Breakwater Village special district

• • 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)