any side accessible to foot traffic;

    • e. The pool shall have no lighting or spotlighting which illuminates any area beyond the boundaries of the lot on which it is located;

    • f. The pool shall be equipped with a filtration system which shall be either screened or enclosed on all sides or located below ground.

  • (3) Tennis, deck, or paddle tennis courts. Tennis, deck, or paddle tennis courts, skateboard ramps and similar accessory recreation facilities shall comply with the following requirements:

    • a. No such facility which is accessory to a residential use shall be located in the front yard thereof;

    • b. No part of any such facility shall be located nearer than 15 feet to any property line;

    • c. The facility shall have no lighting or spot lighting, unless such lighting is approved as a special use permit by the zoning board of review;

    • d. The area in which the facility is located shall be screened from the view of abutting properties by means of an opaque fence or wall or thick hedges at least six feet high.

  • (4) Home occupations. Home occupations, as defined in this ordinance (section 2) are permitted as accessory uses in all zones when conducted and carried on entirely within the dwelling unit by the occupants thereof, provided that:

    • a. The use is conducted solely within the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes;

    • b. There is no exterior display or advertising of goods or services, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the dwelling unit;

    • c. The establishment of the occupation does not require internal or external alterations or involve construction features not customarily found in dwelling units;

    • d. The occupation does not utilize more than 25 percent of the floor area of the first story of the dwelling unit;

    • e. The occupation does not produce or emit offensive noise, vibration, smoke, dust, odors, heat or glare, radiation, radio or television interference, or any other nuisance;

    • f. The occupation is conducted in such a manner and during such hours that it is not obnoxious, offensive, or detrimental to the immediate neighborhood;

    • g. The occupation employs no more than one employee or helper other than members of the family residing in the dwelling unit;

    • h. When the occupation involves music instruction or scholastic teaching or tutoring, the home office or studio shall be so equipped and used that no sounds therefrom can be heard beyond the boundaries of the premises in which the occupation is being conducted.

  • (5) Trash containers. Trash compactors, dumpsters, and other large trash containers serving single-family, multifamily, commercial, and industrial structures and developments shall comply with the following requirements:

    • a. The compactor, dumpster, or container shall not be permanently located closer to the property lines than the permissible distance for an accessory structure in the zone;

    • b. The compactor, dumpster, or container shall not be located in any required loading berth or in any required off-street parking space;

    • c. The compactor, dumpster, or container shall be appropriately screened or located so as to minimize its effect on residential uses;

    • d. The design and operation of any trash compactor shall be rodentproof and shall be approved by the building inspection division prior to installation.

  • (6) Accessory dwelling units. Notwithstanding any other provision of this chapter, an accessory dwelling unit ("ADU") that meets the requirements of RIGL 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU which meets the requirements of RIGL 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

    • a. One accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:

      • 1. On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

      • 2. On a lot with a total lot area of 20,000 sq. ft. or more for which the primary use is residential; or

      • 3. Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.

    • b. Development standard for accessory dwelling units (ADU).

      • 1. A studio or one bedroom ADU shall be allowed at no greater than 900 sq. ft. or 60 percent of the floor area of the principal dwelling, whichever is less.

      • 2. A two bedroom ADU shall be no larger than 1,200 sq. ft. or 60 percent of the floor area of the principal dwelling, whichever is less.

      • 3. ADUs shall not contain more than two bedrooms, as defined in section 2.2 of this ordinance.

      • 4. One additional off-street parking space shall be required for each bedroom within the ADU.

      • 5. ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in RIGL 42-63.1-2.

      • 6. ADUs created under RIGL 45-24-73 shall remain as an accessory use to a primary structure and shall not be separated from the primary structure, separated through subdivision, and/or sold by way of condominium creation, ground lease, tenancy in common or other mechanism.

    • c. For proposed ADUs that are part of a larger development proposal, ADUs shall not count toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

    • d. Any ADU established pursuant to the terms of this chapter utilized as a rental shall be leased for a term of no less than 12 consecutive months.

(Ch. 811(1), § 1(7.3), 3-4-2002, Ch. 894, §§ 3, 8, 11-5-2007; Ch. 897, § 3, 5-5-2008; Ch. 1030, § 2, 10-17-2016; Ch. 1118, § 11, 12-18-2023; Ch. 1137, § 3, 6-16-2025)