Town of Richmond Zoning Ordinance

§ 18.04 GENERAL PROVISIONS

§ 18.04.010 General purposes

The zoning ordinance has been developed and shall be maintained in accordance with the comprehensive plan as prepared and adopted, and as may be amended in accordance with R.I. Gen. Laws § 45-22.2-1 et seq. The zoning ordinance addresses the following purposes:

A. To promote the public health, safety and general welfare;

B. To provide for a range of uses and intensities of use appropriate to the character of the town, and reflecting current and expected future needs;

C. To provide for orderly growth and development that recognizes:

1. The goals and patterns of land use contained in the comprehensive plan adopted pursuant to R.I. Gen. Laws § 45-22.2-1 et seq.,

2. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface or groundwater pollution,

3. The values and dynamic nature of freshwater ponds and wetlands,

4. The values of unique or valuable natural resources and features,

5. The availability and capacity of existing and planned public and~~/or~~ private services and facilities,

6. The need to shape and balance suburban and rural development, and

7. The use of innovative development regulations and techniques;

D. To provide for the control, protection from and abatement of air, water, groundwater and noise pollution, and soil erosion and sedimentation;

E. To provide for the protection of the natural, historic, cultural and scenic character of the town or areas therein;

F. To provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space;

G. To provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space and other public requirements;

H. To promote a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing;

I. To provide opportunities for the establishment of low and moderate income housing;

J. To promote safety from fire, flood and other natural or manmade disasters;

K. To promote a high level of quality in design in the development of private and public facilities;

L. To promote implementation of the comprehensive plan adopted pursuant to R.I. Gen. Laws § 45-22.2-1 et seq.;

M. To provide for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond town boundaries or have a direct impact on the town;

N. To provide for efficient review of development proposals, and to clarify and expedite the zoning approval process;

O. To provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits, and procedures for modifications.

(Ord. dated 12-19-94(part); Ord. dated 7-15-08; Ord. dated 5-21-24)

§ 18.04.020 Applicability

No building, structure or land shall be used, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations specified for the district in which it is located. Nonconforming uses and structures shall be permitted to continue under the provisions of Chapter 18.48.

(Ord. dated 12-19-94(part); Ord. dated 7-15-08; Ord. dated 7-20-21)

§ 18.04.030 Town uses or property

A. Town uses of a governmental nature in the PUB zoning district, and other town uses operated or maintained by the town on property owned or leased by the town or in structures owned or leased by the town, shall be exempt from the requirements of this Title, provided, however, that if construction of a building or enlargement of a building footprint is proposed, if a change in the use of a building is proposed that would require alteration of the site, if a parking area is being expanded, or if relocation of a street access point is proposed, the plans shall be referred to the planning board for advisory development plan review.

(Ord. dated 7-15-08; Ord. dated 5-16-17; Ord. dated 7-20-21)

B. Uses or activities of a non-governmental nature on town-owned property in the PUB zoning district shall be permitted, notwithstanding any other provision of this Title, in conformity with the following requirements:

1. If the use or activity does not require alteration or rearrangement of the site, the town council shall, by a majority vote of those members present, approve the proposed use or activity by a written resolution that contains the terms and conditions imposed on the use or activity, including its permitted scope and duration.

2. If the use or activity requires alteration or rearrangement of the site, the following approval procedure shall be required:

a) The town council shall, by a majority vote of those members present, preliminarily approve the proposed use or activity, and shall refer the proposal to the planning board for advisory development plan review.

b) If a private person or organization will use the site, the person or organization must submit to the planning department a professionally-prepared development plan in compliance with Ch. 18.54 of this Title and Art. 15(H) of the land development and subdivision regulations. If the development plan requires review by a town engineering consultant, the person or organization submitting the plan must pay for the consultant’s review.

c) If the use will be sponsored by the town or will operate under the direction of the town, the town council may direct the town planner to engage a consultant from among the pre-qualified engineering professionals on the list maintained by the planning department to prepare a development plan for the site in compliance with Art. 15(H) of the land development and subdivision regulations.

d) The planning board shall review the proposal according to the criteria in Ch. 18.54 of this Title and shall make a written recommendation to the town council. The review shall include a recommendation on whether the proposed yard dimensions and building height are appropriate for the site.

e) The town council shall, by a majority vote of those members present, after a public hearing, approve or disapprove the proposal. Approval shall be by a written resolution that contains the terms and conditions imposed on the use or activity, including its permitted duration, and shall include a site plan.

(Ord. dated 7-15-08; Ord. dated 5-16-17; Ord. dated 7-20-21; Ord. dated 5-21-24)

§ 18.04.040 Uses permitted in the PUB district

The following uses are permitted on property in the PUB zoning district that is not owned by the town: 212 - Horticulture; 301 - Public school; 310 - Quasi-municipal public safety or other facility; 402 - Indoor recreational facility; 406 - Outdoor recreational facility; 432 - Park, botanical garden open to public; 434 - Wildlife refuge; 435 - Conservation area; 442 - Museum, library. Use codes 301, 310, 402, 406, 432, and 442 require development plan approval.

(Ord. dated 7-20-21)

REFERENCES

R.I. Gen. Laws § 45-24-030; Code Ch. 18.16, Ch. 18.48, Ch. 18.54.

§ 18.08 DEFINITIONS

§ 18.08.010 Definitions

Where words or terms used are defined in R.I. Gen. Laws § 45-22.2-4 (the definitions section of the Rhode Island comprehensive planning and land use regulation act), they shall have the meanings stated therein. In addition, the following words shall have the following meanings.

(Ord. dated 12-19-94 (part))

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Accessory dwelling unit. A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. 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.

(Ord. dated 12-19-94 (part); Ord. dated 9-21-04 (part); Ord. dated 11-19-13; Ord. dated 5-16-17, Ord. dated 5-21-24)

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 is not permitted without the principal use to which it is related.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Adaptive reuse – The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use. Adaptive reuse is permitted in conformity with Ch. 18.23 of this Title.

(Ord. dated 5-21-24)

Adult entertainment business.

A. An adult entertainment business is:

1. Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude, nudity meaning the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or showing of the covered male genitals in a discernibly turgid state, or

2. Any commercial establishment or business that displays actual or simulated acts of sexual activity by clothed or nude individuals, either live or on film, videotape or by electronic means, intended to provide sexual stimulation or sexual gratification, or

3. Any commercial establishment whose major business is the sale of books, magazines, or other printed material, or movies, films, DVDs, or other video reproductions, intended to provide sexual stimulation or sexual gratification.

(Ord. dated 1-3-06 (part); Ord. dated 11-19-13)

Affordable housing. See “low- or moderate-income housing.”

(Ord. dated 5-16-95 (part); Ord. dated 10-21-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Aggrieved party.

A. Any person or persons or entity or entities who can demonstrate that his or her property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance; or

B. Anyone requiring notice pursuant to R.I. Gen. Laws title 45, ch. 24.

(Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Area median income (AMI). The median household income as determined annually by the U.S. department of housing and urban development (HUD) and adjusted for household size by HUD and by Rhode Island housing and mortgage finance corporation for the designated statistical area that includes Richmond as of the date of marketing of the dwelling unit to which it is being applied.

(Ord. dated 5-6-08)

Buffer. Land maintained in either a natural or landscaped state, used to minimize or eliminate the impacts of development on surrounding areas.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Building envelope. The three-dimensional space on a lot within which construction of a structure is permitted according to the minimum yard requirements, maximum height requirements, and other dimensional regulations applicable to the lot.

(Ord. dated 5-16-17)

Building height. The vertical distance from the average grade at the outermost corners of the foundation to the top of the highest point of the roof or structure, excluding spires, chimneys, and flag poles. In a flood hazard area, building height shall be measured from the base flood elevation. If a building in a flood hazard area is designed with additional height, also known as freeboard, to mitigate the potential effects of flooding, up to five feet of that additional height shall be excluded from the building height calculation.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 11-20-18)

Cannabis business. A cannabis cultivator, a cannabis product processor, a cannabis product manufacturer, or a cannabis testing laboratory licensed by the state of Rhode Island pursuant to title 21, chapter 28.11 of the general laws.

(Ord. dated 9-19-23)

Cannabis retailer. A business licensed by the state of Rhode Island to sell at retail medical cannabis products, recreational cannabis products, or both.

(Ord. dated 9-19-23)

Conservation development. A type of land development that provides flexibility in the siting of structures and infrastructure in order to protect sensitive and important site features, conserve open space, and reduce the environmental impact of development.

(Ord. dated 9-2-03 (part); ord. dated 11-19-13; Ord. dated 5-21-24)

Common ownership. Lots are in common ownership when title is held by identical persons or entities.

(Ord. dated 11-19-13)

Community residence. Defined in R.I. Gen. Laws § 45-24-31(16), as amended. Community residences are permitted in all zoning districts where residential use is permitted.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Comprehensive plan. The comprehensive community plan adopted and approved pursuant to R.I. Gen. Laws title 45, ch. 22.2.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Day care - Day care center. A day care center that is not a family day care home as defined in this Chapter. If the day care center is operated by a business for its employees and is located in the same building or on the same parcel as the business, the use shall be considered an accessory use to the business.

(Ord. dated 12-19-94 (part); Ord. dated 5-4-04 (part))

Day care - Family day care home. A home or residence other than the home or residence of the individuals receiving day care in lieu of family care or supervision, in which the supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, provided that the home or residence may contain no more than a total of eight individuals receiving day care.

(Ord. dated 12-19-94 (part); Ord. dated 5-4-04 (part))

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Development plan review. Development plan review is review and approval by the administrative officer, the technical review committee, or the planning board of a site plan. The purpose of the review is to ensure that the site complies with the design and performance standards in the land development and subdivision regulations.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Domestic livestock. Cattle, cows, sheep, horses, ponies, mules, asses, burros, donkeys, goats, llamas, alpacas, rabbits, chickens, roosters, turkeys, ducks, geese, guinea fowl, pea fowl, peacocks, ostriches, and emus.

(Ord. dated 7-15-97(part); Ord. dated 11-19-13)

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.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Equestrian academy. A facility that provides daily care to more than three horses, mules, asses, burros, donkeys and where one or more of the following activities take place: riding instruction; hiring of horses for riding; training of horses; and equestrian shows, exhibits, or competitions to which the public may be admitted.

(Ord. dated 11-19-13)

Equestrian boarding or breeding facility. A facility where horses and other equines are boarded or bred that provides daily care to more than three horses, mules, asses, burros, or donkeys.

(Ord. dated 11-19-13)

Extractive industry. The extraction of minerals, including: solids, such as coal and ores, and sand and gravel; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation for oil or gas extraction; 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.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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

(Ord. dated 5-21-24)

Farm lot. A type of lot in a conservation development or residential compound in the agricultural overlay district. The lot is intended for residential use and also for farming or forestry use because of its size and its prime agricultural soils. There are two types of farm lots:

A. Farm lots in conservation developments: A farm lot in a conservation development is made up of some or all of the subdivision's required open space. One acre of the lot is reserved for the principal residential structure. If there is more than one farm lot in a conservation development, one must be at least 25 acres.

B. Farm lots in residential compounds: All lots in a residential compound are farm lots of at least eleven (11) acres.

(Ord. dated 9-7-10; Ord. dated 11-19-13)

Farmers’ market. A temporary, seasonal market at which individual vendors may offer locally-grown produce, agricultural products and home-baked goods from open-air or semi-enclosed temporary stalls, stands or structures. Farmers’ markets are typically conducted regularly at the same location on the same day or days of the week.

(Ord. dated 5-16-17)

Flood hazard area. An area subject to flooding from a storm having a one percent (1%) chance of being equaled or exceeded in any given year. Flood hazard areas are delineated on the FEMA flood hazard map that is incorporated into the zoning map.

(Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13)

Ground floor area. The area of the ground floor of a building or a portion of a building in square feet, measured from the exterior faces of exterior walls or from the center line of common walls.

(Ord. dated 9-7-10; Ord. dated 11-3-15)

Groundwater. Water found underground that completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Gross floor area. The sum of the horizontal area of all floors of a building, excluding unoccupied basements or attics, measured from the exterior faces of exterior walls or from the center line of a common wall separating two buildings or units within a building.

(Ord. dated 9-7-10; Ord. dated 1-2-18)

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. A family may include servants or other employees, and may be a group of persons unrelated by blood. The terms “household unit” and “dwelling unit” are synonymous when determining the number of units allowed within any structure on any lot in a zoning district.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Junk. The term "junk" includes, but is not limited to: old or scrap copper, brass, rope, rags, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron steel, and other old or scrap ferrous or nonferrous material.

(Ord. dated 12-19-94 (part))

Land development project. A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for a complex of uses or structures. Land development projects include, but are not limited to, conservation and planned district developments.

(Ord. dated 12-19-94 (part); Ord. dated 9-2-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Large-scale retail development. A retail structure or group of structures with a gross floor area of more than 50,000 sq. ft. where pharmaceuticals, health and beauty aids, furniture, appliances, or other household merchandise, clothing, or other consumer goods are sold, and that may also include office space, movie theaters, or indoor recreational uses, but shall not include supermarkets.

(Ord. dated 9-7-10)

Lot. The basic development unit for determining the area, depth and other dimensional regulations of a parcel of land; or a parcel of land whose boundaries have been established by a legal instrument such as a recorded deed or recorded map and is recognized as a separate legal entity for purposes of transfer of title.

A. Corner lot: A lot with frontage on two substantially perpendicular streets. See Fig. 1-C.

B. Interior lot: A lot with frontage on one street. See Fig. 1-C.

C. Through lot: A lot other than a corner lot that fronts on two substantially parallel streets, or fronts on two streets that do not intersect at the boundaries of the lot. See Fig. 1-C.

D. Lot front yard: The area between the front lot line and the nearest principal building, extending the full width of the lot . See Fig. 1-E.

E. Lot rear yard: The area between the rear lot line and the nearest principal building, extending the full width of the lot. See Fig. 1-E.

F. Lot side yard: The area between a side lot line and the principal building, extending the full depth of the principal building. See Fig. 1-E.

(Ord. dated 12-19-94(part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 1-2-18)

Lot area. The total area within the boundaries of a lot, usually reported in acres or square feet.

(Ord. dated 12-19-94(part); Ord. dated 11-19-13)

Lot building coverage. The percentage of the total area of a lot that is or may be covered by buildings.

(Ord. dated 12-19-94(part); Ord. dated 11-19-13; Ord. dated 5-16-17)

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.

(Ord. dated 12-19-94(part); Ord. dated 11-19-13)

Lot frontage. That portion of a lot abutting a street. Lot frontage must be contiguous frontage to meet minimum frontage requirements. See Fig. 1-C.

(Ord. dated 12-19-94(part); Ord. dated 5-16-17)

Lot line. A line of record, bounding a lot, that divides a lot from another lot or from a street.

Lot lines include:

A. Front lot line: The lot line separating a lot from a street right-of-way. On an interior lot, the lot line abutting a street. On a developed corner lot, the front lot line is the lot line currently used for that purpose. On an undeveloped corner lot, the front lot line is the lot line chosen by the property owner when initial development begins. On a through lot, the lot line abutting the street providing the primary access to the lot. See Figs. 1-B, 1-D, 1-F.

Figure 1

B. Rear lot line: 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. If the front lot line is a curved line, then the rear lot line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. See Figs. 1-B, 1-D, 1-F.

C. Side lot line: Any lot line other than a front or rear lot line. On a corner lot, a side lot line is along the street lot line other than the front lot line. See Fig. 1-E.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 1-2-18)

Lot setback line. A line that delineates the minimum distance required between a front lot line, side lot line, or rear lot line and a building.

(Ord. dated 5-16-17)

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. See Fig. 1-A.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17)

Low or moderate-income housing. Housing subsidized by a federal, state, or municipal government subsidy, that is affordable to low- or moderate-income households, as defined in R.I. Gen. Laws § 42-128-8.1(d)(1), and will remain affordable through a land lease or deed restriction for at least thirty (30) years from initial occupancy. Also called affordable housing.

(Ord. dated 5-6-08; Ord. dated 5-21-24)

Manufactured home. A structure built after 1976 that is designed or used for year-round residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved on a highway, whether or not such structure actually has, at any given time, had such wheels attached, or is jacked up or skirted, and attached to a permanent slab foundation. A manufactured home is considered a detached single-family structure for the purposes of application and enforcement of this Title.

(Ord. dated 5-21-24)

Minimum lot area. The smallest contiguous area permitted for a buildable lot. Freshwater wetlands and regulatory wetland buffers abutting surface water bodies that provide public drinking water, flood hazard areas, easements for above-ground utilities, and land with ledge or rock outcrops within four feet of the surface area may be included in any lot but shall not make up any part of the minimum lot area. Land shall not be excluded from minimum lot area because of its natural gradient.

(Ord. dated 11-19-13; Ord. dated 5-16-17)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Mobile home. A structure built before 1976 that is designed or used for year-round residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved on a highway, whether or not such structure actually has, at any given time had such wheels attached, or is jacked up or skirted, and attached to a permanent slab foundation.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Mobile home park. Privately owned land upon which two or more mobile homes occupied for permanent residential use are located.

(Ord. dated 11-19-13)

Modification. Dimensional relief issued by the zoning enforcement officer rather than by the zoning board of review. The zoning enforcement officer may issue only the relief specified in Ch. 18.59 of this Title.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Multi-family building. A building that contains three or more principal dwelling units.

(Ord. dated 11-19-13)

Municipal government subsidy. Assistance the Town provides for construction or rehabilitation of low and moderate income housing to encourage the creation of that housing and to mitigate the cost of the development. Municipal subsidies include, but are not limited to, density increases or adjustments to the requirements of the zoning ordinance or subdivision and land development regulations; payments to not-for-profit developers from the Town's restricted account containing fees in lieu of construction; waiver of fees, including stenographic fees; or property tax reduction for low or moderate income housing pursuant to a Town ordinance.

(Ord. dated 5-6-08; Ord. dated 5-21-24)

Nonconformance. A structure, parcel of land, or use that lawfully existed at the time a zoning ordinance was adopted or amended but does not conform to the provisions of the ordinance. There are two types of nonconformance:

A. A lawfully established use of land that is not permitted in the zoning district is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of the zoning ordinance is nonconforming by use.

B. A lawfully-built structure or lawfully-created lot that does not comply with the dimensional regulations of this title is nonconforming by dimension. Dimensional regulations include all regulations other than use requirements. A structure that contains a number of dwelling units permitted by the use regulations of this title, but does not satisfy the ordinance’s density regulations is nonconforming by dimension.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Overlay district. A zoning district superimposed over one or more other zoning districts, or parts of districts, that imposes requirements that are more or less restrictive than those of the underlying district.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Owner. Any person or other legal entity who alone, or jointly, or severally with others: (a) has a legal title to any premises, or (b) has control of any premises as agent, executor, executrix, administrator, administrator trustee, guardian of the estate of the holder of a legal title, or the holder of equitable title.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Performance standards. Criteria or limits that a particular use or process either must meet or may not exceed.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

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

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Planned development. A land development project that is developed as a single entity and contains one or more structures or uses with appurtenant common areas.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Planned district development. A development characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Preapplication conference. The planning board’s informal review of a proposed development that takes place before formal submission of an application.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Prime agricultural soils. Soils identified in maps and other data prepared by the natural resources conservation service, U.S. department of agriculture, or its successor agency, as prime agricultural soils.

(Ord. dated 9-7-10)

Redevelopment. Any significant change to an existing development or an existing non-residential use, including but not limited to demolition of a structure, expansion of a structure’s footprint by more than 50 percent, construction of a new structure, or change in the use of a building or land.

(Ord. dated 11-19-13)

Site plan. A development plan for one or more lots that shows existing and proposed conditions and improvements.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17)

Special use permit. Permission to establish a use that is conditionally permitted in the zoning district if all of the requirements in this Title that apply to it are satisfied.

(Ord. dated 5-21-24)

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.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Substandard lot of record. A lawfully-created lot that does not comply with the dimensional regulations of this title.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Supermarket. A retail establishment primarily devoted to the sale of food that may also sell household goods and convenience items.

(Ord. dated 9-7-10; Ord. dated 11-19-13)

Variance. Permission to depart from the literal requirements of this Title, including authorization to construct or maintain a building or use that is prohibited by this Title. There are two types of variance:

A. A use variance is permission to depart from the use requirements of this Title when property or a structure cannot yield any beneficial use if it is made to conform to the ordinance.

B. A dimensional variance is permission to depart from the dimensional regulations in this Title.

(Ord. dated 12-19-94 (part); Ord. dated 10-21-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Wetland, freshwater. “Freshwater wetland” is as defined in R.I. Gen. Laws § 2-1-20.

(Ord. dated 12-19-94 (part))

Zoning certificate. A written, signed determination by the zoning enforcement officer that a use, structure or lot complies with this Title, is legally nonconforming, or has been authorized by variance or modification.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13)

Zoning map. The map that delineates the zoning districts and overlay districts in this Title. The zoning map is part of the zoning ordinance.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 42-128-8.1, 45-22.2-3, 45-24-31, 45-24-32(2), 45-24-35, 45-24-37, 45-53-3, 46-13.1-3.

§ 18.12 DISTRICTS AND MAPS

§ 18.12.010 Division into districts

The zoning ordinance divides the town into the following zoning use districts. Zoning use districts are depicted by type and location on the official zoning map:

ZONE	DESCRIPTION
R-1	Residential use - 43,560 sq. ft. minimum lot size
R-2	Residential use - 87,120 sq. ft. minimum lot size
R-3	Residential use - 130,680 sq. ft. minimum lot size
N.B.	Neighborhood business
G.B.	General business
L.I.	Light industrial
I.	Industrial
AQU OL A	Aquifer protection overlay subdistrict A
AQU OL B	Aquifer protection overlay subdistrict B
PUD-VC	Planned unit development-village center
P.D.	Planned development
F.T.	Flex Tech
AGR Overlay	Agricultural overlay district
FH	Flood hazard overlay
SV	Shannock Village
RD	Planned Development Resort District
COS	Conservation and Open Space
PUB	Public and Governmental

(Ord. dated 12-19-94 (part); Ord. dated 11-16-02; Ord. dated 11-17-02; Ord. dated 9-2-03 (part); Ord. dated 11-19-13; Ord. dated 8-12-14; Ord. dated 6-16-15; Ord. dated 9-20-16; Ord. dated 7-20-21; Ord. dated 8-23-22; Ord. dated 7-18-23)

§ 18.12.020 Zoning districts defined

A. Residence 3 (R-3). This district is located on fragile aquifer, watershed, streambelt, inland wetland and significant adjoining areas as delineated on a map entitled “Richmond, Rhode Island, Showing Area Underlain by the Stratified Drift Deposited” (adopted as the aquifer protection district map by the town of Richmond in 1985). Permitted uses in this district are limited to low density residential uses not to exceed a density of one dwelling unit per three acres and, by special use permit, low intensity non-residential uses that meet performance standards with regard to groundwater protection.

B. Residence 2 (R-2). This district contains areas of the community that are partially or fully developed at an approximated density of one dwelling unit per two acres and areas that are planned for future development of this density.

C. Residence 1 (R-1). This district contains areas of the community that are partially or fully developed at an approximated density of one dwelling unit per acre and areas for which this density of development is considered appropriate.

D. Neighborhood Business (NB). This district is established to provide areas for small scale retailing and personal service activities, primarily intended to serve the day-to-day needs of persons living nearby.

(Ord. dated 1-19-21)

E. General Business (GB). This district is established to provide areas for commercial uses that depend on greater volumes of vehicular traffic and highway related uses. Typical uses include those which offer accommodations and services to motorists, specialized retail outlets and uses that are more community oriented than those permitted in the neighborhood business district.

F. Light Industrial (LI). This district contains land that is considered suitable for more restrictive light manufacturing and related uses, such as commercial offices and warehouses, in order to protect the water quality of adjacent streams and wetlands.

G. Industrial (I). This district contains land that is currently in manufacturing use and related uses, and land that is considered suitable for future development in manufacturing.

H. Planned Development (PD). This district is in the area of town along Route 138 and Route I-95. The planned district will allow for a mix of residential and commercial uses with design standards and a unified site design that allows for the clustering of buildings, common open space, building types and land uses. Planned developments require approval by the Planning Board as land development projects or through the development plan review process.

I. Aquifer Protection Overlay District (AQU). The boundaries of the aquifer protection overlay district are identical to those established by the R.I. department of environmental management and the R.I. department of health office of drinking water quality to delineate the boundaries of the Wood-Pawcatuck River basin aquifer, wellhead protection areas, and groundwater recharge areas. Those boundaries are shown on maps maintained on the R.I. geographic information system webpage at www.rigis.org. Subdistrict A is comprised of the aquifer and all wellhead protection areas. Subdistrict B is comprised of the groundwater recharge areas.

(Ord. dated 12-19-94(part); Ord. dated 6-16-15; Ord. dated 7-18-23)

J. Agricultural Overlay District. The purpose of the agricultural overlay district is to protect large contiguous areas of prime agricultural soils by imposing special low-density residential development requirements that create parcels reserved for farming.

(Ord. dated 9-7-10)

K. Flood Hazard Overlay District (FH). The purpose of the flood hazard overlay district is to protect the public safety, minimize property damage, protect watercourses from encroachment, and preserve the ability of floodplains to retain and carry off floodwaters.

L. Flex Tech (FT). This district incorporates a mixture of general business and light industrial uses in a unified design that provides for clustering of buildings and areas of open space.

M. Planned Unit Development-Village Center (PUD-VC). This district incorporates a mixture of residential uses at different densities, neighborhood businesses, professional offices, retail uses, governmental uses, and recreational facilities designed to create a distinct “sense of place” that has the scale and character of a traditional New England village center.

(Ord. dated 12-19-94(part), Ord. dated 7-15-97(part); Ord. dated 11-16-02 (part); Ord. dated 11-17-02 (part); Ord. dated 9-7-10; Ord. dated 10-5-10; Ord. dated 11-19-13)

N. Shannock Village District (SV). The purposes of this district are to preserve the historic character of Shannock Village and to encourage economic vitality by allowing a mixture of residential and commercial uses.

(Ord. dated 8-12-14)

O. Planned Development Resort District (RD). This district provides regulations for a unified development that includes commercial and non-commercial recreational facilities; hotel and event facilities, restaurants, and limited commercial uses to provide amenities for residents and guests; and a restricted-access residential area.

P. Conservation and Open Space (COS). This district is for recreation or conservation land owned by the town, the state, or the federal government, and for public or private land protected from development by open space, conservation, or preservation easements or restrictions.

Q. Public and Governmental (PUB) This district is for land owned by the town or by another governmental or quasi-governmental entity such as a chartered fire district or a regional school district.

(Ord. dated 9-20-16; Ord. dated 7-20-21; Ord. dated 8-23-22)

R. Planned unit development-village center (PUD-VC). This district is in the area of town along Route 138 and Route I-95. The planned unit development-village center district will allow for a mix of residential, commercial and industrial uses with design standards and a unified site design that allows for the clustering of buildings, common open space, building types and land uses. Projects within this zoning district require approval by the Planning Board as land development projects or through the development plan review process.

(Ord. dated 7-21-26)

§ 18.12.030 Official zoning map

The location and boundaries of the zoning districts are established as shown on a map in the custody of the town clerk entitled “Town of Richmond, R.I. – Official Zoning Map,” revised March 2010 to show amendments through October 2009. This map and its subsequent amendments are made a part of this Title.

(Ord. dated 12-19-94; Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 10-1-2024)

REFERENCES

R.I. Gen. Laws § 45-24-36.

§ 18.16 USE REGULATIONS

§ 18.16.010 Table of uses

Use Code	Use Description	R-3	R-2	R-1	Neigh Bus.	Gen. Bus.	Lt. Ind.	Ind.	PD	PUD-VC	Flex Tech	SV	Agr. OL	Aqu. OL A	Aqu. OL B	COS	Notes
10	RESIDENTIAL
101	Single family detached dwelling	P	P	P	P	X	X	X	X	P	X	P	P	U	U	X	See §18.36.100 E
102	Two-family structure	P	P	P	P	X	X	X	X	P	X	P	P	U	U	X	See Ch. 18.20, §18.36.100 E
103	Dwelling unit in a mixed-use building	X	X	X	P	P	X	X	P	P	X	P	X	U	U	X
104	Multi-family building(s): 3-4 dwelling units	X	P	P	X	P	X	X	P	P	X	P	X	U	U	X	See §18.36.100; Ch.18.41
105	Multi-family building(s): 5-12 dwelling units	X	X	X	X	P	X	X	P	P	X	X	X	U	U	X	See §18.36.100
106	Multi-family building(s): 13-60 dwelling units	X	X	X	X	X	X	X	X	P	X	X	X	U	U	X	See Ch. 18.42
107	Dwelling units in a mixed-use building	X	X	X	X	X	X	X	X	P	X	X	X	X	X	X	This Use is only permitted in the PUD-VC Zone and shall be marked as not permitted with an “X” in all other Zones.
112	Community residence	P	P	P	P	P	X	X	P	P	X	P	P	U	U	X
114	Single manufactured home	P	P	P	P	X	X	X	X	X	X	P	P	U	U	X	See RIGL § 45-24-37(c) and Ch. 15.02 (temporary use)
115	Single mobile home	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X	See RIGL § 45-24-37(c) and Ch. 15.02 (temporary use)
116	Mobile or manufactured home park	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X
20	AGRICULTURAL
210	Keeping, breeding domestic livestock	P	P	S X	P	X	X	X	P	X	X	P	P	U	U	X	See Ch. 18.31; accessory uses see Ch. 18.30 and §18.36.060
212	Horticulture	P	P	P	P	P	P	P	P	P	P	P	P	U	U	P	See RIGL § 45-24-37
214	Indoor horticulture	P	P	P	P	P	P	P	P	P	P	P	P	U	U	X	See § 18.54.020
224	Keeping, breeding swine	S X	S X	X	X	X	S X	S X	X	X	X	X	S X	X	X	X	As accessory use see Ch.18.30
240	Indoor commercial aquaculture or fish hatchery	X	X	X	X	X	P	P	X	X	P	X	X	S X	S X	X
30	INSTITUTIONAL, GOVERNMENTAL
301	Public school	X	X	X	X	X	X	X	X	X	X	X	U	U	U	X	See § 18.04.040
302	Private school	S X	S X	S X	X	P	X	X	P	P	X	S X	X	U	U	X
303	Private technical, trade school	X	X	X	S X	P	P	P	P	P	P	X	X	U	U	X
306	Private nursery school or kindergarten	S X	S X	S X	P	P	X	X	P	P	X	S X	X	U	U	X
308	Cemetery	S X	S X	X	X	X	X	X	X	X	X	X	S X	U	U	X	See §18.20.060
310	Municipal or quasi-municipal public safety or other facilities	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X	See § 18.04.040
320	Child or adult day care for up to 8 persons	X	X	X	P	P	X	X	P	P	P	P	X	U	U	X
322	Child or adult day care for 9 or more persons	X	X	X	S X	P	X	X	P	P	P	X	X	U	U	X
324	Halfway house	X	X	X	S X	P	P	P	X	X	P	X	X	U	U	X	See RIGL § 45-24-31(31)
326	Homeless shelter	X	X	S X	S X	P	P	X	X	X	X	X	X	U	U	X
330	Nursing home, assisted living, continuing care, hospice	X	X	X	S X	P	P	X	P	P	P	X	X	U	U	X
332	Substance abuse treatment facility	X	X	X	X	P	P	P	P	P	P	X	X	U	U	X
340	Hospital	X	X	X	X	P	P	P	P	P	P	X	X	U	U	X	Needs approval as a Land Development Project
342	Medical treatment facility less than 15,000 sq. ft. gross floor area	X	X	X	P	P	P	X	P	P	P	S X	X	U	U	X
350	Private not-for-profit public service facility not otherwise classified	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
40	RECREATIONAL, CULTURAL, ENTERTAINMENT
	Recreational
402	Indoor recreational facility	X	X	X	X	P	P	P	P	P	P	S X	X	U	U	X
406	Outdoor recreational facility	X	X	X	X	P	X	X	S X	P	P	P	X	U	U	X
408	Golf course	P	P	X	X	X	X	X	P	P	P	X	P	U	U	X
409	Fairgrounds	P	P	X	X	X	X	X	X	X	X	X	P	X	S X	X
410	Equestrian academy; equestrian boarding or breeding facility	P	P	X	X	X	X	X	X	X	X	S X	P	S X	S X	X	See Ch. 18.31
414	Health club	X	X	X	P	P	P	P	P	P	P	P	X	U	U	X
420	Recreational campground	S X	S X	X	X	X	X	X	X	X	S X	X	X	X	S X	X	See Ch. 18.55
424	Seasonal camp	S X	S X	X	X	X	X	X	S X	X	S X	X	X	U	U	X
432	Park, botanical garden open to public	P	P	P	P	P	P	P	P	P	P	P	P	U	U	X
434	Wildlife refuge	P	P	P	P	P	P	P	P	P	P	P	P	U	U	X
435	Conservation area	P	P	P	P	P	P	P	P	P	P	P	P	U	U	P
436	Indoor shooting range	X	X	X	X	S X	P	P	X	X	X	X	X	U	U	X	See §18.36.080
	Cultural
442	Museum, library	X	S X	S X	S X	P	X	X	P	P	X	P	X	U	U	X
444	Place of worship	X	X	X	S X	P	X	X	P	P	X	S X	X	U	U	X
446	Private club	X	X	X	S X	P	P	X	P	P	X	S X	X	U	U	X
	Entertainment
460	Theater or other indoor privately-owned public gathering place	X	X	X	S X	P	P	P	P	P	X	S X	X	U	U	X
462	Stadium, arena, or other outdoor privately-owned public gathering place	X	X	X	S X	P	P	P	P	P	X	S X	X	X	X	X
464	Race track for motorized vehicles	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
465	Motocross facility	X	X	X	X	X	X	X	X	X	P	X	X	U	U	X
466	Casino or other wagering or betting facility	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X
468	Adult entertainment	X	X	X	X	X	X	P	X	X	X	X	X	U	U	X	See §8.08.010; §18.36.110
50	UTILITIES, TRANSPORTATION
	Utilities
502	Power generation	X	X	X	X	P	P	P	X	X	P	X	X	X	S X	X
504	Commercial wind energy system	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X	Reserved
506	Solar energy system	X	X	X	X	P	P	P	X	X	P	X	U	U	U	X	See Ch. 18.34
508	Commercial cellular communication tower	S X	S X	S X	S X	S X	P	P	S X	S X	P	S X	S X	U	U	X	See Ch. 18.53
510	Broadcast studio, antenna	X	X	X	S X	P	P	P	P	P	P	X	X	U	U	X
	Transportation
532	Transportation terminal	X	X	X	X	P	P	P	X	P	P	X	X	X	S X	X	See §18.42.040 for PUD-VC zone
534	Airport, helipad	X	X	X	X	X	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
536	Towing with vehicle storage	X	X	X	X	X	P	P	X	P	P	X	X	X	S X	X	See §18.42.040 for PUD-VC zone
537	Office with indoor or outdoor vehicle storage not otherwise classified	X	X	X	X	P	P	P	X	P	P	X	X	U	U	X	See §18.42.040 for PUD-VC zone
538	Parking lot, garage	X	X	X	X	P	P	P	P	P	P	X	X	S X	S X	X
540	Vehicle leasing with outdoor vehicle storage	X	X	X	X	P	P	P	X	P	P	X	X	S X	S X	X
	Waste management
554	Privately-owned refuse transfer station	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
556	Privately-owned refuse storage, disposal	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
557	Privately-owned recycling facility	X	X	X	X	X	X	S X	X	X	X	X	X	X	S X	X
558	Septic pumping business with vehicle storage	X	X	X	X	X	X	P	X	X	X	X	X	X	S X	X
560	Wood waste product composting	X	X	X	X	X	P	P	X	X	X	X	X	X	X	X
562	Junkyard	X	X	X	X	X	X	P	X	X	X	X	X	X	X	X	See Ch. 5.24
566	Solid waste incineration or combustion	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
60	CONTRACTING, AUTOMOTIVE, WHOLESALE
	Contracting
602	Construction trades contractor	X	X	X	P	P	P	P	X	P	P	S X	X	S X	S X	X
604	Fuel sales and delivery	X	X	X	S X	P	P	P	X	X	X	X	X	X	X	X
605	Propane gas sales and delivery	X	X	X	S	P	P	P	X	X	X	X	X	X	S	X
606	Maintenance services	X	X	X	P	P	P	P	P	P	P	X	X	U	U	X
	Automotive
622	Vehicle repair, auto body shop	X	X	X	X	P	P	P	X	X	P	X	X	X	X	X	See §18.36.090
624	Vehicle service station with convenience store	X	X	X	X	S X	S X	S X	S X	S X	S X	X	X	X	X	X	See §18.36.090
626	Vehicle service station with body or automotive repair shop	X	X	X	X	S X	S X	S X	S X	P	S X	X	X	X	X	X	See §18.36.090 See §18.42.040 for PUD-VC zone
628	Car wash	X	X	X	X	P	P	P	X	P	P	X	X	X	S X	X
	Wholesale
642	Warehouse sales with indoor storage only	X	X	X	X	P	P	P	X	P	P	X	X	S X	U	X	See §18.42.040 for PUD-VC zone
644	Warehouse sales with outdoor storage	X	X	X	X	X	P	P	X	P	P	X	X	X	S X	X	See §18.42.040 for PUD-VC zone
70	PROFESSIONAL & PERSONAL SERVICES
	Professional services
702	Professional offices	X	X	X	P	P	P	P	P	P	P	P	X	U	U	X
704	Bank, financial institution	X	X	X	S X	P	P	P	P	P	P	P	X	U	U	X	See §18.16.030 for drive-thru window
706	Motion picture, sound recording studio	X	X	X	X	P	P	P	X	P	P	X	X	U	U	X
710	Business offices not otherwise specified	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
	Personal services
732	Hotel, motel	X	X	X	P	S X	P	X	P	P	P	X	X	S X	S X	X
733	Guest cottages	X	X	X	X	X	X	X	X	X	X	X	X	U	U	X
734	Health-related services	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
736	Personal services	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
738	Retail services	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
740	Repair services	X	X	X	S X	P	P	X	P	P	P	S X	X	S X	U	X
752	Pet grooming	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
754	Dog boarding or breeding kennel	S X	S X	X	X	X	P	X	P	X	P	X	S X	S X	U	X	See §18.16.030; §18.20.060
756	Pet cemetery	X	X	X	X	X	P	P	X	X	P	X	S X	X	X	X	See §18.20.060
762	Laundry, laundromat	X	X	X	S X	P	P	P	P	P	P	X	X	X	X	X
764	Dry cleaner, drop off and pick up only	X	X	X	P	P	P	X	P	P	X	P	X	U	U	X	See §18.16.030 for drive-thru window
765	Dry cleaner, on-site cleaning facility	X	X	X	X	X	X	S X	X	X	X	X	X	X	X	X	See §18.16.030 for drive-thru window
772	Self storage facility	X	X	X	X	X	P	P	X	P	P	X	X	X	S X	X
774	Equipment rental with on-site outdoor storage	X	X	X	X	P	P	P	X	P	P	X	X	X	S X	X
776	Funeral home, mortuary	X	X	X	S X	P	P	X	P	P	P	X	X	X	X	X
80	RETAILERS, RESTAURANTS
802	Supermarket	X	X	X	X	P	P	X	P	P	X	X	X	X	S X	X	See Ch. 18.08
804	Specialty food store	X	X	X	P	P	P	X	P	P	X	P	X	U	U	X
812	Pharmacy	X	X	X	X	P	P	X	P	P	X	S X	X	U	U	X	See § 18.16.030 for drive-thru window
814	Convenience store	X	X	X	S X	P	P	X	P	P	P	S X	X	U	U	X
816	General retailer in a building less than 20,000 sq. ft. gross floor area	X	X	X	P	P	P	P	P	P	X	P	X	U	U	X
817	General retailer in a building 20,000 sq. ft. or more gross floor area	X	X	X	X	X	P	P	X	P	X	X	X	X	S X	X	See “large scale retail development” in §18.08.010; §18.20.050
820	Package store	X	X	X	S X	P	P	P	P	P	X	S X	X	U	U	X
822	Cannabis retailer	X	X	X	S X	P	P	P	P	P	X	X	X	U	U	X	See Ch. 18.08
832	Farm, gardening, or landscaping supplies, including plants, seed, mulch, stone	X	X	X	S X	P	P	P	P	P	X	S X	X	X	S X	X	See §18.20.060
834	Lumber, construction materials	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X
842	Vehicle sales, service	X	X	X	X	P	P	P	X	X	P	X	X	X	X	X
852	Flea market; outdoor sales of new or used goods	X	X	X	S X	P	P	P	P	P	P	X	X	U	U	X
854	Artisan studio	X	X	X	P	P	P	P	P	P	X	P	X	S X	S X	X
856	Farmers’ market	P	P	X	P	P	P	X	P	P	P	P	U	U	U	X	See § 18.36.140
862	Bar, lounge, tavern	X	X	X	P	P	P	X	P	P	X	S X	X	U	U	X
863	Microbrewery	X	X	X	P	P	P	P	P	P	X	P	X	X	X	X
864	Restaurant serving alcoholic beverages	X	X	X	P	P	P	P	P	P	X	P	X	U	U	X
866	Eating place, no service of alcoholic beverages	X	X	X	P	P	P	P	P	P	P	P	X	U	U	X	See §18.16.030 for drive-thru window
870	Retail uses not otherwise classified	X	X	X	X	P	P	X	P	P	X	S X	X	X	S X	X
90	MANUFACTURING & EXTRACTIVE
	Manufacturing
902	Food, beverage manufacturing, processing	X	X	X	X	X	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
904	Winery	X	X	X	S X	P	P	P	X	X	X	S X	P	X	S X	X
905	Winery at a vineyard	S X	S X	X	X	P	P	X	X	X	X	P	S X	S X	S X	X
906	Brewery	X	X	X	X	S X	S X	S X	S X	S X	S X	S X	X	X	X	X
910	Millwork, wood products, furniture manufacturing	X	X	X	X	S X	S X	P	P	P	P	S X	X	X	X	X	See §18.42.040 for PUD-VC zone
912	Sawmill	X	X	X	X	X	X	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
914	Commercial printing, manufacture of paper products	X	X	X	X	P	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
918	Textile manufacturing, processing	X	X	X	X	X	S X	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
920	Metals fabrication, machinery manufacturing	X	X	X	X	X	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
924	Cannabis business	X	X	X	X	P	P	P	X	P	P	X	X	U	U	X	See Ch. 18.08 See §18.42.040 for PUD-VC zone
930	Pharmaceutical, chemical product manufacturing	X	X	X	X	X	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
932	Glass manufacturing or processing	X	X	X	X	X	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
934	Rubber, plastic, petroleum products manufacturing	X	X	X	X	X	X	SX	X	X	X	X	X	X	X	X
938	Electronics, scientific equipment manufacturing	X	X	X	X	P	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
952	Producing, processing mulch, compost, potting soil, soil amendments	X	X	X	X	P	P	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
954	Concrete manufacturing	X	X	X	X	X	S X	P	X	X	S X	X	X	X	X	X
958	Manufacturing or processing not otherwise classified	X	X	X	X	X	X	S X	X	X	S X	X	X	X	X	X
962	Warehousing, general storage	X	X	X	X	X	P	P	X	P	P	X	X	X	S X	X	See §18.42.040 for PUD-VC zone
	Extractive
972	Gravel, earth removal	X	X	X	X	X	X	P	X	X	X	X	X	X	X	X
974	Rock quarrying	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
975	Extraction of coal, ore, petroleum, gases	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
976	Processing of extractive materials	X	X	X	X	X	X	P	X	P	P	X	X	X	X	X	See §18.42.040 for PUD-VC zone
980	Extraction of water for off-site commercial or industrial use	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X

§ 18.16.020 Use code descriptions

The following descriptions are intended to assist the zoning enforcement officer in applying the use code table in 18.16.010 by illustrating the range of specific uses covered by each use code. The descriptions are not intended to be exclusive. Specific dimensional requirements for some uses are contained in chapter 18.20, dimensional regulations, and in chapter 18.36, special regulations.

112 Community residence. A group home or residential facility where children or adults live in a family setting and may or may not receive supervised care; or transitional housing for the homeless or victims of abuse. It does not include halfway houses or substance abuse treatment facilities. See R.I. Gen. Laws §§ 45-24-31(16) and 45-24-37(b).

210 Keeping, breeding domestic livestock other than swine. Includes accessory uses such as spraying, dipping, shearing, and shoeing.

212 Horticulture. Includes growing of vegetables, grain, hay, fruit, turf, trees, flowers, herbs, mushrooms, and ornamental plants.

214 Indoor horticulture. Commercial cultivation of plants, including but not limited to vegetables, fruit, flowers, herbs. mushrooms, and ornamental plants in a fully-enclosed structure.

(Ord. dated 1-2-18; Ord. dated 2-18-20)

308 Cemetery. Does not include historical family burying grounds on private property that were established before 1900.

(Ord. dated 7-20-21)

310 Municipal or quasi-municipal public safety or other facilities. Includes police stations, fire stations, community centers, and animal pounds.

(Ord. dated 7-20-21)

320 Child or adult day care for up to 8 persons. Includes “day care center” as defined in chapter 18.08. It does not include home day care, which is a residential accessory use. See R.I. Gen. Laws § 45-24-31(17).

326 Homeless shelter. A transitional residential facility for more than six unrelated persons or more than three families.

342 Medical treatment facility less than 15,000 sq. ft. gross floor area. Includes urgent care centers and clinics.

402 Indoor recreational facility. Includes a tennis court, swimming pool, bowling, pinball or electronic game arcade, miniature golf, and a pool or billiards hall.

406 Outdoor recreational facility. Includes tennis court, swimming pool, miniature golf, skating rink, driving range, and mechanical rides and amusements.

408 Golf course. Includes a clubhouse that may contain a restaurant or a function facility serving alcoholic beverages.

410 Equestrian academy and equestrian boarding or breeding facility. Defined in Ch. 18.31; constitutes a principal use whether or not it is located on the same premises as a residence.

414 Health club. A commercial or nonprofit indoor facility that may have a swimming pool, exercise equipment, courts for tennis or other racquet sports, studios for yoga or aerobic exercise, and classrooms for non-academic instruction.

420 Recreational campground. Includes restaurants, dining facilities, indoor and outdoor recreational facilities, convenience store, all of which are open only to campers and their guests, as accessory uses to the principal campground use.

424 Seasonal camp. A recreational or educational facility for children or adults operated between May and October. The facility may include permanent structures for dining and sleeping.

434 Wildlife refuge. An area reserved for the protection of wildlife. Wildlife means species of animals occurring naturally, either presently or historically, within the boundaries of the State of Rhode Island, regardless of where the animal originated. See R.I. Code of Regulation § 250-RICR- 40-05-3.6. A fully-enclosed building in which wild animals are rehabilitated is not a wildlife refuge.

435 Conservation area. An undeveloped area set aside for preservation of land in its natural state. The use does not include construction of buildings.

444 Place of worship. Includes accessory facilities such as classrooms for religious instruction, offices, and meeting rooms.

446 Private club. Includes meeting halls or lodges of fraternal or cultural organizations that may be rented for private functions.

460 Theater or other indoor privately-owned facility open to public. Does not include businesses such as restaurants or lounges that offer entertainment as an accessory use.

465 Motocross facility. A site for motorcycle racing on enclosed off-road circuits.

(Ord. dated 9-5-23)

502 Power generation. Includes hydroelectric, cogeneration, or other plants or facilities that produce power.

506 Solar energy system. A facility that collects energy from the sun and converts it into electrical power as a principal use of a property. This use does not include accessory solar energy systems.

532 Transportation terminal. A facility where buses, trucks, or other motor vehicles are parked and where passengers may board or disembark or freight may be loaded or unloaded, with associated offices and warehouses; includes private courier or delivery services, taxi services, and limousine services.

540 Vehicle leasing. Vehicles include automobiles, utility trailers, trucks, and recreational vehicles; use includes vehicle storage on site.

557 Privately-owned recycling facility. An indoor or enclosed facility where recyclable material is collected, sorted, and prepared for shipment by baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding or cleaning. The facility must be licensed by the department of environmental management. Cleaning with solvents or water is prohibited.

(Ord. dated 7-19-16)

562 Junkyard. Includes automobile junkyards where unserviceable or junked automobiles, auto bodies, engines, tires, parts, or accessories of junked automobiles, are stored, and automobile wrecking and salvage yards licensed by the department of business regulation.

602 Construction trades contractor. Includes a business office and indoor or outdoor storage of equipment and vehicles for a carpenter, electrician, plumber, stonemason, landscape contractor, excavator, or other contractor who works primary at an off-site location.

604 Fuel sales and delivery. Includes dealers in heating oil, coal, and wood pellets; fuel storage; and parking for delivery vehicles. (Ord. dated 5-19-26)

606 Maintenance services. Includes a business office and indoor and outdoor storage of equipment and vehicles for contractors who provide maintenance and related services to residential or commercial customers such as janitors, chimney sweeps, gutter cleaners, carpet and floor cleaners, power washers, and exterminators.

622 Vehicle repair, auto body shop. Includes repair of automobiles, boats, recreational vehicles, motorcycles, or farm or construction equipment powered by gasoline, electricity, or propane.

624 Vehicle service station with convenience store. Provides fuel and limited service for vehicles powered by gasoline, electricity, or propane and includes retail sale of a limited number and variety of snack foods, magazines and newspapers, cigarettes, grocery, and general items.

(Ord. dated 7-19-16)

626 Vehicle service station with body or automotive repair shop. Provides fuel and service for vehicles powered by gasoline, electricity, or propane.

(Ord. dated 7-19-16)

642 Warehouse sales with indoor storage only. A business that sells a limited range of merchandise to wholesale customers.

(Ord. dated 7-19-16)

644 Warehouse sales with outdoor storage. A business that sells a limited range of merchandise to wholesale customers at which stock may be stored outdoors.

(Ord. dated 7-19-16)

702 Professional offices. Includes offices of physicians, dentists, counselors, veterinarians, lawyers, accountants, architects, chiropractors, engineers, land surveyors, and real estate sales and management, stockbrokerages, and insurance agencies.

733 Guest cottages. Accommodations for tourists operated on a seasonal basis and occupied by the day, week, month, or season.

734 Health-related services. Includes physical therapy, occupational therapy, speech therapy, acupuncture, massage therapy, audiology, and optometry.

736 Personal services. Include barber shop, beauty shop, day spa, tattoo parlor, body piercing, and tanning parlor.

738 Retail services. Include photography studios, travel agencies, private investigators, security services, locksmiths, florists, interior designers, and printers and copiers.

740 Repair services. Including repair of shoes, clocks, watches, jewelry, electronics, and upholstery.

754 Dog boarding or breeding kennel. A dog boarding kennel is a facility other than a pound or animal shelter where dogs not owned by the proprietor are sheltered, fed, and watered in return for a fee. A dog breeding kennel is a facility where purebred dogs are kept for breeding, stud, and exhibition purposes.

804 Specialty food store. Includes butcher, confectioner, and store selling primarily baked goods, produce, or dairy foods.

812 Pharmacy. Items sold include prescription pharmaceuticals and health and beauty products, over the counter medicines, and small personal appliances such as razors and hair dryers.

814 Convenience store. A store primarily selling snack foods, candy, bottled beverages, coffee, milk, newspapers, magazines, cigarettes, and a limited number of grocery or general items.

816 General retailer. Items sold include durable goods such as furniture, household appliances, machinery, and equipment; personal appliances; electronics; apparel and shoes; toys and sporting goods; and household furnishings such as cookware and linens.

820 Package store. A retailer holding a Class A alcoholic beverage retail license.

842 Vehicle sales, service. Sales of new or used vehicles with vehicle repair as an accessory use.

852 Flea market; outdoor sales of new or used goods. Retail sales at a seasonal or temporary outdoor facility.

854 Artisan studio. A shop where an artist or artisan makes and sells artwork, jewelry, pottery, glass items, sculpture, and other handcrafted items.

862 Bar, lounge, tavern. An establishment holding a Class C alcoholic beverage license. No food is prepared for consumption on the premises.

902 Food, beverage manufacturing, processing. Does not include manufacturing of alcoholic beverages or cannabis products.

914 Commercial printing and binding. Includes lithography, screen printing on textiles, and printing of books and magazines; does not include copying, digital printing.

(Ord. dated 11-19-13; Ord. dated 7-19-16; Ord. dated 9-19-23)

§ 18.16.030 Accessory uses

The following uses are accessory uses to principal uses in the circumstances specified.

A. Bed and breakfast. A bed and breakfast, an owner-occupied home that provides lodging and meals to temporary guests for a fee, is permitted in all zoning districts as an accessory use to a single-household structure. Hosting functions such as weddings for a fee or in conjunction with the bed and breakfast use is prohibited.

B. Boarding house. Renting of a room for a fee to a boarder in an owner-occupied home is permitted in all zoning districts as an accessory use to a single-household structure. No more than two boarders are permitted in a single-family household. Cooking facilities are not permitted in a room occupied by a boarder.

C. Child or adult day care for up to 8 persons or for 8 or more persons. A day care center is permitted as an accessory use to a business or industrial facility.

D. Domestic livestock. The keeping and/or breeding of domestic livestock as an accessory to a residential use in compliance with chapters 18.30 and 6.18 of this Code is permitted in all zoning districts.

E. Dog boarding or breeding kennel. A dog boarding or breeding kennel (use code 754) with five (5) or fewer dogs is allowed as an accessory use to a single-family residence by special use permit in all zoning districts. The minimum lot size is three (3) acres.

F. Drive-through window. One or more drive-through window as an accessory use to a bank or financial institution (use code 704), dry cleaner (use codes 764 and 765), pharmacy (use code 812), or eating place with no service of alcoholic beverages (use code 866) is allowed by special use permit only in zoning districts where the principal use is a permitted use and not a conditionally permitted (special permit) use, and only on a lot that complies with the minimum requirements for lot area, lot width, and lot frontage for the zoning district. An advisory development plan review by the planning board is required for every application for a special use permit for a drive-through window.

G. Farm stand. A farm stand is a retail outlet accessory to a principal horticultural use located on the same lot as the horticultural use or on an adjacent lot at which products not produced on the premises may be sold. Buildings, outside sales areas, and driveways and parking areas shall not occupy a total of more than ten thousand (10,000) square feet.

(Ord. dated 7-19-16)

H. Family cemetery. A cemetery with a maximum area of 10,000 square feet is allowed by special use permit as an accessory use to a single-family or two-family dwelling. An easement must be provided for access to the cemetery from the nearest street.

I. Family day care. Family day care is supervision of no more than eight persons, no more than two of whom are residents of the home. It is permitted in all zoning districts as an accessory to a residential use.

J. Helipad. A helicopter landing pad is allowed as an accessory use to a hospital.

K. Horticulture. Horticulture (use code 212) is permitted as an accessory to a residential use in all zoning districts.

L. Small wind energy system. Prohibited.

M. Individual solar energy system. Solar panels or other solar energy conversion hardware used to convert sunlight into thermal or electric energy is permitted as an accessory to any single residential, commercial, institutional, or industrial use or building to provide energy to that use or building. An off-grid system or an interconnected solar energy system that produces 125% or less of the average annual electric energy utilized by the primary use is accessory to that use.

N. Solar energy system on a commercial farm. A system of solar panels or other solar energy conversion hardware used to convert sunlight into thermal or electric energy is permitted as an accessory to an agricultural operation that occupies ten (10) or more contiguous acres, is owned or operated by an individual or business entity with a state farm tax number, and has earned $2,500 in gross income on agricultural products in each of the preceding two years, provided that all of the following requirements are met:

1. All of the energy produced by the system is sold to a public utility.

2. The system, including fencing or vegetative screening, occupies no more than 50,000 square feet.

3. No prime agricultural soil is removed for construction of the system;

4. The system receives development plan approval. As a condition of development plan approval, the planning board may require the system to be partially or totally concealed from view by a deer-resistant vegetative buffer or a solid fence at least as high as the top of the solar panels.

(Ord. dated 7-19-16; Ord. dated 10-15-19)

O. Private community center or clubhouse. A private community center or clubhouse is a facility owned by residents of a land development project at which access is limited to residents and guests. It may include indoor or outdoor recreational facilities. It is permitted as an accessory use to a residential subdivision or a land development project with residential dwelling units.

P. Privately-owned sewage treatment facility. A privately-owned sewage treatment facility is permitted as an accessory to a permitted use or a special permit use.

Q. Home produce stand. A home produce stand is a stand no larger than three feet high, five feet wide, and eighteen inches deep from which garden produce, fruit, flowers, eggs, or honey grown or produced on the premises may be sold. A home produce stand is permitted as an accessory use to a single-family residence.

(Ord. dated 6-16-15)

R. See Chapter 18.47 for accessory uses permitted on certain farms.

(Ord. dated 7-19-16)

(Ord. dated 11-19-13; Ord. dated 6-16-15; Ord. dated 7-19-16; Ord. dated 10-7-25)

§ 18.16.040 Uses Permitted by Special Use Permit

The following uses are permitted by Special Use Permit when all criteria have been met:

1. Allow underground storage only for LP gas/propane in an ASME-rated underground tank designed, installed, operated, and maintained in accordance with NFPA 58, applicable Fire Code requirements, and local Fire authority review.

2. Do not authorize underground storage of gasoline, diesel, fuel oil, waste oil, solvents, degreasers, pesticides, liquid hazardous materials or hazardous waste.

3. Require corrosion protection, cathode protection testing, proper bedding/backfill, protected risers/appurtenances, emergency shutoffs, impact protection, and fire safety code review.

4. Locate transport, unloading, and bobtail filling on a paved or concrete pad with vehicle-impact protection, marked emergency shutoffs, lighting/signage, written procedures, and spill response materials.

5. Require propane transports, bobtails, and service vehicles to park, stage, load and unload on only on paved or approved impervious surfaces. Prohibit routine parking or filling on gravel, soil, or lawn areas.

6. Prohibit vehicle maintenance, oil changes, hydraulic fluid changes, degreasing, washing, and steam-cleaning unless separately approved in a contained area, with lawful wastewater disposal.

7. Require engineered stormwater controls for paved truck and transfer areas. Avoid direct infiltration from high-risk areas without pre-treatment. Maintain catch basins, sumps, hoods, or treatment units as designed.

8. Maintain a site-specific spill prevention/emergency response plan, employee training, inspection logs, cathodic protection records, and annual APOD compliance certification.

(Ord. dated 5-19-26)

REFERENCES

R.I. Gen. Laws § 45-24-33(a)(24).

§ 18.18 INCLUSIONARY ZONING

Repealed 5/21/24

§ 18.20 DIMENSIONAL REGULATIONS

§ 18.20.070 Repealed 5-21-24

18.20.010 Dimensional requirements. Minimum and maximum dimensional regulations applicable to permitted uses are shown in the following Table, though dimensional regulations for other uses may appear elsewhere in this Title:

(Ord. dated 7-15-08; Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 8-12-14; Ord. dated 1-2-18; Ord dated 3-21-23; Ord. dated 5-21-24; Ord. dated 7-21-26)

18.20.010 – TABLE of DIMENSIONAL REGULATIONS

Zoning District	Use	Lot size (in acres equal to 43,560 sf)	Lot frontage (feet)	Front yard depth (feet)	Rear yard depth (feet)	Side yard depth (feet)	Maximum building coverage
R-3	Single-family dwelling	3	300	50	100	35	10%
	Two-family structure	3	300	50	100	35	10%
R-2	Single-family dwelling	2	200	50	100	35	10%
	Two-family structure	2	200	50	100	35	10%
R-1	Single-family dwelling	1	150	40	60	35	15%
	Two-family structure	1	150	40	60	35	15%
NB	Permitted uses	1	150	20	60	35	25%
GB	Permitted uses	1	150	20	50	35	25%
LI	Permitted uses	2	200	50	100	35	30%
I	Permitted uses	2	200	50	100	35	30%
PUD-VC	Permitted uses	1 acre	100*	10*	20*	10*	75%*
FT	Permitted uses	2	200	50	100	35	30%
SV	Permitted uses	1	150	10	50	25	25%
SV	Permitted uses - with public water supply	20,000 sf	80	10	30	10	25%

§ 18.20.010 Dimensional requirements

– TABLE of DIMENSIONAL REGULATIONS ( Part 2)

Zoning District	Use	Maximum height of primary structure(s) (feet)	Maximum height of accessory structure (feet)	Side and rear yard depth - accessory structure (feet)	Maximum ground floor area - retail uses only (square feet)	Maximum height and number of stories - retail uses only (feet/stories)	Notes
R-3	Single-family dwelling	35	25	20
	Two-family structure	35	25	20
R-2	Single-family dwelling	35	25	15
	Two-family structure	35	25	15
R-1	Single-family dwelling	35	25	10
	Two-family structure	35	25	10
NB	Permitted uses	40	35	10	10,000
GB	Permitted uses	40	35	10	80,000*	40 / 2	*see 18.20.050
LI	Permitted uses	40	35	10	80,000*	2	*see 18.20.050
I	Permitted uses	40	35	10		2
PUD-VC	Permitted uses	60	25	10	-	60 / 4	*For the totality of the project, not per use.
FT	Permitted uses	40	35	10	80,000*	2	*see 18.20.050
PD	Permitted uses	40			65,000*	40 / 2	*see 18.20.050
SV	Permitted uses	40	35	10*			*see 18.20.050

§ 18.20.020 Supplemental dimensional regulations

A. Required minimum lot frontage shall be continuous.

B. Dimensional variances can be issued for uses permitted by special use permit.

(Ord. dated 3-31-26)

C. Lots with less than three hundred (300) feet of frontage shall have a depth to width ratio not exceeding 2.5 to 1, and side lot lines shall be within fifteen degrees (15°) of perpendicular with street lines, or radial to curved street lines. This requirement does not apply to lots in a conservation development.

D. In residential zoning districts, the frontage of a lot on a cul de sac or hammerhead shall be a minimum of 150 feet and shall be measured at the building setback line.

E. For the purpose of determining compliance with dimensional regulations, ramps constructed to provide handicapped individuals with access to buildings shall not be considered structures or additions to structures.

F. Spires, belfries, steeples, flagpoles, chimneys, water standpipes, and radio and television antennae for residential use are exempt from the maximum height regulations in all zoning districts.

G. Barns, silos, and other accessory structures located on farms are exempt from the maximum height regulations in all zoning districts. For the purposes of this subsection, a farm is a business that has a State of Rhode Island farm tax number, and that earns at least ten thousand dollars ($10,000) gross income on farm products annually on property in Richmond defined as either farm, forest or open space land pursuant to title 44, chapter 27 of the general laws.

H. In residential zoning districts, no accessory structure shall be placed in a required front yard. The space in a required front yard shall be open and unobstructed with the following exceptions:

1. Windowsills, cornices and other architectural features may extend into a front yard.

2. Vegetation including trees and shrubbery, fences, and terraces may be located in a front yard.

I. Lots not created for present or future development may be created without frontage, provided that access is provided by easement, and provided that such a lot is identified on the Final Plat by the words “Not for Development.”

J. Notwithstanding the provisions of Section 18.20.010, when the building setbacks of the developed lots on either side of an undeveloped lot do not satisfy the minimum front yard requirements of this title, the building setback on the undeveloped lot may be equal to the average of the building setbacks of the lots on either side.

K. Dimensional regulations applicable to nonconforming lots are in Chapter 18.48 of this Title.

L. The required side and rear setbacks for accessory structures with a ground floor area greater than six hundred (600) square feet or that are greater than one story shall be the same as for a principle structure.

M. In the Planned District Development district, the R2 dimensional regulations apply to single family residential uses, and General Business dimensional regulations apply to commercial uses, unless the planning board varies the regulations in an approved planned district development.

N. Freshwater wetlands, flood hazard areas, easements for above-ground utilities, and land with ledge or rock outcrops within four feet of the surface may be included in any lot but shall not make up any part of the minimum lot area. Land shall not be excluded from minimum lot area, nor shall it be considered “land unsuitable for development” solely on account of its natural gradient.

(Ord. dated 7-15-08; Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 7-20-21; Ord. dated 5-21-24)

§ 18.20.030 Regulations applicable to conservation developments

The dimensional regulations for conservation developments are in Chapter 18.41 of this Title.

(Ord. dated 7-15-08; Ord. dated 9-7-10; Ord. dated 11-19-13)

§ 18.20.040 Regulations applicable to cluster subdivisions

R egulations applicable to cluster subdivisions.

A. The minimum dimensional requirements for lots in cluster subdivisions that were approved between 1985 and 2003 and recorded in the land evidence records, except for the lots identified in subsection B, are shown in Table 18.20.040A.

TABLE 18.20.040 A

Use

Lot area

Lot frontage

Front yard depth

Rear yard depth

Side yard

depth (each)

Single family dwelling

40,000 sq. ft.

100 feet; 70 feet on a cul de sac

30 feet

40 feet

25 feet

B. The following lots have the minimum dimensional requirements in Table 18.20.040B:

Assessor's Plat 8C: Lots 60-7, 60-8, 60-9, 60-10, 60-11, 60-12, 60-13, 60-14, 60-15, 60-16, 60-17, 60-18, 60-19, 60-20, 60-21, and 60-22; Assessor's Plat 7C: Lots 2-1, 2-2, 2-3, 2-4, 2-5, 2-6; 2-23, 2-24; 2-25, 2-26, 2-27, 2-28, 2-29, 2-30, 2-31, 2-32, 2-33, 2-34, 2-35; and 2-56, 2-57, 2-58, and 2-59; Assessor's Plat 7D: Lots 1-36, 1-37, 1-38, 1-39, 1-40, 1-41, 1-42, 1-43, 1-44, 1-45, 1-46, 1-47, 1-48, 1-49, 1-50, 1-51, 1-52, 1-53, 1-54, and 1-55.

TABLE 18.20.040 B

Use	Lot size	Lot frontage	Front yard depth	Rear yard depth	Side yard depth (each)
Single family dwelling	40,000 sq. ft.	70 feet	35 feet	45 feet	25 feet

C. The side and rear yard setback for accessory structures in approved cluster subdivisions is ten (10) feet.

D. The maximum height for principal and accessory structures and the maximum percentage of lot coverage in approved cluster subdivisions are those in the underlying zoning district.

(Ord. dated 11-19-13)

§ 18.20.050 Regulations applicable to large-scale retail development

A. The maximum ground floor area in section 18.20.010 shall apply to individual retail stores and also shall apply to the cumulative ground floor area of related or successive permits for retail stores that are part of a unified project, such as incremental additions to a building, or multiple buildings on one lot or on adjacent lots.

B. The ground floor area of adjacent stores shall be aggregated in cases where the stores are engaged in the selling of similar or related goods or services and operate under common ownership or management; share checkout stands, a warehouse, or a distribution facility; or otherwise operate as associated, integrated, or co-operative business enterprises.

C. In addition to the maximum ground floor area for retail uses, no more than ten thousand (10,000) square feet shall be devoted to exterior retail sales areas, regardless of their use.

(Ord. dated 9-7-10)

D. This section, Section 18.20.050, shall not apply to retail uses within the PUD-VC Zoning District.

(Ord. dated 7-21-26)

§ 18.20.060 Dimensional regulations for particular uses

A. Cemeteries (use code 308) and pet cemeteries (use code 756) shall have a minimum lot size of ten (10) acres, excluding wetlands. Internal driveways shall be no closer than one hundred (100) 100 feet to side and rear property lines.

B. Dog boarding or breeding kennels (use code 754), except those in the PD and PUB zoning districts, shall be located on a lot having a minimum area of ten (10) acres, excluding wetlands. Dog boarding or breeding kennels in the PD zoning district shall be located on a lot having a minimum area of four (4) acres, excluding wetlands. All buildings and outdoor runs or exercise areas associated with the kennel use shall be at least one hundred fifty (150) feet from any lot line.

C. Facilities that produce or process mulch, compost, potting soil, or soil amendments (use code 952) shall have a minimum lot size of twenty-five (25) acres, excluding wetlands. Outdoor storage or processing of material shall take place no closer than one hundred (100) feet from any lot line. Structures containing equipment or material shall be located no closer than one hundred (100) feet from any lot line if the adjacent property is in a residential or PUD-VC zoning district.

(Ord. dated 11-19-13)

D. The following dimensional regulations apply to the following use codes in the zoning district where those use codes are permitted:

(Ord. dated 1-2-18; Ord. dated 2-18-20; Ord. dated 7-20-21; Ord. dated 5-21-24)

TABLE 18.20.060 D (Part 1)

Use code	Use	Lot size (in acres of 43,560 s.f.)	Lot frontage (feet)	Front yard depth (feet)	Rear yard depth (feet)	Side yard depth (feet)
210	Keeping, breeding domestic livestock	3	300	50	100	35
214	Indoor horticulture	3	300	50	100	35
408	Golf course	3	300	50	100	35
409	Fairgrounds	3	300	50	100	35
432	Park, botanical garden open to public	3	300	50	100	35

TABLE 18.20.060 D (Part 2)

Use code	Use	Maximum building coverage	Maximum ht. main structure (ft)	Maximum ht. accessory structure (ft)	Side, rear yard depth accessory structure (ft)	Notes
210	Keeping, breeding domestic livestock	10%	40	30	20	Applies in R-2 and R-3 zoning districts
214	Indoor horticulture	10%	35	25	20	Applies in R-1, R-2, R-3 zoning districts
408	Golf course	10%	35	25	20	Applies in R-2 and R-3 zoning districts
409	Fairgrounds	10%	35	25	20	Applies in R-2 and R-3 zoning districts
432	Park, botanical garden open to public	10%	35	25	20	Applies in R-1, R-2 and R-3 zoning districts

REFERENCES

R.I. Gen. Laws § 45-24-33(a)(4); Code § 18.48.010, ch. 18.41, ch. 18.59.

§ 18.21 AQUIFER PROTECTION OVERLAY DISTRICT

§ 18.21.010 Purpose

A. The town of Richmond obtains all of its potable water from the Wood-Pawcatuck River basin watershed aquifer. The U.S. environmental protection agency has designated the aquifer as a sole-source aquifer, and the U.S. Congress has designated the Wood and Pawcatuck Rivers as wild and scenic rivers. The purpose of the aquifer protection overlay district is to protect the public health, safety and welfare by maintaining the quality of the groundwater that provides all of the town’s water supply.

B. The requirements applicable to the overlay district are in addition to those of the underlying zoning district. In the case of a conflict between the requirements of the overlay district and those of the underlying zoning district, the more restrictive requirements shall apply.

(Ord. dated 7-18-23)

§ 18.21.020 District boundaries

A. The boundaries of the aquifer protection overlay district are identical to those established by the R.I. department of environmental management to delineate the boundaries of the Pawcatuck basin aquifer, wellhead protection areas, and groundwater recharge areas.

B. Within the aquifer overlay protection district, there are two subdistricts that provide for different levels of groundwater protection:

1. The aquifer and all wellhead protection areas shall comprise subdistrict A.

2. The groundwater recharge areas shall comprise subdistrict B.

C. Uses permitted, allowed by special use permit, and prohibited in each subdistrict are shown in Chapter 18.16 of this Title.

D. The boundaries of the aquifer protection overlay district and its two subdistricts are shown on the official zoning map in the custody of the town clerk. The requirements of this Chapter apply only to the property included within those boundaries, regardless of the location of lot lines or zoning district lines, unless otherwise specifically provided.

(Ord. dated 7-18-23)

§ 18.21.030 Definitions

The following words have the following meaning when used in this Chapter.

Aquifer. A geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable material to yield significant quantities of water to wells and springs.

Containment area. A separate area with an impervious floor, covered by a roof, and surrounded on all sides by an impervious barrier intended to prevent substances from flowing in or out.

Groundwater. Underground water that completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures.

Groundwater recharge area. The land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic

conditions.

Hazardous material. A solid, semi-solid, liquid, or gaseous material that, because of its quantity, concentration, or physical or chemical characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment. Hazardous materials include materials defined as hazardous substances by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), materials defined as hazardous waste by the department of environmental management rules and regulations for hazardous waste management (250-RICR-140-10-1), and petroleum products as defined by the department of environmental management rules and regulations for underground storage facilities used for regulated substances and hazardous materials (250-RICR-140-25-1). Hazardous materials include, but are not limited to, petroleum products, fertilizers, pesticides, and other substances in one or more of the following categories:

1. Ignitable. A gas, liquid or solid that may cause fire through friction or absorption of moisture, or a gas, liquid or solid that has a low flash point.

2. Carcinogenic. A gas, liquid, or solid that is considered by the U.S. environmental protection agency or the R.I. department of environmental management to cause cancer or genetic mutation.

3. Explosive. A reactive gas, liquid or solid that will react uncontrollably if exposed to heat, shock, pressure or any combinations thereof.

4. Toxic. A gas, liquid, or solid that endangers the life or health of any living thing coming into contact with it through a single exposure or repeated exposure.

5. Corrosive. An acid or alkaline material that will cause severe damage to human tissue or is capable of destroying containers of hazardous material and causing the release of their contents.

Wellhead protection area. The critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach the well or wellfield.

Zone of saturation. The subsurface zone in which all open spaces are filled with water.

(Ord. dated 7-18-23)

§ 18.21.040 Compliance

A. No land shall be used and no structure shall be erected or renovated in the overlay district except in compliance with this Chapter.

B. Failure to maintain any use or structure in compliance with the requirements of this Chapter or in compliance with conditions imposed by the planning board or the zoning board of review shall be considered a violation of this Chapter.

(Ord. dated 7-18-23)

§ 18.21.050 Development standards

All new structures in the overlay district, and all renovations of existing structures in the overlay district for which a building permit is required, shall comply with the following standards. All standards apply to the entire overlay district unless otherwise specified.

A. Sink drains. In any building where hazardous materials are likely to enter sinks, all sinks shall be directly connected to an above-ground holding tank separated from the onsite wastewater treatment system. The applicant shall submit details of the tank construction and conveyance system design, information about controls and alarm systems, and a service contract for pump-out and off-site disposal.

B. Floor drains. New structures shall be constructed with floor drains that empty into an above-ground holding tank separated from the onsite wastewater treatment system. The applicant shall submit details of the tank construction and conveyance system design, information about controls and alarm systems, and a service contract for pump-out and off-site disposal.

C. Indoor storage of hazardous materials. Every indoor area where hazardous materials will be stored shall be enclosed by a secondary containment system with a capacity of 110% of the volume of material in the storage area.

D. Outdoor storage of hazardous materials. Every outdoor area where hazardous materials will be stored shall have a roof, shall be enclosed on three sides, and shall be constructed to prevent precipitation from flowing into the area. If the area will be used to store liquid materials, the area shall be designed to hold 110% of the liquid stored inside it. This standard shall not apply to propane gas sales and delivery. (Ord. dated 5-19-26)

E. Loading areas. All loading areas where hazardous materials will be handled shall be enclosed by a roof and two sides to prevent precipitation from entering the area. This standard shall not apply to propane gas sales and delivery. (Ord. dated 5-19-26)

F. Dumpsters. Dumpsters shall have drain plugs intact and shall be covered or located under a roof.

G. Exterior catch basins. All exterior catch basins, trench drains, and other conveyance systems for collecting and managing stormwater shall be equipped with sumps and water quality hoods to prevent discharge of spilled oil or petroleum products.

H. Above-ground storage tanks. Every interior and exterior above-ground storage tank for fuel or heating oil, except those in single-family and two-family residential structures, shall include a secondary containment system with a capacity that is 110% of the tank volume. The system shall include a dedicated basin, tub or tray specifically manufactured for use as a secondary containment area for petroleum products.

I. Underground storage tanks. Installation of new underground storage tanks for hazardous materials, except those used for storage of propane, is prohibited.

(Ord. dated 7-18-23; Ord. dated 5-19-26)

§ 18.21.060 Development plan review

A. The purpose of development plan review of uses in the aquifer overlay protection district is to ensure that all changes in the nature and intensity of land use are designed and constructed in a way that will minimize impact on the aquifer.

(Ord. dated 5-21-24)

B. Development plan review pursuant to Chapter 18.54 of this Title is required for:

1. Development of all new principal uses and accessory uses that are permitted by right, except single-family detached dwellings and two-family structures.

2. Construction of all new structures that are permitted by right, except single-family detached dwellings, two-family structures, and structures in major and minor subdivisions and land development projects.

3. All changes of use from one permitted use code to another permitted use code, and all changes from a non-conforming use to a permitted use.

(Ord. dated 5-21-24)

C. The following information shall be submitted with a development plan review application:

1. The name and quantity of every hazardous material that will be used or stored on the premises, the location where it will be used or stored, and a material safety data sheet for each hazardous substance.

2. For all buildings and uses where hazardous materials will be used or stored, a spill prevention plan and a hazardous waste contingency plan that complies with the department of environmental management rules and regulations for hazardous waste management (250-RICR-140-10-1).

3. Proposed water source and estimated volume of water use, including fire protection flow demands.

4. Documents illustrating how the proposed use or uses and structure or structures will comply with the requirements of this Chapter.

D. The administrative officer or the technical review committee shall have the authority to review and approve applications for development plan review that involve only changes in use code or minor alterations to existing structures. The applicant shall have the right to request planning board review of any conditions imposed by the administrative officer or the technical review committee on the administrative approval.

(Ord. dated 5-21-24)

E. The administrative officer, the technical review committee, or the planning board shall have the authority to impose conditions on development plan approval that are intended to maintain groundwater quality and to minimize groundwater withdrawal. The conditions shall be based on competent evidence in the record, and the decision shall include findings of fact to support the imposition of conditions.

(Ord. dated 5-21-24)

§ 18.21.070 Minor subdivision and land development project approval

Minor subdivision and minor land development project approval.

A. Minor land development project approval is required for all special-use permit uses in the aquifer protection overlay district, including special-use permits for enlargement, expansion, or intensification of legal nonconforming uses other than single-family detached dwellings or two-family structures, if the special-use permit use involves the construction of 7,500 square feet or less of new commercial, manufacturing, or industrial development; or an expansion of up to 50% of existing floor area of a commercial, manufacturing, or industrial use; or an expansion of up to 10,000 square feet of a commercial, manufacturing, or industrial structure. A special-use permit use that involve more extensive construction or development requires approval as major land development project. The planning board will hear the applications for minor or major land development project approval and the special use permit together under unified development review.

(Ord. dated 5-21-24)

B. The following information shall be submitted with an application for minor subdivision and minor land development project approval:

1. The name and quantity of every hazardous material that will be used or stored on the premises, the location where it will be used or stored, and a material safety data sheet for each hazardous substance.

2. For all buildings and uses where hazardous materials will be used or stored, a spill prevention plan and a hazardous waste contingency plan that complies with the department of environmental management rules and regulations for hazardous waste management (250-RICR-140-10-1).

3. Proposed water source and estimated volume of water use, including fire protection flow demands.

4. Documents illustrating how the proposed use or uses and structure or structures will comply with the requirements of this Chapter.

(Ord. dated 5-21-24)

C. The planning board shall have the authority to require an applicant for minor subdivision and minor land development project approval to submit a nitrate loading analysis to evaluate the potential impacts on the parcel and surrounding parcels if there is a reasonable basis to believe that past uses, current uses, or proposed uses of the property could significantly increase the nitrate level of the groundwater. The analysis should compare the existing and proposed nitrate load concentrations to the maximum contaminant level of 10 milligrams per liter (10 mg/L) established by the U.S. environmental protection agency. The analysis shall be submitted after a pre-application conference and shall be peer-reviewed before development plan review takes place.

(Ord. dated 5-21-24)

D. The planning board shall have the authority to impose conditions on approval of a minor subdivision or minor land development project that are intended to maintain groundwater quality and to minimize groundwater withdrawal. The conditions shall be based on competent evidence in the record, and the planning board shall make findings of fact to support the imposition of conditions.

(Ord dated 5-21-24)

E. The planning board shall have the authority to require peer review of any technical submission. The applicant shall bear the cost of such review. The administrative officer shall obtain an estimate of the cost of the review and the applicant shall pay a project review fee adequate to cover the estimated cost. Section 11.3.2 of the land development and subdivision regulations shall govern the manner in which the fees are collected and refunded and the applicant’s right to request an account balance or request a different peer reviewer.

(Ord. dated 7-18-23)

§ 18.21.080 Major subdivision and major land development project approval – hazardous materials

A. For every major land development project that includes buildings or uses where hazardous materials will be used or stored, the following information shall be provided with the Master Plan submission:

1. The name and maximum quantity of every hazardous material that will be used or stored on the premises and the location where it will be used or stored.

2. A spill prevention plan and a hazardous waste contingency plan that complies with the department of environmental management rules and regulations for hazardous waste management (250-RICR-140-10-1).

The planning board shall have the authority to impose conditions on approval that are intended to prevent groundwater contamination.

(Ord. dated 7-18-23; Ord. dated 5-21-24)

§ 18.21.090 Major subdivision and major land development project approval – hydrogeologic evaluation

Major subdivision and major land development project approval -- hydrogeologic evaluation.

A. At Master Plan submission, the applicant shall submit a preliminary hydrogeologic evaluation of the property to determine whether any conditions are present that would affect the quality of the groundwater, based on observation and examination of available public data, and to determine how the proposed development will affect the quality and quantity of the groundwater.

B. The preliminary hydrogeologic evaluation shall be prepared by a registered professional engineer with advanced training in hydrogeology.

C. The preliminary hydrogeologic evaluation should include:

1. A site visit to observe the general condition of the property and surrounding properties, including use of the property, topography, utilities, bedrock outcrops, and wetlands and water bodies.

2. Examination of public records including historical aerial photographs and records of existing septic systems and wells.

3. Determination of the current and past uses of the property and whether there are any known concerns about water quality or quantity or past contamination.

4. A geological assessment including groundwater classification, groundwater flow direction, contributing watersheds, bedrock, soil types, and soil strata, thickness, and composition.

5. A description of the surface water and watershed characteristics.

6. Test pit and percolation test results, with a site plan showing the test locations.

7. A nitrate loading analysis to evaluate the potential impacts on the parcel and surrounding parcels. The analysis should compare the existing and proposed nitrate load concentrations to the maximum contaminant level of 10 milligrams per liter (10 mg/L) established by the U.S. environmental protection agency.

8. The Site Context Plan, Existing Conditions and Resources Plan, and Development Overlay Plan submitted with the Master Plan application, supplemented as necessary to show hydrogeologic features.

D. A peer-reviewed preliminary hydrogeologic evaluation shall remain valid for the purpose of land development project approval unless there is a substantial change in conditions at or near the site that could affect groundwater quality, including but not limited to new construction, installation of onsite wastewater treatment systems or wells, or hazardous material spills or other environmental events that could affect soil or groundwater.

(Ord. dated 7-18-23; Ord. dated 5-21-24)

§ 18.21.100 Minor subdivision and minor land development project approval and major subdivision and major land development project approval -- well field test

A. If the proposed development anticipates maximum groundwater use of 4,600 gallons a day or greater, if wells will be closer than 200 feet to each other, if industrial development is proposed, or if the Planning Board finds, based on the peer review of the preliminary hydrogeologic evaluation, that the proposed development could have a significant impact on the quality or quantity of the groundwater at the property or adjacent properties, the applicant shall carry out a well field test. The purpose of the well field test is to conduct pumping tests to determine available yield and groundwater flow direction, and to demonstrate that wells on the property will produce potable water. Pumping test data must be plotted, interpreted, and analyzed. The method of analysis and the resulting aquifer properties, including well yield, specific capacity, transmissivity, and storage, must be described. The analysis shall be submitted with the Preliminary Plan application.

(Ord. dated 7-18-23; Ord. dated 5-21-24)

B. The following requirements apply to well field tests:

1. Test wells shall be drilled bedrock wells unless overburden wells are planned for the proposed development.

2. For residential development, one well is required for 2 to 4 units, two wells are required for five to ten units, three wells are required for eleven to twenty-four units, four wells are required for twenty-five to fifty units, five wells are required for fifty-one to seventy-five units, and six wells are required for seventy-six to one hundred units.

(Ord. dated 5-21-24)

3. For residential development, the test well should be located throughout the property in a way that will accurately reflect the hydrogeologic conditions throughout the site. For commercial or industrial development, the test well shall be located at the proposed location of the water supply well. Wells must be located so that well water is discharged a sufficient distance away from other test wells to prevent inaccurate readings.

4. Construction of test wells must comply with applicable State regulations and must be supervised by a qualified engineer, geologist or hydrologist who will record detailed site geology information during installation.

5. Pumping tests should be carried out at all test wells. Before pumping tests take place, wells should be free of sand and mud. Discharge water should be checked periodically for sediment during the test. Excessive sediment indicates that the well needs additional development.

6. Initial step drawdown pumping tests appropriate for the proposed use should be performed in all test wells to estimate well yields and to determine the optimum rate for a constant rate pumping test. The step drawdown pumping tests should include a minimum of four pumping intervals consisting of a minimum period of thirty minutes each. The constant rate pumping tests should begin with a static water level and should be performed at a fixed pumping rate (plus or minus 5%) for a minimum of eight hours for residential development, and forty-eight hours for commercial or industrial development.

7. Before a constant rate pumping test, test wells should be sufficiently recovered. When a constant rate pumping test is taking place on one well, other test wells should be used as observation wells, with drawdown and recovery times recorded. A pumping test should include regular water level measurements during and after pumping until 95% recovery occurs, or until sufficient data have been collected to establish a recovery curve. Water levels should be continuously monitored at an appropriate frequency in pumping wells and observation wells.

8. Water level should be measured in feet and hundredths of a foot. The flow rate during the pump test should be measured using a flow meter and flow totalizer. Flow rate readings should be documented every hour and confirmed with a 5-gallon bucket and stopwatch.

9. A water sample should be collected at the end of the pump test. Water quality testing must comply with approved U.S. environmental protection agency methods. Samples must be analyzed by a State certified laboratory for the substances listed below, and for any other substances the planning board has reason to believe might be present.

a. Arsenic

b. Alkalinity

c. Hardness

d. pH

e. Chloride

f. Cadmium

g. Iron

h. Sodium

i. Total dissolved solids

j. Conductivity

k. Lead

l. Total coliform bacteria

m. Copper

n. Manganese

o. E. coli bacteria

p. Fluoride

q. Sulfate

r. Zinc

s. Mercury

t. Nitrate/nitrite

u. Volatile organic compounds (VOCs)

v. Methyl tert-butyl ether (MTBE)

w. Pesticides

10. If a well is drilled into bedrock, gross alpha screen and radon testing shall be performed. If the gross alpha screen detects radiation of 15 or more picocuries per liter of air (pCi/L), the water must be analyzed for radium and uranium concentrations.

11. After field testing is complete, test wells that will not be used for water supply or long-term monitoring must be decommissioned.

C. The planning board shall have the authority to impose conditions on approval that are intended to maintain groundwater quality and to minimize groundwater withdrawal. The planning board shall make findings of fact to support the imposition of any condition.

(Ord. dated 7-18-23; Ord. dated 5-21-24)

REFERENCES

Title 46, chapter 13.1 of the general laws; R.I. Gen. Laws § 45-24-30(3)(i), § 45-24-30(4); § 45-24-33(a)(7), (20).

250-RICR-150-05-3 - DEM Groundwater Quality Rules.

250-RICR-150-10-6 - DEM Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

250-RICR-140-25-1 - DEM Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials.

250-RICR-140-10-1 - DEM Rules and Regulations for Hazardous Waste Management.

§ 18.22 SHANNOCK VILLAGE DISTRICT

§ 18.22.010 Purposes

The purposes of this district are to preserve the historic character of Shannock Village by ensuring that building maintenance and new construction reflect the village’s architectural heritage as a mill village with structures and features dating from several architectural periods, and to encourage the village’s economic vitality by permitting commercial and mixed-use development and redevelopment. These ordinance provisions are intended to be complementary to the ordinance provisions applicable to the areas of the village located in Charlestown. Establishment of this district implements the policy directives of the Comprehensive Community Plan by encouraging development that protects the Town’s historical heritage.

(Ord. dated 8-12-14)

§ 18.22.020 District defined

The boundaries of the district are delineated on the Zoning Map. The following lots are located in the district: Assessors Plat 10 D lots 4, 5, 6, 7, 8, 9, 11-2, 12, 13, 14, 17, 18, 19, 20, 22, 23, 25, 25-2, 25-3, 25-4, 26, 27, 28, 29, 31, 33, 35, 35-2, 35-3, 35-4, 35-5, 35-6, 35-7, 35-8, 35-9, 35-10, 35-11, 36, 37, 38, 39, 40, 41, 42, 43, 44, 44-2, and 60; and Assessor's Plat 10E lot 1.

(Ord. dated 8-12-14)

§ 18.22.030 Applicable ordinance provisions

A. The provisions of this chapter shall apply to all property within the district.

B. Property owners are advised to consult “Shannock Historic Mill Village - Design Guidelines for Building in the Village,” dated October 30, 2010, by the Horsley Witten Group, available from the Planning Department and on the Town website. The design guidelines, except those also contained in sections 18.22.060 and 18.22.070, are voluntary. The requirements of sections 18.22.060 and 18.22.070 are mandatory.

(Ord. dated 8-12-14)

§ 18.22.040 Dimensional regulations

Shannock Village is characterized by buildings situated close to the street that may have little or no front yard, small front steps, entry on the front or side, and stone walls or fences at the street frontage. Lots are typically small and narrow. To preserve the appearance of the village, the following dimensional regulations shall apply in addition to the dimensional regulations in chapter 18.20 of this Title:

A. New or relocated accessory structures other than garages shall not be located in existing front or side yards. Garages shall be located at least five (5) feet back from the front building line of existing primary structures.

B. New accessory structures shall be smaller than the principal structure. This subsection shall not apply to buildings used primarily for principal or accessory agricultural uses.

(Ord. dated 8-12-14)

§ 18.22.050 Parking

Designated parking spaces for residential or non-residential uses are prohibited in front yards. Notwithstanding the requirements of section 18.28.030 of this Title, required parking does not need to be located on or adjacent to the site of the principal use.

(Ord. dated 8-12-14)

§ 18.22.060 Building materials

A. On buildings that are visible from a public street, exterior siding shall be wood clapboard, wood shingles, smooth cementitious clapboard, or vinyl siding with a wood-like appearance. Metal siding, board and batten, shakes, brick, and stone are prohibited. This subsection shall apply only to new buildings and to buildings on which all the exterior siding is being replaced.

B. In order to minimize change in the character of existing buildings, vinyl siding is permitted to replace the exterior siding on an existing building only if all of the following conditions can be met:

1. The existing siding cannot be repaired because of the degree of deterioration or damage.

2. The vinyl siding can be installed without irreversibly damaging or obscuring the building’s architectural features and trim.

3. The vinyl siding replicates the existing siding in size, profile and finish.

C. Exterior doors visible from a public street shall be made of wood or shall appear to be made of wood.

D. Windows shall be wood-cased or vinyl-cased with the appearance of wood.

E. New and reconstructed fences visible from a public street shall be constructed of wood, stone, or wrought iron. All other types of fences are permitted only if they are not visible from a public street. Temporary fences such as those to protect gardens are not subject to these restrictions.

F. Roofing shingles shall be made of wood, slate, asphalt, or composite asphalt in colors traditionally used in New England architecture. Metal roofing is allowed only on accessory structures that are not visible from a public street.

(Ord. dated 8-12-14)

§ 18.22.070 Buildings containing commercial uses

The following requirements apply to new buildings and to existing buildings converted wholly or partly to commercial use.

A. Buildings containing retail uses shall have a principal façade and entrance facing a street or sidewalk. A building may have more than one principal façade and entrance.

B. Main entrances shall incorporate architectural features that draw attention to the entrance, such as recessed doorways, covered porches, porticos, or awnings.

C. Internally-illuminated signs are prohibited. Externally-illuminated signs shall have downward-directed, fully-shielded decorative lights that do not obscure the sign face.

D. Awnings with the name of the business or related information are permitted, provided that only the apron of the awning shall contain printing. Such awnings shall not be considered signs.

E. Signs mounted on the exterior of a building shall not cover any part of a window.

(Ord. dated 8-12-14)

§ 18.22.080 Special use permits

Relief from the requirements of sections 18.22.040, 8.22.050, 18.22.060, and 18.22.070 shall be by special use permit. In addition to the requirements in section 18.52.060 of this Title, the applicant shall demonstrate to the satisfaction of the zoning board of review that:

A. Literal enforcement of this chapter would not contribute materially to preservation of the character of the building or the zoning district, and

B. There is no reasonable alternative that would more effectively carry out the intent of the ordinance.

(Ord. dated 8-12-14)

REFERENCES

Code ch. 18.20, ch. 18.24, code § 18.52.060.

§ 18.23 ADAPTIVE REUSE

§ 18.23.010 Definition

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

§ 18.23.020 Permitted uses

A. Conversion of a nonresidential building to a multi-unit residential or mixed-use building is permitted in all zoning districts, notwithstanding the use restrictions of Ch. 18.16 of this Title, if at least 50% percent of the gross floor area of the existing building is converted to dwelling units.

B. For an adaptive reuse project that includes non-residential uses, the following uses are permitted, notwithstanding the provisions of Ch. 18.16 of this Title.

Use Code	Use Description
214	Indoor horticulture
306	Private nursery school or kindergarten
320	Child or adult day care for up to 8 persons
322	Child or adult day care for 9 or more persons
330	Nursing home, assisted living, continuing care, hospice
414	Health club
442	Museum, library
702	Professional offices
704	Bank, financial institution
710	Business offices not otherwise specified
734	Health-related services
736	Personal services
738	Retail services
740	Repair services
752	Pet grooming
762	Laundry, laundromat
764	Dry cleaner, drop off and pick up only
804	Specialty food store
814	Convenience store
816	General retailer in a building less than 20,000 sq. ft. gross floor area
820	Package store
822	Cannabis retailer
854	Artisan studio
863	Microbrewery
864	Restaurant serving alcoholic beverages
866	Eating place, no service of alcoholic beverages

§ 18.23.030 Review and approval

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

B. An adaptive reuse of an existing building with a gross floor area of less than 25,000 square feet for which extensive exterior improvement are not proposed requires approval as a minor land development project.

C. All other adaptive reuse projects require approval as major land development projects.

D. The provisions of Ch. 18.21 of this Title apply to adaptive reuse projects located in the aquifer protection overlay district.

§ 18.23.040 Residential density

The residential density limitations of the zoning district in which the building is located, including the requirements of Sec. 18.36.100 of this Chapter, shall not apply to buildings redeveloped pursuant to this Section, provided, however, that:

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

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

§ 18.23.050 Dimensional regulations

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

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

§ 18.23.060 Off-street parking and loading

Off -street parking and loading. The parking and loading requirements of Ch. 18.29 of this Title shall apply to development of the site, provided, however, that:

A. No more than one parking space shall be required for each dwelling unit, and

B. The planning board or the administrative officer shall have the authority to waive or modify any requirement of Ch. 18.29 that cannot be satisfied because of the size, shape, or location of the existing building or the lot on which the building is located.

§ 18.23.070 Environmental restrictions

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

(Ord. dated 5-21-24)

§ 18.23.080 Adaptive Remediation

A. Purpose. The purpose of this section is to support environmental remediation by recognizing the inherently unique characteristics of parcels subject to brownfield jurisdiction. Brownfield remediation is expensive and inherently imposes atypical site layout and use limitations. As such, strict adherence to the literal dimensions of any zone inadvertently limits the viability of brownfield site remediation because of the unique characteristics of such land. This section supports environmental remediation through flexible zoning and subdivision that results in an organization of parcels, structures and uses that economically support site remediation and the creation of open space.

B. Eligible Site. The provisions of this chapter shall not be an incentive to maintain structures that are environmental risks and/or were causes of environmental contamination. An Eligible site must meet the following criteria:

(1) Brownfield Site. A parcel subject to active brownfield site jurisdiction and review by the Rhode Island Department of Environmental Management or the U.S. Environmental Protection Agency may use this chapter to support environmental remediation, however.

(2) Brownfield Structure. The site must have been the location of a commercial or industrial structure that was causal to or otherwise a portion of the overall use of the site during the use of the site that resulted in pollution or contamination sufficient to incur brownfield jurisdiction.

C. Procedure. The driving principle of Adaptive Reuse, which uses flexibility to encourage rehabilitation of sites and structures, is the same driving principle of Adaptive Remediation. The Adaptive Remediation land development process encourages remediation of an entire brownfield site instead of encouraging the continuation of structures that are or were causes of contamination or environmental harm. Accordingly, Adaptive Remediation shall, in addition to requiring state or federal review and approval of the brownfield remediation, shall be subject to major land development review. The application shall comply with the following criteria:

(1) Minimum Open Space. At least ten percent (10%) of the site shall be open space, and

(2) Non-Residential zone. This site is not located within an R-1, R-2, or R-3 zone.

D. Adaptive Remediation Dimensions. Site remediation and creation of open space shall entitle the parcel(s) subject to the jurisdiction of brownfield remediation the dimensional flexibility to support the site viability and/or economic viability of the remediation and establishment of open space. To support the creation of open space and site remediation, parcels shall only be restricted to the dimensions necessary to accommodate structures in accordance with the State building code.

E. Limitations:

(1) Setbacks. Setbacks requirements shall be limited to the perimeter of the site abutting third party property owners. The site setbacks relative to third party abutters shall conform to base zone setbacks, or the average setbacks of abutting parcels, or the median setback of abutting parcels, or maintaining historic nonconforming footprint setbacks.

(2) Height and Volume. Structures shall not exceed the height or total volume and massing of the brownfield structures.

(3) Brownfield Structure Square Footage Limitation. To support overall site rehabilitation, including the removal of contaminated structures on parcels subject to brownfield jurisdiction, the gross floor area of such structures are not required to be maintained or reconstructed in the same manner as the structure(s) associated with the contaminated structure, but shall be permitted to be adaptively redistributed across the parcel(s) subject to brownfield jurisdiction. To ensure the structural use of the site does not exceed historic precedent, the total square footage approved by and through the Adaptive Remediation Process shall be less than the precedential Brownfield Structure Square Footage.

(4) Uses. The uses proposed on the site must be consistent with the environmental restrictions or remediation requirements imposed through the brownfield remediation plan as such is reviewed and approved by the Rhode Island Department of Environmental Management or the U.S. Environmental Protection Agency, otherwise the site remediation and creation of open space shall entitle the parcel(s) subject to the jurisdiction of brownfield remediation the use flexibility reasonably related to the overall site viability and/or economic viability of the remediation and the establishment of open space.

(Ord. dated 6-16-26)

REFERENCES

R.I. Gen. Laws §§ 45-23-32, 45-23-38, 45-23-42, 45-23-50, 45-24-31, 45-24-37, 45-24.3-11; 510-RICR-00-00-6.

§ 18.24 SIGNS

§ 18.24.030 Signs allowed without a permit

18.24.040 Signs for residential subdivisions

18.24.050 Permit required.

18.24.060 Signs permitted in the Neighborhood Business zoning district.

18.24.070 Signs permitted in the General Business, PUD-VC, Light Industrial, Industrial, Flex Tech zoning districts.

18.24.080 Commercial and Industrial Centers.

18.24.090 Off-site directional signs.

18.24.100 Prohibited signs.

18.24.110 Legal nonconforming signs.

§ 18.24.010 Definitions

Words and phrases used in this chapter are defined as follows:

A “banner” is any piece of flexible material bearing a design, motto, advertisement or commercial message.

A “bracket” is a device used to support a sign that is mounted to a structure.

A “directional sign” is a wall-mounted or freestanding sign no larger than two (2) square feet in area and no higher than three feet from the ground that is intended to direct traffic flow, identify entrances or exits, and server similar informational purposes.

A “directory sign” is a sign that contains the names of two or more establishments.

A “flag” is a non-commercial banner. Flags are not considered signs in this chapter.

A “freestanding sign” is self-supporting and separate from a building.

“Linear frontage” is the length in feet that an establishment abuts a street at the first floor or entrance level.

A “sandwich sign” is a portable two-faced sign connected at its top but not at its bottom.

A “sign” is an object with letters, numbers, and/or graphics, or letters, numbers, or graphics themselves, intended to convey information or an idea, located on or outside a building. “Sign” includes the face and supporting structure, including brackets, posts, or other supports.

The “sign face” is the part enclosed by a rectangle whose lower edge is parallel to the ground and whose sides makes contact with the extreme points or edges of the sign surface, excluding any supporting structure. When a sign consists only of letters, numbers, and/or graphics, the “sign face” is a rectangle whose sides make contact with the outer edges of the letters, numbers or graphics.

“Sign area” is the size of one face, expressed in square feet.

(Ord. dated 12-19-94(part); Ord. dated 7-17-07)

§ 18.24.020 Signs not subject to chapter

A. The restrictions and requirements of this chapter shall not apply to the following signs:

1. Signs erected by the town, state, or federal government in highway rights of way and other government-owned property to promote or protect public health and safety or for any other governmental purpose.

2. Signs erected in the rights of way of private streets to protect the safety of those using the streets.

3. Signs erected as part of a political campaign in anticipation of an election, provided they are not erected in any street right of way or within five (5) feet of the travel surface of any street or highway, and provided they are removed no more than seven (7) days after election day. A political campaign sign that does not comply with the above requirements is prohibited by this chapter and may be removed by the zoning enforcement officer.

4. Temporary signs erected on town-owned property to advertise an event sponsored by or benefitting a civic or non-profit organization, provided that such signs are approved in advance by the Town Administrator, are no more than thirty-two square feet in area, and are erected no more than thirty days before the event and removed no more than seven days after the event. A sign that does not comply with the above requirements is prohibited by this chapter and may be removed by the zoning enforcement officer.

(Ord. dated 7-17-07; Ord. dated 10-4-22)

18.24.030. Signs allowed without a permit. The following signs may be erected by the owner of the property without first obtaining a sign permit from the zoning enforcement officer. Such signs must be located at least five (5) feet from the front lot line, and must comply with the provisions of this section and section 18.24.100:

A. In all zoning districts:

1. “No Trespassing,” “No Hunting,” and similar signs used to post property.

2. One sign, not larger than twelve (12) square feet in area, and one bulletin board, not larger than twelve square feet in area, for each private school, place of worship, or other institutional, public, or semipublic use.

3. One sign, not larger than twenty-four (24) square feet in area, identifying any farm operation.

4. A professional nameplate affixed to the door or adjacent wall of premises, not to exceed eight inches by twenty-four (24) inches for each professional occupant.

5. Temporary signs for the following purposes:

a. Signs not larger than thirty two (32) square feet advertising property for sale or lease.

b. Signs in connection with the construction of buildings or other construction work.

c. On-site signs not larger than thirty two (32) square feet advertising non-commercial charitable events.

6. One sandwich sign for a business, provided that it is not located on any public sidewalk or street right of way, and provided that it is adequately secured.

B. In all residential zoning districts:

1. One sign, not larger than two (2) square feet in area, showing the name and address of the occupant or identifying a permitted use or accessory use. No more than one sign is permitted regardless of how many uses or accessory uses are located on the property,

2. Signs posted pursuant to the land development and subdivision regulations that notify the public that an application is pending before the planning board to develop the property posted.

(Ord. dated 7-17-07)

§ 18.24.040 Signs for residential subdivisions

A. Temporary signs not larger than thirty-two (32) square feet in area are permitted at the entrance or entrances to proposed residential subdivisions, provided they are removed within seven days after the Final Plat is recorded in the land evidence records.

B. Permanent signs identifying residential subdivisions are permitted provided that:

1. One sign may be erected at each entrance to the subdivision.

2. Each sign is not larger than twenty (20) square feet in area, and

3. A permit is obtained for each sign.

(Ord. dated 7-17-07)

§ 18.24.050 Permit required

A. A permit issued by the zoning enforcement officer is required to erect any sign other than those listed in 18.24.020 and 18.24.030 above.

B. Application for a sign permit shall be on the form provided by the zoning enforcement officer, and shall include a scale drawing of the sign, including the sign face, showing all lettering and graphics and any freestanding structure supporting the sign, and a site plan showing where the sign will be located on the property.

C. The application fee for a sign permit is in Chapter 3.06 of the Code of Ordinances.

(Ord. dated 7-17-07)

§ 18.24.060 Signs permitted in the Neighborhood Business zoning district

In the Neighborhood Business zoning district, internally illuminated signs are prohibited. No sign in a neighborhood business shall be placed within twenty-five (25) feet of a residence or residential zoning district. The following signs are permitted:

A. One or more signs that identify the business, profession or service located in a building are permitted on the main entrance wall of the building. The sign or signs:

1. Shall be no larger than sixteen (16) square feet in total area;

2. If perpendicular to the wall, shall protrude no more than four (4) feet from the wall and shall have an area no larger than six (6) square feet; and

3. Shall not project above the roofline of the building.

B. One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed thirty percent (30%) of the surface area of the windows to which they are applied.

C. One freestanding sign that is located at least five (5) feet from the front property line, is no more than ten (10) feet above the ground at its highest point, and has an area no larger than nine (9) square feet.

D. As many directional signs as are necessary for the safe and efficient operation of the business.

E. One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.

F. When multiple buildings or uses are located on one lot or share one entrance, a directory sign with an area no larger than fifteen (15) square feet in area and no higher than ten (10) feet above the ground at its highest point is permitted in place of individual freestanding signs.

(Ord. dated 3-21-00; Ord. dated 7-17-07)

§ 18.24.070 Signs permitted in the General Business, PUD-VC, Light Industrial, Industrial, Flex Tech zoning districts

Signs permitted in the General Business, PUD-VC, Light Industrial, Industrial, and Flex Tech zoning districts.

A. In the General Business, PUD-VC, Light Industrial, Industrial, and Flex Tech zoning districts, the following signs are permitted:

1. One or more signs that identify the business(es), profession(s) or service(s) located in a building are permitted on the main entrance wall of the building. The sign or signs:

a. Shall not occupy more than seventy percent (70%) of the linear frontage of the building.

b. Shall be no greater than forty-eight (48) inches high.

c. If perpendicular to the wall, shall protrude no more than five (5) feet from the wall and shall have an area no larger than nine (9) square feet; and

d. Shall not project above the roofline of the building more than five (5) feet.

2. One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed fifty percent (50%) of the surface area of the windows to which they are applied.

3. One internally or externally illuminated freestanding sign that is located at least five (5) feet from the front property line, is no more than fifteen (15) feet above the ground at its highest point, and has an area no larger than thirty-six (36) square feet. For property on a street intersection that has a curb cut on each street, one freestanding sign for each curb cut is permitted. No freestanding sign shall be placed within forty (40) feet of a residence or a residential zoning district.

4. When multiple buildings or uses are located on one lot or share one entrance, a directory sign with an area no larger than eighty (80) square feet, and no higher than sixteen (16) feet from the ground at its highest point, is permitted in place of individual freestanding signs.

5. As many directional signs as are necessary for the safe and efficient operation of the business.

6. One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.

7. Inflatable objects or figures not larger than three cubic yard in size and not higher at their highest point than ten (10) feet from the roof that are displayed for commercial purposes. Such inflatable objects or figures may be displayed for no more than seven (7) days. A permit shall be issued for the display and the object or figure shall be adequately secured. No more than one such permit shall be issued to a business in any calendar year.

B. Adult Entertainment Businesses. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions, in addition to any restrictions contained elsewhere in this chapter.

1. Perpendicular or protruding signs are prohibited. Signs shall be parallel with and attached to a wall.

2. Freestanding signs and off-site signs are prohibited.

3. Signs or other advertising located on billboards or outdoor advertising structures are prohibited.

4. Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.

5. Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.

C. Signs for Gasoline Service Stations. When granting a special use permit for establishment of a gasoline service station, the Zoning Board of Review shall require, as part of the applicant’s application materials, elevations drawn to scale showing all signs proposed for the use. The Zoning Board of Review shall state specifically what signs are allowed as part of its written decision.

D. Off-site signs. One sign, no larger than six (6) square feet in area, located on property other than the property where the business is located, is allowed as a special permit use. In addition to the special use permit criteria elsewhere in this Title, the applicant shall demonstrate to the Zoning Board of Review that the off-site sign is necessary for the operation of the business. The owner of the property on which the sign will be located shall be an applicant for the special use permit.

(Ord. dated 12-19-94(part); Ord. dated 5-7-96(part); Ord. dated 3-21-00(part); Ord. dated 11-16-02(part); Ord. dated 1-3-06; Ord. dated 7-17-07)

§ 18.24.080 Commercial and Industrial Centers

In commercial or industrial centers or complexes in the Neighborhood Business, General Business, PUD-VC, Light Industrial, and Industrial zoning districts, where multiple businesses or uses are located in the same building or in a complex of buildings linked by internal roadways, parking areas, or pedestrian accesses, the following signs are permitted in addition to those permitted in the zoning district in which the property is located:

A. Non-illuminated informational signs, no larger than five (5) square feet in area, for hours of operation, business affiliations, location of lavatories, dining facilities, sections or areas of a building or complex of buildings, entrances, and business or tenant names.

B. Externally or internally illuminated directory signs within the center or complex to identify tenants within a particular building or area. in open plaza or courtyard area. Such signs shall be no more than ten (10) feet from the ground in height, and have an area no larger than nine (9) square feet.

§ 18.24.090 Off-site directional signs

Off -site directional signs.

A. Permanent off-site directional signs no larger than six (6) square feet in area, located on property other than the property where the use is located, are allowed by special use permit in any zoning district. In addition to the special use permit criteria elsewhere in this Title, the applicant shall demonstrate to the Zoning Board of Review that the off-site sign is necessary for the operation of the business or establishment because of the location or lack of visibility of the business or establishment. The owner of the property on which the sign will be located shall be an applicant for the special use permit. No business or establishment shall be entitled to more than two such off-site signs.

B. Temporary off-site directional signs no larger than six (6) square feet in area may be located in the rights of way of town-owned streets during the hours a temporary business or event is in operation. The public works director shall approve the exact location of each such sign, and shall have the authority to deny approval of any proposed sign location if the director believes placement of a sign at that location could endanger public health or safety.

C. The provisions of this Chapter do not apply to off-site directional signs approved by the R. I. department of environmental management and the R. I. department of transportation for placement in state highway rights of way through the state agriculture/aquaculture sign program.

(Ord. dated 5-16-17)

§ 18.24.100 Prohibited signs

A. The following signs are prohibited:

1. Signs that contain or consist of ribbons, streamers, spinners or other moving devices, or strings of lightbulbs.

2. Signs that have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color. Exterior and interior illuminated signs shall have continuous white or off-white light.

3. Signs pasted or attached to utility poles, trees, fences or structures such as overpasses and bridges, and signs located in street rights of way, or in the triangle-shaped area formed by the intersection of the travel surface of two streets and a third line that joins points on the travel surface twenty feet from the intersection.

4. Signs pasted or attached to other signs unless such subsidiary portions are integral parts of the total sign design;

5. Signs with moving, mobile, flashing or revolving parts, except for signs commonly known as “barber poles” barbershops;

6. Billboards or billboard signs.

7. Signs that pose a safety hazard by obstructing the vision of motorists.

B. Any sign not specifically permitted by this chapter is prohibited.

(Ord. dated 12-19-94 (part); Ord. dated 5-7-96(part); Ord. dated 3-21-00(part); Ord. dated 7-17-07; Ord. dated 5-16-17)

§ 18.24.110 Legal nonconforming signs

Any sign that does not conform to the requirements of this chapter but was legal at the time it was erected shall be considered a legal nonconforming sign. Such signs may be maintained, repaired, or replaced with an identical sign or a sign that conforms to this chapter. A legal nonconforming sign shall not be enlarged or relocated by special use permit.

(Ord. dated 12-19-94(part); Ord. dated 7-17-07; Ord. dated 5-16-17)

REFERENCES

R.I. Gen. Laws § 45-24-33(16).

§ 18.26 PLANNED DEVELOPMENT RESORT DISTRICT

§ 18.26.010 Purpose

The purpose of this Chapter is to establish regulations for a unified development that includes commercial and non-commercial recreational facilities; hotel and event facilities, restaurants, and limited commercial uses to provide amenities for residents, guests, and the public; and a restricted-access residential area. The provisions of this Chapter shall apply exclusively to this district and shall supersede inconsistent provisions elsewhere in this Title.

(Ord. dated 9-20-16)

§ 18.26.020 Location

The boundaries of the district are delineated on the Zoning Map. The following lots are located in the district: Assessor’s Plat 6A, Lots 5 and 25 and Assessor’s Plat 6B, Lots 2 and 4.

(Ord. dated 9-20-16)

§ 18.26.030 Definitions

The following words or phrases have the following meaning when used in this Chapter.

Brewpub – A restaurant at which malt beverages are manufactured and consumed or purchased in compliance with R.I. Gen. Laws § 3-6-1.2. See Sec. 18.26.070 G.

Clubhouse – A building that may contain, without limitation, accessory facilities for recreational or athletic activities, function rooms or restaurants, retail sales areas, and the administrative offices of the corporation that owns or operates the resort and uses or structures associated with the resort.

Commercial recreation activity or facility – A recreational activity or facility that is open to the public or for which a fee is charged.

Equestrian complex – Barns, stables, utility buildings, paddocks, corrals, pastures, riding rings and arenas, including polo grounds, where livestock are kept or boarded and where activities such as riding instruction, hiring of horses for riding, horse training, and equestrian shows, exhibits or competitions are held.

General store – A store primarily selling convenience items such as snack foods, candy, bottled beverages, coffee, milk, newspapers, magazines, cigarettes, over-the-counter medicines, personal care appliances, health and beauty aids, and a limited number of grocery or general items.

Guest cottage – A structure that has a sleeping area and sanitary facilities but no cooking facilities, and is not a dwelling unit as that term is defined in Chapter 18.08 of this Title. Guest cottages are intended for short-term use by members or their guests. Guest cottages are accessory buildings to the clubhouse.

Helipad – An area used exclusively for landing of helicopters that does not include facilities for refueling.

Individual accessory solar energy system – An off-grid or interconnected system of solar panels or other solar energy conversion hardware used to convert sunlight into thermal or electric energy that produces 125% or less of the average annual electric energy used by the building it serves.

Livestock – Horses, ponies, mules, asses, burros, donkeys, cattle, cows, sheep; and animals for which the owner has a possession permit issued by the department of environmental management.

Livestock keeping, breeding, or raising – Barns, utility buildings, and enclosed areas where livestock and game birds are kept, bred, or raised.

Novelty dwelling structure – A yurt, tree house, hobbit house, or similar unconventional residential structure that contains cooking and sanitary facilities but is not intended for permanent year-round occupancy by the same person or household. Novelty dwelling structures are considered dwelling units for the purpose of calculating residential development density under Section 18.26.050 of this Chapter, but are not subject to the provisions of Ch. 18.18 of this Title.

Novelty accessory sleeping structure – A yurt, tree house, hobbit house, or similar unconventional structure that may be designed for overnight occupancy but lacks cooking facilities, sanitary facilities, or both, and is not a dwelling unit as that term is defined in Chapter 18.08 of this Title. Novelty sleeping structures are accessory buildings to the clubhouse.

(Ord. dated 9-20-16; Ord. dated 1-2-18; Ord. dated 12-17-19; Ord. dated 7-18-23)

§ 18.26.040 Permitted uses

A. The following principal uses in Chapter 18.16 of this Title are permitted on all property in this district except for use codes 732, 854, and 905, which are allowed by special use permit in the aquifer protection overlay district, and use codes 740 and 754, which are allowed by special use permit in subdistrict A of the aquifer protection overlay district.

Use code	Description
101	Single detached dwelling unit.
102	Two-dwelling-unit building.
103	Dwelling unit in a mixed use building.
104	Multi-family building(s): 3-4 dwelling units.
105	Multi-family building(s): 5-12 dwelling units.
212	Horticulture.
308	Cemetery.
408	Golf course.
414	Health club.
434	Wildlife refuge, conservation area.
436	Indoor shooting range.
460	Theater or other indoor privately-owned public gathering place.
732	Hotel, motel.
734	Health-related services.
736	Personal services.
738	Retail services.
740	Repair services.
754	Dog boarding or breeding kennel.
804	Specialty food store.
812	Pharmacy in a building less than 2,500 sq. ft. gross floor area.
816	General retailer in a building less than 20,000 sq. ft. gross floor area.
854	Artisan studio.
864	Restaurant serving alcoholic beverages.
866	Eating place, no service of alcoholic beverages.
905	Winery at vineyard.

(Ord. dated 9-20-16; Ord. dated 1-2-18; Ord. dated 7-18-23)

B. The following principal uses are permitted only in this zoning district. Use code 1015 is prohibited in subdistrict A and allowed by special use permit in subdistrict B of the aquifer protection overlay district. The descriptions are intended to illustrate some of the specific uses covered by each use code; they are not intended to be exclusive.

Use code	Description
1010	Brewpub.
1012	Clubhouse.
1015	Equestrian complex.
1020	Indoor commercial or non-commercial recreational facility. Includes courts for racquet sports; swimming pools; bowling alleys; pinball and electronic games; miniature golf courses; pool and billiards; climbing walls; and rental of recreational equipment.
1025	Outdoor commercial or non-commercial recreational facility. Includes courts for racquet sports; swimming pools with cabanas; miniature golf; skating rinks; driving ranges; softball and other playing fields; volleyball courts; bocce courts; rock climbing; cross-country skiing; archery; use of skimobiles; use of all-terrain vehicles by residents and guests at least 25 feet from district boundary lines except where existing trails or paths are located; mountain biking; zip lines; fishing; hunting; trapshooting, skeet shooting and sporting clays; tent camping; and rental of recreational equipment.
1030	Helipad.
1035	Livestock keeping, breeding, or raising.
1040	Novelty dwelling structure.
1050	Outdoor privately-owned public gathering place. Includes amphitheaters, gazebos, and picnic areas.
1055	General store.

(Ord. dated 9-20-16; Ord. dated 1-2-18; Ord. dated 12-17-19; Ord. dated 7-18-23)

§ 18.26.050 Development density

A. The maximum residential density permitted in the area encompassing Lot 5 on Assessor’s Plat 6A, Lot 25 on Assessor’s Plat 6A, and the western portion of Lot 2 on Assessor’s Plat 6B, as shown on the Zoning Map, shall be one dwelling unit per three acres of land suitable for development.

B. The maximum residential density permitted in the area encompassing the eastern portion of Lot 2 on Assessor’s Plat 6B and the southern portion of Lot 4 on Assessor’s Plat 6B, as shown on the Zoning Map, shall be one dwelling unit per two acres of land suitable for development.

(Ord. dated 9-20-16; Ord. dated 1-2-18)

§ 18.26.060 Open space

At least twenty-five percent (25%) of the property in the district shall be open space. Use of the open space for any commercial or non-commercial recreational activity or construction of any permanent structure in the open space must be specifically approved by the planning board and permitted by the recorded instrument that protects the open space from further development.

(Ord. dated 9-20-16)

§ 18.26.070 Development standards

A. All outdoor lighting shall have full cut-off fixtures approved by the International Dark Sky Association. Fixtures shall be mounted no higher than twenty-four (24) feet from the ground. Light shall be directed away from adjacent property.

B. Two acres of paddock, corral or pasture, or any combination thereof, shall be provided for each head of livestock.

C. The following standards apply to equestrian complexes and to livestock keeping, raising and breeding facilities.

1. Barns, stables, utility buildings, paddocks, corrals, pastures, riding rings, and arenas used as equestrian facilities or for keeping, raising, or breeding livestock shall be located at least one hundred (100) feet from any zoning district boundary.

2. Amplified outdoor sound systems shall not be used between 9:00 p.m. and 8:00 a.m.

3. Manure shall not be stored or composted within two hundred (200) feet of a district boundary or a well, or within two hundred (200) feet of a wetland or stormwater drainage feature.

4. Stormwater runoff from paddocks, corrals, arenas, and riding rings shall be diverted from wetlands and wells on the same property or adjacent property in accordance with a plan approved by the R. I. department of environmental management.

5. The preliminary plan submission for any portion or phase of development that includes an equestrian complex or a facility for keeping, raising or breeding of livestock shall include a plan for the sanitary storage, disposal or use of all animal waste. The plan must be approved by the U.S. department of agriculture natural resources conservation service (NRCS). The plan may include a composting facility that complies with state department of environmental management regulations.

D. An indoor shooting range shall be entirely enclosed and shall be located in a free-standing building constructed with sufficient noise and reverberation mitigation so that the sound at any point within ten (10) feet of the exterior of the building does not exceed sixty (60) decibels.

E. Buildings and outdoor exercise areas or runs for dog boarding or breeding kennels shall be at least one hundred fifty (150) feet from the nearest district boundary line.

F. Helipads shall be located at least five hundred (500) feet from the nearest district boundary line.

G. The following standards apply to a brewpub.

1. The water supply to the manufacturing facility shall be installed with a dedicated meter that can be read using a radio frequency reading system.

2. The manufacturing facility shall consume no more than 20,000 gallons of water per month.

(Ord. dated 9-20-16; Ord. dated 7-18-23)

§ 18.26.080 Dimensional regulations

A. A one-hundred (100) foot buffer area shall be maintained on the perimeter of the district except where the adjacent property outside the district is owned by a person or entity with an ownership interest in property within the district. No structure shall be constructed within the buffer area. Existing vegetation in the buffer area shall not be removed.

B. The maximum building height shall be forty (40) feet, measured from the average post-construction grade at the front of the structure to the top of the highest point of the roof, except for use code 732, for which the maximum building height shall be sixty-five (65) feet.

(Ord. dated 9-20-16; Ord. dated 12-17-19)

§ 18.26.090 Streets

A. Streets in the zoning district shall be private, notwithstanding the requirements of Article 13 of the land development and subdivision regulations.

B. Streets providing access to residences shall be constructed according to the requirements for rural local streets in Articles 13 and 14 of the land development and subdivision regulations, with the following exceptions:

1. The required gravel base course thickness may be reduced from thirteen (13) inches to nine (9) inches.

2. The required bituminous pavement thickness may be reduced to two inches of binder and one and one-half inches of Type-I-1 surface course.

If a street is not constructed according to the requirements of Article 13 of the land development and subdivision regulations, the owner shall record a document in the land evidence records at the time the plat is recorded certifying that neither the owner nor his successors in title shall ask the Town of Richmond to accept for Town ownership any street in the district that is not constructed to the standards for rural local streets.

C. Common driveways shall be constructed according to the requirements of Article 13 of the land development and subdivision regulations.

(Ord. dated 9-20-16)

§ 18.26.100 Signs

The definitions in Section 18.24.010 of Chapter 18.24 of this Title apply to this Section.

A. The following signs are permitted with the issuance of a sign permit.

1. Signs no larger than forty (40) square feet identifying the restricted-access residential portion of the district. One such sign may be constructed at each entrance to a restricted-access residential area.

2. On the main entrance wall of a building, one or more signs that identify the business(es), profession(s) or service(s) located in the building. The sign or signs:

a. Shall not occupy more than seventy percent (70%) of the linear frontage of the building.

b. Shall be no more than forty-eight (48) inches high.

c. If perpendicular to the wall, shall protrude no more than five (5) feet from the wall and shall have an area no larger than nine (9) square feet; and

d. Shall not project above the roofline of the building more than five (5) feet.

3. One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed fifty percent (50%) of the surface area of the windows to which they are applied.

4. For each business, one internally or externally illuminated freestanding sign no more than fifteen (15) feet above the ground at its highest point, with an area of no more than thirty-six (36) square feet, or where multiple buildings or uses share one entrance, a directory sign with an area no larger than eighty (80) square feet, and no higher than sixteen (16) feet from the ground at its highest point.

5. Inflatable objects or figures not larger than three cubic yard in size and no higher at their highest point than ten (10) feet above the roof of the building. Such inflatable objects or figures may be displayed for no more than seven (7) days. The object or figure shall be adequately secured. No more than one such permit shall be issued to a business in any calendar year.

6. An internally or externally illuminated freestanding sign no more than sixty-five (65) feet above the ground at its highest point, with two faces, each face having an area no larger than seven hundred seventy (770) square feet that may be digital or may have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color.

7. At each Kingstown Road entrance to the district, one internally or externally illuminated freestanding sign no more than sixteen (16) feet above the ground at its highest point, with two faces, each face having an area no larger than three hundred sixty (360) square feet, that may be digital or may have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color.

B. The following signs are permitted without the issuance of a sign permit.

1. One sandwich sign per business, provided it is not located on any public sidewalk or street right of way, and provided it is adequately secured.

2. Signs not larger than thirty-two (32) square feet advertising property for sale or lease.

3. “No Trespassing,” “No Hunting,” and similar signs used to post property.

4. Signs (including directional signs) erected next to streets or parking lots to protect the safety of those using the streets or to promote safe and efficient traffic flow.

5. One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.

6. Signs no larger than thirty-two (32) square feet identifying individual buildings.

(Ord. dated 9-20-16; Ord. dated 12-17-19)

§ 18.26.110 Parking and loading

A. Buildings and uses shall provide the number of parking spaces required by Chapter 18.29 of this Title. The planning board shall have the authority to reduce the required number of parking spaces for any use or structure. If such a reduction is approved, the reason for the reduction shall be stated in the preliminary plan decision. Shared parking shall be permitted.

B. Adequate off-street loading areas shall be provided for each building or use to which deliveries will be made.

(Ord. dated 9-20-16; Ord. dated 1-2-18)

§ 18.26.120 Camping recreational vehicles

A maximum of 250 camping vehicles, as defined by R.I. Gen. Laws § 32-7-7(31), may be parked temporarily or permanently in the zoning district, provided that no more than eight (8) such vehicles shall be parked on any one acre of land.

§ 18.26.130 Approval procedure

A. Each phase or portion of development shall be approved as a major land development project pursuant to the land development and subdivision regulations. Minor changes to a recorded portion or phase may be approved by the administrative officer pursuant to Section 6.3 of the land development and subdivision regulations. Major changes to a recorded portion or phase require planning board approval.

B. Administrative fees are those in Section 11.3 of the land development and subdivision regulations.

(Ord. dated 9-20-16, Ord. dated 5-21-24)

§ 18.28 OFF-STREET PARKING

§ 18.28.010 Number of spaces required for various uses

Any structure or use, erected or constructed after the date of passage of the ordinance codified in this chapter, shall provide off-street parking facilities in accordance with the following regulations:

A. Residential Dwellings. There shall be two parking spaces per dwelling unit.

B. Tourist Courts and Motels. There shall be five parking spaces, plus one parking space for each unit or room.

C. Restaurants, Theaters, Churches or Other Places of Public Assembly. There shall be one parking space for every four seats or for every four persons of capacity.

D. Hospitals and Institutions. There shall be one parking space for every two beds.

E. Office Building or Use. There shall be one parking space for every two hundred fifty square feet of floor area, plus one parking space for every two employees.

F. Retail and Service Business. There shall be at least one parking space for every ninety square feet of floor area devoted to sales, plus one parking space for every two employees.

G. Industrial and Wholesale Uses. There shall be two parking spaces for every three employees and one parking space for each truck operated by the concern.

H. All Other Uses. There shall be one parking space for every two hundred fifty square feet of floor area.

(Ord. dated 12-19-94(part))

§ 18.28.020 Plans and specifications to be submitted with building permit application-Minimum requirements

Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for a building permit for a main use. In allocating area for off-street parking facilities, each parking space shall have a minimum width of nine feet, a minimum length of eighteen feet, and shall be served by suitable aisles to permit access into all parking spaces. In no case shall the gross area per parking space be less than three hundred square feet.

(Ord. dated 12-19-94(part))

§ 18.28.030 Construction, landscaping and use restrictions

All parking facilities provided under this chapter shall be constructed on or adjacent to the site of the main use. Off-street parking lots of more than two motor vehicle capacity shall conform to the following standards of construction:

A. Where such area adjoins or lies within a residential district, an opaque evergreen hedge or fence not less than five feet in height shall be erected and maintained between such area and the adjoining residential district.

B. In any residence district, the storage of commercial vehicles of over one and one-half tons weight or capacity and of commercial trailers or house trailers shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use or lawful nonconforming use.

(Ord. dated 12-19-94(part))

REFERENCES

§ 18.29 OFF-STREET PARKING AND LOADING

§ 18.29.010 Off-street parking required

Off -street parking required. Off-street parking areas for motor vehicles shall be provided for the following:

A. Construction of any new building for a principal use.

B. Enlargement of an existing building for a principal use, except a single-family or two-family dwelling, by more than ten thousand (10,000) square feet of gross floor area.

C. Alteration or redevelopment of an existing principal structure for a change of use from one use code to another.

(Ord. dated 5-16-17)

§ 18.29.020 Design requirements

Parking and loading areas shall be designed according to the following requirements:

A. The design shall provide safe traffic circulation, separation of pedestrian and vehicular traffic, and accessibility by emergency vehicles.

B. Required parking shall be located on the same lot as the use it serves or on an adjacent lot.

C. Accessible parking spaces shall be provided in the number, size and design required by current federal regulations promulgated under the Americans with Disabilities Act, as amended.

D. Parking shall be located on the side or rear of buildings except where physical site constraints make such a location impossible.

E. Each lot shall have no more than two driveways entering and exiting to a street. To minimize the number of access points to public streets, adjoining parking areas on the same or adjacent lots should be connected. Property owners are strongly encouraged to reduce the number of street entrance and exit points by arranging to share entrances with other uses on the same lot or adjacent lots.

F. Proposed and existing driveways shall be located at least fifty (50) feet apart unless the dimensions of the lot make such a separation impossible. On corner lots, the principal point of access shall be from the secondary street.

G. The design shall conform to Sections 13.5 (street dimensions and design), 13.7.3 (pedestrian walkways), 14.1 (construction specifications), and 14.5 (pedestrian walkways adjacent to streets) of the land development and subdivision regulations to the extent those provisions are applicable.

H. Parking and loading areas shall have a surface of dust-free material. Grassed areas may be used for occasional and overflow parking. Impervious parking areas, including gravel and paved, shall comply with the current edition of the R. I. stormwater design and installation standards manual adopted by the R. I. department of environmental management and the R. I. coastal resources management council.

I. Standard parking spaces shall be at least nine (9) feet wide and eighteen (18) feet long. Angled parking is permitted.

J. One-way aisles shall be at least twelve (12) feet wide. Two-way aisles shall be at least twenty (20) feet wide.

K. Light fixtures in and adjacent to parking areas shall be those approved by the International Dark-Sky Association (IDA). Lamps shall have a maximum of 250 watts.

(Ord. dated 5-16-17)

§ 18.29.030 Landscaping requirements

A. A landscaped parking area is required for every parking area that contains more than ~~ten (10)~~ 10 parking spaces.

B. At least forty-five (45) square feet of landscaping, consisting of pedestrial walkways, lawn, and vegetation and excluding perimeter buffers, must be provided for each parking space. At least one tree shall be provided for each thirty (30) parking spaces.

C. Landscaping shall be dispersed throughout the parking area. The landscaped areas may be arranged in any of the following ways.

1. In landscape strips at least four feet wide between rows of parking spaces.

2. In areas at the ends of rows of parking.

3. Between parking spaces within rows of parking.

D. A perimeter buffer in the form of evergreen vegetation or a solid, opaque fence six (6) feet in height must be provided where a property line abuts land on which dwellings are located within 100 feet of the property line, or where a property line abuts land zoned for residential development.

(Ord. dated 5-16-17)

§ 18.29.040 Number of parking and loading spaces required

Number of parking spaces required.

A. The following number of parking spaces shall be the minimum required for the following uses. See Ch. 18, Section 18.23.060(A) for parking requirements associated with dwelling units in an adaptive reuse mixed use development.

1. Single-family or two-family detached dwelling -- 2 per dwelling unit.

2. Dwelling unit in a mixed-use building -- 2 per dwelling unit.

3. Multi-family building -- 1½ per dwelling unit.

4. Child or adult day care -- 1 per 500 sq. ft. of gross floor area; 6 minimum.

5. Nursery, kindergarten, elementary, middle school -- 1.5 per classroom.

6. High school, technical or trade school -- 7 per classroom.

7. Community service facility, halfway house, homeless shelter -- 1 per 500 sq. ft. of gross floor area.

8. Nursing home, assisted living, continuing care, hospice -- 1 for every 3 beds.

9. Hospital or other in-patient facility -- 1 per 500 sq. ft. of gross floor area.

10. Out-patient medical or treatment facility -- 1 per 500 sq. ft of gross floor area.

11. Indoor recreational facility, community center, gym, private club -- 1 per 330 sq. ft. of gross floor area.

12. Theater -- 1 for every 4 seats.

13. Stadium -- 1 for every 4 seats.

14. Museum, library -- 1 per 400 sq. ft. of gross floor area.

15. Place of worship -- 1 per 100 sq. ft. of gross floor area in main assembly area.

16. Professional, general offices -- 1 per 500 sq. ft. of gross floor area.

17. Medical or dental offices -- 1 per 500 sq. ft. of gross floor area.

18. Financial institution -- 1 per 500 sq. ft. of gross floor area.

19. Hotel or motel -- 1 for each rental room.

20. Funeral home -- 20 for each reception room.

21. Personal retail services, repair services -- 1 per 500 sq. ft. of gross floor area.

22. Retail store 5,000 sq. ft. GFA or less -- 3 per 1,000 sq. ft. of gross floor area; 3 minimum.

23. Retail store more than 5,000 sq. ft. gross floor area -- 2 per 1,000 sq. ft. of gross floor area.

24. Vehicle sales, service, repairs -- 1 per 500 sq. ft. of gross floor area.

25. Bar, lounge, tavern -- 1 per 250 sq. ft. of gross floor area.

26. Restaurant -- 1 per 250 sq. ft. of gross floor area.

27. Warehouse -- 1 per 750 sq. ft. of gross floor area.

28. Manufacturing -- 1 per 750 sq. ft. of gross floor area.

29. Indoor horticulture – 1 per 2,000 sq. ft. of gross floor area; 5 minimum.

B. When more than one use is located on a lot, the number of parking spaces required shall be the sum of the number of spaces required for each use.

C. Uses not specifically identified shall provide the number of spaces required for the most similar use listed, as determined by the zoning enforcement officer.

(Ord. dated 5-16-17; Ord. dated 1-2-18; Ord. dated 5-21-24)

§ 18.29.050 Shared parking

The number of parking spaces required may be reduced if two or more uses on the same or different lots are able to share parking areas because their parking demands occur at different times; provided, however, that t he number of required spaces shall not be fewer than the number required for the use that requires the greatest number of spaces. To request shared parking spaces, the applicant must submit the following information to the planning board or the zoning board of review:

A. The plat and lot number of the parking area or areas, the names and addresses of the property owners, and the uses that will share the parking.

B. The location and number of parking spaces that are being shared.

C. An analysis showing that the peak parking times for the uses occur at different times of day or days of the week, and that the parking area will be able to accommodate the anticipated parking needs of the uses.

D. If the parking areas are in different ownership, an easement or deed restriction that guarantees access to the parking for both uses.

(Ord. dated 5-16-17)

§ 18.29.060 Drive-through windows

Drive -through windows. For uses with drive-through windows, the parking area shall include additional space for queueing of motor vehicles. Each queueing space shall be nine (9) feet wide and eighteen (18) feet long. The following number of queueing spaces are required:

A. Financial institutions – 6 spaces for a single window; 3 space each for two or more windows.

B. Restaurants – 6 spaces per window.

C. Pharmacy – 4 spaces per window.

(Ord. dated 5-16-17)

§ 18.29.070 Loading areas

A. At least one loading area shall be provided for every building or use that ships or receives deliveries in motor vehicles with three or more axles, or keeps one dumpster or more on the premises.

B. Loading areas shall be of sufficient length, width and clearance height to accommodate the type of vehicle expected to use it. The length must be sufficient to prevent vehicles from projecting into a street right of way.

C. A dumpster or refuse holding area that is not located in an enclosed structure shall be shielded on three sides by a solid wall, opaque fence, or evergreen plantings. The wall, fence or plantings shall be high enough to shield the dumpster or refuse containers from view.

(Ord. dated 5-16-17)

§ 18.29.080 Review and approval

A. For permitted uses, the administrative officer, the technical review committee, or the planning board shall determine the sufficiency of the parking and loading plan during development plan review or land development project approval. The administrative officer, the technical review committee, or the planning board shall have the authority to require additional parking or loading spaces for a particular use, or to reduce the required number of parking or loading spaces for a particular use, provided that the reasons for the increase or reduction are included in the ~~board’s~~ written decision.

(Ord. dated 5-21-24)

B. For special-permit uses, the zoning board of review or the planning board shall review the parking and loading plan for compliance with the requirements of this Chapter. The zoning board of review or the planning board shall have the authority to increase or decrease the required number of parking or loading spaces for a particular special-permit use based on competent evidence in the record that supports the need for the increase or decrease.

(Ord. dated 5-16-17; Ord. dated 5-21-24)

REFERENCES

R. I. Gen. Laws §§ 45-24-33(a)(4)(vi) and (vii), 45-24-33(a)(24)(ii).

§ 18.30 DOMESTIC LIVESTOCK

§ 18.30.010 Purpose

A. The purpose of this chapter is to regulate the number of domestic livestock kept on a lot or premises as an accessory to a principal residential use.

B. This chapter shall not apply to dogs, cats, and other household pets.

C. Commercial agricultural operations owned or operated by an individual or business entity with a state farm tax number that include the raising or breeding of livestock are exempt from the requirements of this Chapter.

((Ord. dated 11-19-13; Ord. dated 7-19-16)

§ 18.30.020 Permitted uses

Keeping of domestic livestock is permitted on a lot or premises as an accessory to a principal residential use provided that the following conditions are satisfied:

A. The number of domestic livestock shall not exceed the limit of animal units per acre, excluding wetlands.

B. A maximum of three animal units are permitted on a lot, regardless of the size of the lot.

C. A lot on which any horse, cow, or other animal weighing more than 1,000 pounds; pony, mule, ass, burro, donkey, ostrich, emu, goat, sheep, llama, or alpaca is kept must have an area of at least one acre for the residential use in addition to the area required to accommodate the animals.

D. For all animals except chickens and rabbits, the lot must have an area of at least one acre. A maximum of six chickens or rabbits may be kept on a lot smaller than one acre.

E. The animals must be cared for in the manner required by Chapter 6.18 of this Code.

(Ord. dated 11-19-13; Ord. dated 7-19-16)

§ 18.30.030 Special permit uses

A. Keeping of the following animals as an accessory to a principal residential use requires a special use permit from the zoning board of review:

1. Keeping more than three animal units of domestic livestock on one lot.

2. Keeping more than six chickens or rabbits on a lot less than one acre.

3. Keeping roosters or peacocks.

4. Keeping swine.

B. 1. The number of domestic livestock kept by special use permit shall not exceed one animal unit per acre.

2. The total number of roosters, chickens, and peacocks shall not exceed 35 per acre.

3. Each swine requires an area of one acre, exclusive of other animals.

4. A lot on which any horse, cow, or other animal weighing more than 1,000 pounds; pony, mule, ass, burro, donkey, ostrich, emu, goat, sheep, llama, alpaca, or swine is kept must have an area of at least one acre in addition to the area required to accommodate the animals.

C. For a special use permit to keep more than three animal units of domestic livestock or a special use permit to keep swine, the following conditions must be satisfied:

1. The applicant shall submit a plan for the storage and disposal of manure for the approval of the zoning board of review. The plan must be approved by the U.S. department of agriculture natural resources conservation service (NRCS).

2. The applicant shall submit a site plan prepared by a registered land surveyor for the approval of the zoning board of review. The site plan shall comply with the following requirements:

a) Outdoor areas where horses are ridden or exercised shall be at least fifty (50) feet from a lot line.

b) Manure shall not be stored or composted within fifty (50) feet of a lot line, within one hundred (100) feet of a well, or within two hundred (200) feet of a wetland or stormwater drainage feature. Areas where manure is stored or composted shall be visually screened from dwellings on adjacent lots.

c) Stormwater and runoff from areas where animals are kept and from areas where manure is stored or composted shall be diverted from wetlands and wells on the same lot or adjacent lots.

d) Structures housing animals other than swine shall be at least fifty (50) feet from lot lines. Structures housing swine and outdoor areas where swine are confined shall be at least three hundred (300) feet from a lot line.

3. The use shall be maintained in compliance with chapter 6.18 of this code.

D. If the zoning board of review grants a special use permit to keep one or more roosters or peacocks, the roosters or peacocks must be cared for in the manner required by Chapter 6.18 of this Code for chickens and rabbits, with the additional requirement that roosters must be confined in a completely darkened shelter between 9:00 p.m. and 7:00 a.m.

(Ord. dated 11-19-13; Ord. dated 7-19-16)

§ 18.30.040 Animal units

For the purposes of this chapter, an animal unit is a measurement used to determine the maximum number of animals that can be accommodated on one acre of land. Animal units are measured as follows:

Animal	Animal units per acre
Horse, cow, or other animal weighing more than 1,000 pounds	1
Mule, ass, burro, donkey	1
Horses or ponies 34 inches or less at the withers at maturity	5
Ostrich, emu	5
Goat, sheep, llama, alpaca	5
Turkey, goose, guinea hen, pea hen, peacock	10
Duck	20
Chicken	35
Rabbit or other animal weighing less than 30 pounds at maturity	35

(Ord. dated 11-19-13; Ord. dated 7-19-16)

REFERENCES

Code ch. 6.18, code ch. 18.30, code § 18.52.010.

§ 18.31 EQUESTRIAN FACILITIES

§ 18.31.010 Definitions

For the purposes of this title, the following words and phrases shall have the following meanings.

Arena or riding ring – An enclosed outdoor area where animals are ridden or exercised.

Equestrian academy – A facility that provides daily care to more than three horses, mules, asses, burros, donkeys and where one or more of the following activities take place: riding instruction; hiring of horses for riding; training of horses; and equestrian shows, exhibits, or competitions to which the public may be admitted.

Equestrian boarding or breeding facility – A facility where horses and other equines are boarded or bred that provides daily care to more than three horses, mules, asses, burros, or donkeys.

Paddock or corral – An enclosed outdoor area where animals are confined.

Pasture – An enclosed area where animals graze.

(Ord. dated 11-19-13)

§ 18.31.020 Performance standards

Equestrian academies and equestrian boarding or breeding facilities shall satisfy the following standards:

A. The property shall be at least three (3) acres and have at least fifty (50) feet of frontage on a public street.

B. The number of animals on the premises shall not exceed twice the number of acres of paddock or corral and pasture.

C. Paddocks or corrals shall be at least twenty-five (25) feet from a lot line; arenas or riding rings shall be at least one hundred (100) feet from a lot line, and structures housing animals shall be at least fifty (50) feet from the front lot line, one hundred (100) feet from the rear lot line, and thirty-five (35) feet from the side lot line. All other structures shall be at least fifty (50) feet from a lot line. Maximum building coverage shall be ten percent (10%).

D. No structure shall exceed thirty-five feet (35) in height.

E. Stormwater runoff from paddocks or corrals and arenas or riding rings shall be diverted from wetlands and wells on the same property or adjacent property.

F. Outdoor lighting shall use full cut-off fixtures approved by the International Dark Sky Association. Light shall be directed away from adjacent property. Arenas or riding rings shall not be lighted between 9:00 p.m. and 8:00 a.m.

G. Amplified outdoor sound systems shall not be used between 9:00 p.m. and 8:00 a.m.

H. Parking areas shall comply with Chapter 18.29 of this Title. One parking space for each stall shall be provided.

(Ord. dated 11-19-13; Ord dated 1-2-18)

§ 18.31.030 Manure management

A. At development plan review, the applicant shall submit a plan for the sanitary storage, disposal or use of all animal waste. The plan may include a composting facility that complies with state department of environmental management regulations. The plan must be approved by the U.S. department of agriculture natural resources conservation service (NRCS).

B. Manure shall not be stored or composted within one hundred (100) feet of a lot line or well, or within two hundred (200) feet of a wetland or stormwater drainage feature.

C. Stormwater runoff from manure storage or composting areas shall be diverted from wetlands and wells on the same property or adjacent property.

(Ord. dated 11-19-13)

REFERENCES

R.I. Gen. Laws title 2, ch. 22; code ch. 18.29; Code ch. 18.08.

§ 18.32 OFF-STREET LOADING

§ 18.32.010 Commercial, industrial and Flex Tech facilities

All commercial, industrial, and Flex Tech structures erected subsequent to the adoption of this title shall provide off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the building inspector at the time of application for the building permit for the main use.

(Ord. dated 12-19-94(part); Ord. dated 11-16-02(part))

§ 18.32.020 Residential district facility restrictions-Size requirement

Residential district facility restrictions – Size requirement. Where a loading facility is to be located in or abutting a residential district, the restrictions contained in Chapter 18.28 concerning surfacing, screening and lighting shall apply. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a street right-of-way.

(Ord. dated 12-19-94(part))

REFERENCES

R.I. Gen. Laws § 45-24-33(a)(4)(vi).

§ 18.33 PROPORTIONATE SHARE DEVELOPMENT FEES

Repealed June 7, 2016

§ 18.34 SOLAR ENERGY SYSTEMS

§ 18.34.010 Definition

For the purposes of this Chapter, a solar energy system consists of a ground-mounted solar panel array and its associated structures and components. The requirements of this Chapter apply to all solar energy systems that are principal uses.

(Ord. dated 7-25-17; Ord. dated 10-15-19)

§ 18.34.020 General requirements

The following requirements apply to solar energy systems.

A. All electrical connection and distribution lines within a solar energy system shall be underground. Electrical equipment between the system and the utility connection may be above ground only if required by the utility.

B. To prevent unauthorized access, the solar energy system shall be enclosed by a security fence at least six (6) feet high. The security fence may be located in a required yard.

C. Exterior lighting within the solar energy system shall be the minimum necessary. All fixtures shall be full-cut off fixtures approved by the International Dark Sky Association.

D. The maximum height of the panels shall be twelve (12) feet, as measured from the average post-construction grade at the base of the structure.

E. The maximum lot coverage in Sec. 18.20.010 shall not apply to a lot with a solar energy system. The minimum front and side yard depths in Sec. 18.20.010 applicable to permitted uses in the zoning district shall apply. The minimum rear yard depth shall be forty (40) feet.

F. A deer-resistant vegetative buffer sufficient to shield the solar energy panels from view from outside the lot shall be installed and maintained. The vegetative buffer shall be installed between the security fence and the lot boundaries. The buffer shall be of a sufficient height at the time of planting to conceal the solar energy panels. The planning board shall have the authority to determine which lot boundaries require vegetative buffering.

G. Major land development project approval shall be required. An The application for development plan review shall include:

1. Written confirmation from the utility that the owner has received preliminary approval to connect the solar energy system to a utility line.

2. The proposed site layout, a diagram of electrical components, a description of the major system components to be used, and a proposed operation and maintenance plan.

(Ord. dated 7-25-17; Ord. dated 10-15-19; Ord. dated 5-21-24)

§ 18.34.030 Facility removal and site restoration

The owner of the solar energy system shall provide for decommissioning of the system, removal of the system components, and restoration of the site upon cessation of operation of the system.

A. The owner of the system shall remove the system and all associated structures and components and restore the site in conformity with the restoration plan approved by the planning board within ninety (90) days of the day the system ceases operation.

B. The applicant shall submit a decommissioning plan with the preliminary plan application for major land development project approval. The decommissioning plan shall include a detailed description of existing site conditions in narrative form, a proposal for site restoration in narrative form, and a detailed estimate of the cost of removal of the system and restoration of the site. The site plan shall show existing conditions as well as proposed development.

(Ord. dated 5-21-24)

C. The administrative officer shall refer the applicant's decommissioning plan to one of the town’s consulting professionals for review and comment. The owner shall be responsible for the cost of the review.

(Ord. dated 5-21-24)

1. The applicant shall make an initial project review fee payment of five hundred dollars ($500) when the land development project application is submitted. Project review fees shall be deposited in a separate interest-bearing account maintained by the finance director. When seventy-five percent (75%) of the initial payment has been spent, the administrative officer may require the applicant to submit additional funds, based on an estimate of the entire cost of the review.

(Ord. dated 5-21-24)

2. When the planning board receives an invoice from a professional for review services rendered, the board shall review the invoice, approve payment if appropriate, and forward the invoice to the finance director.

3. The applicant may ask the administrative officer to refer the review to a different professional if the professional to whom the administrative officer first refers the application is in a position to benefit financially from approval or disapproval of the application; if the professional is not qualified to undertake the review and render an opinion; or if the professional has had a business relationship with the applicant during the previous eighteen months.

(Ord. dated 5-21-24)

4. At any time while the application is pending, the applicant may ask the administrative officer for an accounting of his or her account balance, including fees paid and payments made on invoices.

5. Within twenty-one (21) days after the approved major land development project is recorded in the land evidence records, the administrative officer shall arrange with the finance director to return any unspent balance in an applicant's account, together with any interest earned, to the applicant.

(Ord. 5-21-24)

D. Before a building permit is issued, the owner shall submit the financial guarantee to the finance director in cash or in the form of a surety bond or other secured instrument to insure that funds are available to decommission and remove the solar energy production equipment and restore the site if the owner of the system is unable or unwilling to do so.

1. The financial guarantee shall be payable to the town. The planning board shall determine the amount and the term of the guarantee. The finance director shall approve the form and duration of the guarantee.

2. The town shall have the right to require re-evaluation of the amount of the financial guarantee at least twice during the life of the solar energy system to verify that sufficient funds will be available for removal of the equipment and restoration of the site. At the request of the ~~town planner~~ administrative officer or the finance director ~~of finance~~, the owner of the solar energy system shall submit a detailed estimate of the cost of removal of the system and restoration of the site. The ~~town planner~~ administrative officer shall refer the applicant's cost estimate to one of the town’s consulting professionals for review and comment. The owner shall be responsible for the cost of the review, and the provisions of Subsection C, above, shall apply to the review. After review of the applicant's estimate and the consultant's comments, the planning board shall have the authority to require an increase in the amount of the financial guarantee if an increase is warranted. The planning board's determination shall be recorded in the land evidence records.

(Ord. dated 5-21-24)

3. Each major land development project approval recorded in the land evidence records shall include, as a condition of approval, the following language: “The Town shall have the right to require re-evaluation of the amount of the financial guarantee at least twice during the life of the solar energy system as provided by Sec. 18.34.030(D) of the code of ordinances, as amended.”

(Ord. dated 7-25-17; Ord. dated 10-15-19; Ord. dated 5-21-24)

§ 18.36 SPECIAL REGULATIONS

§ 18.36.045 Repealed 5/21/24

18.36.050 Home-based businesses.

18.36.060 Keeping of horses as an accessory use.

18.36.070 Reserved.

18.36.080 Indoor shooting ranges.

18.36.090 Vehicle service stations, automotive repair, and vehicle body repair.

18.36.100 Standards for developments with multi-family buildings.

18.36.110 Adult entertainment businesses.

§ 18.36.120 Repealed 7/25/17

18.36.130 Commercial vehicles in residential zoning districts.

18.36.140 Farmers’ markets.

18.36.150 Unified development review.

§ 18.36.010 Number of residential structures on a lot

Number of principal residential structures on a lot . Not more than one principal structure used for residential purposes shall be built on any lot in a residential district, except in approved land development projects.

(Ord. dated 12-19-94(part); Ord. dated 5-2-06; Ord. dated 11-19-13)

§ 18.36.020 Vision clearance at corners

On any corner lot and at street intersections in all districts, no wall, fence, structure or building shall be erected, and no hedge, tree, shrub or other vegetation shall be maintained between the heights of three (3) feet and ten (10) feet above the street level within the triangle formed by t he lines of the near edge of the pavement or travel surface of the two streets and a third line joining points on those street lines forty-five (45) feet from their intersection. See Figure 1.

(Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13)

18.36.020 Figure I

§ 18.36.030 Temporary residences

Notwithstanding the requirement in Sec. 18.36.010 that no more than one principal residence may be located on a lot, a recreational vehicle or mobile or manufactured home is permitted on the same lot as a principal residential structure that is under construction or undergoing restoration, in compliance with Ch. 15.02 of the code of ordinances.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

§ 18.36.040 Accessory dwelling units

A. An accessory dwelling unit is a dwelling unit with separate permanent provisions for living, sleeping, eating, cooking, and sanitation that is located in the same structure as, or on the same lot as, a legally-established principal dwelling unit and is incidental and subordinate to the principal dwelling unit. Accessory dwelling units must satisfy the following requirements:

(Ord. dated 5-21-24)

1. The accessory dwelling unit shall have an entrance separate from that of the principal dwelling.

(Ord. dated 5-21-24)

2. A legally established single-unit or multi-unit dwelling may have one accessory dwelling unit that is accessory to the larger of the two principal dwelling units. An accessory dwelling unit shall not be located in, or on the same lot as a mobile home, a mobile home park, a hotel or motel, or a rooming house or boarding house.

(Ord. dated 5-21-24)

3. No more than one parking space shall be required for the accessory dwelling unit.

(Ord. dated 5-21-24)

4. The gross floor area of the accessory dwelling unit shall be no more than fifty percent (50%) of the gross floor area of the principal dwelling, not including unfinished basements, attics, garages, and unenclosed porches, or 800 square feet, whichever is larger, provided, however, that an accessory dwelling unit located in a finished basement may occupy the entire basement.

(Ord. dated 5-21-24)

5. The accessory dwelling unit shall be in the same ownership as the principal dwelling. Either the accessory dwelling unit or the principal dwelling unit must be occupied by the owner of the property.

(Ord. dated 5-21-24)

6. If the accessory dwelling unit will be located in a newly-constructed principal or accessory structure, the structure must satisfy the front yard, side yard, and rear yard dimensional requirements of this Title or must obtain a dimensional variance.

(Ord. dated 5-21-24)

7. An accessory dwelling unit may be constructed in an existing principal structure that is dimensionally nonconforming or in an existing accessory structure that is dimensionally nonconforming without a special use permit if the enlargement or addition does not increase the dimensional nonconformity of the building or structure. The dimensional nonconformity of a building may be increased only by special use permit. In addition to the criteria in Sec. 18.52.060, the property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or by other means.

(Ord. dated 5-21-24)

8. If the principal dwelling is a legal nonconforming use, an accessory dwelling unit may be added to the principal dwelling or an accessory building on the same lot without a special use permit to intensify the use if the building footprint is not enlarged. The footprint of the principal dwelling or an existing accessory building on the same lot may be enlarged to accommodate construction of an accessory dwelling unit by special use permit. The property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or other means.

(Ord. dated 5-21-24)

9. Before a building permit or a certificate of use and occupancy is issued for an accessory dwelling unit, the property owner shall submit to the building official a certification from the R.I. department of environmental management that the onsite wastewater treatment system serving the property will adequately accommodate the accessory dwelling unit.

B. Before February 1 of each year, the administrative officer shall report to the R.I. division of statewide planning all ordinances enacted during the previous calendar year concerning accessory dwelling units; all accessory dwelling units for which a building permit was issued during the two previous calendar years; and all accessory dwelling units for which a certificate of use and occupancy was issued during the two previous calendar years.

(Ord. dated 9-21-04 (part); Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 45-24-31, 45-24-37, 45-24-73, 45-24-74, 45-24-75.

§ 18.36.050 Home-based businesses

A. A home-based business shall be permitted within a principal residence, or in an accessory structure on the same lot as the principal residence, if it meets all of the requirements of this section.

B. The home-based business shall be:

1. Conducted as an accessory use to the principal residential use, and clearly incidental and secondary to the principal residential use;

2. Conducted by a resident of the principal residential use who may not employ more than one person who is not a resident of the principal residence.

C. The property used for a home-based business shall satisfy the following requirements:

1. The home-based business shall occupy no more than 300 square feet of floor space.

2. The home-based business shall be conducted entirely inside a structure.

3. There shall be no exterior evidence that the residence is being used for a home-based business. Exterior displays, exterior signs other than those permitted under Chapter 18.24 of this Title, and exterior storage of material are prohibited.

4. The home-based business shall produce no offensive noise, vibration, smoke, dust, glare, odor, or excessive heat.

5. Traffic shall not be generated in greater volume than would be customary for a residence.

6. No direct retail sales are permitted.

7. A commercial vehicle or equipment used in the business may be parked, kept, or stored on the lot provided it is not visible from the street or abutting properties.

D. More than one home-based business may be conducted on a lot provided that each business meets the requirements of this section and that the combined area of the businesses occupy a total of no more than 300 square feet of floor space.

(Ord. dated 5-2-06; ord. dated 7-17-07; ord. dated 11-19-13)

§ 18.36.060 Keeping of horses as an accessory use

A. Keeping of horses and other equine species is permitted as an accessory use if the following requirements are satisfied:

A. The horse or horses must be kept as an accessory to, and clearly incidental to, a principal residential use.

B. The horse or horses must be kept in compliance with Chapter 18.30 of this Title and Chapter 6.18 of the Code of Ordinances.

(Ord. dated 11-19-13; Ord. dated 5-21-24)

§ 18.36.070 Reserved

§ 18.36.080 Indoor shooting ranges

A. An indoor shooting range shall be entirely enclosed and shall be located in a free-standing building constructed with sufficient noise and reverberation mitigation so that the sound at any point within ten (10) feet of the exterior of the building does not exceed sixty (60) decibels.

(Ord. dated 11-19-13)

§ 18.36.090 Vehicle service stations, automotive repair, and vehicle body repair

A. In vehicle service stations and in facilities offering automotive or vehicle body repair, all services except fuel sales shall take place inside an enclosed building. Parts, supplies, and equipment stored outdoors, and vehicles parked outdoors overnight or longer, shall be screened by a dense evergreen buffer at least ten (10) feet deep.

B. A vehicle service station shall be separated from any abutting residential zoning district or any abutting property with residential, educational, recreational, cultural, or religious uses by a buffer at least one hundred (100) feet deep that includes a solid wall or fence or a dense evergreen hedge.

C. The application for a special use permit shall include a detailed plan explaining how lubricants and fuel oils will be stored to prevent soil, ground water, and surface water contamination.

(Ord. dated 5-21-24)

D. Fuel pump islands shall be located in the rear yard and shall be set back at least fifteen (15) feet from all property lines.

E. Service bay doors shall not face any adjacent public street.

(Ord. dated 11-19-13)

§ 18.36.100 Standards for developments with multi-family buildings

A. A development with one or more multi-family buildings must be approved as a land development project. The maximum number of dwelling units shall be determined by section 3.3 of the land development and subdivision regulations.

B. A development with more than one multi-family building may be designed as a conservation development according to section 18.41.030 of this Title.

C. No multi-family building shall have an average of more than two bedrooms per dwelling unit. No multi-family building of any size shall contain more than one three-bedroom dwelling unit.

D. A development with more than one multi-family building shall be served by public water if public water can be provided without extending a water main. If public water cannot be provided, water shall be supplied by a community well.

E. The following dimensional regulations shall apply to use code 104, multi-family buildings with three or four dwelling units, in the R-1 and R-2 zoning districts.

Lot Size in acres

equal to 43,560 s.f.

Lot frontage (feet)

Front yard depth (feet)

Rear yard depth (feet)

Side yard depth (feet)

3

300

50

100

35

Maximum building lot coverage	Maximum height - main structure (feet)	Maximum height - accessory structure (feet)	Side and rear yard depth - accessory structure (feet)
10%	35	25	20

F. In the General Business zoning district, lots used solely for use codes 101 through 106 in Sec. 18.16.010 on the date of enactment of this section may continue to be used solely for single-family, two-family, and multi-family uses, notwithstanding any other provision of this chapter, provided that for new construction, residential density shall be no more than four dwelling units per acre. Lots in the General Business zoning district not used solely for use codes 101 through 106 in Sec. 18.16.010 on the date of enactment of this section must contain both non-residential uses and residential multi-family uses at a density of no more than four dwelling units per acre.

G. This Chapter does not apply to residential development in the PUD-VC zoning district, which is regulated by section 18.42.040 of this Title.

(Ord. dated 11-19-13; Ord. dated 6-16-15; Ord. dated 1-2-18)

§ 18.36.110 Adult entertainment businesses

A building containing an adult entertainment business shall be located no closer than 1500 feet to a structure in which a residential use (use codes 101, 102, 103, 104, 105, 106, 112, 114, 116), a place of worship (use code 444), a school (use codes 301, 302, 303, 306), or a recreational use (use codes 402, 406, 408, 409, 410, 414, 420, 424, 432, 434, 436, 1015, 1020, 1025, 1040) is located.

(Ord. dated 11-19-13; Ord. dated 5-16-17)

§ 18.36.130 Commercial vehicles in residential zoning districts

A c o mmercial vehicle classified by the U.S. department of transportation in classes 6 through 8 with a gross vehicle weight of more than 19,500 pounds shall not be parked or stored in a residential zoning district unless the vehicle is directly related to a permitted use, a special permit use, or a legal nonconforming use of the property.

(Ord. dated 5-16-17)

§ 18.36.140 Farmers’ markets

The following development standards shall apply to farmers’ markets.

A. The site on which a farmers’ market is located shall have at least 20,000 square feet of contiguous undeveloped area.

B. The site on which a farmers’ market is located shall have frontage on an arterial street or a collector street as those terms are defined in Section 13.4.1 of the land development and subdivision regulations.

C. Any number of temporary signs associated with the market may be displayed at the site of the market during the hours the market is open.

D. The sponsoring organization shall be responsible for insuring that all refuse is removed from the site and properly disposed of at the end of each day the market is open.

E. No farmers’ market shall open earlier that 7:00 a.m. or close later than 8:00 p.m.

F. A farmers’ market may be located on the site of a legal nonconforming use or a special permit use without obtaining a special use permit, notwithstanding the provisions of Section 18.48.040(A) or 18.52.060(C) of this Title.

G. A site on which the farmers’ market will be located must receive development plan approval pursuant to Chapter 18.54 of this Title.

1. Application fees, including the pre-application conference fee and the base fee, shall not exceed a total of five hundred dollars ($500), notwithstanding the provisions of section 18.54.050 of this Title.

2. The administrative officer shall have the authority to waive or modify any requirement of Chapter 18.54 or the checklist contained in Article 15 of the land development and subdivision regulations with respect to the information and documents an applicant must submit if, in his or her professional opinion, the information or document is not necessary for a comprehensive review. The administrative officer or the planning board shall have the authority to request submission of any information or document omitted from the application pursuant to this subsection.

(Ord. dated 5-21-24)

3. The administrative officer or the planning board must find that adequate off-street parking will be available and that the site is arranged for safe vehicle and pedestrian circulation. If the farmers’ market is located in the parking area of an existing permanent use, adequate parking must be available for the farmers’ market as well as for the permanent use if it is open during the hours the farmers’ market is open.

(Ord. dated 5-16-17; Ord. dated 5-21-24)

§ 18.36.150 Unified development review

A. Unified development review authorizes the planning board, rather than the zoning board of review, to approve variances and special use permits that are requested concurrently with an application for approval of a development plan, subdivision, or land development project.

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

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

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

E. The administrative officer shall have the authority to require the submission of a checklist for unified development review. This checklist shall be approved by the Planning Board.

(Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 45-23-50.1, 45-24-46.4.

§ 18.37 AQUIFER PROTECTION OVERLAY DISTRICT

Repealed 7/18/23

§ 18.38 LAND DEVELOPMENT PROJECTS

§ 18.38.010 Definition

A land development project is a development in which one or more lots, tracts, or parcels are developed or redeveloped as a coordinated site for a complex of uses or structures. Land development projects include, but are not limited to, conservation developments and planned district developments.

(Ord. dated 12-19-94 (part); Ord. dated 9-2-03 (part); Ord. dated 10-21-03 (part); Ord. dated 8-12-14; Ord. dated 5-21-24)

§ 18.38.020 Procedure for approval

Land development projects shall be planned, reviewed and approved in conformance with the land development and subdivision regulations.

(Ord. dated 12-19-94 (part); Ord. dated 10-21-03 (part); Ord. dated 8-12-14)

§ 18.38.030 Ownership of open land

A. Areas in a land development project that will remain open and undeveloped may be owned by the owners of the lots or units in the development, by a nonprofit conservation entity, by a governmental body, by an individual or individuals, or by a business entity.

B. Fee simple ownership of the property and a conservation or preservation restriction on the same property may be conveyed to different entities or individuals.

C. If the open land will be owned by the owners of lots or units in the development, the property shall be conveyed to an association, corporation, or cooperative owned by the owners of lots or units in the development. Ownership of a lot or unit shall not be conveyed separately from the ownership interest in the open land.

(Ord. dated 8-12-14)

§ 18.38.040 Use of open land

A. The open, undeveloped land in a land development project shall be used only as open space, as a conservation area, as wildlife habitat, for passive recreation, for water or groundwater resource protection, for agriculture or forestry, for protection of a structure or site significant for its architecture or its archaeological or historical associations, or for stormwater drainage facilities if those facilities are permitted by the land development and subdivision regulations. The use or uses to which the open land is restricted shall be approved by the planning board and shall be shown on the final plat.

B. A perpetual conservation or preservation restriction pursuant to title 34, chapter 39 of the general laws shall be recorded with the final plat. The grantee of the conservation or preservation restriction shall be a nonprofit corporation, association, trust, or other entity whose purposes include conservation; the Richmond rural preservation land trust; or the town of Richmond. The instrument shall state the names of the entities or individuals who have the right to enforce the restriction. If the town of Richmond is not the grantee, the instrument shall state that the town has the right to enforce the restriction.

(Ord. dated 8-12-14)

REFERENCES

Title 45, chapter 23 of the general laws; R.I. Gen. Laws § 45-24-47; Code ch. § 18.08; land development and subdivision regulations.

§ 18.39 COMPREHENSIVE PERMITS FOR LOW AND MODERATE INCOME HOUSING

§ 18.39.080 Preliminary plan approval

18.39.090 Conditions of approval.

18.39.100 Denial of approval.

18.39.110 Final plan approval.

18.39.120 Appeal.

§ 18.39.010 Authority

The planning board shall have the authority to issue comprehensive permits for residential or mixed-use subdivisions or land development projects that meet the criteria in the Low and Moderate Income Housing Act. When approving a comprehensive permit application, the planning board has the authority that would otherwise be exercised by other municipal bodies or officials to issue permits or approvals for the development.

(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 3-21-23)

§ 18.39.020 Definitions

The following words or phrases shall have the following meaning when used in this Chapter:

A. Adjustment – 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. The standard for the local review board’s consideration of adjustments is set forth in § 45-53-4(d)(2)(iii)(E)(II).

(Ord. dated 5-21-24)

B. Approved affordable housing plan. -- An approved affordable housing plan is a plan to address housing needs that is part of the comprehensive community plan’s housing element, has been prepared in accordance with state planning council guidelines, and has been approved by the director of the department of administration.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

C. 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.

(Ord. dated 5-21-24)

D. Letter of eligibility -- A letter issued by the R. I. housing and mortgage finance corporation pursuant to R.I. Gen. Laws § 42-55-5.3(a) stating that the project as proposed satisfies the regulatory criteria for a comprehensive permit.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

E. Low or moderate-income housing -- Housing subsidized by a federal, state, or municipal government subsidy that is affordable to low or moderate income households, as defined in R.I. Gen. Laws § 42-128-8.1(d)(1), and will remain affordable through a land lease or deed restriction for at least 30 years from initial occupancy. Also called affordable housing.

(Ord. dated 5-21-24)

F. Municipal government subsidy -- Assistance made available through a town program sufficient to make housing affordable, as affordable housing is defined in R.I. Gen. Laws § 34-42-128-8.1(d)(1), including but not limited to direct financial support, abatement of taxes, waiver of fees and charges, density increases, internal subsidies, zoning incentives, adjustments, or any combination of forms of assistance.

(Ord. dated 9-21-04 (part), ord. dated 1-16-07; Ord. dated 9-7-10; Ord. dated 3-21-23; Ord. dated 5-21-24)

G. Rehabilitation -- Substantial upgrade or modification of the interior or exterior of a structure, correction of substandard conditions, or replacement of major housing systems in danger of failure.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

§ 18.39.030 Eligible proposals

An applicant proposing to build or rehabilitate low or moderate income housing may submit to the planning board an application for a comprehensive permit to build or rehabilitate that housing, instead of submitting separate applications to the local boards and officials who would otherwise have the authority to approve the application. This procedure is available only for proposals in which at least twenty-five percent of the dwelling units will be reserved for occupancy by low or moderate income households.

(Ord. dated 9-21-04 (part), ord. dated 1-16-07; Ord. dated 3-21-23)

§ 18.39.040 Mandatory zoning incentives

The planning board shall approve the following zoning incentives:

(Ord. dated 5-21-24)

A. Density bonus. A municipality shall provide an applicant with more dwelling units than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a minimum, the following density bonuses for projects submitted under this chapter, provided that the total land utilized in the density calculation shall exclude wetlands; wetland buffers; area devoted to infrastructure necessary for development; and easements or rights of way of record:

(Ord. dated 5-21-24)

i. For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income housing shall be at least five (5) units per acre;

(Ord. dated 5-21-24)

ii. For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing shall be at least nine (9) units per acre;

(Ord. dated 5-21-24)

iii. For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides one hundred percent (100%) low- and moderate-income housing shall be at least twelve (12) units per acre;

(Ord. dated 5-21-24)

iv. For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income housing shall be at least three (3) units per acre;

(Ord. dated 5-21-24)

v. For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing shall be at least five (5) units per acre;

(Ord. dated 5-21-24)

vi. For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides one hundred percent (100%) low- and moderate-income housing shall be at least eight (8) units per acre;

(Ord. dated 5-21-24)

B. No more than one off-street parking space shall be required for a dwelling unit with 1 or 2 bedrooms, notwithstanding the requirements of Ch. 18.29 of this Title.

(Ord. dated 5-21-24)

C. A municipality shall not limit the number of bedrooms for applications submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-family dwelling units.

(Ord. dated 5-21-24)

D. An applicant shall not be required to reduce the area of any room in a dwelling unit below the requirements of the R. I. building code or the R. I. housing maintenance and occupancy code.

(Ord. dated 5-21-24)

§ 18.39.050 Applicable ordinances and regulations

A. The provisions of Ch. 18.21 of this Title, aquifer protection overlay district, apply to comprehensive permit projects that are located partly or entirely in the aquifer protection overlay district.

(Ord. dated 5-21-24)

B. The following provisions of the land development and subdivision regulations apply to comprehensive permit applications: Sec. 3.2 (phasing of major land developments and major subdivisions), Sec. 3.4 (environmental study), Sec. 5.8 (site walk), Art. 6 (recording of plats and plans and acceptance of public improvements), Art. 7 (improvement and maintenance guarantees), Sec. 11.3 (administrative fees), Sec. 11.4 (planning board records). Art. 13 (design and improvement standards), and Art. 14 (construction specifications and procedures).

(Ord. dated 5-21-24)

§ 18.39.060 Pre-application conference

The applicant shall be required to complete a pre-application conference with the local review board, which shall be the planning board, the technical review committee, or the administrative officer, as appropriate. Meetings with the local review board, which shall be the planning board, shall be strongly encouraged. The applicant shall be required to submit only the following information: An application form for pre-application review; a brief written description of the project that includes the number of dwelling units, type of housing, a density analysis, and a preliminary list of adjustments needed; a location map; and conceptual site plan. The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required. The purpose of the pre-application conference shall be to review a concept plan of the proposed development and to elicit feedback from the local review board, which shall be the planning board. The administrative officer shall schedule the pre-application conference upon submission of the required material. The municipality shall have 30 days to schedule and hold the pre-application conference, unless a different timeframe is agreed to by the applicant in writing. If the pre-application conference does not take place within thirty days of the date the application is submitted, and the applicant has not agreed to a different timeframe in writing, the applicant may submit an application for preliminary plan review.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

§ 18.39.070 Preliminary plan review

A. The applicant shall submit the following material for preliminary plan review:

(Ord. dated 5-21-24)

1. A completed comprehensive permit application form.

(Ord. dated 5-21-24)

2. A letter of eligibility issued by the R. I. housing and mortgage finance corporation, or in the case of projects primarily funded by the U.S. department of housing and urban development or other state or federal agency, an award letter indicating the subsidy.

(Ord. dated 5-21-24)

3. A proposed timetable for the commencement of construction and completion of the project.

(Ord. dated 5-21-24)

4. The preliminary plan checklist in Article 15 of the land development and subdivision regulations and all the items required by the checklist except state or federal permits.

(Ord. dated 5-21-24)

5. A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments.

(Ord. dated 5-21-24)

B. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing or incomplete. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least 10 days to recertify a revised application.

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

§ 18.39.80 Preliminary plan approval

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

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

1. The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Richmond’s affordable housing plan. “Consistent with local needs” means reasonable in view of:

(a) The state’s need for low and moderate income housing.

(b) The number of low income persons in Richmond.

(c) The need to protect the health and safety of the occupants of the development or the health and safety of Richmond residents.

(d) The need to promote better site and building design in relation to the surroundings or to preserve open spaces.

(e) The need to apply Richmond’s land use ordinances and regulations as equally as possible to subsidized and unsubsidized housing.

(Ord. dated 3-21-23)

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

(Ord. dated 3-21-23; Ord. dated 5-21-24)

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

(Ord. dated 3-21-23)

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

(Ord. dated 3-21-23; Ord. dated 5-21-24)

5. All of the buildings in the development will have adequate and permanent physical access to a public street.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

6. None of the building lots will have physical constraints to development that would make construction on those lots impracticable.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

C. The decision must specifically identify each incentive and adjustment approved.

(Ord. dated 3-21-23; Ord. dated 5-21-24)

D. A majority vote of the planning board members present is necessary for approval.

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

F. The approved preliminary plan expires 2 years after the date of approval. The applicant may request 2 one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.

(Ord. dated 5-21-24)

§ 18.39.090 Conditions of approval

A. The planning board shall have the authority to impose conditions and requirements on the decision if the conditions and requirements are consistent with the approved affordable housing plan and the low and moderate income housing act and if there is evidence in the record to support the need for the conditions.

(Ord. dated 5-21-24)

B. If the planning board proposes conditions to be placed on the approval that the applicant believes would make the development infeasible, the planning board shall give the applicant a reasonable opportunity to respond to the proposed conditions before the planning board votes to impose the conditions. The burden is on the applicant to show that the conditions would make the development infeasible.

(Ord. dated 5-21-24)

§ 18.39.100 Denial of approval

The planning board may deny approval of the application for any of the following reasons:

A. Richmond has an approved affordable housing plan, has made significant progress in implementing the approved affordable housing plan, is meeting local housing needs, and the proposed development is inconsistent with the approved affordable housing plan. “Meeting local housing needs” means that as a result of the implementation of the approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to that plan, at least 20% of the total residential units approved by the planning board in the previous calendar year are for low and moderate income housing.

(Ord dated 5-21-24)

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

C. The proposed development is not in conformance with the comprehensive community plan.

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

(Ord. dated 3-21-23)

E. The proposed development may negatively impact the environment and the health and safety of current Richmond residents and the applicant has not adequately addressed those concerns.

(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 9-7-10; Ord. dated 3-21-23)

§ 18.39.110 Final plan approval

A. The applicant shall submit the following material for final plan approval:

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

2. A draft agreement with a monitoring agent appointed by the R. I. housing resources commission that will ensure that each low or moderate income dwelling unit is sold, leased, owned or occupied in compliance with the recorded affordability restrictions.

(Ord dated 5-21-24)

3. A draft land lease or deed restriction with affordability liens that restricts the use of the property to low or moderate income housing in conformance with R.I. housing and mortgage finance corporation guidelines for at least 30 years.

(Ord. dated 5-21-24)

4. The final plan checklist in Article 15 of the land development and subdivision regulations and all the items required by the checklist.

(Ord. dated 5-21-24)

5. Arrangements for completion of the required public improvements, including financial guarantees.

(Ord. dated 5-21-24)

B. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least 10 days to recertify a revised application.

(Ord. dated 5-21-24)

C. The administrative officer shall approve the final plan within 45 days of the date it was certified as complete; provided, however, that the applicant may be required to return to the planning board for final plan approval if the planning board has waived submission at preliminary plan review of any required information, if the application does not satisfy conditions of the preliminary plan approval; if the application does not include all the required material; or the applicant has proposed a major change to the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan.

(Ord. dated 5-21-24)

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

(Ord. dated 5-21-24)

E. The approved final plan expires 2 years after the date of approval. The applicant may request a one-year extension, and must appear before the planning board to request the extension. The planning board may approve further extensions for good cause. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of Final Plan approval are vested until the final plan expires.

(Ord. dated 5-21-24)

§ 18.39.120 Appeal

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

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

(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 3-21-23; Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws § 45-24-30(8), § 45-24-30(9), §§ 45-53-3, 45-53-4, 45-53-5; 45-53-5.1; Land Development and Subdivision Regulations Art. 3, 5.

§ 18.40 PLANNED DISTRICT DEVELOPMENT

§ 18.40.010 Purpose

The purpose of this chapter is to establish a zoning district in which the development of innovative non-residential and mixed use projects is encouraged.

(Ord. dated 12-19-94(part); ord. dated 11-19-13)

§ 18.40.020 Planned district developments

A. A planned district development is characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses.

(Ord. dated 12-19-94(part); ord. dated 11-19-13)

B. Planned district developments are intended as an alternative method of development in the Planned District Development zoning district. A planned district development may be proposed for a vacant parcel of any size in the Planned District Development zoning district. In the alternative, any vacant parcel in the Planned District Development zoning district may be conventionally developed, and any developed parcel in the Planned District Development zoning district may be conventionally redeveloped, according to the regulations applicable in the General Business or the R-2 zoning district.

C. A planned district development must be approved as a land development project.

(Ord. dated 11-19-13)

§ 18.40.030 Objectives of planned district development

A. To maximize opportunities for flexibility in the design of large developments; and

B. To encourage developers to conserve the natural features of a site, and protect natural and historic resources; and

C. To encourage a more efficient and aesthetic use of land for recreation, conservation and open space uses; and

D. To encourage and promote variety in the physical development of land use in the town; and

E. To allow effective use of physical improvements and municipal services relative to land use development; and

F. To foster and maintain the rural character of the town, and

G. To provide a transitional area between business and industrial uses and residential uses.

(Ord. dated 12-19-94(part); ord. dated 11-19-13)

§ 18.40.040 Standards and requirements for planned district developments

Standards and requirements for planned district development.

A. Permitted uses and special permit uses that may be located in a planned district development are shown in Chapter 18.16 of this Title.

B. The development density required for single-family and two-family dwellings in the R-2 zoning district shall apply to residential uses in a planned district development, and the development density required for uses in the General Business zoning district shall apply to non-residential uses in a planned district development.

C. For planned district developments, the planning board shall have the authority to approve departures from the General Business and R-2 dimensional regulations, including but not limited to lot area, lot width, lot frontage, yard dimensions, and parking requirements.

(Ord. dated 11-19-13)

§ 18.40.050 Standards for conventional development

A. The dimensional requirements for the R-2 zoning district, including sign regulations, shall apply to existing and proposed single-family and two-family dwellings in the Planned District Development zoning district that are not part of a planned district development.

B. The dimensional requirements for the General Business zoning district, including sign and parking regulations, shall apply to existing and proposed non-residential buildings in the Planned District Development zoning district that are not part of a planned district development.

(Ord. dated 12-19-94(part); ord. dated 11-19-13)

REFERENCES

R.I. Gen. Laws § 45-24-47.

§ 18.41 CONSERVATION DEVELOPMENTS

§ 18.41.010 Purpose

The purposes of this chapter are:

A. To conserve large contiguous areas of open land;

B. To preserve historical and archaeological resources and scenic views;

C. To provide greater design flexibility and efficiency in siting of buildings and infrastructure in order to reduce length of streets and the amount of impervious surfaces;

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

E. To implement municipal policies to conserve a variety of irreplaceable and environmentally important resources identified in the comprehensive plan;

F. To provide reasonable incentives for the creation of greenway systems;

G. To implement land use, transportation and community service policies identified in the comprehensive plan;

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

I. To create neighborhoods with direct visual and physical access to open land.

(Ord. dated 9-2-03 (part); ord. dated 11-19-13)

§ 18.41.020 Maximum density for conservation development

The maximum residential density in a conservation development shall not exceed the density that would be permitted by a yield plan, as that term is defined in the land development and subdivision regulations, plus any incentive dwelling units and any dwelling units required by Chapter 18.18 of this Title.

(Ord. dated 9-2-03 (part); ord. dated 5-2-06; ord. dated 11-19-13)

§ 18.41.030 Required open space

Every conservation development shall include open space. Except in the Agricultural Overlay District, the open space shall be a separate lot. The minimum size of the open space lot is based on the amount of land suitable for development in the parcel, as shown in the table below.

(Ord. dated 6-16-15)

Zoning District	Open space as a percentage of land suitable for development
Agricultural Overlay	75%
R-3	65%
R-2	60%
R-1	50%
G.B. L.I., I.,PD, SV.	10%

§ 18.41.040 Zoning incentives

A. The Planning Board may increase the residential density of a conservation development where the developer has provided at least 20% (twenty percent) more open space than the minimum required, and where the additional open space would benefit the conservation goals of the town by:

1. providing more contiguous open space, or

2. protecting the rural character of the town, or

3. reducing the amount of infrastructure needed, or

4. preserving a specific natural, historical, or environmental feature, or

5. reducing development in a state-designated wellhead protection area.

The burden is on the subdivider to prove to the Planning Board that the conservation development with a density bonus would be a benefit to the town.

B. Density bonuses shall be determined according to the following table. All figures shall be rounded down to the nearest whole number:

Amount of open space provided beyond minimum	Density multiplier
20% to 29%	Factor of 1.05
30% to 39%	Factor of 1.1
40% or more	Factor of 1.15

C. No conservation development in an aquifer overlay district shall be eligible for a density bonus.

(Ord. dated 9-2-03 (part); ord. dated 5-2-06; ord. dated 11-19-13; Ord. dated 6-16-15)

§ 18.41.050 Modification of lot requirements

A. Lot size, shape, and other dimensional characteristics may be modified to conform more closely to the natural features of the land. The following minimum dimensional regulations shall apply:

Use	Lot area (sq. ft.)	Frontage (feet)	Front yard (feet)	Rear yard (feet)	Side yard (feet)	Side, rear yard depth - accessory structures (feet)	Maximum bldg. coverage
Single family	10,000	80	25	30	10	10	20%
Two family	15,000	80	25	30	10	10	20%
Multi-family	30,000	100	40	40	20	10	20%

B. The planning board may approve a reduction in the frontage of any lot to a minimum of twenty (20) feet. On such a lot, front yard depth is measured from the reduced frontage line. The preliminary plan approval shall identify the lot or lots with reduced frontage and shall include a finding that the reduction is appropriate to the site and the subdivision design.

C. The maximum building heights for principal and accessory structures in a conservation development are those of the underlying zoning district.

(Ord. dated 9-2-03 (part); ord. dated 11-19-13; Ord. dated 6-16-15)

§ 18.41.060 Uses permitted within open space areas

The open space in a conservation development shall be used for passive or active recreation or for agricultural purposes, or shall be preserved as a conservation area. Stormwater drainage areas, on-site wastewater treatment systems and wells may be located in open space if the planning board finds that the location of the facility is compatible with nearby uses.

(Ord. dated 9-2-03 (part); Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 6-16-15)

§ 18.41.070 Agricultural overlay district

Conservation developments in the agricultural overlay district shall satisfy all the requirements of Chapter 18.46 of this Title and the corresponding requirements of the land development and subdivision regulations. If more than one farm is created, one must be least twenty-five (25) acres. Additional smaller open space lots may be created if they are necessary to accommodate stormwater management features, fire cisterns, or particular site conditions.

(Ord. dated 9-7-10; Ord dated 11-19-13; Ord. dated 6-16-15)

REFERENCES

R.I. Gen. Laws § 45-24-33(b)(1), § 45-24-47; Code ch. 18.46; §18.20.010; §18.20.030; land development and subdivision regulations § 4.1.

§ 18.42 PLANNED UNIT DEVELOPMENT-VILLAGE CENTER DISTRICT

§ 18.42.040 Standards and requirements for development

18.42.050 Application procedure.

18.42.060 District design criteria.

18.42.070 Severability

§ 18.42.010 Purpose

The purpose of the planned unit development-Village Center zoning district is to provide an area for economic development according to design criteria particular to the district. The district is intended to be a mixed use development which provides for a diversity of compatible land uses and development densities. The entire district shall be planned as an integrated, coordinated development project, the components of which may include residential uses at different densities, neighborhood businesses, professional offices, retail uses, industrial uses, governmental uses, and recreational facilities. Development in this district is to be designed to highlight residential and commercial/retail uses along Route 138, with industrial uses further back. In addition, development of the district is to include significant recreational or open space area, which should also be located along Route 138 with industrial development behind it. The district is intended to facilitate joint or common use of parking, common use and maintenance of open space and recreational facilities, conservation of land and provision of open space through the clustering of buildings and activities, and lower infrastructure costs through increased use densities. A master plan must be approved by the planning board before any development takes place.

(Ord. dated 11-19-02 (part); Ord. dated 7-21-26)

§ 18.42.020 Village Center development

The district is intended to provide for a mix of residential, commercial, industrial, and other uses. The intent of this section is to limit the number of street access points from the district to Route 138, and minimize visual impact from the district through the location of vegetative buffer zones, recreational uses, and other non-structural features. Visual impact can also be affected by locating residential and commercial/retail mixed uses along Route 138 and siting industrial type uses behind the residential, commercial/retail uses and recreational/open space uses. The planning board may permit residential units to be located above commercial and retail establishments in the district.

(Ord. dated 11-19-02 (part); Ord. dated 6-5-12; Ord. dated 7-21-26)

§ 18.42.030 Objectives

The objectives of the planned unit development-Village Center district are to:

A. Encourage the development of a mix of residential, commercial, industrial, and public uses that retains a sense of the rural landscape of the town and provides an environment consisting of a gathering place for town residents and visitors along with useable open space, greenways, recreational facilities and land (Ord. dated 7-21-26);

B. Provide a concentrated area of land use that promotes sustainable development patterns (Ord. dated 7-21-26);

C. Maximize opportunities for flexibility in the design and development of residential, commercial and industrial areas that would not be possible through conventional application of ordinance requirements (Ord. dated 7-21-26);

D. Encourage and promote variety in the development of land, which includes housing (Ord. dated 7-21-26);

E. Allow for efficient provision and effective use of physical improvements and municipal services relative to land use development;

F. Control access of new development on town and state roads so that traffic safety and circulation are not affected adversely (Ord. dated 7-21-26);

G. Provide an open space plan for the district and project that may incorporate pathways, walkways and bike trails throughout and may link to a larger open space greenway plan for the community and the county (Ord. dated 7-21-26);

H. Assure the clustering of uses and parking areas on the most appropriate developable land within the district and the project (Ord. dated 7-21-26);

I. Assure that the design of new structures, parking areas, and landscaping is compatible with the natural topography and features of the site and the existing character of the town for buildings fronting along the Route 138 corridor (Ord. dated 7-21-26); and

J. Provide for an efficient procedure to ensure appropriate, high quality design and site planning. (Ord. dated 7-21-26)

(Ord. dated 11-19-02 (part); Ord. dated 7-21-26))

§ 18.42.40 Standards and requirements for development

A. Uses Allowed

1. Uses permitted by right or special use permit are listed in Table 18.16.010 and are allowed anywhere on the lot except as follows:

a. Use Code 626, Vehicle service stations, automotive repair, and vehicle body repair, shall:

i. Be accessory to primary use of the district or project;

ii. Be set back at least 700 feet from the edge of the Route 138 right of way;

iii. In vehicle service stations and in facilities offering automotive or vehicle body repair, all services except fuel sales shall take place inside an enclosed building;

iv. If adjacent to a residential zone or use, parts, supplies, and equipment stored outdoors, and vehicles parked outdoors overnight or longer, shall be screened by a dense evergreen buffer at least ten (10) feet deep;

v. Shall provide a detailed plan explaining how lubricants and fuel oils will be stored to prevent soil, ground water, and surface water contamination; and

vi. Section 18.36.090 shall not apply to this Use in the PUD-VC zone.

(Ord. dated 7-21-26)

b. Use Codes 532, Transportation terminal, 534, Airport, helipad, 536, Towing with vehicle storage, and 537 Office with indoor or outdoor vehicle storage not otherwise classified, shall be set back at least 700 feet from the edge of the Route 138 right of way. (Ord. dated 7-21-26)

c. Use Code 642, Warehouse sales with indoor storage only, with greater than 50,000 square feet of floor area shall be set back at least 700 feet from the edge of the Route 138 right of way (Ord. dated 7-21-26);

d. Use Code 644, Warehouse sales with outdoor storage, with greater than 50,000 square feet of floor area shall be set back at least 700 feet from the edge of the Route 138 right of way (Ord. dated 7-21-26); and

e. All uses within Part 90, Manufacturing & Extractive, shall be set back at least 700 feet from the edge of the Route 138 right of way. (Ord. dated 7-21-26)

f. The 700 foot setback from the edge of the Route 138 right of way for the above identified uses may be reduced by dimensional variance. (Ord. dated 7-21-26)

B. Site design details, including but not limited to landscaping and open space networking, shall be approved by the planning board. Public improvements shall be constructed in conformance with the requirements of the land development and subdivision regulations and any other applicable municipal ordinance. (Ord. dated 7-21-26)

C. No residential dwelling unit in the district shall have more than two (2) bedrooms. (Ord. dated 7-21-26)

D. A minimum of twenty percent (20%) of the aggregate of the business, commercial and industrial area in the district or project shall be devoted to open space or recreational uses. The applicant may include more than twenty percent (20%) open space or recreational area but the planning board may not require more. Streets, parking areas (except as needed for trail and recreational uses), required yards, utility easements, or above ground or open stormwater management structures shall not occupy the required open space and recreational area. (Ord. dated 7-21-26)

E. Land Development and Subdivision Regulations, Article 4, Section 4.1, Conservation Developments, shall not apply to the PUD-VC Zone. (Ord. dated 7-21-26)

F. The planning board may waive or modify lot dimensional standards including, building lot coverage, building height, floor area, building setbacks and lot areas, without the need for a dimensional variance, if it finds that such waiver or modification would result in a more functional use of the property. (Ord. dated 7-21-26)

G. The planning board shall approve the shape, site, location and use of open space. An open space and conservation area shall be a component of the master plan. A pathway or walkway plan, if feasible, as determined by the Planning Board, may be a component of the master plan. Any conservation or preservation easements for open space shall be conveyed, as per R.I. Gen. Laws § 45-24-47(e), and subject to mutually agreed to terms including indemnification provisions, to:

a. The town of Richmond and accepted by it for park, open space, agricultural, or other specified use or uses; or

b. A nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

c. A corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shared within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units; or

d. Remain in private ownership subject to a restrictive use deed limiting the uses to agriculture, habitat, forestry, park, or open space. (Ord. dated 7-21-26)

F. Approval and development of the district or project may take place in phases approved by the planning board. The planning board shall approve the physical limitations and time limitations applicable to each phase at the time of master plan approval. (Ord. dated 7-21-26)

(Ord. dated 11-19-02 (part); Ord. dated 6-5-12; Ord. dated 7-21-26)

§ 18.42.050 Application procedure

A. A master plan for the entire project must be approved by the planning board prior to the subdivision and development of any portion of the project. (Ord. dated 7-21-26)

B. Approval of a master plan shall be according to the procedure provided for approval of major subdivisions and land development projects under Article 5 of the Richmond land development and subdivision regulations. The planning board may require information in addition to that required by the land development and subdivision regulations, provided that the reason for requiring such information is accompanied by findings of fact and reduced to writing. At the master plan application stage, the applicant shall submit to the planning board evidence that the proposed design is consistent with the intent and requirements of this section, and how it relates to surrounding land uses.

C. At the preapplication stage of review, the applicant shall submit general, conceptual materials in advance of the meeting to include:

1. Location map showing the proposed project with existing streets;

2. Proposed land uses; and

3. Proposed circulation pattern, indicating all public and private streets;

4. Proposed parks, recreational facilities and open spaces;

5. Identification of the development’s construction phasing. (Ord. dated 7-21-26)

D. The approved Preliminary Plan shall show general locations of all proposed buildings. (Ord. dated 7-21-26)

E. The planning board may require a traffic impact analysis, an environmental assessment, or an environmental impact statement, in accordance with Section 3.5 of the land development and subdivision regulations.

F. Aquifer protection overlay. If any portion of the project is within an aquifer protection overlay district, the land development application shall additionally include the materials that would be required if applying for review pursuant to Chapter 18.21. Application of the aquifer protection requirements in Chapter 18.21 shall only apply to that portion of the project within the Aquifer protection overlay. Review of the aquifer protection overlay district shall be concurrent with review of the land development project. (Ord. dated 7-21-26)

(Ord. dated 11-19-02 (part); Ord. dated 2-16-10; Ord dated 6-5-12; Ord. dated 7-21-26)

§ 18.42.060 District design criteria

In the event of a conflict between these design criteria and the Design and Improvement Standards, Article 13, of the Land Development and Subdivision Regulations, these criteria shall govern. (Ord. dated 7-21-26)

A. Architectural Standards. The following architectural standards shall only apply to structures within 700 feet of the edge of the Route 138 right of way. (Ord. dated 7-21-26)

1. The architectural design of buildings, structures, and site lay out will be visually compatible with a historic New England village in scale and character, including building materials, massing, density, window arrangement, and roof lines.

2. A diversity of roof heights, gable orientations and volumes in new buildings shall be considered. Buildings shall be designed with traditional roof forms that are compatible with the character of the town, including but not limited to gambrel, gable and hipped roofs commonly found in the town and other small New England towns.

3. Architectural elements such as dormers shall be in proportion to the overall building and surrounding buildings. Exaggerated or excessively large architectural elements shall be avoided. Traditional and contemporary architectural detailing that creates variety, interest and texture on new buildings and additions and that is compatible with the character of the town is encouraged.

4. Traditional building materials such as shingles, wood clapboards, brick and stone shall be used for the exterior of new construction and additions on the side that have direct views from existing public streets. Cement board, cement products, and other products providing the appearance of traditional building materials is acceptable. Concrete block exteriors are not acceptable. For buildings visible from existing town streets, the architectural design shall be compatible with a traditional New England village character. (Ord. dated 7-21-26)

5. Residential structures shall be clustered in village-like groupings to provide a distinctive neighborhood character. Buildings shall be oriented to the street, with front yards and entryways that provide convenient access to sidewalks and paths.

6. Large-scale development shall take the form of village-like groupings of small-scale buildings, rather than large individual structures or box-like buildings set back on a large expanse of paved parking.

7. Service areas and mechanical equipment shall be placed to the rear or side of buildings in visually unobtrusive locations. Service areas shall be screened through landscaping or structural elements at a minimum of five feet in height, to prevent direct views from adjacent properties or from public or private streets used by the general public.

8. Mechanical equipment shall be screened through walled units or integrated into architectural features of the buildings.

B. Open Space.

1. Design and layout of the district or project shall incorporate landscaping adjacent to Route 138. Such landscaping serves as a buffer between the residential/commercial/retail buildings and Route 138, and highlight the building design when viewed from outside the district or project site. (Ord. dated 7-21-26)

2. Additional public greens and common areas may be located in residential areas to provide useable open space and park-like settings in a neighborhood context. (Ord. dated 7-21-26)

3. To promote pedestrian connections and activity, a walkway or trail/path system shall be incorporated between the commercial/retail, recreational, and residential areas, where feasible, as determined by the Planning Board. The path system shall be an active and enjoyable outdoor space that provides linkages throughout the district or project. Where feasible, as determined by the Planning Board, the path system shall be designed to provide a safe connection for pedestrians and bicyclists, and also serve as a unifying element between the different accessible areas in the district and project. (Ord. dated 7-21-26)

4. Design of the pathway system, where feasible, as determined by the Planning Board, shall also give consideration to creating linkages to adjacent neighborhoods, and to town and statewide trails, bikeways and pedestrian facilities. This pathway system shall be delineated in the open space greenway plan for the development. (Ord. dated 7-21-26)

5. An open space buffer of at least seventy-five (75) feet between buildings is required in the planned unit development-Village Center district where an existing or proposed residential use abuts an industrial use. (Ord. dated 7-21-26)

6. Tree and shrub planting in open space and recreation areas shall be selected as suitable for their use in the interest of creating an aesthetically pleasing environment, and shown on a landscaping plan by a licensed landscape architect. The plantings selected shall be native, or near native, plants and their cultivars, as documented in the current RI Native Plant Guide. (Ord. dated 7-21-26)

C. Utilities.

1. On-site utilities shall be located underground unless the planning board waives or modifies this requirement pursuant to Article 8 of the land development and subdivision regulations.

2. Visible utility and drainage areas shall be landscaped and incorporated into the natural features of the land and open space network to the extent practical. (Ord. dated 7-21-26)

D. Circulation Standards.

1. Where feasible, as determined by the Planning Board, access and parking lot entryways shall be aligned to create direct intersections, providing efficiency and safety for vehicles entering and exiting the site. (Ord. dated 7-21-26)

2. Roadways and internal vehicle circulation corridors shall be designed to accommodate the type and volume of vehicles that are expected to enter during the peak period.

3. Shared access driveways and parking areas shall be required for nearby uses that have different hours, days, or seasons of peak parking demand. The planning board may waive or modify parking requirements where the applicant can demonstrate that adequate parking is available on a shared basis. The planning board may require written easements or other legal assurances to enforce shared parking arrangements.

4. Design of internal parking and roadways shall be looped rather than dead-ended to allow for efficient circulation. The planning board may waive or modify this requirement. (Ord. dated 7-21-26)

5. Parking in residential and commercial areas shall be designed with internal landscaped islands and exterior landscaped buffer areas to soften the visual impacts of parking areas. A landscape plan conforming to Section 13.8.2 of the land development and subdivision regulations shall be submitted for parking areas. The planning board may waive or modify parking construction requirements where the applicant can demonstrate that use of pervious surfaces for overflow parking is feasible. (Ord. dated 7-21-26)

6. Parking areas and garages are not permitted in required buffer areas, open space areas or required landscape areas unless for use with a recreational use or otherwise approved by the planning board. Parking areas shall be located in order to protect views from adjacent properties and Route 138. (Ord. dated 7-21-26)

7. On-street parking is permitted and on-street parking located adjacent to the frontage of a building may be used to satisfy minimum off-street parking requirements. (Ord. dated 7-21-26)

8. A maximum of one off-street parking space shall be required for each residential unit; the applicant may provide additional parking spaces. (Ord. dated 7-21-26)

9. A maximum of one-off street parking space shall be required for each 500 square feet of retail and/or commercial floor area; the applicant may provide additional parking spaces. (Ord. dated 7-21-26)

10. A maximum of one-off street parking space shall be required for each 2,500 square feet industrial floor area; the applicant may provide additional parking spaces. (Ord. dated 7-21-26)

11. Any pedestrian and bicycle circulation networks constructed, shall provide safe access, especially between buildings and parking areas. (Ord. dated 7-21-26)

12. Street-trees shall be provided along all pedestrian and bicycle corridors, along with the planting of ground cover. The street tree canopy shall appear tight, formal and planted in clusters at entry areas and plazas. Ground surface materials shall be natural and soft, and remain low, well below sight lines of pedestrians. The planning board shall be allowed to waive this requirement to accommodate construction constraints or for other good cause. (Ord. dated 7-21-26)

13. Pedestrian lighting shall be incorporated into the design of parking areas and along pedestrian and bicycle ways. Additional lighting may be used to reinforce architectural edges as well as highlight special elements. Nighttime illumination shall provide for safety and security of residents and visitors. All lighting in residential and commercial areas shall be compatible in appearance with the design and architecture of the district. Where other lighting is deemed necessary, Dark Sky compliant light shall be used. All lights shall be capped and directed away from adjacent properties and roadways. All exterior lights shall comply with Section 13.8.2 of the land development and subdivision regulations. (Ord. dated 7-21-26)

14. Parking areas shall include bicycle parking racks in locations that are safely segregated from automobile traffic. Bicycle parking racks shall only be required within 700 feet of Route 138 or with open space and recreational uses. (Ord. dated 7-21-26)

15. The planning board may request construction of facilities or improvements outside the project site if the board finds that the proposed development will directly and negatively affect the general health, safety or welfare of the town and off-site improvements will mitigate that specific impact. The board shall identify the need for such improvements based upon the information the applicant has submitted, studies done of the area, knowledge of the impacted area, reports from technical experts, and the comprehensive plan. (Ord. dated 7-21-26)

(Ord. dated 11-19-02 (part); Ord. dated 8-19-08; Ord. dated 2-16-10; Ord. dated 6-5-12; Ord. dated 7-21-26)

§ 18.42.070 Severability

If any provision of this section or of any rule, regulation or determination made thereunder, or the application thereof of any person, agency or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the section, rule, regulation or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any part or parts of this section shall not affect the validity of the remainder.

(Ord. dated 11-19-02 (part); Ord. dated 6-5-12; Ord. dated 7-21-26)

REFERENCES

R.I. Gen. Laws §§ 45-24-47; 45-53-1 et seq.

Effective date: This Ordinance shall take effect upon passage in accordance with the provisions of the Home Rule Charter.

Amended by the Richmond Town Council on July 21, 2026.

§ 18.43 PLANNED UNIT DEVELOPMENT

Repealed 4/19/22

§ 18.44 FLOOD HAZARD OVERLAY DISTRICT

§ 18.44.010 Purpose

The purpose of this chapter is to protect the public safety, minimize property damage, protect watercourses from encroachment, and preserve the ability of floodplains to retain and carry off floodwaters by ensuring that development in floodplains designated by the Federal Emergency Management Agency (FEMA) is in compliance with the National Flood Insurance Act of 1968, 42 U.S.C. 4011 et seq . and the regulations promulgated pursuant to that act.

(Ord. dated 10-5-10)

§ 18.44.020 Overlay district defined

The flood hazard overlay district includes all areas designated as Zones A, AE, AH, AO, or A99 within the Town of Richmond on panels 44009C0060J, 44009C0062J, 44009C0064J, 44009C0068J, 44009C0070J, 44009C0080J, 44009C0090J, 44009C0151J, 44009C0152J, 44009C0153J, 44009C0154J, 44009C0158J, 44009C0159J, 44009C0160J, 44009C0161J, 44009C0162J, 44009C0166J, 44009C0178J, and 44009C0180J of the Flood Insurance Rate Map (FIRM) dated April 3, 2020 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program and described in the Washington County Flood Insurance Study dated April 3, 2020. The map and all subsequent amendments and the study are incorporated into this title by reference. The boundaries of the overlay district are shown on the official zoning map in the custody of the town clerk.

(Ord. dated 10-5-10; Ord. dated 9-20-11; Ord. dated 3-17-20)

§ 18.44.030 Review by building official

The building official shall review all development proposed in the flood hazard overlay district to ensure the development is in compliance with the provisions of the state building code promulgated June 20, 2019, and all subsequent amendments, concerning flood-resistant siting and construction.

(Ord. dated 10-5-10; Ord. dated 3-17-20)

§ 18.44.040 Disclaimer of liability

The degree of flood protection required by the state building code, as incorporated by reference into this Chapter, is considered reasonable but does not imply total flood protection.

(Ord. dated 6-16-20)

§ 18.44.050 Compliance with other applicable laws

Compliance with the provisions of the state building code does not eliminate the need to comply with any other applicable local, state, or federal ordinance, statute, or regulation.

(Ord. dated 6-16-20)

§ 18.44.060 Code provisions supercede less restrictive laws

The flood protection provisions of the state building code supercede less restrictive statutes, ordinances and regulations.

(Ord. dated 6-16-20)

REFERENCES

42 U.S.C. 4011 et seq.; 44 CFR Pts. 59, 60; R.I. Gen. Laws § 45-24-30(10); R.I. State Building Code.

§ 18.45 RESIDENTIAL COMPOUNDS

§ 18.45.010 Purpose

A residential compound is a type of residential subdivision intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to other subdivisions.

(Ord. dated 9-7-10)

§ 18.45.020 Density

Residential compounds shall have a residential density no greater than one unit for every five acres of land suitable for development, as that term is defined in the land development and subdivision regulations. A residential compound shall contain a maximum of seven (7) lots for residential use.

(Ord. dated 9-7-10)

§ 18.45.030 Streets

Streets in residential compounds shall be owned and maintained by the owners of property in the subdivision.

(Ord. dated 9-7-10)

§ 18.45.040 Dimensional Regulations

A. Each lot shall contain, at a minimum, the area of land suitable for development required for a residential lot in the zoning district where the subdivision is located. Excess acreage may be included in one or more of the residential building lots or in an open space lot not intended for development.

B. Each lot shall satisfy the dimensional requirements for the zoning district where the subdivision is located, except that lot frontage may be fifty (50) feet.

C. Land unsuitable for development, as that term is defined by the land development and subdivision regulations, may be included as part of any residential building lot, provided that it does not make up a part of the minimum required lot area.

(Ord. dated 9-7-10)

§ 18.45.050 Agricultural overlay district

Residential compounds in the agricultural overlay district shall satisfy all the requirements of chapter 18.46 and the corresponding requirement of the land development and subdivision regulations. Each lot shall contain at least eleven (11) acres.

(Ord. dated 9-7-10)

REFERENCES

R.I. Gen. Laws § 45-24-47; Code ch. 18.46; Land Development and Subdivision Regulations § 4.2.

§ 18.46 AGRICULTURAL OVERLAY DISTRICT

§ 18.46.010 Purpose

The purpose of the agricultural overlay district is to preserve large contiguous areas of prime agricultural soils for farming uses by requiring subdivision and development methods that create large farm lots intended for both agricultural and residential use. Subdivisions in the agricultural overlay district shall meet the following requirements notwithstanding any other provisions of this title.

(Ord. dated 9-7-10)

§ 18.46.020 District boundaries

A. The boundaries of the overlay district are shown on the official zoning map. Tax assessor's lots that are more than fifty percent (50%) within the overlay district shall be considered entirely within the overlay district for the purposes of this chapter.

B. The standards and restrictions for development of land in the overlay district, as well as the standards and restrictions for the underlying zoning district, apply to land in the overlay district. When the overlay district requirements are in conflict with the requirements for the underlying zoning district, the overlay district requirements shall govern.

(Ord. dated 9-7-10)

§ 18.46.030 Residential density

Land in the agricultural overlay district shall be developed at a density of no more than one residential unit per five acres of land suitable for development, as that term is defined in the land development and subdivision regulations.

(Ord. dated 9-7-10; ord. dated 11-19-13)

§ 18.46.040 Conservation development

A. Conservation development subdivisions in the agricultural overlay district shall be designed so that the prime agricultural soils are in the open space and the open space is contained in one or more farm lots intended for both residential and agricultural use. If the subdivision contains more than one farm lot, one shall be at least twenty-five (25) acres.

B. One acre of each farm lot shall be reserved for a principal residential structure. If the location of the one-acre area is not shown on the Final Plan, the Final Plan shall include the following notation: "A one-acre area of this lot, the location of which is to be determined later, is reserved for future residential development."

C. To encourage the creation of farm lots and to maintain the rural character of agricultural areas, one accessory dwelling unit, located either in the residential structure or in an accessory structure, is permitted by right, rather than by special use permit, in the one-acre residential area on a farm lot.

(Ord. dated 9-7-10)

§ 18.46.050 Residential compounds

A. A residential compound in the agricultural overlay district shall consist entirely of farm lots of eleven (11) or more acres so that each lot may be eligible for participation in the farm, forest and open space tax classification program.

B. One accessory dwelling unit, located either in the residential structure or in an accessory structure, is permitted by right, rather than by special use permit, on a farm lot.

(Ord. dated 9-7-10)

§ 18.46.060 Land outside the overlay district

Tax assessor's lots that are entirely outside the overlay district, and those with less than fifty percent (50%) of their area within the overlay district, may be developed according to the requirements of this chapter if they are at least fifty (50) acres, contain prime agricultural soils, and have been actively used for agriculture at any time within the previous five (5) years.

(Ord. dated 9-7-10; ord. dated 11-19-13)

§ 18.46.070 Cumulative impact

After the date of enactment of this Chapter, if a portion of a lot is subdivided for residential development leaving any portion of the same lot undeveloped, a property owner seeking subsequent approval of a subdivision on the undeveloped portion of the lot shall prepare a yield plan for the entire original lot as it existed on the date of enactment of this Chapter, including the portion(s) already subdivided. The purpose of this requirement is to maintain the minimum residential density required by this Chapter.

(Ord. dated 9-7-10; ord. dated 11-19-13)

REFERENCES

R.I. Gen. Laws §§ 45-24-33(a)(5), 45-24-36; Code §§ 18.41.080, 18.45.050; land development and subdivision regulations sections 4.1, 4.2.

§ 18.47 ACCESSORY FARM USES

§ 18.47.010 Purpose

The purpose of this Chapter is to foster the economic preservation of agricultural uses, preserve Richmond’s rural character, promote the preservation of open space, and support local production of food by allowing farms to offer certain agriculture-related or open space-related income-producing uses that may be open to the public.

(Ord. dated 7-19-16)

§ 18.47.020 Definitions

The following words shall have the following meanings when used in this Chapter.

“Agricultural operation” means the cultivation of plants or the raising or breeding of livestock, or both, as a principal use of property.

“Brewery” means a facility for the manufacture of malt beverages in compliance with R.I. Gen. Laws § 3-6-1.2 that satisfies the following requirements:

1. At least twenty-five percent (25%) of the grain or hops used in manufacture must be grown on the premises.

2. Sale of food for consumption on the premises is prohibited.

3. Annual production shall not exceed 150,000 gallons.

“Farm” means an agricultural operation occupying twenty (20) or more contiguous acres that is owned or operated by an individual or business entity with a state farm tax number issued pursuant to R.I. Gen. Laws § 44-18-30(32).

“Farm stand” means a retail outlet located on the same lot as a farm or a lot adjacent to a farm that sells fruit, vegetables, plants, farm-home-manufactured food items, or products produced on the premises, including but not limited to gardening or landscaping supplies or materials.

(Ord. dated 7-19-16)

§ 18.47.030 Accessory uses

A. The following uses shall be considered permitted accessory uses to a principal farm use.

1. Farm stand with buildings, outside sales areas, driveways and parking areas occupying a total of more than ten thousand (10,000) square feet at which products produced on or off the premises may be sold at retail.

2. Hay rides, tractor rides and sleigh rides.

3. Crop mazes.

4. Indoor or outdoor viewing, feeding, and petting of animals.

5. Indoor or outdoor agriculture-related classes and tours.

6. Indoor or outdoor display of antique vehicles and farm equipment.

7. Pick-your-own crops.

8. Passive outdoor recreation, including but not limited to hiking, snowshoeing, cross-country skiing, or horseshoe pitching.

9. Farm home food production in compliance with R.I. Gen. Laws § 21-27-6.1.

10. Sale of gardening or landscaping materials produced on the premises, including mulch, compost, potting soil, and soil amendments.

11. Winery using fruit, flowers, herbs, or vegetables grown on the premises in compliance with R.I. Gen. Laws § 3-6-1.1.

12. Brewery in compliance with R.I. Gen. Laws § 3-6-1.2.

B. Accessory uses established pursuant to this Chapter shall remain subordinate to the principal farm use, and their existence shall not be considered establishment of a legal nonconforming principal use.

C. Nothing in this Chapter shall be construed as permitting a farm to host wedding receptions, parties, or similar private or public functions for remuneration.

(Ord. dated 7-19-16)

§ 18.47.040 Development plan review

A. The accessory uses permitted by subsections 1, 2, 3, 4, 6, 10, 11, and 12 of section 18.47.030 must receive development plan approval to ensure that the site can safely accommodate the public and that adequate parking is available.

(Ord. dated 5-21-24)

B. The application fees, including the pre-application conference fee and the base fee, shall not exceed a total of five hundred dollars ($500), notwithstanding the provisions of section 18.54.050 of this Title.

C. The administrative officer shall have the authority to waive or modify any requirement of Chapter 18.54 of this Title or the development plan review checklist contained in Article 15 of the land development and subdivision regulations with respect to the information and documents an applicant must submit if, in the professional opinion of the administrative officer, the information or document is not necessary for a comprehensive review of the proposed use. The planning board shall have the authority to request submission of any information or document omitted from the application pursuant to this subsection.

(Ord. dated 7-19-16)

§ 18.47.050 Dimensional regulations

A. Accessory buildings may be located in required front yards notwithstanding the requirements of section 18.20.020(H) of this Title.

B. A farm stand building shall have a ground floor area of no more than one thousand (1,000) square feet.

(Ord. dated 7-19-16)

§ 18.47.060 Signs

The following signs are permitted for a farm that offers any of the accessory uses permitted by this Chapter.

A. One on-site sign, not larger than twenty-four (24) square feet in area, identifying the farm, pursuant to section 18.24.030(A) of this Title.

B. No more than four off-site directional signs located in the right of way of a town street that meet the following requirements.

1. The size, construction, and appearance of the sign must conform to the standards established by the R. I. department of environmental management and department of transportation agriculture and aquaculture sign program.

2. The zoning enforcement officer must issue a permit for the sign.

3. The director of the Richmond department of public works must approve the location of the sign.

(Ord. dated 7-19-16)

§ 18.47.070 Impact mitigation requirements

The following measures to mitigate the impact of the accessory use on surrounding property apply to all accessory uses permitted by this Chapter.

A. Outdoor lighting shall have full cut-off fixtures approved by the International Dark Sky Association. Light shall be directed away from adjacent property.

B. Amplified outdoor sound systems shall not be used between 9:00 p.m. and 8:00 a.m.

(Ord. dated 7-19-16)

REFERENCES

R.I. Gen. Laws § 21-27-6.1; § 3-6-1.1; § 3-6-1.2, § 44-18-30(32).

These amendments shall take effect on January 1, 2024.

§ 18.48 NONCONFORMING DEVELOPMENT

§ 18.48.010 Nonconforming development

A. A lawfully created or lawfully established use, structure, lot, or improvement that is nonconforming by use or nonconforming by dimension because of subsequent adoption or amendment of this Title shall be permitted to continue.

B. An undeveloped lot that is nonconforming in area, width, or frontage shall be considered a legal lot of record and shall be buildable without a use variance if it was lawfully created by deed, plat, or subdivision approval and did not merge with a contiguous lot in the same ownership pursuant to this Chapter or pursuant to any previously enacted ordinance provision requiring merger of substandard lots in common ownership.

C. The following minimum yard dimensions apply to single developed and undeveloped legal nonconforming lots in residential zoning districts:

(Ord. dated 11-19-13)

Nonconforming Lots – Minimum Front and Rear Yards

Lot Depth (feet)	Front Yard (feet)			Rear Yard (feet)
	R-3	R-2	R-1	R-3	R-2	R-1
Up to 125	25	25	25	30	30	30
126-150	35	35	35	40	40	40
151-175	40	40	35	50	50	40
176-200	40	40	35	90	70	40
201+	45	45	35	90	90	40

Nonconforming Lots – Minimum Side Yards

Lot width (feet) at building setback line	Minimum side yard (feet)
50	10
60	11
70	12
80	13
90	14
100	15
110	18
120	20
130	25
140	25
150 +	30

D. On developed or undeveloped lots in residential zoning districts that are nonconforming in area, accessory structures with a ground floor area of six hundred (600) square feet or less shall be located at least ten (10) feet from a side yard and fifteen (15) feet from a rear yard.

E. Lot coverage.

1. The maximum building coverage for nonconforming lots less than 20,000 square feet is twenty percent (20%).

2 The maximum building coverage for nonconforming lots 20,000 square feet or greater is fifteen percent (15%).

(Ord. dated 11-19-13; Ord. dated 6-16-15)

§ 18.48.020 Merger of contiguous nonconforming lots

A. The purpose of this section is to promote consistency with the comprehensive plan by requiring lots to comply to the maximum extent possible with the density requirements and the area, width and frontage requirements of this Title.

B. Two or more contiguous undeveloped lots in the R-1, R-2, or R-3 zoning districts that are nonconforming in area, width, or frontage and were in common ownership on Nov. 19, 2013 or at any time thereafter shall be considered an undivided lot for the purposes of this Title, and no portion of such a lot shall be used in violation of the lot area, lot width, and lot frontage requirements of this Title, provided, however, the merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement officer.

(Ord. dated 5-21-24)

C. This section does not apply to contiguous undeveloped lots with frontage on different streets.

(Ord. dated 11-19-13)

§ 18.48.030 Abandonment of nonconforming uses

A. A nonconforming use may be considered abandoned if there has been some overt act or failure to act to serve as evidence that the owner neither claims nor retains any interest in continuing the nonconforming use, and the owner is unable to demonstrate an intent not to abandon the use.

B. A nonconforming use that is abandoned shall not be re-established.

C. If a nonconforming use is halted for one year, the owner is presumed to have abandoned the nonconforming use, unless the owner rebuts that presumption with sufficient evidence of intent not to abandon the use. Involuntary interruption of a nonconforming use, by fire, natural disaster or other means, does not establish intent to abandon a nonconforming use.

(Ord. dated 11-19-13)

§ 18.48.040 Alteration of nonconforming development

A. Nonconforming use of a building, structure or land may be enlarged, expanded, or intensified with the grant of a special use permit by the zoning board of review. Intensification shall include, but shall not be limited to, an increase in the land area or square footage of a building or structure devoted to the nonconforming use, an increase in the size of the lot or parcel of lots on which the nonconforming use is located, an increase in hours of operation, or an increase in the capacity of the use. The criteria for issuance of a special use permit in this Section supercede the criteria in Sec. 18.52.060.

(Ord. dated 5-21-24)

B. A building or structure that is nonconforming by dimension may be enlarged or added to if the enlargement or addition does not increase the dimensional nonconformity of the building or structure, provided that the enlarged structure conforms to the maximum lot coverage regulation for the zoning district. A building or structure that is nonconforming by dimension may be enlarged or added to in a manner that would increase its dimensional nonconformity only with a special use permit from the zoning board of review.

C. When granting a special use permit for alteration of a nonconforming use or dimensionally nonconforming building or structure under this chapter, the zoning board of review shall require that evidence satisfying the following standards has been entered into the record at the public hearing:

1. That the granting of the special use permit will not be harmful to the public health, safety or welfare or alter the general character of the surrounding area. or impair the intent or purpose of this section; or the comprehensive community plan;

(Ord. dated 5-21-24)

2. That the site can accommodate the proposed level of use.

3. That satisfactory provisions have been or will be made concerning:

a. Ingress and egress to the property and to existing or proposed structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access to the property in case of fire or other emergency.

b. The adequacy and location of off-street parking and loading areas, trash or garbage storage areas, sanitary facilities, and utilities, with particular attention to the impact of noise, glare, or odor on surrounding property.

c. The adequacy and location of buffer areas and natural, vegetative or structural screening to minimize the impacts of the nonconforming use, building or structure on surrounding property.

D. When granting a special use permit for alteration of a nonconforming use or dimensionally nonconforming building or structure under this chapter, the zoning board of review shall have the authority to impose any special conditions required to promote the intent and purposes of the comprehensive community plan and this Title. Failure to abide by any special conditions constitutes a zoning violation. Any such special conditions shall be based on competent credible evidence entered into the record of the public hearing. Such conditions shall be included in the board's written decision. Such conditions may include, but are not limited to, provisions for:

1. Minimizing the adverse impacts of the use or development on surrounding property or uses by limiting the size or intensity of the use or structure or limiting the density or intensity of development or activities;

2. Minimizing adverse impacts on town services and facilities;

3. Minimizing adverse effects on the environment; and

4. Designating the exact location and nature of development.

E. A building or structure containing a nonconforming use or a building or structure that is dimensionally nonconforming may be maintained or repaired except as otherwise provided in this Chapter.

F. A nonconforming use shall not be changed to another nonconforming use, but may be changed to a use that conforms to this Title. If a nonconforming use is changed to a conforming use, it shall not be changed back to a nonconforming use.

G. If a lawful nonconforming use is demolished or removed at the direction of the owner of the property, the use may not be reestablished and any future use of that site or property must conform to the provisions of this Title.

H. The construction of a ramp to provide handicapped individuals with access to a building shall not be considered an alteration or enlargement of a legal nonconforming use. The construction of a ramp on a dimensionally nonconforming building to provide handicapped individuals with access to the building shall not be considered an increase in the building’s dimensional nonconformity.

I. A use established by variance, special exception, or special use permit shall not be treated as a legal nonconforming use.

(Ord. dated 12-19-94(part); Ord. dated 5-21-02; Ord. dated 8-17-04; Ord. dated 7-15-08; Ord. dated 11-19-13; Ord. dated 5-21-24)

§ 18.48.050 Legal nonconforming mobile or manufactured home parks

A. In legal nonconforming mobile or manufactured home parks, voluntary removal of a mobile or manufactured home in order to replace it with a new mobile or manufactured home shall not be considered abandonment of a legal nonconforming use, notwithstanding any other provision of this Title.

B. In legal nonconforming mobile or manufactured home parks, placement of a new mobile or manufactured home on an existing vacant homesite shall not be considered an intensification of a legal nonconforming use that requires a special use permit, notwithstanding any other provision of this Title.

(Ord. dated 11-19-13)

REFERENCES

R.I. Gen. Laws §§ 45-24-38, 45-24-39, 45-24-40, 31-44-15.

§ 18.49 FLEX TECH DEVELOPMENT

§ 18.49.010 Definition

Flex Tech (FT) development is a development characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses. Flex Tech development is intended for general business and office development, as well as for light industrial related uses, including warehousing, manufacturing and distribution centers. Flex Tech development allows for flexibility in accommodating business and light-industrial uses through a unified and more desirable and attractive development based on a comprehensive site plan. Flex Tech development differs from conventional lot-by-lot development by allowing a mix of building types and uses, combining usable yard space on individual lots into larger common spaces, offering greater opportunities to reduce building costs, and offering the possibility of maintaining the permitted density of an area while keeping desired amenities.This Chapter shall not apply to any parcel in the FT zoning district used for use code 465.

(Ord. dated 11-16-02 (part); Ord. dated 9-5-23)

§ 18.49.020 Purpose

The purpose of Flex Tech zoning is to encourage and provide a means for desirable office, commercial and light-industrial developments that will feature variations in siting and mixes of land uses based upon an approved master plan for the development. Flex Tech development provides a more efficient economic development technique and encourages land use development that is responsive to the town’s unique environmental resources and human needs. A master plan must be approved by the planning board before any development takes place.

(Ord. dated 11-16-02 (part))

§ 18.49.030 Objectives

The objectives of the Flex Tech development are to:

A. Maximize opportunities for flexibility in the design of large developments by providing a more desirable use and arrangement than would be possible through conventional application of ordinance requirements;

B. Encourage developers to conserve the natural features of a site, and protect natural and historic resources by providing for more creative approaches to the development of land;

C. Encourage a more efficient, aesthetic and desirable use of land for recreation, conservation and open space uses;

D. Encourage and promote a variety in the physical development of land use in the town;

E. Allow for efficient provisions and effective use of physical improvements and municipal services relative to land use development;

F. Limit the number of road entrances into existing town and state roads to avoid adverse public health and safety and visual impacts; and

G. Provide an open space plan for the development that incorporates pathways, walkways and bike trails throughout the development that links to a larger open space greenway plan for the community and the county, and in doing so to incorporate the protection of environmentally important resources.

(Ord. dated 11-16-02 (part))

§ 18.49.040 Standards and requirements for development

A. Minimum acreage for a Flex Tech development:

Use	Acreage
General Business	2
Office	2
Light Industrial/Manufacturing	2

B. Site design details, including but not limited to landscaping and open space networking, shall be approved by the planning board. Public improvements shall be constructed in conformance with the requirements of the land development and subdivision regulations and any other applicable municipal ordinance.

C. The total density and building bulk of any proposed Flex Tech development may not exceed density and building requirements set forth in the ordinance codified in this chapter. However, the planning board may modify lot dimensions, building setbacks and lot areas if it finds that such modification would result in a more functional and desirable use of the property.

D. The planning board shall approve the shape, site, location and use of open space. An open space, conservation, and pathway or walkway plan shall be a component of the master plan. The master plan shall provide for any necessary restoration and maintenance of the buffer between the Flex Tech zoning district and abutting zoning districts, and shall provide for the development of a trail system in the open space buffer. The planning board shall establish a performance bond for restoration of the buffer area, if restoration necessary. Conservation or preservation easements for open space shall be conveyed to the town of Richmond pursuant to Title 34, Chapter 39 of the Rhode Island General Laws.

E. The planning board shall require that a maintenance guarantee be provided by the subdivider for all improvements that are being dedicated to the town for public acceptance and maintenance, and for all landscaping as shown on the approved landscape plan. The amount of the maintenance guarantee shall be ten percent of the original estimate of construction cost. The initial period for such maintenance guarantee shall be one year. At the end of the one-year maintenance period, the director of public works shall inspect all improvements subject to the guarantee and shall certify in writing to the administrative officer as to their condition. If found to be unacceptable, the administrative officer shall recommend an extension of the guarantee period to the town clerk, and the original funds shall not be returned to the subdivider. If public improvements are in good condition and have not been damaged due to the fault of the subdivider, or through faulty workmanship or design, the maintenance guarantee shall be returned to the subdivider. In cases where the planning board finds there are extenuating circumstances, the initial maintenance period may be established for a period longer than one year. The reasons for establishing a longer maintenance period and the nature of the extenuating circumstances shall be made a part of the record.

(Ord. dated 11-16-02 (part))

§ 18.49.050 Application procedure

A. A master plan for the entire Flex Tech zoning district must be approved by the planning board prior to the subdivision and development of any portion of the zoning district.

B. After a master plan has been approved, the zoning district may be subdivided and developed.

C. Approval of a master plan and subsequent subdivision of the zoning district into individual lots for development shall be according to the procedure provided for approval of major subdivisions and land development projects under Article V of the town of Richmond land development and subdivision regulations. The planning board may require information in addition to that required by the land development and subdivision regulations, provided that the reason for requiring such information is accompanied by findings of fact and reduced to writing.

At the master plan application stage, the applicant shall submit to the planning board evidence that the proposed design is consistent with the intent of this chapter by providing a working environment that satisfies the purposes of this chapter. At the preapplication stage of review, the applicant shall submit the following information in addition to that required by the pre-application checklist for major land developments or major subdivisions:

1. Location map showing the proposed project within the context of a one-quarter mile area, with existing streets and community facilities, approved projects and existing land uses;

2. Proposed land uses, population densities and building intensities;

3. Proposed circulation pattern, indicating all pub-lic and private streets;

4. Proposed parks, playgrounds, school sites and open spaces;

5. Land use marketability study of proposed commercial uses;

6. Identification of the developments construction phasing;

7. Relation to future land uses in the surrounding area and comprehensive plan; and

8. Anticipated impact of the proposed development on the existing environment and municipal services.

D. Such documentation shall include, but is not limited to, elevations of the proposed buildings and detailed site plans. The planning board may require a traffic impact analysis, an environmental assessment, or an environmental impact statement, in accordance with Article III, Section E of the land development and subdivision regulations.

(Ord. dated 11-16-02(part))

§ 18.49.060 District design criteria

A. Landscaping.

1. For Flex Tech uses that abut residential properties or the planned unit development Village Center zoning district, a minimum one hundred fifty-foot open space setback is required. Landscaping in this open space setback shall include planting elements to ensure an effective visual and audio screen and buffer between residential and non-residential uses, including maintaining existing topographic features and vegetation as a "no cut" buffer, or restoration with native vegetation and earthen berms, where appropriate, to achieve a natural forested buffer zone.

2. As a condition of approval of the change from R-2 to Flex Tech, the area of the proposed Flex Tech Zone that is within a Rhode Island Heritage site, a minimum of a two hundred-foot natural or restored buffer shall be required between the natural edge and any site development.

3. For any permitted use, a minimum of thirty-five percent of the lot shall be undisturbed or maintained as landscaped, or planted open space.

4. No more than twenty-five percent of the landscaped, undisturbed or planted area shall consist of land unsuitable for development as that term is defined in Article III, Section C of the land development and subdivision regulations.

5. Loading areas and areas for outdoor storage shall be screened with native vegetation, and/or earthen berms, and located in the side or rear yards.

6. Tree and shrub plantings shall be selected as suitable for their use in the interest of creating an aesthetically pleasing environment and shown on a landscaping plan by a licensed landscape architect. The plantings selected shall be from those suggested in the publication titled “Sustainable Trees and Shrubs for Southern New England” by the faculty at the University of Rhode Island and Massachusetts-Cooperative Extension dated 9/19/93, as may, from time to time, be revised, or other recognized treatises.

B. Architectural Standards.

1. The architectural design of buildings, structures, and site layout shall be visually compatible with a historic New England village in scale and character, including building materials, massing, density, and roof lines.

2. A diversity of roof heights, gable orientations and volumes in new buildings shall be considered. Buildings shall be designed with traditional roof forms that are compatible with the character of the town, including but not limited to gambrel, gable and hipped roofs com-monly found in the town and other small New England towns.

3. Architectural elements such as dormers shall be in proportion to the overall building and surrounding buildings. Exaggerated or excessively large architectural elements shall be avoided. Traditional and contemporary architectural detailing that creates variety, interest and texture on new buildings and additions and that is compatible with the character of the town is encouraged.

4. Traditional building materials such as shingles, wood clapboards, brick and stone shall be used for the exterior of new construction and additions. For buildings visible from existing town streets outside the Flex Tech zoning district, the architectural design and exterior materials used shall be compatible with a traditional New England village character.

5. Large scale development shall take the form of village-like groupings of small scale buildings, rather than a large individual structure or box-like buildings set back on a large expanse of paved parking.

6. Service areas and mechanical equipment shall be placed to the rear or side of buildings in visually unobtrusive locations. Service areas shall be screened through landscaping or structural elements at a minimum of five feet in height, to prevent direct views from adjacent properties or from public or private streets used by the general public. Mechanical equipment shall be screened through walled units or integrated into architectural features of the buildings.

7. The planning board shall require schematic architectural drawings of the exteriors of all proposed new buildings to be submitted at the preliminary plan stage of review. The board shall review these drawings for conformity with the design guidelines set forth herein.

C. Open Space.

1. Design and layout in the Flex Tech district should incorporate elements such as "town greens" and public spaces. Such public spaces serve as a buffer between the Flex Tech area and the arterial roadway, and highlight the building design when viewed from outside the zone.

2. To promote pedestrian connections and activity, a walkway or trail/path system shall be incorporated between the Flex Tech zone, the Village Center and residential areas. The path system shall be an active and enjoyable outdoor space that provides linkages throughout the Flex Tech zone and the Village Center. The path system shall be designed to provide a safe connection for pedestrians and bicyclists, and also serve as a unifying element between the different development areas in the Flex Tech zoning district.

3. Design of the pathway system shall also give consideration to creating linkages to adjacent neighborhoods, and to town and statewide trails, bikeways and pedestrian facilities. This pathway system shall be delineated in the open space greenway plan for the development.

D. Utilities.

1. On-site utilities shall be located underground unless the planning board waives or modifies this requirement pursuant to Article VIII of the land development and subdivision regulations.

2. Utility and drainage areas shall be landscaped and incorporated into the natural features of the land and open space network.

E. Driveways and Access Roads.

1. Driveways and access roads shall be located according to the following schedule (current (1994) AASHTO STANDARDS, as amended):

Highway Design Speed	Sight Distance	Minimum Spacing
30 mph or less	200 feet	125 feet
35 mph	225 feet	150 feet
40 mph	275 feet	185 feet

2. Driveway placement and design shall:

a. Be in harmony with the internal circulation and parking layout;

b. Accommodate the types and volume of vehicles that are expected to enter during the peak design period;

c. Be sufficient to minimize vehicular traffic; and

d. Facilitate shared access driveways.

(Ord. dated 11-16-02 (part))

§ 18.49.070 Severability

If any provision of this section or of any rule, regulation or determination made there-under, or the application thereof to any person, agency or circumstance, is held invalid by a court of com- petent jurisdiction, the remainder of the section, rule, regulation or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any part or parts of this section shall not affect the validity of the remainder.

(Ord. dated 11-16-02 (part))

REFERENCES R.I. Gen. Laws § 45-24-33(10).

§ 18.52 ZONING BOARD OF REVIEW

§ 18.52.010 Zoning board of review – organization and membership

– Zoning board of review – organization and membership.

A. The town council shall appoint a zoning board of review consisting of ~~five~~ 5 regular members and two alternate members. All members shall be Richmond residents, and no member shall be an employee of the town. If a vacancy occurs in any seat, the town council shall appoint a new member to serve the remainder of the term. The town council shall have the authority to remove a member for cause after a hearing.

B. The regular members shall be appointed to staggered five-year terms. The alternate members, who shall be designated as first alternate and second alternate, shall be appointed to one-year terms. The alternate members shall be present at and may participate in public hearings. The first alternate shall vote if a regular member is unable to vote, and the second alternate shall vote if ~~two~~ 2 regular members are unable to vote. In the absence of the first alternate, the second alternate shall serve as the first alternate. No regular or alternate member shall vote on an application unless the member has attended the entire public hearing on that application.

C. Four regular or alternate members shall constitute a quorum for the purpose of conducting a public hearing, provided, however, that no more than five regular or alternate members shall vote to approve or disapprove an application or appeal.

D. The board may retain legal, technical, or clerical assistance to aid in the discharge of its duties with the approval of the town council.

E. The chairperson or acting chairperson shall have the authority to administer oaths and compel the attendance of witnesses by issuing subpoenas.

F. The board shall adopt written rules of procedure.

(Ord. dated 4-1-14; Ord. dated 1-3-23)

§ 18.52.020 Zoning board of review – authority and duties

A. The zoning board of review shall have the following authority and duties:

1. To grant variances in the application of the terms of this Title.

2. To approve special use permits.

3. To hear and decide appeals from decisions of the zoning enforcement officer or any other town official charged with the enforcement or interpretation of this Title.

4. To issue conditional approvals of variances and special use permits when a proposed use also requires an approval from a state or federal agency and that approval has not yet been issued. A decision granting a conditional zoning approval shall include the date on which the approval will expire if the state or federal approval has not been issued.

5. To refer matters to the town planner, the planning board, the conservation commission, or any other town official, department or body for findings and recommendations.

B. When granting a variance or special use permit or making any other determination within its authority, the zoning board of review may impose conditions necessary to promote the intent of the comprehensive plan and this Title. The conditions shall be based on competent credible evidence in the record and shall be included in the written decision. Failure to abide by any condition shall be considered a violation of this Title. The conditions may include provisions concerning:

1. The type, intensity, design, and performance of uses in order to minimize an adverse impact of the use on other land;

2. The sequence of development, including dates for commencement and completion;

3. The duration of a use or development, including the time within which a temporary structure must be removed;

4. Satisfactory installation and maintenance of required public improvements;

5. The exact location and nature of the use or development; and

6. Submission of drawings, maps, plans, or specifications, including as-built drawings, to establish a detailed record of the development.

C. The zoning board of review shall be required to vote as follows:

1. Four members must hear and vote on each application or appeal. No more than five members shall vote. If a member cannot hear and vote on an application or appeal because of a conflict of interest, that member shall recuse himself or herself and shall not participate in the hearing or vote.

2. The concurring votes of a majority of the voting members is required to reverse any order, requirement, decision, or determination by the zoning enforcement officer or any other town official.

3. The concurring votes of a majority of the voting members is required to approve an application for a variance or a special use permit.

(Ord. dated 4-1-14; Ord. dated 1-3-23)

§ 18.52.030 Application

Applications to the zoning board of review shall be submitted, and notice shall be given, in the following manner:

A. Applicants for variances and special use permits, and persons appealing an order, requirements, decision, or determination of the zoning enforcement officer or any other town official charged with the enforcement or interpretation of this Title, shall complete a form provided by the clerk of the zoning board of review. The applicant shall submit the following to the clerk of the zoning board of review:

1. The completed application form.

2. The fee required by Ch. 3.06 of the Richmond Code of Ordinances.

3. Any supplemental material required by this Title, by the zoning board of review rules of procedure for the submission and consideration of petitions, or by the instructions on the form.

4. A map showing the property that is the subject of the application and all property within two hundred (200) feet of the subject property.

(Ord. dated 5-21-24)

5. A list of the last known names and addresses of the owners of all property within two hundred (200) feet of the subject property, as shown on the current real estate tax assessment records.

(Ord. dated 4-1-14)

§ 18.52.040 Notice and public hearing

A. The zoning board of review shall conduct a public hearing on the variance application or special use permit application in a timely manner.

The zoning board of review shall hear and decided appeals within 65 days of the date of filing of the appeal where is it alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to R.I.G.L. 45-24.

The board shall advertise the public hearing at least fourteen (14) days in advance in a newspaper of general circulation in Richmond.

B. The clerk of the zoning board of review shall send notice of the public hearing on an applicant for a variance, special use permit, or appeal to the applicant and to:

(Ord. dated 5-21-24)

1. The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Richmond or an adjacent town.

2. The town council of any town adjacent to Richmond, if the subject property is located within two hundred (200) feet of the boundary of that town.

3. The town council of Richmond or any other town, if there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within that town and within two thousand (2,000) feet of the subject property.

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

(Ord. dated 5-21-24)

5. Any individual or entity holding a recorded conservation or preservation restriction on the property.

C. The notice shall include the applicant’s name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The notice shall be sent by first class mail, postage prepaid, at least fourteen (14) days before the date of the hearing. The applicant shall pay the cost of the postage.

(Ord. dated 5-21-24)

D. At least 14 days before the date of the public hearing, the clerk of the zoning board of review shall advertise the public hearing notice in a newspaper that circulates in Richmond, and shall post the notice in the town clerk’s office, in the police station, and on the home page of the town’s website. The applicant shall pay the cost of the advertisement.

(Ord. dated 5-21-24)

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

(Ord. dated 4-1-14; ord. dated 11-3-15)

§ 18.52.050 Variances

The zoning board of review shall have the authority to grant a variance when literal enforcement of this Title would create unnecessary hardship.

A. An applicant for a variance must demonstrate to the satisfaction of the zoning board of review that:

1. The hardship is due to the unique characteristics of the land or structure and not to the general characteristics of the surrounding area;

2. The hardship is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.;

3. The hardship is not the result of any prior action by the applicant;

4. Granting the variance will not alter the general character of the surrounding area or impair the intent or purpose of this Title.

(Ord. dated 5-21-24)

B. Use variance: In addition to the requirements of subsection A, an applicant for a use variance must demonstrate that the property or structure cannot yield any beneficial use if it is required to conform to the provisions of this Title. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.

C. Dimensional variance: In addition to the requirements of subsection A, an applicant for a dimensional variance must demonstrate that if the property is required to conform to the provisions of this Title, the hardship suffered by the owner of the property will amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the use to which the property will be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief.

(Ord. dated 5-21-24)

D. The zoning board of review may impose any additional conditions or safeguards it deems necessary to protect the public health, safety and welfare. The conditions or safeguards must be based on competent, credible evidence in the record and shall be included in the written decision.

(Ord. dated 4-1-14)

§ 18.52.060 Special use permits

The zoning board of review shall have the authority to grant special use permits that are specifically authorized by this Title.

A. Unless other criteria are specified elsewhere in this Title, an applicant for a special use permit must demonstrate to the satisfaction of the zoning board of review that:

(Ord. dated 5-21-24)

1. The proposed use will not substantially or permanently affect the appropriate use of surrounding property;

(Ord. dated 5-21-24)

2. Neither the proposed use nor its location on the site will result in conditions that will harm the public health, safety, and welfare;

3. The proposed use will be in harmony with the general purpose and intent of this Title, and

(Ord. dated 5-21-24)

4. The use be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.

(Ord. dated 5-21-24)

B. In determining whether the proposed use will satisfy the criteria in subsection A., the zoning board of review may consider:

1. The potential environmental effects of the proposed use on surrounding property and on the town;

2. The potential impact of the proposed use on traffic circulation and safety;

3. Whether the proposed use will generate noise, odor, or other effects that cannot be mitigated by the imposition of conditions or safeguards.

C. A use established by special use permit shall not be altered, expanded, or enlarged without zoning board of review approval of a special use permit for the alteration, expansion, or enlargement.

D. A dimensional variance may be granted for a special permit use.

(Ord. dated 4-1-14; Ord. dated 5-21-24)

§ 18.52.070 Decisions

A. The zoning board of review shall render a decision on each application within fifteen (15) days of the day the public hearing is closed. The written decision shall be posted in the planning, zoning and building department and in the town clerk’s office, in a location visible to the public, within thirty (30) days of the day the decision was rendered. The date of posting shall be noted on the document. A decision granting a variance or special use permit also shall be recorded in the land evidence records.

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

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

D. The zoning board of review shall keep minutes of each meeting. The minutes shall include the date, time, and place of the meeting; the members present or absent; a record of votes taken, the names of members voting and how each member voted, and the names of applicants and witnesses. A record of all votes taken and how each member voted shall be available to the public at the planning, zoning and building department within ~~two~~ 2 weeks of the date of the meeting. Minutes of the meeting shall be available to the public at the planning, zoning and building department within thirty-five (35) days of the meeting. A competent stenographer shall take the minutes of each public hearing.

(Ord. dated 4-1-14; Ord. dated 11-3-15; Ord. dated 1-2-18)

§ 18.52.080 Appeal to superior court

A. An aggrieved party may appeal a decision of the zoning board of review to the superior court pursuant to R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1.

(Ord. dated 5-21-24)

B. The clerk of the zoning board of review shall keep a record of each application filed, and the action taken on that application at every stage of review, that is sufficient to enable judicial review of the record. For each application filed:

(Ord. dated 5-21-24)

1. A record shall be made of the description of each document or item submitted by or on behalf of the applicant, and the date it was received.

(Ord. dated 5-21-24)

2. A separate file shall be maintained that contains all documents related to the application, with the source and date of receipt noted.

(Ord. dated 5-21-24)

3. A docket shall be kept showing every action taken on the application and the date it was taken.

(Ord. dated 5-21-24)

When a decision by the zoning board of review is appealed to the Superior Court, the record of the application shall be assembled and indexed and each page shall be consecutively numbered.

(Ord. dated 4-1-14; Ord. dated 5-21-24)

§ 18.52.090 Board of appeal

A. The zoning board of review shall sit as the board of appeal to hear appeals of decisions of the administrative officer on matters other than review and approval of minor land development projects, subdivisions, administrative subdivisions, and development plans. The appeal shall be heard according to the procedure in Article 12 of the land development and subdivision regulations.

B. A hearing by the board of appeal may be held on the same date and at the same place as a meeting of the zoning board of review, but the board of appeal meeting must be conducted as a separate meeting. A separate agenda shall be posted, separate minutes shall be prepared and a separate record shall be kept.

(Ord. dated 4-1-14; Ord. dated 5-21-24)

REFERENCES: R.I. Gen. Laws §§ 45-23-57, 66, 67, 68, 69, 70, 71, §§ 45-24-41, 42, 43, 45, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 69.1, 70; Land Development and Subdivision Regulations Art. 12.

§ 18.53 TELECOMMUNICATION TOWERS, ANTENNAS AND ACCESSORY STRUCTURES

§ 18.53.010 Title

This chapter shall be known as Telecommunication Towers, Antennas and Accessory Structures.

(Ord. dated 10-7-97 (part)); Ord. dated 8-23-22)

§ 18.53.020 Definitions

As used in this chapter, the following terms shall have the meanings indicated.

“Antenna” means any device used in communications which transmits and/or receives telecommunications signals as part of a personal wireless services facility. Examples of such devices include, but are not limited to, dish, panel and whip devices, but do not include structures to which they may be attached.

"Co-location" means an installation wherein more than one wireless communications provider mounts equipment and accessories on a single tower or support structure at one site.

"Telecommunication tower" means a structure intended to support antennas, waveguide and associated equipment for the transmission of signals for wireless communication such as television, radio, radio telephone, telephone or cellular land mobile communications.

(Ord. dated 10-7-97 (part); Ord. dated 8-23-22)

§ 18.53.030 General purposes of telecommunication tower chapter

The general purposes of this chapter are:

A. To manage the total number of towers, and/or antennae, throughout the community;

B. To encourage installation of towers, and/or antennae, in areas where adverse impacts upon the community are minimized;

C. To encourage tower, and/or antennae, configuration that minimizes adverse visual impact on the community;

D. To encourage co-location of equipment.

(Ord. dated 10-7-97 (part); Ord. dated 8-23-22)

§ 18.53.040 General requirements for telecommunication towers

Any equipment buildings and structures shall be considered accessory to the telecommunication tower and shall meet the yard setback requirements for accessory structures in the zoning district in which they are located.

(Ord. dated 10-7-97 (part); Ord. dated 8-23-22)

§ 18.53.050 Additional special use permit application requirements

Application requirements for telecommunications towers.

A. An application for a special use permit or an application for development plan approval for a telecommunications tower shall include the following information:

1. The equipment load carrying capacity for the telecommunication tower and the method by which the calculation was made.

2. Evidence that the tower is designed to be as visually unobtrusive as possible given technical, engineering and other pertinent considerations;

3. Evidence that the height proposed is the minimum height necessary to accommodate the proposed equipment and to service the area.

4. Evidence that co-locations were considered and why those co-locations are inadequate.

B. For three continuous weeks before the public hearing, an applicant for a special use permit for a telecommunications tower shall fly a helium balloon at the proposed tower location and at the proposed tower height. The balloon shall be of sufficient size and color to be visible at a distance of one mile.

(Ord. dated 10-7-97 (part); Ord. dated 8-23-22)

§ 18.53.060 Development standards

A. When the telecommunication tower site abuts a non-residential zoning district, the distance between the base of the telecommunication tower and any abutting property lines, measured from the center of the telecommunication tower, shall be a minimum of one foot for each one foot of telecommunication tower height.

B. Where the telecommunication tower site abuts a residential zoning district, the distance between the base of the telecommunication tower and abutting property lines, measured from the center of the telecommunication tower, shall be one and one-half feet for each foot of telecommunication tower height.

C. All telecommunication towers and supports shall be clearly marked for the first fifteen feet above grade so as to be visible at all times. All supports shall meet the minimum yard setback requirements for the zoning district in which they are located, but in no case shall the setback be less than twenty-five feet.

D. All supports and anchors shall have a minimum of a ten-foot horizontal setback from any overhead utility lines.

E. All telecommunications towers and poles shall be enclosed by a fence no less than six feet in height or more than ten feet in height from natural grade. Access shall be through a locked gate. Vegetation shall be planted to screen fences and accessory buildings.

F. Telecommunication towers shall not be artificially lighted except as required for public safety purposes by federal regulations.

G. No signs shall be allowed on any telecommunication tower except as required by federal regulations.

H. All telecommunication towers, together with any accessories, structures or buildings shall be removed from the site within one year from the date that they cease to function. The owner shall notify the building official of cessation of operation and shall immediately commence the removal of the structures and equipment that have ceased to function.

I. Site location and development shall preserve, as closely as possible, the preexisting character of the abutting lands and surrounding zoning districts. Insofar as possible, all telecommunication towers, equipment structures and facilities shall be integrated through appropriate location and design to blend with the existing character of the site.

J. Existing site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless appropriate site development would result in less visual impact of the sight on the surrounding area.

(Ord. dated 10-7-97 (part); Ord. dated 8-23-22)

§ 18.53.070 Advisory development plan review

Advisory development plan review is required for all telecommunication towers allowed by special use permit. An applicant for a special use permit shall submit an application for advisory development plan review pursuant to Chapter 18.54 of this Title with the special use permit application. The planning board’s review of the development plan shall take place before the public hearing on the special use permit.

(Ord. dated 8-23-22)

REFERENCES

R.I. Gen. Laws § 45-24-30(3)(v).

§ 18.54 DEVELOPMENT PLAN REVIEW

§ 18.54.080 Repealed 5/21/24

§ 18.54.090 Repealed 5/21/24

§ 18.54.100 Repealed 5/21/24

§ 18.54.110 Repealed 5/21/24

§ 18.54.010 Definition and purpose

Development plan review is review and approval by the administrative officer, the technical review committee, or the planning board of a site plan. The purpose of the review is to ensure that the site complies with the design and performance standards in the land development and subdivision regulations.

(Ord. dated 9-7-10; Ord. dated 5-21-24)

§ 18.54.020 When required

A. In addition to provisions elsewhere in this Title that require development plan review, development plan review is required for:

(Ord. dated 5-21-24)

1. Development or construction of a new building for a commercial or industrial use.

(Ord. dated 5-21-24)

2. Alteration or redevelopment of a commercial or industrial building, or a change of use from one use code to another, where no extensive construction of improvements is proposed.

(Ord. dated 5-21-24)

3. Construction or expansion of a patio, outdoor dining area, or other outdoor area.

(Ord. dated 5-21-24)

4. An adaptive reuse project in the Neighborhood Business, General Business, Light Industrial, Industrial, PD, Flex Tech, or PUD-VC zoning district for which no extensive construction of improvements is proposed.

(Ord. dated 5-21-24)

5. An adaptive reuse project located in a residential zoning district proposing fewer than 9 residential units.

(Ord. dated 5-21-24)

6. Development in a designated urban or growth center.

(Ord. dated 5-21-24)

7. Development of educational or hospital facilities.

(Ord. dated 5-21-24)

8. Development of a use in a historic district.

(Ord. dated 5-21-24)

B. Development plan review is not required for:

1. One-family and two-family dwellings. A single-family detached dwelling or a two-family structure.

(Ord. dated 5-21-24)

2. Routine building maintenance.

3. Incidental landscaping or landscape maintenance, including repaving.

4. Accessory structures.

5. A redevelopment or change of use that involves only reconstruction or renovation of a building interior.

(Ord. dated 5-21-24)

6. Agricultural uses except farm stands regulated by section 18.16.030(G) of this Title; indoor horticulture included in section 18.16.010, use code 214 of this Title; and the accessory farm uses specified in section 18.47.040 of this Title.

(Ord. dated 9-7-10; Ord. dated 6-16-15; Ord. dated 1-2-18; Ord. dated 5-21-24)

§ 18.54.030 Review of plans and waiver

A. The zoning enforcement officer shall review applications for building permits and other development proposals, and shall refer projects that require development plan review to the administrative officer. A record shall be kept of the zoning enforcement officer’s determination as to each application or proposal.

(Ord. dated 5-21-24)

B. The administrative officer may waive development plan review if the existing exterior facilities do not require alteration or expansion and the proposed changes will not affect existing stormwater management, traffic or pedestrian circulation, the relationship of buildings to each other, or existing landscaping or exterior lighting. An applicant requesting waiver of development plan review shall submit documentation, as required by the permitting authority, on prior use of the site, the proposed use, and its impact.”

(Ord. dated 5-21-24)

C. No building permit shall be issued for construction or renovation that requires development plan review until a development plan approved by the administrative officer, the technical review committee, or the planning board has been recorded in the land evidence records.

(Ord. dated 9-7-10; Ord. dated 5-21-24)

§ 18.54.040 Approval authority

A. The administrative officer shall have the authority to approve, or the authority to refer to the technical review committee for approval, the following applications if they do not include an application for zoning relief or a proposal for creation or extension of a street:

(Ord. dated 5-21-24)

1. Alteration or redevelopment of an existing building or a change of use from one use code to another if the building footprint will be enlarged by no more than 5,000 square feet, or if the parking area will be expanded by no more than 5,000 square feet, or both.

(Ord. dated 5-21-24)

2. Alteration or redevelopment of an existing building or a change of use from one use code to another if the alteration or redevelopment will have only a minimal effect on stormwater management, traffic or pedestrian circulation, the relationship of buildings to each other, existing landscaping, or exterior lighting.

(Ord. dated 5-21-24)

3. Construction or expansion of a patio, outdoor dining area, or other outdoor area for a building used for a permitted use if the patio, dining area, or other outdoor area will be smaller that 5,000 square feet after construction or expansion.

(Ord. dated 5-21-24)

B. The planning board shall review and approve applications that include a request for zoning relief or a proposal for creation or extension of a street, and applications that are not eligible for approval by the administrative officer or the technical review committee.

(Ord. dated 5-21-24)

§ 18.54.050 Approval procedure

A. The review and approval procedure for development plan review is in Sec. 4.3 of the land development and subdivision regulations.

(Ord. dated 5-21-24)

B. An applicant requiring zoning relief shall submit an application for a modification, a variance, or a special use permit with the development plan review application. The administrative officer shall refer an application for a modification to the zoning enforcement officer. A public hearing is required under unified development review of an application that includes a request for zoning relief or a proposal for creation or extension of a street.

(Ord. dated 5-21-24)

§ 18.54.060 Appeal

A development plan review decision is appealable to the Superior Court pursuant to R.I. Gen. Laws § 45-23-71.

(Ord. dated 5-21-24)

§ 18.54.070 Advisory development plan review for town property

The planning board shall review development plans according to the requirements of Sec. 4.3 of the land development and subdivision regulations and issue an advisory opinion to the town council for proposed uses of town-owned property pursuant to section 18.04.030 of this Title.

(Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 45-23-32(9), 45-23-50, 45-23-50.1, 45-24-31(22), 45-24-33(a)(19), 45-24-49, 45-24-58; Code ch. 18.04.

§ 18.55 RECREATIONAL CAMPGROUNDS

§ 18.55.010 Requirements

Recreational campgrounds may be established by special use permit provided that the following requirements are satisfied:

(Ord. dated 5-21-24)

A. The lot or parcel on which the campground is located shall contain a minimum of forty acres and shall have frontage on a public street.

B. The facility shall contain a maximum of eight individual campsites per acre of land, excluding wetlands and excluding land devoted to streets, accessory buildings, accessory structures and accessory uses.

C. A two-hundred-foot buffer shall be located on the perimeter of the lot or parcel on which the campground is located. The perimeter buffer, except for that portion adjacent to a public street, shall contain a vegetative buffer consisting of trees, bushes, or other vegetative material or plantings, either original to the site or planted, that shields the campground from the view of adjacent property. The vegetative buffer shall be located ten feet from the perimeter lot line(s) and shall be a minimum of twenty-five feet wide and a minimum of ten feet in height. The planning board shall review the plan for landscaping the vegetative buffer during major land development approval.

(Ord. dated 5-21-24)

D. No campsite, accessory building, accessory structure or accessory use, stormwater management structure or facility, or on-site wastewater treatment system shall be located within the two-hundred-foot perimeter buffer. Wells may be located within the two-hundred-foot perimeter buffer.

E. The campground shall comply with all local ordinances and state statutes regulating such facilities.

(Ord. dated 5-21-02(part); Ord. dated 7-19-16)

§ 18.55.020 Land development project approval required

A recreational campground must be approved by the planning board as a major land development project.

(Ord. dated 5-21-02(part); Ord. dated 7-19-16; Ord. dated 5-21-24)

§ 18.55.030 Special conditions

When granting a special use permit under this chapter, the planning board shall have the authority to impose any special conditions required to promote the intent and purposes of the comprehensive community plan and this title. Any such special conditions shall be based on competent credible evidence entered into the record of the public hearing. Such conditions shall be included in the planning board’s written decision. Such conditions may include, but are not limited to, provisions for:

(Ord. dated 5-21-24)

A. Minimizing the adverse impacts of the use or development on surrounding property or uses;

B. Minimizing adverse impacts on town services and facilities;

C. Minimizing adverse effects on the environment;

D. Designating the exact location and nature of development.

(Ord. dated 5-21-02(part); Ord. dated 7-19-16)

REFERENCES

R.I. Gen. Laws §§ 45-24-33(a)(9), 45-24-42; 1962 R.I. Acts & Resolves ch 240.

§ 18.56 CREATION OF VESTED RIGHTS

§ 18.56.010 Creation of vested rights

Applications for development that are substantially complete and have been submitted for approval to the appropriate review agency in the town prior to enactment of this zoning ordinance or any amendment thereto shall be considered vested. For the purposes of this section, any application considered by the town shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted. A complete application supported by such data and evidence as may be required by the zoning board of review, shall constitute a complete application and be considered vested. If an application for development under the provisions of this section is approved, a time limit of six months shall be set within which development of the property must begin and twelve months within which development must be substantially completed.

(Ord. dated 12-19-94(part))

REFERENCES

R.I. Gen. Laws § 45-24-44, Land Development and Subdivision Regulations Sec. 1.4.

§ 18.58 ADOPTION AND AMENDMENT

§ 18.58.060 Appeal of ordinance enactment or amendment

18.58.070 Maintenance of the ordinance.

§ 18.58.010 Town council authority to adopt and amend

For the purpose of promoting the public health, safety, morals and general welfare, the town council shall have the authority to adopt and amend the zoning ordinance. The ordinance, including text and map, shall be consistent with the comprehensive community plan and shall provide for the implementation of that plan.

(Ord. dated 4-1-14)

§ 18.58.020 Application by property owner

An application for amendment to the zoning ordinance shall be submitted to the town clerk on a form provided for that purpose. The town clerk shall transmit copies of the application to the town council, the planning board, and the town planner. The planning board shall review the proposal and shall make a written recommendation to the town council within forty-five (45) days.

(Ord. dated 4-1-14)

§ 18.58.030 Planning board recommendation

A planning board recommendation to the town council concerning a proposed amendment to the zoning ordinance, whether the proposal originates from a property owner or from the planning board itself, shall include:

A. A statement about the consistency of the proposal to the comprehensive plan, including the plan’s goals and policies statement, implementation program, and all other applicable elements of the plan.

B. A statement concerning how the proposal addresses each of the purposes of zoning in R.I. Gen. Laws § 45-24-30 that are applicable to the proposal.

(Ord. dated 4-1-14)

§ 18.58.040 Notice of public hearing

A. The town council shall conduct a public hearing on the proposed amendment. The public hearing shall be advertised in a newspaper that circulates in Richmond at least once a week for three successive weeks. The third week may be the week in which the public hearing is to be held. The notice shall:

(Ord. dated 5-21-24)

1. State the date, time, and location of the hearing.

2. State that adoption, amendment or repeal of the zoning ordinance is under consideration.

3. Reproduce or summarize the proposed amendment.

4. State the time and place where a copy of the entire proposed amendment may be examined or copied.

5. State that the proposal may be altered or amended before the public hearing closes, without further advertising, because of further study or because of views expressed at the public hearing.

B. If the proposed amendment includes a specific change in a zoning map but does not affect zoning districts generally:

1. The newspaper advertisement shall include a map of the property that is the subject of the amendment, showing the existing lots and lot boundaries, the existing and proposed zoning district boundaries, existing streets and their names, and town boundaries if applicable, and

2. Written notice, which may be a copy of the newspaper advertisement, shall be mailed at least ~~two (2)~~ 2 weeks before the public hearing, by first class mail. The notice shall be mailed to:

(Ord. dated 5-21-24)

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

b. The town council of any town adjacent to Richmond, if the subject property is located within two hundred (200) feet of the boundary of that town.

c. The town council of Richmond or any other town, if there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within that town and within two thousand (2,000) feet of the subject property.

d. The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Richmond building official a map survey, which shall be kept as a public record, showing the areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

e. Any individual or entity holding a recorded conservation or preservation restriction on the property.

If the applicant mails the notices, the applicant must submit to the town clerk before the public hearing an affidavit attesting to the mailing, a copy of the notice mailed, and the names and addresses to which the notices were mailed.

(Ord. dated 5-21-24)

C. At least 14 days before the date of the public hearing, the notice shall be posted in the town clerk’s office, in the police station, and on the home page of the town’s website.

(Ord. dated 5-21-24)

D. If a proposed text amendment would cause one or more lots to become nonconforming in area or frontage, written notice, which may be a copy of the newspaper advertisement, shall be mailed at least two (2) weeks before the public hearing, by first class mail, to the owner of each lot that would become nonconforming. If this Title contains a section automatically merging nonconforming lots in the same ownership, the notice shall contain a copy of the merger section and shall state that adoption of the proposed amendment may cause a legal nonconforming lot to merge with an adjacent nonconforming lot if both lots are owned by the same person or persons.

(Ord. dated 11-20-18; Ord. dated 5-21-24)

E. No defect in the form of any notice shall render any ordinance amendment invalid, unless the defect is found to be intentional or misleading. The applicant for the ordinance amendment shall bear the cost of the newspaper advertisement and any individual notice required.

(Ord. dated 4-1-14; ord. dated 11-3-15; Ord. dated 5-21-24)

§ 18.58.050 Public hearing

A. The town council shall conduct the public hearing within sixty-five (65) days of the day it receives the amendment application when the amendment is proposed by a property owner.

B. If the advertised proposal is altered or amended, the change must be presented during the public hearing so that interested persons have an opportunity to comment on it.

C. The town council shall act on the proposed ordinance amendment within forty-five (45) days after the date the public hearing is closed, unless the property owner who requested the amendment consents to a longer period.

D. When approving a zoning ordinance amendment, the town council may restrict the use of the property to one or more of the permitted or conditionally permitted uses in the zoning district, and may impose limitations, conditions, and restrictions on the property that include, but are not limited to:

1. A requirement that a property owner obtain a permit or approval from any state or local governmental agency or instrumentality having jurisdiction over use of the land.

2. Limitations, conditions or restrictions related to the effectiveness or continued effectiveness of the zoning ordinance amendment.

3. Limitations, conditions or restrictions concerning the use of the land.

The town clerk shall clearly note any limitations, conditions, or restrictions on the zoning map, and shall record the limitations, conditions, or restrictions in the land evidence records. If any limitation, condition, or restriction in an ordinance is declared invalid by a court, the remainder of the ordinance shall not be invalid.

(Ord. dated 4-1-14)

§ 18.58.60 Appeal of ordinance enactment or amendment

A. An aggrieved party, a legal resident of Richmond, a Richmond property owner, or a group of residents or property owners, whether or not incorporated, may appeal a zoning ordinance enactment or amendment by filing a complaint in Washington County superior court within thirty (30) days of the date the ordinance took effect.

B. The complaint shall state with specificity the manner in which the ordinance does not conform to the comprehensive community plan or the manner in which it constitutes a taking of private property without just compensation.

C. Filing of the complaint shall not stay enforcement of the ordinance, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make other orders that it deems necessary for an equitable disposition of the appeal.

D. The court shall conduct the review without a jury. The court shall first consider whether the enactment or amendment conforms to the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, the court shall invalidate the enactment or amendment, or those parts of the enactment or amendment that are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.

E. In a complaint filed by an aggrieved party, if the court has found that the enactment or amendment conforms to the comprehensive plan, the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party without just compensation. If the court determines that there has been a taking, the court shall remand the case to the town council with its findings that a taking has occurred, and order the town to either provide just compensation or rescind the enactment or amendment within thirty (30) days.

(Ord. dated 4-1-14)

§ 18.58.070 Maintenance of the ordinance

A. The town clerk is the custodian of the zoning ordinance, including the zoning map, and shall depict amendments to the zoning map within ninety (90) days of enactment. The town clerk shall make printed copies of the current zoning ordinance, including the zoning map, available to the public. The town clerk shall provide the supreme court law library with copies of the zoning ordinance at no charge.

(Ord. dated 5-21-24)

B. The town planner shall be responsible for review of the zoning ordinance at reasonable intervals. When amendments are made to the comprehensive plan, the town planner shall advise the planning board of any zoning ordinance amendments required by the amendments to the comprehensive plan. The town planner and the planning board shall prepare the necessary ordinance amendments and shall transmit them to the town council together with a written recommendation.

(Ord. dated 4-1-14)

REFERENCES

R.I. Gen. Laws §§ 45-24-30, 50, 51, 52, 53, 55, 58, 71.

§ 18.59 MODIFICATIONS

§ 18.59.010 Authority

Pursuant to R.I. Gen. Law § 45-24-46, the zoning enforcement officer is authorized to issue permits for modifications from the literal dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record.

(Ord. dated 11-19-13, Ord. dated 6-4-24)

§ 18.59.020 Modifications permitted

A. The zoning ordinance shall permit modifications that are fifteen percent (15%) or less of the dimensional requirements specified in Chapter 18.20 of the zoning ordinance, but may permit modification up to twenty-five (25%) or less of the dimensional requirements specified in Chapter 18.20 of the zoning ordinance. More than one dimensional requirement may be modified on the same property.

(Ord. dated 6-4-24)

B. The maximum modification allowed for lot coverage in all zones shall be fifteen percent (15%).

(Ord. dated 6-4-24)

C. A modification does not permit the moving of lot lines.

(Ord. dated 6-4-24)

D. Pursuant to R.I. Gen. Law § 45-24-31(52), lot area requirements in the zoning ordinance cannot be modified through a modification permit.

(Ord. dated 6-4-24)

§ 18.59.030 Application for Modification Permit and Determination by Zoning Enforcement Officer

A. An applicant for a modification permit shall complete an application form obtained from the zoning enforcement officer. The zoning enforcement officer shall have the authority to ask the applicant to submit whatever additional information is required for a determination. The fee for the modification permit is in Chapter 3.06 of the code of ordinances.

(Ord. dated 6-4-24)

B. Within ten days of the day an application for a modification is received, the zoning enforcement officer shall make a decision as to the suitability of the requested modification. The zoning enforcement officer shall use the following criteria to determine the suitability of the requested modification:

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

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

3. The modification does not review a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

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

(Ord. dated 6-4-24)

C. Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements.

(Ord. dated 6-4-24)

D. In the case of a modification of greater than five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. The costs of any notice required shall be borne by the applicant requesting the modification.

1. If a written objection is received within fourteen (14) days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter.

2. If a written objection is not received within fourteen (14) days, the zoning enforcement officer shall grant the modification.

(Ord. dated 6-4-24)

E. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance.

(Ord. dated 6-4-24)

§ 18.59.040 Records to be kept

The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

(Ord. dated 6-4-24)

§ 18.60 ZONING ENFORCEMENT

§ 18.60.040 Violations – penalties – injunctive relief

§ 18.60.010 Zoning enforcement officer – authority and duties

The zoning enforcement officer is responsible for interpretation and enforcement of this title.

A. The town council shall appoint a zoning enforcement officer with minimum qualifications of an associate’s degree and one year of experience in zoning enforcement or the equivalent education, training, and experience.

B. The zoning enforcement officer shall have the following authority and duties:

1. Upon written request, the zoning enforcement officer shall issue any certificate, determination, authorization, or permit required by this code, including but not limited to the following:

a. A zoning certificate stating that an existing use, structure or lot complies with this title, was established by variance or special use permit, or is legally nonconforming.

b. A written zoning determination concerning the application of this title to an existing or proposed use.

c. A written determination that a use not listed in Sec. 18.16.010 of this Title is so similar in type, character, and intensity to a special permit use that is listed in Sec. 18.16.010 that it should be treated as a special permit use.

(Ord. dated 5-21-24)

The zoning enforcement officer shall provide the requested certificate or determination within fifteen (15) days of receiving the request. If no response is received within fifteen (15) days, the person making the request has the right to file an appeal to the zoning board of review to request a determination.

2. The zoning enforcement officer shall review each application for a variance, special use permit, or plan for unified development review, at the time it is submitted.

(Ord. dated 5-21-24)

3. The zoning enforcement officer shall investigate any suspected violation of this Title. If the zoning enforcement officer determines that a violation exists, he or she may issue a written zoning violation notice to the owner of the property or refer the matter to the town solicitor for legal action. A violation notice shall specifically describe the violation and the action necessary to correct it, and shall state the time period within which the violation must be corrected.

4. The zoning enforcement officer shall grant modification permits pursuant to Chapter 18.59 of this Title.

5. The zoning enforcement officer shall keep a written record of the issuance of every certificate, determination, authorization, or permit, all recommendations to the zoning board of review, and all investigations of violations and violation notices.

(Ord. dated 4-1-14)

§ 18.60.020 Appeal of zoning enforcement officer’s determination

A. An aggrieved party shall have the right to appeal a decision or violation notice issued by the zoning enforcement officer to the zoning board of review. The appeal shall be taken within thirty (30) days from the date the appellant received the decision or violation notice or the date on which the appellant knew or should have known of the decision or violation notice.

(Ord. dated 5-21-24)

B. An aggrieved party appealing a decision or violation notice shall complete a form provided by the clerk of the zoning board of review. A copy of the decision or violation notice shall be filed with the appeal.

C. The zoning enforcement officer shall immediately transmit to the zoning board of review all of the documents constituting the record upon which the action appealed from was taken. The zoning board of review clerk shall transmit notice of the appeal to the planning board.

D. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer submits a certified statement to the zoning board of review that because of facts stated, a stay would in the officer’s opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order issued by the superior court, after notice to the zoning enforcement officer.

(Ord. dated 4-1-14; Ord. dated 6-16-15)

§ 18.60.030 Zoning board of review hearing and decision

A. Notice shall be given and the appeal shall be heard in the same manner as applications for variances and special use permits are heard pursuant to chapter 18.52 of this Title. Any party may appear in person or by agent or attorney.

B. The zoning board of review may reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from, and may make any orders, requirements, decisions, or determinations that ought to be made, and to that end has the powers of the zoning enforcement officer. The concurring votes of three (3) of the five (5) voting members are required to reverse any order, requirement, decision, or determination by the zoning enforcement officer.

C. The zoning board of review decision shall be issued in the same manner as decisions on variances and special use permits pursuant to Chapter 18.52 of this Title.

D. An aggrieved party may appeal the decision of the zoning board of review to the superior court in the same manner that appeals are taken from other zoning board of review decisions under Chapter 18.52 of this Title.

(Ord. dated 4-1-14)

18.060.040 Violations – penalties – injunctive relief.

A. Any violation of the provisions of this Title, or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, shall be punishable by a fine of not more than five hundred dollars ($500). Each day of violation shall constitute a separate offense.

B. The town may bring suit in the district court, the superior court, or a duly authorized municipal court to impose a fine for violation of this title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; to compel compliance this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; or to restrain violation of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer. An action for the imposition of a fine may be consolidated with an action for injunctive relief in the superior court. The suit may seek:

1. To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, and to order its removal or abatement; and

2. To compel compliance with the provisions of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; and

3. To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, and to authorize the zoning enforcement officer, in the case of default by the property owner, to remove it at the property owner’s expense; and

4. To order reimbursement to the town for any work or materials done or furnished by or at the cost of the town; and

5. To order restoration by the property owner, where practicable; and

6. To impose fines and other penalties for violation of this title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer.

(Ord. dated 4-1-14)

REFERENCES: R.I. Gen. Laws §§ 45-24-31(65), 54, 60, 62, 63, 64, 65, 68; Zoning Board of Review Rules of Procedure for the Submission and Consideration of Petitions, as amended.