Town of Smithfield Zoning Ordinance

ARTICLE 1 - GENERAL PROVISIONS

1.1 STATEMENT OF PURPOSE The zoning districts and regulations set forth in this Zoning Ordinance are made in accordance with the Comprehensive Community Plan adopted by the Town of Smithfield and for the following purposes:

1. To promote the public health, safety, and general welfare of the Town.
2. 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.
3. To provide for orderly growth and development which recognizes:
   1. the goals and patterns of land use contained in the aforesaid Comprehensive Community Plan of the Town adopted pursuant to Chapter 45-22.2 of the General Laws of Rhode Island;
   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 the Town's waterbodies, freshwater ponds, streams, and freshwater 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 village (urban), suburban and rural development, and;
   7. the use of innovative development regulations and techniques.
4. To provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
5. To provide for the protection of the natural, historic, cultural, and scenic character of the Town or areas therein.
6. To provide for the preservation and promotion of open space and recreation resources of the Town.
7. 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.
8. 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.
9. To promote safety from fire, flood, and other natural or man-made disasters.
10. To promote a high level of quality in design in the development of private and public facilities.
11. To promote implementation of the Comprehensive Community Plan, as amended, of the Town.
12. To provide for coordination of land uses with contiguous municipalities, other municipalities, the State and other agencies.
13. To provide for efficient review of development proposals, and to clarify and expedite the zoning approval process.
14. To provide for procedures for the administration of this Ordinance.

1.2 OFFICIAL ZONING MAP

1. The Official Zoning Map, consisting of seventy-five (75) plats together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

2. The Official Zoning Map shall be identified by the signature of the Town Council President and attested by the Town Clerk, and bear the seal of the Town under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1.2 of the Zoning Ordinance" together with the date of the adoption of this Ordinance.

3. Any Zoning Map amendment made pursuant to §11.1 of this Ordinance shall be entered on the Official Zoning Map under the direction of the Town Clerk within fourteen (14) days after the amendment has been approved by the Town Council, with an entry on the Official Zoning Map as follows: "On [date], by official action of the Town Council, the following changes were made in the Official Zoning Map: [Text of Changes]" which shall be signed by the Town Council President and attested by the Town Clerk.

4. Regardless of the existence of purported copies of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Town Clerk, shall be the final authority as to the current zoning status of land, water areas, buildings, and other structures in the Town.

1.3 ESTABLISHMENT OF ZONING DISTRICTS For the purpose of this Ordinance, the Town is divided into zoning districts designated and described as follows:

1. Residential Conservation (R-200)

   This district is established to provide areas for rural density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 200,000 square feet, where limited agricultural pursuits and rural density residential uses are compatible with open space objectives.

2. Low Density, Residential (R-80)

   This district is established to provide areas for low density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 80,000 square feet to allow semi-rural residential opportunities.

3. Medium Density, Residential (R-Med)

   This district is established to provide areas for medium to low density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 65,000 square feet to allow residential medium development in areas with no public sewer 5 Town of Smithfield Article 1 – General Provisions Zoning Ordinance or public water and lots with a minimum land area of 40,000 square feet to allow residential medium development in areas with public sewer and public water.

4. High Density, Residential (R-20)

   This district is established to provide areas for higher density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 20,000 square feet to allow residential development where municipal services are provided.

5. Multi-Family, Residential (R-20M)

   This district is established to provide areas for higher density residential use, with multiple family dwelling units to allow for a variety of housing types.

6. Mixed-Use (MU)

   This district is established to provide areas for mixed residential and limited professional and office uses, where such use is limited to the street level story and residential occupancy is mandatory.

7. Village (V)

   This district is established to provide areas for neighborhood oriented, low intensity commercial retail uses, business services, and small scale professional offices.

8. Commercial (C)

   This district is established to provide areas for town-wide and medium intensity commercial retail uses and business/professional services, including office buildings.

9. Highway Commercial (HC)

   This district is established to provide areas for regional and high intensity commercial retail uses, business/professional services, office buildings, and automotive uses.

10. Light Industrial (LI)

    This district is established to provide areas for light industrial and office uses. The intent is to provide for less intense uses along the street frontages and heavier uses in the interior lots.

11. Industrial - Planned (I)

    This district is to provide for general industrial and planned development cluster of such uses for general manufacturing and related activities and office uses. The intent is to provide for less intense uses along the street frontages and heavier uses in the interior lots.

12. Planned Corporate District (PCD)

    This district is established to provide an area for planned employment uses, including planned office, as well as research and development parks, light industrial development, corporate headquarters, hotel/conference facilities, and related accessory uses to create a coordinated development approach along selected major corridors.

13. Planned Corporate District – B (PCDB)

    This district is established to permit by right the manufacture of drugs and pharmaceuticals limited to those permitted in Biological Safety Level 1 or Biological Safety Level 2 facilities as those terms are defined in the guidelines promulgated by the National Institutes of Health, together with research and development associated with such manufacture. In 6 Town of Smithfield Article 1 – General Provisions Zoning Ordinance all other respects, the provisions pertaining to a Planned Corporate District shall apply to this district.

14. Planned Development (PD)

    This district is established to provide areas for large scale residential and/or commercial development within a comprehensive site plan, subject to development plan review by the Planning Board.

15. Overlay Zoning Districts

    These are districts that are superimposed on existing zoning district(s) or part of a district and which impose specified requirements in addition to those otherwise applicable and/or allow alternate uses.

16. Airport Hazard Overlay District

    This overlay district is intended to protect areas of land or water upon which an airport hazard might be established, if not prevented, as provided in Chapter 3 (Airport Zoning Act) of the General Laws of Rhode Island, as amended.

17. Open Space (OS)

    This district is established for land held by the Town, State or private conservation organizations such as the Audubon Society of Rhode Island, and home owners associations with dedicated open space that is currently or, is planned to be used for recreation or conservation purposes. Permitted uses in the Open Space zone would be those agricultural uses allowed in the R-80 and R-200 zoning districts, certain open recreation and public and semi-public uses.

1.4 ZONE GROUP CLASSIFICATION Whenever the terms R, V, C, HC, MU, LI, I, PCD, PCDB, and PD Zones are used, they shall be deemed to refer to all zones containing the same letters in their names; e.g., R Zones shall include OS, R-200, R-80, R-Med, R-20, R-20 MA , and R-20M Zones.

1.5 ZONE BOUNDARIES Where uncertainty exists as to the boundaries of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:

1. Zone boundaries are generally intended to follow lot lines.
2. Zone boundaries, where indicated, are the center lines of streets, parkways, waterways, or railroad rights-of-way.
3. Where the street layout on the ground varies from the layout as shown on the zoning map, the Zoning Official (hereinafter referred to as Official) shall interpret said map according to the reasonable intent of this Ordinance.
4. When a lot is transected by a Zoning District Boundary, the zoning regulations applicable to the larger part of the lot by area shall govern the entire lot, except where doing so is inconsistent with the general purposes of zoning ordinances set forth in R.I.G.L. §45-24-30 as well as inconsistent with the Town's Comprehensive Plan, including the Future Land Use Map.

1.6 COMPLIANCE WITH ORDINANCE

1. Conformance with Permitted Use

   7 Town of Smithfield Article 1 – General Provisions Zoning Ordinance No building or structure shall be erected, reconstructed, or enlarged for any use other than that which is permitted in the zone in which such building, structure or land is located. No building or structure shall be moved to new site unless that site is zoned to permit the use intended for such building or structure. Nor shall any building, structure or land be used for any use other than is permitted in the zone in which it is located.

2. Dimensional Conformance

   Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the dimensional limits established for the zone wherein such building or structure is located.

3. Lot Area Conformance

   No new lot shall be created, nor shall an existing lot be reduced or diminished except in conformance with the dimensional requirements of this Ordinance, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this Ordinance. The lot or yard areas of buildings existing at the time this Ordinance became effective shall not be diminished below the requirements herein provided. The required yard or parking area for a building shall not be included as a part of the required yard or parking area of any other building.

1.7 INTERPRETATION OF ORDINANCE It shall be the duty of the Official to interpret and apply the provisions of this Ordinance. Such interpretation and application shall be subject to appeal to the Board. In interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. This Ordinance shall be consistent with the Comprehensive Community Plan, as amended, of the Town of Smithfield, pursuant to Chapter 45-22.2 of the General Laws of Rhode Island, and in the instance of uncertainty in the construction or application of any section of this Ordinance, this Ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of such Comprehensive Community Plan.

ARTICLE 2 - DEFINITIONS

2.1 GENERAL

A. For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:

1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
3. The word "shall" is mandatory, the word "may" is permissive.
4. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".
5. The word "lot" includes the words "plot" or "parcel".
6. The word "land" includes the words "water" and "marsh", unless otherwise designated herein.
7. The word "structure" includes the word "building".

B. Where used in the Ordinance, the specific definition of words and terms listed in this Section shall be interpreted as stated and shall have the meaning ascribed to them.

2.2 SPECIFIC DEFINITIONS

1. Abutter

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

2. Accessory Dwelling Unit (ADU)

   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.

3. Accessory Use of Structure

   A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use shall not include the storage of flammable, toxic, hazardous or explosive materials. Such accessory use shall not be permitted without the principal use to which it is related.

4. Adaptive reuse.

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

5. Adult Entertainment
   • A. Any commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. This shall also include any commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
   • B. Any bookstore, novelty store, video store, or any commercial establishment in which 25 percent of the in-store inventory contains, for sale or rental only, for any form of consideration, any books, magazines, periodicals, or other printed material, or photographs, films, motions pictures, video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   • C. Any store or commercial establishment in which the in-store inventory contains for sale or rental any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
   • D. "Specified anatomical areas" means any of the following:
     1. The human males genitals in a discernibly turgid state, even if completely and opaquely covered; or
     2. Less than completely and opaquely covered human genitals, pubic regions, buttocks, or a female breast below a point immediately above the areola.
   • E. "Specified sexual activities" means any of the following:
     1. The fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts; or
     2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
   • F. An adult entertainment business may have other principal purposes that do not involve the activities or materials described above. However, such purposes shall not have the effect of preempting the commercial businesses from being categorized as adult entertainment so long as the depiction or description of specified sexual activities or specified anatomical areas remains one of the principal purposes.
6. Aggrieved Party

   An aggrieved party, for purposes of this Ordinance shall be (a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (b) Anyone requiring notice pursuant to this Ordinance.

7. Alter, Alterations

   Any change involving the structural frame of a building or the use of a building or lot.

8. Alteration, Exterior

   An action that changes one (1) or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.

9. Animal Kennel

   Facilities for keeping three (3) or more animals three (3) months old or older on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where animals are customarily kept for sale.

10. Applicant

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

11. Application

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

12. Appurtenances

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

13. Auto Body Shop

    A building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

14. Automotive Filling Station

    Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied or dispensed at retail, and where in addition, the following services may be rendered and sales made, and no other.

    • A. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
    • B. Tire servicing and repair, but not recapping or regrooving;
    • C. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, window wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
    • D. Radiator cleaning and flushing;
    • E. Greasing and lubrication;
    • F. Providing and repairing fuel pumps, oil pumps, and lines;
    • G. Minor servicing and repairing of carburetors;
    • H. Emergency wiring repairs;
    • I. Adjusting and repairing brakes;
    • J. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
    • K. Provision of road maps and other informational material to customers;
    • L. Provision of restroom facilities.

    Uses permissible at a filling station do not include major mechanical or any body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, o

ARTICLE 3 - NONCONFORMANCE

3.1 NONCONFORMANCE A nonconformance is a dimension, building, structure, sign, or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this Zoning Ordinance, and not in conformity with the provisions of such ordinance or amendment.

3.2 LAWFULLY ESTABLISHED A building, structure, sign, or parcel of land, or use thereof, was lawfully established if it was in existence prior to May 6, 1947, or was established in conformance with the Zoning Ordinance in effect at the time the use was first established. For the purposes of this Ordinance, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully established if it was of record or shown on a recorded plat prior to September 4, 1956, and was separately owned. Any building, structure, sign, or parcel of land, or use thereof, that was not lawfully established at the time of the adoption or amendment of this Zoning Ordinance, is not protected by this Article.

3.3 NONCONFORMING BY USE A lawfully established use of land, building, or structure which is not a permitted use in the zoning district in which it is located, as set forth in Article 4, is nonconforming by use.

3.4 NONCONFORMING BY DIMENSION A lawfully established building, structure, or parcel of land not in compliance with the dimensional regulations of this Ordinance is nonconforming by dimension. Dimensional regulations include all regulations of this Ordinance, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this Ordinance, as set forth in Article 7, is also nonconforming by dimension. A lawfully established lot that is not in compliance with the dimensional regulations of the Zoning Ordinance, including, but not limited to those regulations for minimum lot size, lot width and lot frontage, (also known as a substandard lot of record) is also nonconforming by dimension.

3.5 NONCONFORMING BY DWELLING UNITS A building or structure containing more dwelling units than are permitted by the use regulations of this Ordinance shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this Zoning Ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

3.6 MOST RESTRICTIVE REGULATIONS TO APPLY A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this Article. Where the regulations conflict, the most restrictive regulations shall apply.

3.7 EXISTENCE BY VARIANCE OR SPECIAL USE PERMIT A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit granted by the Board, shall not be considered a nonconformance for the purposes of this Article, and shall not acquire the rights of this Article. Rather, such building, structure, sign, parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this Ordinance, shall require a further variance or special use permit from the Board.

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

• A. Treatment in Residential Zones

  Nonconforming uses in Residential Zones are to be treated in a stricter fashion than nonconforming uses located in Non-Residential Zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a Residential Zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

• B. Continuance of Use

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

• C. Maintenance and Repair

  A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this Article.

• D. Moving

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

• E. Addition and Enlargement

  A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located, or unless a special use permit is granted pursuant to §3.13.

• F. Expansion

  A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused, unless a special use permit is granted pursuant to §3.13.

• G. Intensification

  A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. 26 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance However, this Section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of §3.8F.

• H. Change of Use
  1. Residential Zones - Within any Residential Zone, a nonconforming use shall only be changed to a permitted use or to the same use code listed under Article 4. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
  2. Non-Residential Zones - Within any nonresidential zone, a nonconforming use may be changed to a permitted use, to the same use code listed under Article 4, or may be changed to a different nonconforming use by special use permit in accordance with Article 10. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
• I. Abandonment

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

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

1. Continuance

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

2. Maintenance and Repair

   A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this Section.

3. Moving

   A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such 27 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance building or structure is made to conform to all of the dimensional requirements of the Zone in which it is located.

4. Addition and Enlargement

   A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the Zone in which the building or structure is located, or unless a special use permit is granted pursuant to §3.13. Except that in the R-20, R-Med, R-80, R-200, Village and Mixed Use zones, a building permit may be issued for the enlargement or improvement of a dwelling that is dimensionally nonconforming if said enlargement or improvement will not increase the extent of the nonconforming dimension.

5. Expansion

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

6. Intensification

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

7. Change in Use

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

8. Demolition

   A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the Zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in §3.8I. If such building or structure is involuntarily demolished, destroyed, or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

3.10 LAND NONCONFORMING BY USE

1. Continuance

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

2. Change of Use

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

3.11 LAND NONCONFORMING BY AREA

• Enlargement of Undersized Lots

  Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this Article. 28 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance

• Single Nonconforming Lot of Record

  In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which was lawfully established as of April 14, 1987, notwithstanding limitations imposed by other provisions of this Ordinance. Such lots must be in separate ownership and not have continuous frontage with other lots in the same ownership unless otherwise provided herein, and such lot and any structure thereon must conform to all dimensional requirements of this Ordinance other than minimum lot area, lot width or frontage.

• Merger of Multiple Nonconforming Lots of Record in Non-Residential Zones

  For lawfully established lots with continuous frontage in single ownership which are located in the V, C, HC, LI, I, PCD and PD zones, if all or part of the lots do not meet the requirements established for lot width, frontage or area, the lots need not be merged together. They may be separately transferred and/or developed, provided however, that such development must meet all dimensional requirements of this Ordinance unless a dimensional variance is granted by the Zoning Board.

• Merger of Multiple Nonconforming Lots of Record in Residential Zones

  For lawfully established lots with continuous frontage in single ownership which are located in the R-200, R-80, R-Med, R-20, R-20M, and MU zones, if all or part of the lots do not meet the requirements established for lot width, frontage or area, the lots shall be deemed to be merged together and shall be considered to be an individual parcel for the purpose of this Ordinance and for property assessment purposes. No portion of said parcel shall be used or transferred in a manner which diminishes compliance with lot width, frontage, or area requirements established by this Ordinance. Nor shall any division of any parcel be made which creates a lot with width or area less than the requirements stated in this Ordinance, except as follows:

  1. Any such division shall be deemed to be a subdivision and subject to all requirements of the Land Development and Subdivision Review Regulations of the Town, including, without limitation, the requirement for Planning Board approval, and
  2. All such resulting lots must meet all dimensional requirements of this Ordinance, except those as to lot width, frontage or area; and the minimum lot width, frontage or area may be reduced according to the following table:

MERGER REGULATIONS

ZONE Minimum Lot Area (s.f.) Minimum Lot Width (ft.) Minimum Frontage (ft.) R-200 90,000 225 R-80 60,000 150 R-Med 30,000 100 R-20 15,000 100 R-20M 15,000 100 MU 10,000 100 29 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance

3.12 BUILDINGS AND STRUCTURE NONCONFORMING BY PARKING A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article 6.6.

1. Addition Enlargement, Expansion and Intensification - Non-Residential Uses

   A non-residential building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Article 7 for such addition, enlargement, expansion, or intensification.

2. Addition Enlargement, Expansion and Intensification - Residential Uses

   Any residential building or structure nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of Article 7, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion, or intensification.

3. Change of Use

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

3.13 SPECIAL USE PERMIT FOR EXPANSION, ADDITION, OR ENLARGEMENT

A. Structure or Use of Structure

A structure nonconforming by use, dimension or parking under this Ordinance may be added to or enlarged by a Special Use Permit for the same use provided that:

1. In such addition the floor area of the structure or the area of the land devoted to the use shall not exceed fifty (50) percent of the original non-conforming area;
2. Such addition or enlargement shall otherwise conform with the provisions of this Ordinance; and
3. Such addition or enlargement shall be permitted only one (1) time.

B. Use of Land

An outdoor use, which qualifies as a legal nonconforming use of land can be increased by Special Use Permit provided that:

1. The area of land devoted to the use shall not exceed twenty-five (25) percent of the original non-conforming use;
2. Land used by such enlargement shall otherwise conform with the provisions of this Ordinance;
3. Such addition shall be permitted only one (1) time; and
4. Off-street parking and loading spaces are proved in accord with Article 7 of this Ordinance.

ARTICLE 4 - USE REGULATIONS

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

1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified in this Ordinance for the District in which it is located.
2. Any use not specifically listed or otherwise permitted in the District in which it is located shall be deemed prohibited. If there is question about the classification of a use not specifically listed, a determination shall be made by the Town Council upon petition of the Official.
3. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, or general welfare.
4. Wherever the requirements of this Ordinance disagree with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standard, shall govern.
5. The Official shall immediately send to the following Town Boards, Commissions, and Officials a copy of any application seeking approval for the construction of a structure to be built on five (5) acres of land or more or which proposes an occupancy load of three hundred (300) or more:
   1. Town Council
   2. School Committee
   3. Zoning Board of Review
   4. Planning Board
   5. Conservation Commission
   6. Town Planner
   7. Town Engineer
   8. Public Works Director
   9. Administrative Officer
   10. Technical Review Committee
   11. Soil Erosion and Sediment Control Committee
   12. Sewer Authority
   13. Applicable Water District

   The Applicant shall provide the Official with sufficient copies of the application so that the required notification can be accomplished. This notification requirement shall not apply to an application to construct one (1) single-family or two-family dwelling.

   The Technical Review Committee shall forward recommendations concerning all such applications to the Town Council and to the applicable Board from which approval is sought within thirty (30) days from receipt of the application. Unless otherwise provided in the Zoning Ordinance, all other Boards, Commissions and Officials who receive notice of the application may also, in their discretion, forward recommendations to the Town Council and the Board from which approval is sought within said thirty (30) day period.

   All applications to amend the Zoning Ordinance Text or Map(s), except those submitted by the Planning Board, must be sponsored by a Town Council member who shall introduce the proposed Ordinance Amendment for Consideration by the Town Council.

4.2. PERMITTED USES Uses permitted are listed in §4.3, “Table of Uses”. Section 4.4 provides details and specific regulations, wherever applicable. All uses permitted in non-residential zones shall require a review and approval by an Administrative Review Team appointed by the Town Manager as set forth in §10.9 of this Ordinance.

ZONING DISTRICT ABBREVIATIONS • Residential Zoning Districts o R-200 Single Family Residential, 200,000 s.f. (Residential Conservation District) o R-80 Single Family Residential, 80,000 s.f. (Low Density, Residential District) o R-Med Single Family Residential – Medium, 40,000/65,000 s.f. (Medium Density, Residential District) o R-20 Single Family Residential, 20,000 s.f. (High Density, Residential District) o R-20M Multi-Family Residential, 20,000 s.f. (Multi-Family, Residential District) o R-20MA Multi-Family Residential Affordable (For permitted uses see Section 9.3) • Open Space - Land held by the Town, State or private conservation organizations for open space, recreation or conservation purposes will be zoned Open Space. • Multi-Use Zoning Districts o MU Mixed Use District o PD Planned Development District • Commercial Zoning Districts o V Village District o C Commercial District o HC Highway Commercial District • Industrial-Employment Zoning Districts o LI Light Industrial District o I Industrial District (Industrial, Planned) o PCD Planned Corporate District

4.3 TABLE OF USES

P=Permitted by RIGHT S= Use Permitted by SPECIAL USE PERMIT N = Use Not Permitted

Zoning Uses ZONING DISTRICTS
R-200 R-80 R-Med R-20 R-20M MU V C HC LI I PC PD

L. MEDICAL MARIJUANA

1. Patient Cultivation P P P P P N N N N N N N P
2. Caregiver Cultivation P P P P P N N N N N N N P
3. Residential Cooperative Cultivation P P P P P N N N N N N N P
4. Non-Residential Cooperative Cultivation N N N N N N N N N N S N N
5. Licensed Cultivator N N N N N N N N N N S N N
6. Compassion Center N N N N N N N N N N S N N
7. Medical Marijuana Emporium N N N N N N N N N N N N N
8. Licensed Manufacturer N N N N N N N N N N S N N

M. ADULT USE CANNABIS

1. Cannabis retail sales N N N N N N N N N N N N N
2. Cannabis cultivator N N N N N N N N N N N N N
3. Cannabis product manufacturer N N N N N N N N N N N N N
4. Cannabis testing laboratory N N N N N N N N N N N N N
5. Hybrid cannabis retailer N N N N N N N N N N N N N

N. ACCESSORY USES

1. Customarily incidental & located at site –
   S S S S S S S S S S S S S
   Permitted by SPECIAL USE
2. Customarily Incidental & located at site
   P P P P P P P P P P P P P
   Permitted by RIGHT
3. Parking Structure N N N N S N S S S S S S S

*See page 33 for key to Zoning District Abbreviations

P**Permitted as an Accessory Use
S**Allowed as an Accessory Use only with a Special Use Permit
Town of Smithfield Article 4 – Use Regulations Zoning Ordinance

4.4 SUPPLEMENTARY USE REGULATIONS The following list of "Use Code Numbers" is to be used in conjunction with §4.3 - "Table of Uses" of this Ordinance. Each Use Code Number corresponds with a specific line in the Table of Uses, provides detailed descriptions where needed, and provides conditions and other specific requirements. Accessory uses, where appropriate, are also indicated.

A. AGRICULTURAL USES

A-1. Raising of Crops and Trees, Commercial - Commercial raising of crops and trees, including apiaries, (excluding greenhouse and nurseries), orchards, vineyards, tree farms, Christmas trees; non-commercial raising of fowl and animals subject to the provisions of the Smithfield Animal Control Ordinance; roadside stand for the sale of produce raised on the site provided that:

1. Roadside stands or sales facilities where agricultural products raised on-site are sold shall be set back a minimum of forty (40) feet from all abutting vehicular right[s]-of-way.
2. The building area of said facility shall not be greater than eight hundred (800) square feet.
3. Seventy-five (75) percent of the products sold are raised on the site.

A-2. Raising of Crops and Trees, Non-Commercial - Non-commercial raising of crops and trees, including apiaries, (excluding greenhouse and nurseries), orchards, vineyards, trees; provided there are no sales of such products on-site. A-3. Animal Raising, Commercial - Commercial raising of animals, including boarding of animals and/or animal by-products, riding stables or academies, shall be located on lots containing a minimum of one hundred and twenty thousand (120,000) square feet and be subject to the provisions of the Smithfield Animal Control Ordinance provided that:

1. All buildings, structures and facilities, including runways, are located at least three hundred (300) feet from any property line.
2. Adjacent properties are adequately protected from noise, odors and unsightly appearance.
3. Animals are housed within a building and all facilities for breeding, boarding, training and care of animals are within a building. Animals shall be confined to the premises at all times.
4. The area is completely enclosed.
5. There may be provision for a single dwelling unit for an on-site caretaker or animal keeper.

A-4. Animal Raising, Non-Commercial, Outdoor - Non-commercial raising and keeping of outdoor animals for personal, recreational, or educational purposes by a resident or owner of a lot or lots. These animals shall not include swine, pigeons, pets, watchdogs and apiaries. These animals are subject to the Smithfield Animal Control Ordinance and the following additional limitations and regulations:

1. Animals shall be housed not less than fifty (50) feet from any property line,
2. Horses, cattle, ponies, sheep, or goats are limited to a total two (2) such animals, in any combination, on a parcel that shall have at least three (3) acres, with one (1) additional such animal for each additional acre.

A-4B. Fowl (Chickens and Other Domesticated Fowl) -

1. Definitions (this subsection only). For the purposes of §4.4.A-4.B:
   1. Fowl
      1. Domesticated galliformes and anseriformes, including chickens, ducks, geese, turkeys, guinea fowl, peafowl, and quail.
      2. Fowl does not include psittacines (parrots, parakeets, macaws), songbirds, or other pet birds.
   2. Rooster
      1. An adult male chicken.
   3. Zoning lot has the meaning provided for the definition of "Lot" in Article 2 of this Ordinance; where multiple dwelling units occupy a single zoning lot, all numerical limits in Tables A-4-1 to A-4-3 apply to the zoning lot as a whole, not per dwelling unit.
2. Purpose. The keeping of domesticated fowl for personal, non-commercial purposes is permitted to support Smithfield's agricultural heritage while ensuring compatibility with surrounding residential uses and public health.
3. Applicability. These standards apply to the keeping of chickens and other non-commercial domesticated fowl (including ducks, geese, turkeys, guinea fowl, peacocks, and quail).
4. Table A-4-1 – Maximum Number of Fowl by Lot Size
   1. Table A-4-1 establishes the maximum number of fowl that may be kept on a residential zoning lot based on its size and the species of fowl. Where a range of lot sizes is shown, the greater number applies only when the minimum acreage for that tier is met. Roosters are prohibited on lots under five (5) acres. Table A-4-1 – Maximum Number of Fowl by Lot Size Maximum Minimum Lot Species Number Notes Size* Permitted Chickens (hens only) < 1 acre** 6 Chickens (hens only) 1–5 acres 12 Roosters permitted only on ≥ 5 Chickens (hens only) > 5 acres 24 acres Quail 20,000 sq feet 12 Up to 24 on ≥ 1 acre Ducks 1 acre 6 Up to 12 on ≥ 5 acres Geese 2 acres 2 +1 per additional acre Turkeys 2 acres 2 Up to 6 on ≥ 5 acres 43 Town of Smithfield Article 4 – Use Regulations Zoning Ordinance Prohibited on smaller Guinea Fowl / Peacocks 5 acres 6 lots

• Lot-size thresholds in Table A-4-1 are based on zoning lot area. Where multiple dwelling units occupy a single zoning lot (e.g., two-family, multi-family, or conservation developments), the numerical limits apply per zoning lot, not per dwelling unit. ** For the purposes of Tables A-4-1 through A-4-3, 'one acre' means 43,560 square feet of zoning lot area

1. Table A-4-2 – Minimum Setbacks for Fowl Housing
   1. Table A-4-2 identifies the minimum required distances between any fowl housing, run, or enclosure and adjacent property lines or dwellings. When more than one standard applies, the greater setback governs. Table A-4-2 – Minimum Setbacks for Fowl Housing Setback From Setback From Dwelling Species Additional Conditions Property Line on Abutting Lot Coops in the front yard must be located at least 50 feet Chickens 15 feet 25 feet from front and side property lines (100 feet if in solid-wall Roosters coop with mechanical (where 50 feet 200 feet ventilation and auto-door 8 permitted) pm–8 am) Quail 15 feet 25 feet All Other 50 feet 100 feet Fowl
2. Table A-4-3 – Minimum Space and Housing Standards
   1. Table A-4-3 specifies the minimum enclosed and outdoor space required per fowl and the essential shelter characteristics needed to protect animal welfare and limit nuisance impacts. Table A-4-3 – Minimum Space and Housing Standards Coop / Enclosed Outdoor Run or Species Shelter (sq ft per Yard (sq ft per Shelter Notes fowl) fowl) Chickens Elevated or ventilated coop, 4 10 (hens) weather-protected Solid-wall coop with Roosters 6 15 mechanical ventilation Enclosed aviary or hutch; Quail 1 3 covered top 44 Town of Smithfield Article 4 – Use Regulations Zoning Ordinance Access to shallow water Ducks 6 15 feature recommended; dry rest area required Shelter must allow

4.5 DIMENSIONAL RELIEF BY SPECIAL USE PERMIT In accordance with Article 10 of this Ordinance, the Zoning Board may by Special Use Permit grant relief from the dimensional and intensity regulations of this Ordinance for any use it authorizes by Special Use Permit except for intensity regulations with regard to floor area to lot size ratio and residential density.

4.6 USES PROHIBITED IN ALL DISTRICTS

1. Manufactured Home, Mobile Home, Mobile Home Parks (as delineated in §4.4B-11), including the following:
   1. Manufactured Home
   2. Mobile Home
   3. Mobile Home Park
   4. Mobile Trailer
2. Penal Facility or Prison (as delineated in §4.4D-11), including the following:
   1. Correctional Institution
   2. Detention Center
   3. Penal Facility
   4. Prison
   5. Training School
3. Waste Management Facility (as delineated in §4.4D-16), including the following:
   1. Incinerator
   2. Waste Management Facility
4. Outdoor Movie, Amusement Park, Racetrack (as delineated in §4.4E-4)
   1. Commercial Amusement Park
   2. Outdoor Movie
   3. Racetrack
5. Heavy Industrial (as delineated in §4.4J-5)
   1. Acetylene Gas Manufacture
   2. Ammonia Manufacture
   3. Acid Manufacture
   4. Alcohol Manufacture or Brewery
   5. Asphalt Manufacture or Refining
   6. Atomic Energy Processing
   7. Blast Furnace
   8. Bleach Manufacture
   9. Blooming Mill
   10. Brick Manufacturing
   11. Carbon Black, Manufacture of
   12. Cement Manufacture
   13. Cesspool, Open Dumping Station
   14. Chemical Manufacture
   15. Chlorine Manufacture
   16. Coal Distillation or Derivation of Coal Products
   17. Creosote Manufacturing or Treatment
   18. Disposal Dumping Areas, Private
   19. Distillation of Bones, Offal, or Dead Animal Reduction
   20. Dumps, Private
   21. Earth Removal
   22. Explosives Manufacture
   23. Fats and Oils, rendering or refining of
   24. Fertilizer Manufacture
   25. Fireworks Manufacture
   26. Fish Smoking, Curing, or Canning
   27. Genetic Engineering
   28. Glue Manufacture
   29. Gutta-percha Manufacture or Treatment
   30. Gypsum Manufacture
   31. Ice Manufacture
   32. Junk Yards
   33. Motor Vehicle Junk Yard
   34. Mining
   35. Oilcloth Manufacture
   36. Lime Manufacture
   37. Linoleum Manufacture
   38. Liquid Waste Disposal Sites
   39. Loam Stripping
   40. Paint Manufacture
   41. Petroleum Refining
   42. Plaster Manufacture
   43. Plastic Manufacture
   44. Potash Manufacture
   45. Pyroxylin Manufacture
   46. Quarrying
   47. Rawhides, Tanning or Curing of
   48. Rubber Manufacture or Treatment
   49. Sand and Gravel Extraction
   50. Sanitary Landfills
   51. Smelter
   52. Soap Manufacture
   53. Sodium Compounds Manufacture
   54. Tar Distillation
   55. Textile Dyeing or Finishing
   56. Tile Manufacturing
   57. Trucking Terminals
   58. Vinegar, Processing of
   59. Wool Pulling or Scouring
   60. Yeast, Processing of

80 Town of Smithfield Article 4 – Use Regulations Zoning Ordinance

81 Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance

ARTICLE 5 - DIMENSIONAL REGULATIONS

5.1. APPLICATION

• 5.1.1 No land shall be used and no building shall be erected, enlarged or used except in accordance with this Article.

5.2. DIMENSIONAL REGULATIONS

• 5.2.1 Dimensions shall meet the requirements of Table I entitled Dimensional Regulations; and such additional or special requirements as are contained in the following subsections and as are required as a condition for a special use permit.

5.3. CALCULATION OF MINIMUM CONTIGUOUS BUILDABLE LOT AREA

• 5.3.1 Area

• • A. When calculating buildable lot area, a buildable lot shall be determined by the following criteria:

• • • 1. In R20 and R20M residential zoning districts, if the lot is served by public sewer, a minimum buildable lot area shall be required which is at least 10,000 square feet of contiguous buildable land exclusive of land unsuitable for development as defined in Section 6.8.1 of this Ordinance, and the lot meets all other dimensional requirements of this ordinance.

• • • 2. In R20 and R20M residential zoning districts, if the lot is not served by public sewer, a minimum buildable lot area shall be required which is at least 20,000 square feet of contiguous buildable land exclusive of land unsuitable for development as defined in Section 6.8.1 of this Ordinance, and the lot meets all other dimensional requirements of this ordinance.

• • • 3. In non-residential and planned development zoning districts, a buildable lot area shall be required whereby at least 50% of the lot’s square footage is composed of contiguous buildable land, exclusive of land unsuitable for development as defined in Section 6.8.1 of this Ordinance, and the lot meets all other dimensional requirements of this ordinance.

• • • 4. In all other residential zoning districts, if the lot is served by a public sewer, a minimum buildable lot area shall be required which is at least 20,000 square feet of contiguous buildable land, exclusive of land unsuitable for development as defined in Section 6.8.1 of this Ordinance, and the lot meets all other dimensional requirements of this ordinance.

• • • 5. In all other residential zoning districts, if the lot is not served by a public sewer, a minimum buildable lot area shall be required which is at least 30,000 square feet of contiguous buildable land, exclusive of land unsuitable for development as defined in Section 6.8.1 of this Ordinance, and the lot meets all other dimensional requirements of this ordinance.

• 5.3.2 Frontage

• • A. Minimum street frontage for lots fronting entirely on cul-de-sacs, shall be thirty (30) percent below the frontage requirements of Table 1. For cul-de-sacs, frontage shall be measured at the street line.

• • B. In no case shall the lot measure less than seventy (70) percent of the required minimum lot width between the rear of the front yard and the frontage.

• 5.3.3 Yards

• • A. Ordinary structural projections of window sills, cornices, overhangs, stairways, and other ornamental features may extend up to three (3) feet into a required yard setback area.

• • B. Where a lot is situated between two (2) lots, each of which has a main building within twenty-five (25) feet of its side lot line which projects beyond the established front yard line and was so maintained since May 26, 1987, the front yard requirements on such lot shall be the average of the front yards of said existing buildings. The front yard of such lot shall not be less than fifteen (15) feet.

• • C. For the purposes of side yard regulations, residential dwellings with common party walls shall be considered as one (1) building occupying one (1) lot. Any such building shall have double the side yard that is required in the applicable district.

• • D. All shelters for household pets are allowable no closer than ten (10) feet to a property line. All other animal shelters, excluding bird shelters, must be kept a minimum of twenty (20) feet from a property line.

• • E. No part of a yard, or other open space, or off-street parking or loading space required or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

• • F. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein or to add to the non-conformance, if any. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

• • G. Lots of Record in an R-20 Zone are entitled to a ten (10) foot side yard.

• 5.3.4 Buffers

• • A. No structure shall be located within a jurisdictional wetland or buffer as defined in Section 1.4 Definitions of the Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act, as amended, without obtaining a permit from the Rhode Island Department of Environmental Management (RIDEM).

• • B. No structures shall be erected in a non-residential zone within one hundred (100) feet of a residential zone.

• 5.3.5 Height The maximum height set forth in Table I shall not include mechanical devices, mechanical penthouses and parapets as determined by the Official and in no instance, shall the number of building stories exceed three (3), excluding basement level story, defined as at least fifty (50) percent below grade, on average, as determined by the Official.

5.4 - TABLE 1 - DIMENSIONAL REGULATIONS
R-200 R-80 R-Med R-20 R-20M MU PD Villag e
Minimum Lot Area
200,00 80,00 40,000 20,00 20,000 20,00 200,00 20,000
(in square feet)
0 0 0 0 0

1Lot Coverage includes Structures ONLY.
NOTE: For the purposes of calculating minimum lot and yard dimensions, area, density, maximum lot coverage, and the maximum number of lots or dwelling units permitted in a Conservation Development in any zoning district where permitted, the provisions of Section 5.6 of this Ordinance shall apply.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance

1Lot Coverage includes Structures ONLY.
2Impervious Surface includes Structures, Pavement, Sidewalks, and other Impervious Surfaces.
NOTE: For the purposes of calculating minimum lot and yard dimensions, area, density, maximum lot coverage, and the maximum number of lots or dwelling units permitted in a Conservation Development in any zoning district where permitted, the provisions of Section 5.6 of this Ordinance shall apply.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance

5.5 DIMENSIONAL REGULATIONS FOR MULTI-FAMILY DWELLINGS

• 5.5.1 Minimum Lot Area The minimum lot area in any district for a multi-family dwelling structure containing 3 units shall be 60,000 square feet.

• 5.5.2 Maximum Number of Dwelling Units In the R-20M and PD districts, the maximum number of dwelling units for multi-family use shall be two (2) units per acre.

• 5.5.3 Minimum Street Frontage The minimum street frontage shall be no less than the lot depth divided by two and one-half (2.5). In no case shall the minimum street frontage be less than one hundred and fifty (150) feet.

• 5.5.4 Minimum Side Yards The minimum yard depths for side yards shall be: a) for a one-story structure - twenty (20) feet b) for a two-story structure - thirty (30) feet c) for a three-story structure - forty (40) feet

• 5.5.5 Minimum Yard Depths The minimum yard depth for front yard and rear yard shall be fifty (50) feet.

• 5.5.6 Maximum Structure Height The maximum height of a multi-family structure shall be no more than three stories and shall be not more than thirty-nine (39) feet.

• 5.5.7 Accessory Structures a) The minimum set back from lot lines for accessory structures and for all uses in side and rear yards shall be ten (10) feet. b) No accessory structures shall be permitted in the required front yard. c) The height of accessory structures shall not exceed the height of the principal structure or dwelling and shall not exceed a maximum height of 39’.

• 5.5.8 Corner Lots Corner lots shall maintain the equivalent on both streets equal to what is called for by the front yard minimum setback according to the individual zone required.

• 5.5.9 Distance Between Structures There shall be at least twenty (20) feet between each principal structure on the site.

5.6 CONSERVATION DEVELOPMENTS

5.6.1 Purpose.

The purposes of this section entitled Conservation Developments, are:

1. To protect natural resources, including but not limited to those areas containing woodlands, unique vegetation, streams, floodplains, wetlands, aquifers to their recharge areas, agricultural lands, wellheads and vernal pools, by setting them aside from development;
2. To preserve cultural, historical and archaeological resources;
3. To protect recreational resources;
4. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including wastewater disposal systems and wells, and to reduce length of roads, utility runs, and the amount of paving required for residential development;
5. To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;
6. To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan,
7. To provide reasonable incentives for the creation of a contiguous greenway system within the Town;
8. To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan,
9. To protect areas of the Town with productive agricultural soils to encourage continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
10. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
11. To provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;
12. To conserve and create scenic views and preserve the rural character of the Town; and,
13. To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

5.6.2 Approval procedure.

The Planning Board shall require, as a land development project, a conservation development in the following residential zoning districts: Medium Density, Residential R-Med, Low Density, Residential R-80 and Residential Conservation R-200 unless the Board approves a waiver authorizing a conventional subdivision. Application for all conservation development land development projects shall be made in accordance with the procedures of the Town's Land Development and Subdivision Review Regulations, whether a subdivision or not.

5.6.3 Permitted Uses.

Permitted uses in a conservation development include:

1. The following residential uses are permitted (P) or may be authorized by a Comprehensive Permit in a conservation development: Use Category as provided in Table 4.3, Section B. Residential Uses

   1. Dwelling, single family detached.
   2. Accessory family dwelling unit as provided in section 4.4.B-1.
   3. Dwelling, two-family, if approved by the Zoning Board, in conformance with the requirements of the Low & Moderate Income Housing Plan.
   4. Dwelling, multifamily up to four (4) dwelling units per structure, if approved by the Zoning Board, in conformance with the requirements of the Low & Moderate Income Housing Plan.
   5. Home occupations
2. Accessory uses customarily incidental to a use permitted in the district and located on the same site are permitted by right. Any accessory use customarily incidental to a use allowed by special use permit in the district and located on the same site is permitted by special use permit.
3. Regardless of the form of ownership, the open space shall be used only for conservancy in its natural state, grazing agriculture, walking, horseback riding, and/or bicycle riding, playing fields and courts, swimming pools, and other recreational facilities and structures for use of lot owners of the building lots and their guests with general public access provided. Other provisions of this Ordinance notwithstanding, no structure contained within the permanent open space or accessory to it shall exceed a height of fifteen (15) feet nor shall it be nearer than fifty (50) feet to the property line of the development. The restrictive agreement shall be in such form and contain such facts and provisions that, so far as possible under then existing law, the restrictions will not terminate by operation of law. The restrictions shall be governed by the following:
   • Such restrictions shall be for the benefit of and enforceable by the Town, and, if the applicant so requests, shall also be enforceable by the applicant and/or by the owners of the building lots shown on such plan. The applicant may specify, subject to the approval of the Planning Board, that such restrictions be established for the benefit of the Town by a trust enforceable by the Zoning Official.
   • The restrictions provided for the above shall include an agreement that the recreation facilities not owned by the Town shall be maintained by the non-profit organization or corporation or trust created in accord with §5.6.6 and that the permanent open space not owned by the Town shall be maintained in accordance with standards established by the Smithfield Planning Board.
4. The following uses listed in Table 4.3 of the Zoning Ordinance shall be permitted within the open space areas: Use Category as provided in Table 4.3, Section A. Agricultural Uses Raising of crops and trees, noncommercial (P) Conservation (P) Use Category as provided in Table 4.3, Section E. Outdoor Recreation Golf Course, Country Club (S) In addition, subdivision parks, playgrounds, community centers, recreation facilities and similar uses and structures of a non-commercial nature designed for the use of the residents of the conservation development and their guests are permitted (P) in a conservation development. Public access must be provided to all open space unless waived by the Smithfield Planning Board. In all zoning districts where conservation developments are permitted, the following uses may also be allowed in open space areas if permitted by the Planning Board in accordance with the applicable provisions of the Smithfield Land Development and Subdivision Review

5.7 PLANNED DEVELOPMENT
5.7.1 The uses permitted or allowed by Special Use Permit in the Planned Development
District are governed by the following regulations:
A. All Planned Development applications shall require Planning Board approval as a Major Land Development.
B. If there is more than one type of major land use (e.g., residential, commercial, institutional, industrial) in the Planned Area, no one type shall constitute less than ten (10) percent or more than seventy (70) percent of the total dwelling units or major land use.
C. The minimum area of any Planned Area shall be not less than two hundred thousand (200,000) square feet, calculated in accordance with §5.3.1.
D. In addition, there shall be provided for each dwelling unit within the Planned
Area an area equivalent to twenty thousand (20,000) square feet for each single-family structure, forty thousand (40,000) square feet for each twofamily structure and for multi-family dwellings the area required by §5.5.2.
E. No residential building within a Planned Area shall contain more than four (4)
units.
F. No building or structure shall be located closer than one hundred (100) feet from the center line of any public way or other way utilized to meet the

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance frontage requirements of this section, or within seventy-five (75) feet from the center line of any interior street, way, or driveway.
G. No building or structure shall be located within or closer than twenty-five (25)
feet of an area which is required to be maintained in a natural state.
H. No building or structure shall be located within fifty (50) feet of a property or lot line.
I. If there is more than one building containing dwelling units on a single lot, there shall be a minimum of fifty (50) feet between such buildings.
J. Each dwelling unit shall have at least two (2) sides with full exposures, and shall have two (2) separate exits.
K. No floor, except unfinished basement, of a dwelling shall be located beneath the average finished grade of the ground adjoining the building.
L. Buildings shall be of an architectural style which is compatible with the prevailing style in the area in which the Planned Area is located and shall be compatible with other buildings in the Planned Area.
M. Buildings, open spaces, driveways, parking areas and other development features shall be located and designed in a manner which conforms to the existing natural terrain of the site.
N. Building placement which makes maximum use of solar energy shall be encouraged.
O. All existing or proposed utilities shall be installed underground at the time of initial construction. When required, each structure or dwelling unit shall be equipped with fire protection systems approved by the Fire Department.
P. Lighting facilities, whether placed along service drives, in parking areas or on the exterior of buildings, shall be so arranged and shielded that they do not unreasonably distract the occupants of the buildings or shine directly upon abutting properties and/or public ways. In no case shall illumination upon the window surface of any buildings used for dwelling purposes exceed five-tenths
(0.5) foot candles.
Q. Provisions shall be made for the storage, collection and removal of garbage and trash. All necessary facilities shall be appropriately screened from view.
R. There shall be one entrance road and one exit road to each Planned Area, unless a divided entrance-exit road is approved by the Planning Board.
S. All interior roads, drives and parking areas shall be constructed to the standards of the Planning Board as contained in the Smithfield Land
Development and Subdivision Review Regulations of the Town of Smithfield.
T. Off-street parking shall be provided in accordance with the provisions of
Article 7 except as follows:
(1) All parking spaces, including any which may be in excess of those requirements, shall be located a minimum of seventy-five (75) feet from the center line of any public way or ways utilized to meet the frontage requirements of this Section.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance
(2) Unless in an accessory garage within the structure, no parking space shall be located closer than twenty-five (25) feet from a building used for dwelling purposes.
(3) All required parking spaces shall be provided within three hundred
(300) feet of the dwelling units which they are required to serve.
U. All areas not covered by pavement, curbing, buildings and/or structures including such facilities as playing area for court games, swimming pools, and plazas, shall be landscaped with grass, shrubbery, trees, flowers, or ground covers indigenous to the area. Also along the length of each exterior wall for each principal building there shall be a landscaped area with bushes, shrubs or flowers indigenous to the area.
V. Except for cemeteries, an area equivalent to at least one-half (1/2) of the minimum area required for a planned development shall be left substantially in its natural state.
W. The area left substantially in its natural state shall be placed in an ownership which shall provide for its permanent retention and maintenance. The manner of ownership, use and maintenance of such permanent natural area shall be determined by the agreement of the applicant, the owner, and the Planning
Board. The agreement, duly executed in a form suitable for recording by the owner or owners of such natural area, shall provide that, if approved by the
Planning Board, such permanent area shall be owned by a non-profit organization the principal purpose of which is the preservation of natural areas, or a corporation or trust owned or to be owned in common by the owners of the dwelling units within the development in which the ownership of the natural area runs with that title to the dwelling units and is not separably alienable. Such natural area shall be subject to permanent restrictions as agreed under this Section.
X. Such natural areas shall be kept in an open and natural state, and shall not be built upon for residential use, for walkways, driveways and/or parking.
Y. An organization, corporation or trust owned or to be owned in common by the owners of the dwelling units within the development, in a form approved by the Planning Board, shall be responsible for the maintenance of all common areas, including, but not limited to lighting, plowing, roadway, sidewalks, recreation facilities and accessory structures.

5.8 PLANNED CORPORATE DISTRICT

• 5.8.1 Purpose All applications for development within the Planned Corporate District shall require Planning Board approval. This district is established to provide an area for planned employment uses, including planned office, as well as research and development parks, light industrial development, corporate headquarters, hotel/conference facilities, and related accessory uses to create a coordinated development approach along major corridors designated for non-residential growth in the Comprehensive Plan. These regulations are intended to encourage compatible uses to create a corporate development environment. A coordinated design approach, with an emphasis on aesthetics and sufficient accessory uses to foster self-contained corporate parks is also encouraged.

• 5.8.2 Planned Park Application Requirements

• • A. Any person may submit to the Planning Board an application for approval of a Planned Park containing more than ten (10) acres in accordance with the provisions of this Section.

• • B. The application shall incorporate the applicable requirements of the Smithfield Land Development and Subdivision Review Regulations and include a site plan for submittal to the Planning Board which meets the requirements of §10.9 of this Ordinance.

• • C. Conceptual architectural plans shall also be submitted for approval by the Planning Board, based on the standards set forth by §5.8.3(C) of this Ordinance.

• • D. The Planning Board shall approve or deny such application based on the criteria in §5.8.2(e) below after conducting a Public Hearing thereon in accordance with the procedure set out in Section III, Article H of the Smithfield Land Development and Subdivision Review Regulations. The Planning Board, where necessary, based upon findings of fact, to preserve the public health, safety, and welfare, may impose further restrictions upon the application, as a condition to granting approval hereunder.

• • E. The Planning Board shall approve a Planned Park if it finds after such Hearing that:

• • • (1) The Plan promotes the more efficient use of the land by providing less intensive uses along street frontages, as well as fulfills the purposes and intent of this Section.

• • • (2) The building lots shown thereon comply with the dimensional requirements provided in this Section.

• 5.8.3 Supplemental Performance Standards Development under this district shall meet all use regulations and the “Performance Standards” in §6.3 of this Ordinance and be governed by the following:

• • A. No electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, or to any intensity that interferes with the lawful use of any other property shall be permitted.

• • B. In addition to the parking standards in this Ordinance, parking is discouraged in front yards, and landscape berming and/or deciduous buffers will be required to screen any front yard parking from the street.

• • C. Applicants for a Planned Park shall submit conceptual architectural plans for all development in the park to include exterior design, signage, and building materials. The conceptual plans shall be subject to approval by the Zoning Official or Planning Board, as applicable, in accordance with the following standards:

• • • (1) Relation of Proposed Structures to Environment: Proposed structures shall be adapted to the terrain, the size and shape of the lot, and the character of the adjoining property and existing structures in the immediate vicinity that have a visual relationship to the proposed structures.

• • • (2) Compatibility with Surrounding Structures: New structures shall be compatible with the architectural character of surrounding structures in the following ways: a) Proportion, scale, and roof line. b) Architectural style. c) Patterns and proportions of windows. d) Architectural details or features.

• • • (3) Building Materials: Building materials shall be compatible with, or complimentary to, neighboring sites and structures. A finished texture, pattern, or a quality of detailing shall be evident for all proposed building materials. The Building Official shall require a certification from the Zoning Official to verify that the proposed architectural elevations for all structures in a Planned Park conform to the approved conceptual architectural plans. Structures to be constructed outside a Planned Park in this district shall also be designed and built with materials that are compatible with other appropriate architecture in the area.

• • D. Consolidated curb cuts for joint access are encouraged, especially along major streets. Access drives and entrances shall be constructed in accordance with the Smithfield Land Development and Subdivision Review Regulations. Waivers to said construction requirements are subject to approval by the Smithfield Planning Board.

• • E. Applicants for any proposed development to be directly accessed by a town street or state highway of a Level of Service (LOS) of “C”, or below, as determined by the Department of Public Works, based on the Highway Capacity Manual, shall be required to submit a traffic study. A capital contribution from the applicant for its pro-rata share of necessary geometric and/or signal improvements shall be a condition of application approval, if required by the Town or State, based on signal warrants or LOS changes as a result of the proposed project.

• • F. Any approved outdoor storage shall be screened with an approved opaque screen architecturally compatible with the principal structure.

5.9 INDUSTRIAL - PLANNED CLUSTER DEVELOPMENT
5.9.1 Purpose
For the purposes of providing planned industrial development in the Town of
Smithfield by allowing light industrial along street frontages and more intensive industrial uses in rear lots; providing a mix of large lots for single user industrial and smaller lots for multiple tenants and/or users; providing an economy of roads and internal parking than those normally associated with more conventional industrial development; and, in general promoting both the health, safety, convenience, welfare, and economic well-being of the Town as a whole, Planned
Industrial Cluster Developments are encouraged, subject to the conditions contained herein.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance
5.9.2 Petitions
Any plan for a Planned Industrial Cluster Development must first petition the
Board for a Special Use Permit(s), where applicable, for the use(s) requested therein in accordance with §4.3, “Table of Uses” and §10.8, “Variances and
Special Use Permits”, the petitioner may proceed for plan approval as provided in
Section 5.9.3, “Procedure”.
5.9.3 Procedure
A. Any person may submit to the Planning Board for approval a plan of land containing two hundred thousand (200,000) square feet of land or more in accordance with the provisions of this subsection. Said land may be further subdivided into lots containing not less than forty thousand (40,000)
square feet per industrial use.
B. Prior to the granting of approval hereunder, an application shall be submitted to the Planning Board which shall be comprised of the following:
(1) A properly completed application form and materials which shall include: a) The location of the proposed development.
b) The size of the site in square feet or acres.
c) The number of proposed building lots and the size of each in square feet.
d) The arrangement of industrial uses along street or roadway frontages.
e) The arrangement of other industrial uses in the interior portions of the development.
(2) A Pre-application Sketch Plan of the entire proposed development properly drawn and conforming to the requirements of the Land
Development and Subdivision Review Regulations of the Town of Smithfield, and with the following: a) The lots which are to be used as frontage lots and the lot or lots to be placed in interior parts of the development shall be indicated.
b) For each building lot, four (4) site lines showing yard setbacks as otherwise required by this Ordinance shall be indicated, which the entire building, including accessory structures, if any, must lie.
c) A sketch showing natural features to be altered shall be filed.
C. In connection with an application hereunder, the Planning Board shall note the following determinations as a minimum:
(1) That the application form referred to in §5.9.3(B1) herein is properly completed.
(2) That the plans referred to in §5.9.2(b2) are properly completed.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance
(3) That the minimum yard, lot coverage, and building height requirements comply with §5.4, - Table 1 - “Dimensional
Regulations”.
(4) That the uses requested therein comply with §4.3 - “Table of Uses”
and that any Special Permits had been duly approved by the Board in accordance with §10.8.
5.9.4 Area
A. The area of the tract shown on the plan shall be at least two hundred thousand (200,000) square feet of land or more and may be further subdivided into lots containing not less than forty thousand (40,000)
square feet per industrial use.
B. The frontage and other yard requirements shall comply with §5.4 for all lots that are two hundred thousand (200,000) square feet or more. For those that are less than two hundred thousand (200,000) square feet but more than forty thousand (40,000) square feet, the following schedule be utilized:

5.9.5 Other Considerations
There shall be a buffer strip of one hundred (100) feet along the entire perimeter of the development that abuts a residential district.
5.9.6 Hearing and Approval
A. Prior to filing and application for approval of a Planned Industrial Cluster
Development under this Section, the owner shall submit a pre-application sketch plan for the site. The Planning Board may approved or deny such application after conducting a public hearing thereon in accordance with the procedure set out in §10.8(B). The Planning Board, where necessary for preserving the public health, safety, and welfare, may impose further restrictions upon the tract, or parts thereof, as a condition to granting approval hereunder. The Planning Board may also require that the applicant supply it with further information as it deems necessary to make a decision under this Section.
B. The Planning Board shall approve a Planned Industrial Cluster
Development if it finds after such hearing that:
(1) The plan promotes the more efficient use of the land by providing less intensive uses along street frontages and more intensive uses in the interior parts of the development.

Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance
(2) The building lots shown thereon comply with the dimensional requirements provided in this Section.
(3) The uses comply with all other provisions of this Ordinance, including signs, off-street parking and loading.

5.10 INCLUSIONARY ZONING

A. Findings

A. Findings: A diverse housing stock is necessary in this community in order to serve people of all income levels. Based upon the review and consideration of the recent Smithfield Low & Moderate Income Housing Plan, it has become clear that the provisions of this Article are necessary in order to preserve the diversity of housing opportunities for the residents and working people of Smithfield.

1. The program defined by this Article is necessary to provide continuing housing opportunities for low and moderate income persons in Smithfield. The Affordable Housing Plan states that the town will create diverse housing types to meet the needs of Smithfield's Low and Moderate Income residents including families, the elderly and the special needs population. One method of addressing this housing need is to revise the zoning ordinance to promote affordable housing.
2. Inclusionary zoning is consistent with the State's Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L 42-128-8.1), which states the following: "Creative funding mechanisms are needed at the local and state levels that provide additional resources for housing development, because there is an inadequate amount of federal and state subsidies to support the affordable housing needs of Rhode Island's current and projected population."
3. The Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L 42-128-8.1g) requires the state to adopt guidelines for higher density development, including, but not limited to "inclusionary zoning provisions for low and moderate income housing with appropriate density bonuses and other subsidies that make the development financially feasible."
4. Inclusionary zoning is consistent with State of Rhode Island General Laws (§45-24-46.1, as amended), where inclusionary zoning is defined as a "zoning ordinance requiring the inclusion of affordable housing as part of a development shall provide that the housing will be affordable housing, as defined in § 42-128-8.1(d)(1), that the affordable housing will constitute not less than ten percent (15%) of the total units in the development, and that the units will remain affordable for a period of not less than thirty (30) years from initial occupancy enforced through a land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island."
5. Remaining land for residential development in Smithfield is limited. The primary objective of this Article is to obtain affordable rental and homeownership units within qualified subdivisions or land development projects. Some provisions of this Article provide for alternatives to the production of such on-site units. Those provisions recognize the fact that individual sites and economic factors can make on-site production less desirable than the alternatives for particular developers. However, the intent and preference of this Article is that wherever possible, affordable units constructed pursuant to this Article be located on-site.

B. Purpose

B. Purpose: The purposes of this Article are to:

1. To require the development of low- and moderate-income housing within the Town and to provide for a full range of housing choices throughout the Town for households of all incomes, ages and sizes.
2. To promote the development of affordable housing throughout town in a manner that is consistent with the Town's adopted Affordable Housing Plan and the Comprehensive Community Plan.
3. To produce housing that qualifies as affordable as defined by the mandates of the State's Comprehensive Housing Production and Rehabilitation Act of 2004.
4. To establish mixed-income households within new subdivisions and land development projects throughout the town.
5. To provide the Town with financial resources for use solely in the production of affordable units in town, in lieu of units provided within a subdivision subject to the provisions of this article.
6. To establish an affordable housing unit or funding set-aside requirement that allows for a reasonable return for property owners and developers.
7. Ensure that the Developer/Landowner can make a reasonable profit.

C. Definitions

C. Definitions: The definitions contained in Article 2 shall apply to the provisions of this Article. As used in this article, the following terms shall have the meanings indicated:

"LOW- OR MODERATE-INCOME HOUSING" shall be synonymous with "affordable housing" as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing and that will remain affordable through a land lease and/or deed restriction for ninety-nine years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.

AFFORDABLE HOUSING PLAN — "Affordable housing plan" means a component of a housing element, as defined in § 45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) and (f).

APPROVED AFFORDABLE HOUSING PLAN — An affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 45-22.2-9, or § 45-22.2-12.

AFFORDABLE HOUSING — Residential housing that has a sales price or rental amount that is within the means of a household that is moderate income or less. In the case of dwelling units for sale, housing that is affordable means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief, and insurance constitute no more than thirty percent (30%) of the gross household income for a household with less than eighty percent (80%) of area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities other than telephone constitute no more than thirty percent (30%) of the gross annual household income for a household with eighty percent (80%) or less of area median income, adjusted for family size. Such housing shall remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and Town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

COMPREHENSIVE PLAN — The Comprehensive Community Plan of the Town adopted pursuant to Chapters 22.2 and 22.3 of the Rhode Island General Laws.

INCLUSIONARY HOUSING AGREEMENT – An Agreement re

5.11 SOLAR ENERGY SYSTEMS

5.11.1 Purpose And Applicability.

1. Purpose: It is the purpose of this ordinance to promote the safe, effective and efficient production of electricity by means of solar energy systems.
2. Findings: There is a need to regulate solar energy systems due to the potential adverse impact they may have on the aesthetics, public health, and safety of the Town.
3. Intent: This ordinance intends to provide standards for the placement, design and construction, monitoring, modification and removal of solar energy systems to further public safety and minimize impact on scenic, natural and historic resources of the Town. As stated in the Comprehensive Community Plan the Town encourages solar energy systems in locations which provide the greatest potential energy generation while actively striving to minimize the visual and topographic impacts to the existing landscape from which these systems are visible from adjoining streets and neighboring properties, and also to minimize the amount of associated land clearing and grading.
4. Applicability: This Ordinance applies to all solar energy systems to be constructed after the effective date of this Ordinance. Solar energy systems constructed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance. Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this Ordinance. The Town of Smithfield is exempt from this Ordinance.
5. Severability: Should any section, subdivision, clause, or phrase of the Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

105 Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance

5.11.2 Definitions.

1. Accessory solar energy system: A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and occupies up to 20,000 square feet of area, inclusive of inter-row and panel/collector spacing in a non-residential zone or, occupies up to 1,750 square feet of area, inclusive of inter-row and panel/collector spacing in a residential zone. Accessory solar energy systems shall be permitted in the zones indicated in the Smithfield Zoning Ordinance, Article 4.3, Table of Uses.
2. Building-mounted solar energy system: A solar energy system that is structurally supported by the surface of a building.
3. Ground-mounted solar energy system: A solar energy system that is structurally appended to the ground and is not supported by a building. This shall include a pole mounted solar energy system.
4. Large-scale solar energy system: A principal solar energy system that occupies more than 1,750 square feet of area, inclusive of inter-row and panel/collector spacing. Large-scale Solar Energy Systems are prohibited on all lots zoned for Open Space (OS).
5. Material Alteration: An alteration that shall include, but not be limited to, increases to the surface area or ground coverage of the system, or that result in additional disturbance of land and changes to the electrical infrastructure.
6. Minor Alteration: Any alteration that is not a material alteration.
7. Principal solar energy system: A solar energy system that is the only use occupying a parcel, Principal solar energy systems shall be permitted in the zones indicated in the Smithfield Zoning Ordinance, Article 4.3, Table of Uses.
8. Roof-mounted solar energy system: An accessory solar energy system that is structurally appended to the roof of a building.
9. Small-scale solar energy system: A principal solar energy system that occupies up to 1,750 square feet of area, inclusive of inter-row and panel/collector spacing.
10. Solar energy system: The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incidental solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced 106 Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance from a nonrenewable resource. This shall include photovoltaic arrays and installations that utilize ground-mounted and roof-mounted systems.
11. Solar energy system operator: The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.
12. Solar energy system owner: The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.
13. Technical Review: Review of a proposed solar energy system project as required by this Chapter performed by the Technical Review Committee.
14. Technical Review Committee: See Section 9, Article B of the Town's Land Development and Subdivision Review Regulations.
15. Review pursuant to the Town's Land Development and Subdivision Review Regulations: Review by the Smithfield Planning Board.

5.11.3 Permitted Uses And Review Process.

1. Accessory solar energy systems shall be permitted and reviewed pursuant to the requirements of Section 5.11 4, Accessory Solar Energy Systems, and as otherwise indicated in this Ordinance.
2. All new principal solar energy systems shall be subject to Technical Review, and/or review pursuant to the Town's Land Development and Subdivision Review Regulations. Applications for principal solar energy systems shall be submitted to the Administrative Officer for the Planning Board.
   1. Small-scale solar energy systems shall be subject to Technical Review unless otherwise indicated in this Ordinance. All new principal solar energy systems shall be subject to Technical Review, and/or review pursuant to the Town's Land Development and Subdivision Review Regulations. Applications for principal solar energy systems shall be submitted to the Administrative Officer for the Planning Board.
   2. Large-scale solar energy systems shall be subject to

ARTICLE 6 - SUPPLEMENTARY REGULATIONS

6.1 PROVISIONS AFFECTING ALL DISTRICTS

• 6.1.1 Street Access to Buildings Every building hereafter erected or moved shall be on a lot adjacent to a street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. On any corner lot, no driveway or vehicular accessway shall be constructed within seventy-five (75) feet of the point of intersection of two (2) street lines.

• 6.1.2 Number of Residential Structures per Lot Not more than one (1) residential structure shall be permitted on a lot except in the case of an approved site plan in a Multi-Family or a Planned Development District.

• 6.1.3 Corner Visibility On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of two (2) feet and ten (10) feet above the centerline grades of the intersecting streets in the triangle formed by the street lines of such corner lots and a line joining points along said street lines fifteen (15) feet from the point of intersection, provided that:

• • A. Vertical structures not exceeding six (6) inches square or in diameter are exempt from this regulation.

• • E. All utility poles are also exempt.

• 6.1.4 Land Development Project Any proposed development which meets the definition of Land Development Project as defined in this ordinance shall be subject to review and approval by the Planning Board in accordance with the Smithfield Land Development and Subdivision Review Regulations.

6.2 ACCESSORY USES

• 6.2.1 Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses cannot exist without nor precede any principal use on a vacant lot. Accessory uses are subject to all the requirements of this Ordinance.

• • A. A permitted accessory building or structure may cover up to twenty-five (25) percent of a side or rear yard but may not exceed twenty (20) feet in height, and shall not be located within any front yard. No accessory building or structure shall be located nearer than ten (10) feet to a principal building unless such accessory building is attached to the principal building in a manner making it an integral part of the principal building.

• • B. In R-200, R-80 and R-Med districts, a permitted accessory building or structure shall not be located less than fifteen (15) feet from any side or rear lot line. In the R-20 and MU districts, a permitted accessory building or structure shall not be located less than ten (10) feet from any side or rear lot line.

• • C. In all residential zones, a shed as defined herein shall not be located less than six (6) feet from any side or rear lot line.

• 6.2.2 Customary home occupation provided that:

• • A. The occupation shall be carried on wholly within the principal residential building existing at the time of the passage of the Ordinance or constructed in accordance with the provisions of this Ordinance or within a building or other structure accessory thereto;

• • B. An office home occupation shall only be allowed by Special Use Permit. See Section 4.3, Use Code C4.

• • C. Home occupations shall not include hairdressers, barbers, cosmetologists, beauticians, manicurists and similar occupations.

• • D. The occupation is clearly incidental and secondary to the use of the dwelling unit for residential purposes;

• • E. There shall be no exterior display, no exterior sign (except as permitted under Article 8 - Signs), no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal building;

• • F. The occupation is carried on by a member of the family residing in the dwelling unit;

• • G. No offensive noise, vibration, smoke, dust, odor, heat or glare should be produced;

• • H. In the case of individual tutoring, no more than two hundred (200) square feet of floor area shall be utilized;

• • I. The use shall not result in more than fifteen (15) vehicle trips per day to the dwelling, including those attributable to the residential use of the structure.

6.3 PERFORMANCE STANDARDS

1. All proposed uses of buildings, lots or premises within any District after the passage of this Ordinance shall conform to the following:
   1. The applicant, at his/her own expense, shall furnish evidence sufficient to satisfy the Building Official that the proposed use of the building or premises will not exceed the standards below.
   2. Any use in excess of the standards permitted below shall be considered a violation of this Ordinance.
2. Air Pollutants - Except as is herein provided, all use and conditions of land, buildings and structures shall be in conformance with the regulations of the Department of Environmental Management.
3. Noise - No noise shall be in excess of that permitted by the Town's Noise Ordinance.
4. Odor - Emissions from plant sites or other sources as measured at the user's property line shall not exceed the established threshold limit values for odors as outlined in T.M. Hellman and F.H. Small, Journal Air Pollution Control Association, 24(10), 979-982, 120 Town of Smithfield Article 6 – Supplementary Regulations Zoning Ordinance (1974); and amendments thereto added by the Manufacturing Chemists Association, Inc., Washington, D.C.
5. Heat, Glare and Vibration

   No heat, glare or vibration shall be discernible without instruments from the outside of any structure.

6. Waste Disposal, Water Supply and Water Quality

   Regulations of the Department of Environmental Management shall be met and, when required, approval shall be indicated on the application for a Building Permit. In no case shall discharge cause the waters of the receiving body to exceed the limits assigned by the Department of Environmental Management.

7. Storage
   1. All materials, supplies and equipment shall be stored in accord with the Fire Prevention Standards of the National Fire Protection Association and shall be screened from view from public ways or abutting properties and in compliance with the storage of hazardous materials as defined in Use H-1.
   2. All above ground fuel tanks shall be screened from public view by an opaque wall or fence or by a hedge or other natural planting of comparable opacity as ordered by the Building Official.
8. Exterior Lighting
   1. No exterior lighting, other than street lighting approved by the Town Council, shall shine on adjacent properties or toward any street.
   2. There shall be no exterior illumination of buildings or grounds in any Residential District, except as may be permitted for required parking areas, shall:
      1. Be permitted only for non-commercial uses open to the public, such as a church or playground.
      2. Shall be shown on a site plan approved by the Building Official.
      3. Any lighting shall be continuous and non-flashing.
9. Building Construction

   No building permit shall be granted unless the application for such permit is filed in accordance with the State Building code.

10. Erosion Control

    Whenever the existing contours of the land are altered, the land shall be left in usable condition, graded in a manner to prevent the erosion of soil and the alteration of the run-off of water to or from abutting properties, and shall be suitably landscaped, all in accord with the Smithfield Soil Erosion and Sedimentation Ordinance.

11. Electrical Interference

    No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

12. Construction Encroaching Upon the Flood Plain

    121 Town of Smithfield Article 6 – Supplementary Regulations Zoning Ordinance Any new construction or substantial improvements encroaching upon the flood plain, as defined in the Flood Insurance Study, Town of Smithfield, Rhode Island, Federal Emergency Management Agency, shall be designed, or modified and anchored to prevent flotation, collapse, or lateral movement of the structure.

13. Public Water and Sewer
    1. All dwellings in the Multi-Family District and all principal uses in the Village, Highway Commercial, Commercial, Industrial, and Planned Development Districts must be serviced by public water and sewers.
    2. Any use generating in excess of an average of three thousand (3,000) gallons of waste water per day is required to connect to a public sewer.
14. Earth Materials

    All sod, loam, sand, gravel, quarried stone, dredge material, construction materials, materials from demolished structures, or other such materials moved, removed, dredged, dug or quarried from, or brought into the Town for disposal, temporary storage, or for use as fill shall be certified by the Official, or his agent, as to the quality of the material and the location where it will be deposited, in or out of the Town, and shall be recorded with the office of the Building Official. All removal will be in accordance with the Town of Smithfield Earth Removal Ordinance.

15. Wind Energy Conversion Systems, Machinery and Equipment

    The system shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR Part 15 (Federal Communications Commissions) as it exists, or as it may be amended. The base of a windmill shall be set back from all property lines and principal buildings at least the setback distance shown on the "Wind Turbine Setback Graph" North East Solar Energy Center Report, March 1979.

16. Landscaping
    1. Landscaping required by this Ordinance will be in accordance with the Smithfield Landscaping Ordinance.
    2. Buffers shall be maintained as required by the Smithfield Landscaping Ordinance.

6.4 SWIMMING POOLS

• 6.4.1 Swimming pools shall be permitted in rear yards only and shall be installed in accordance with the Rhode Island State Building Code, Appendix D (Swimming Pools, Spas, and Hot Tubs), Section D105, “Barrier Requirements” or the pertinent section of the State Building Code as it may be amended.

6.5 MIXED USE REQUIREMENTS

• 6.5.1. Mixed use shall only include residential and limited professional and office uses, except for those uses allowed by Special Use Permit in Use Category “D” (Public and Semi-Public Uses) and Use Category “E” (Outdoor Recreation). Permitted uses and special use permits are indicated in Table 1 – “Use Table” and are further defined here. Limited professional uses include medical, dental, legal, accounting, design, personal service establishments and similar professions. Office uses include real estate, insurance, financial lending institution but not including commercial bank with driveup windows. New structures which propose non-residential uses for part of the structure shall architecturally conform to an exterior residential building design. Notwithstanding any of the above, the non-residential use component shall be located on street level of the principal structure and shall not exceed 50% of the principal structure.

• 6.5.2. One freestanding sign not to exceed sixteen (16) square feet per side shall be allowed for the non-residential use. A freestanding signs shall not exceed 10 feet in height above the ground. No such freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public or private street, sidewalk, driveway, off-street parking or loading facility or any other access required by this Ordinance. Said freestanding signs shall not be located within 50 feet of an intersection with an existing public right of way. Sign illumination may only be from an external stationary light of white or off-white color.

6.6 PARKING AND STORAGE OF MOTOR VEHICLES AND MAJOR RECREATIONAL EQUIPMENT

• 6.6.1 The parking and storage of motor vehicles and major recreational equipment in residential districts shall be subject to §308 of the Smithfield Code of Ordinances.

6.7 NONPERMANENT STRUCTURES

• 6.7.1 Non-permanent residential structures, including mobile homes, and residential trailers, mobile home parks, residential storage trailers and residential storage containers, are prohibited from all zoning districts. Non-permanent business structures, including trailers, trucks, open air stands and outdoor carts, are also prohibited from all zoning districts, except that trailers used solely for storage accessory to a permitted business use in an Industrial Park as defined in Section 4.4.J-2, or accessory to a permitted municipal or governmental use, may be allowed by special use permit. Any such special use permit may be granted upon such conditions as the Zoning Board of Review deems appropriate, including, but not limited to, conditions regarding required trailer maintenance, color and screening, but only if such trailers are constructed and maintained in accordance with the State Building Code. The provisions of this section shall not apply to yard sales and sidewalk sales which are conducted in conformity with Chapter 347 of the Smithfield Code of Ordinances, nor shall they apply to bona fide fundraising events conducted by one or more legally recognized non-profit organizations, nor shall they apply to the holder of a valid peddler’s license issued by the Smithfield Town Council to a Smithfield taxpayer, nor shall they apply to vehicles and recreational equipment permitted by Chapter 308 of the Smithfield Code of Ordinances nor shall they apply to storage trailers and storage units used in conjunction with a validly issued building permit for the period of time said building permit remains in effect.

6.8 LAND UNSUITABLE FOR DEVELOPMENT Land unsuitable for development means land which has severe or very severe limitations for development.

• 6.8.1 When calculating the Basic Maximum Number of Dwelling Units for a residential major subdivision or major land development project, land included in any of the following categories shall be considered unsuitable for development and shall be deducted from the total lot area to determine the buildable area of the parcel:

• • a. Fresh water wetlands, as defined in the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to Rhode Island General Laws Section 2-1-20.1., as amended, excluding the buffers as defined in Section 5.3.4A of this Ordinance.

• • b. Areas within a 100 year flood zone, as defined by FEMA;

• • c. Land within the right of way of any existing or proposed public or private street.

• • d. Land within any publicly or privately held easement on which utilities, including but not limited to electrical transmission lines >69KV, are constructed.

• • e. Cemeteries.

• 6.8.2 Minimum Contiguous Buildable Areas. When calculating the Basic Maximum Number of Dwelling Units for a conservation development, as shown on a conventional yield plan under the provisions of Section X, Article H of the Smithfield Land Development and Subdivision Review Regulations, lots intended for the purpose of development shall contain the minimum lot area as provided in Section 5.4, Table 1. This minimum lot area need not be completely free of development constraints, but shall have a minimum contiguous buildable lot area (excluding land unsuitable for development as defined in the above categories) as provided in Article 5, §5.3 herein.

6.9 FLEXIBLE LOT FRONTAGE AND WIDTH Upon approval of the Planning Board as part of a conservation development as provided in the Land Development and Subdivision Review Regulations, the lot frontage and lot width variations listed below may be permitted by the Planning Board, through a request for a waiver.

1. In residential R-200, R-80 and R-Med zoning districts, the Planning Board is authorized to reduce the lot frontage and lot width of newly created lots on any public or approved private street to a minimum of twenty (20) feet.
2. Open space lots, within an approved conservation development, may have zero frontage on a street, as long as the Planning Board approves access to the open space by easement or other means.
3. As part of the application to the Planning Board for flexible lot frontage and width, a "conventional yield plan" as defined herein, shall be required. No more buildable lots shall be allowed using flexible lot frontage and width provisions than are allowed by using conventional frontage and width provisions.

6.10 USE OF DUMPSTERS AND SHIPPING CONTAINERS

Dumpsters - any container or bin capable of storing, transporting, receiving, hauling or emptying over 100 gallons of garbage, trash, refuse, waste, or materials including, but not limited to, commercially available roll-off units.

1. Any person in any residentially zoned district, prior to placing a dumpster on private property, shall first obtain a permit from the building & zoning official. Said permit will allow a dumpster for temporary use by the occupant of the dwelling for not more than (30) days or the time period for which there is an active building permit open on the property. Such dumpster(s) are subject to the following limitations:
   • The dumpster(s) shall be set back a minimum of (20) feet from the public right of way and a minimum of (10) feet from the side and rear property lines.
   • The dumpster(s) must be placed on a hard concrete or asphalt surface
   • No dumpster located in any residentially zoned district shall be serviced between the hours of 6:00 pm and 7:00 am.
   • The location of the dumpster(s) shall not affect the health, safety, and/or welfare of the neighborhood including, but not limited to, the build-up of offensive odors or odor generating waste, blocking access to a fire hydrant or obstructing the view of street intersections.
2. Shipping containers may be placed on any lot for a period of not more than eight (8) days for the purpose of loading or unloading of household items during a moving process and are restricted to a single container.

6.11 LAND DEVELOPMENT PROJECTS

• Land development projects shall be reviewed in accordance with the procedures established in the Land Development and Subdivision Regulations, pursuant to R.I.G.L. §45-23.
• No land development project shall be initiated until a plan of the project has been submitted and approval has been granted by the authorized permitting authority, as determined in Land Development and Subdivision Regulations.
• The permitting authority is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the authorized permitting authority, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.

6.12 Unified Development Review

• Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.
• Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of Section 10.8.B.
• In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of Section 10.8.C.1 relative to entering evidence into the record in satisfaction of the applicable standards and may impose conditions as stated in Section 10.8.C.3.
• In reviewing requests for special use permits the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance Section 10.8.C.2, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to Section 10.8.C and may impose conditions as stated in Section 10.8.C.3.
• Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to Section.

Town of Smithfield Article 6 – Supplementary Regulations Zoning Ordinance

6.13 Development Plan Review

• Development plan review established. There shall be development plan review for uses that are permitted by right under the zoning ordinance.
• Permitting authority. The permitting authority shall be as determined in the Land Development and Subdivision Regulations.
• Specific and objective guidelines. Design of all projects shall be consistent with the provisions of the Land Development and Subdivision Regulations.
• Waivers. The authorized permitting authority may grant waivers of design standards as set forth in the regulations.
• Appeal. A rejection of the decision shall be an appealable decision pursuant to Section 10.13.

Town of Smithfield Article 7 – Off-Street Parking and Loading Zoning Ordinance

6.11 LAND DEVELOPMENT PROJECTS.

• A. Land development projects shall be reviewed in accordance with the procedures established in the Land Development and Subdivision Regulations, pursuant to R.I.G.L. §45-23.

• B. No land development project shall be initiated until a plan of the project has been submitted and approval has been granted by the authorized permitting authority, as determined in Land Development and Subdivision Regulations.

• C. The permitting authority is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the authorized permitting authority, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance. 6.12 Unified Development Review

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

• B. Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of Section 10.8.B.

• C. In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of Section 10.8.C.1 relative to entering evidence into the record in satisfaction of the applicable standards and may impose conditions as stated in Section 10.8.C.3.

• D. In reviewing requests for special use permits the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance Section 10.8.C.2, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to Section 10.8.C and may impose conditions as stated in Section 10.8.C.3.

• E. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to Section. 6.13 Development Plan Review

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

• B. Permitting authority. The permitting authority shall be as determined in the Land Development and Subdivision Regulations.

• C. Specific and objective guidelines. Design of all projects shall be consistent with the provisions of the Land Development and Subdivision Regulations.

• D. Waivers. The authorized permitting authority may grant waivers of design standards as set forth in the regulations.

• E. Appeal. A rejection of the decision shall be an appealable decision pursuant to Section 10.13.

ARTICLE 7 - OFF-STREET PARKING AND LOADING

7.1 INTERPRETATION OF REGULATIONS

1. Accessible off-street parking facilities for the parking of motor vehicles shall be provided on public, semi-public and private property in connection with any new building or new use of the premises in accordance with the Schedule of Off- Street Parking Requirements (Schedule) in §7.4. Off-street parking requirements for uses not specifically identified in the Schedule in §7.4 shall be determined by the Official based on a use listed on the Schedule which has characteristics similar to the use in question.
2. No change in use of an existing building or lot shall be permitted unless parking is provided as required in the Schedule in §7.4. for the entire building or lot. The enlargement of any building shall require the provision of off-street parking for the existing building as if it were newly erected.
3. Where more than one (1) use occurs on one (1) site, the requirements of this Section shall be cumulative unless the Board finds that the periods during which a given use requires parking [which] will not substantially overlap the parking periods of other uses on the site and accordingly approves a proportional reduction in required spaces. In no case shall the number of required spaces be less than the number of spaces required by the use requiring the greater number of spaces.
4. Handicapped parking shall be provided in accordance with §7.3B of this Ordinance as required by Federal or State law, whichever is more restrictive.
5. Municipal or commercial parking lots shall not be substituted for the requirements of this Section.
6. Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for the main use and shall be approved with the site plan in accordance with §10.9.
7. Common driveways are not allowed unless shown on a site plan approved in accordance with §10.9.
8. For all parking areas, new or existing, to be expanded, renovated, and/or rehabilitated, a Soil Erosion and Sediment Control Application shall be submitted to the Town Engineer for determination of applicability under the Soil Erosion and Sediment Control Ordinance. Should the Town Engineer determine that the proposed alterations to the property are "Applicable" under the provisions of said Ordinance, the application shall be forwarded to the Soil Erosion and Sediment Control Committee for review. Said plans shall be prepared in conformance with said Ordinance.

7.2 LOCATION OF PARKING USES

1. Required off-street parking areas shall be provided on the same lot they serve.
2. Off-street parking spaces shall be so laid out that they are not directly accessible from a public way, but each space shall be accessible by means of an intervening private drive. 127 Town of Smithfield Article 7 – Off-Street Parking and Loading Zoning Ordinance
3. Parking areas within required front yards shall not be permitted unless approved with a site plan in accordance with §10.9.

7.3 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS

1. Required off-street parking shall comply with §16-166 through §16-173 (Landscape Ordinance) of the Smithfield Code of Ordinances.
2. Each parking space (except in a commercial parking lot where cars are parked by an attendant) shall be not less than nine (9) feet wide and eighteen (18) feet long for non-handicapped parking, measured as a rectangle.
3. Handicapped parking shall be required in accordance with applicable state and federal laws and shall comply with the dimensional standards required by the Americans with Disabilities Act (ADA), as amended.
4. Required off-street parking areas may devote up to twenty (20) percent of the required number of spaces to compact cars with dimensions not less than eight and one-half (8-1/2) feet wide and sixteen (16) feet long, measured as a rectangle. Compact car parking areas shall be identified with signage approved by the Official.
5. Required parking areas shall be construed to include access driveways, median strips, handicapped parking spaces, landscaping, walks and other related installations in addition to the parking stalls.
6. No driveway along which parking is permitted shall have less than the following widths:
   1. Twelve (12) feet for parallel parking.
   2. Twelve (12) feet for thirty (30) degree angle parking.
   3. Fifteen (15) feet for forty-five (45) degree angle parking.
   4. Nineteen (19) feet for sixty (60) degree angle parking.
   5. Twenty-four (24) feet for ninety (90) degree angle parking.
7. No entrance or exit for any off-street parking area with two (2) or more parking spaces for any loading berth shall be located within fifty (50) feet of the intersection of any two (2) street lines. Entrance and exit lanes shall be fifteen (15) feet wide each or have a combined width of thirty (30) feet.
8. No more than twenty (20) spaces shall be provided in a row without separation by a pedestrian walkway and by a landscaped area provided that in the case of double rows, this section shall mean twenty (20) spaces on each side of the bay area.
9. All non-residential parking area and driveways shall be maintained as follows:
   1. A dust-free all-weather surfacing such as an oiled or asphalt surface which shall be properly drained shall be provided and approved by the Official. Parking areas not required by this Ordinance and which are used only occasionally may be maintained in grass.
   2. Required parking spaces, except for parking areas for two (2) or less vehicles shall be clearly marked and any one-way driveways serving them shall have the direction of travel clearly indicated.
   3. Required parking areas shall be used for automobile parking only, with no sales dead storage, repair work, dismantling or servicing of any kind.
   4. Any illumination for a parking area shall be arranged or designed so as to prevent glare and shall be shielded to prevent light from directly shining upon any adjoining building or property in residential use or adjacent streets.
10. A parking area for more than two (2) vehicles shall be subject to the additional following conditions:
    1. The area shall be provided with bumper guards, curbing and striping.
    2. Where such area adjoins or lies within a residential district, screening, landscaping, and open space areas in accordance with the provisions of the Landscape Ordinance shall be provided.
    3. Parking abutting the highway line shall be required with an access opening no less than thirty-six (36) feet and no greater than fifty (50) feet. There shall be no more than one (1) opening for each three hundred (300) feet of frontage. Landscaping in accordance with the Landscape Ordinance shall be provided.
11. Minimum Stacking Space Requirements

    All uses which include a drive-up window or which are characterized by patrons remaining in their vehicles to receive service shall provide stacking spaces in order to alleviate traffic congestion. Stacking spaces shall be a minimum of ten (10) feet in width and eighteen (18) feet in length. All stacking areas must be separate from other circulation aisles and parking spaces and are measured end-to-end. The use of a landscaped island with curbing is recommended to channelize traffic. Uses requiring stacking spaces are identified in the Schedule in §7.4 of this Ordinance. For other uses not identified in the Schedule which possess drive-up windows or similar characteristics, the Official shall make a determination regarding if and how many stacking spaces are required to be provided.

7.4. SCHEDULE OF OFF-STREET PARKING REQUIREMENTS

The following minimum number of spaces shall be required according to the use of the structure. A greater number of spaces shall be provided if required as a condition of a special use permit. Each space shall be provided with adequate maneuvering space, in compliance with the requirements in §7.3, above. Where the computation results in a fractional number, the fraction shall be counted as one (1) space.

1. Residential Buildings:
   1. One (1) and two (2) family dwellings: Two (2) spaces per dwelling unit plus one (1) space for each bedroom in excess of three (3).
   2. Multi-family dwelling: Two (2) spaces for each dwelling unit.
   3. Bed and Breakfast Homes: Two (2) spaces per dwelling unit plus one (1) space for each bedroom and/or lodging room in excess of three (3).
2. Commercial Establishments:
   1. Animal Hospital, Kennel: One (1) space per three hundred (300) square feet of gross floor area.
   2. Banks, Financial Institutions with Drive-Up Windows: One (1) space per two hundred and fifty (250) square feet of gross floor area. A minimum of eight (8) stacking spaces for one (1) drive-up window plus four (4) stacking spaces for each additional drive-up window shall be required and measured from the drive-up window.
   3. Banks, Financial Institutions without Drive-Up Windows: One (1) space per two hundred and fifty (250) square feet of gross floor area.
   4. Bowling Alleys: Three (3) spaces for each bowling alley plus additional spaces for eating establishments on the premises in the amount of one (1) space per one hundred and fifty (150) square feet of gross floor dining area.
   5. Car Wash: One (1) space per employee on the maximum shift plus a minimum of three (3) stacking spaces per car wash bay and measured from the car wash bay.
   6. Dance Halls: [Content truncated in source]

7.4. SCHEDULE OF OFF-STREET PARKING REQUIREMENTS The following minimum number of spaces shall be required according to the use of the structure. A greater number of spaces shall be provided if required as a condition of a special use permit. Each space shall be provided with adequate maneuvering space, in compliance with the requirements in §7.3, above. Where the computation results in a fractional number, the fraction shall be counted as one (1) space.

• A. Residential Buildings:

• • (1) One (1) and two (2) family dwellings: Two (2) spaces per dwelling unit plus one (1) space for each bedroom in excess of three (3).

• • (2) Multi-family dwelling: Two (2) spaces for each dwelling unit.

• • (3) Bed and Breakfast Homes:

• • Two (2) spaces per dwelling unit plus one (1) space for each bedroom and/or lodging room in excess of three (3).

• B. Commercial Establishments:

• • (1) Animal Hospital, Kennel: One (1) space per three hundred (300) square feet of gross floor area.

• • (2) Banks, Financial Institutions with Drive-Up Windows: One (1) space per two hundred and fifty (250) square feet of gross floor area. A minimum of eight (8) stacking spaces for one (1) drive-up window plus four (4) stacking spaces for each additional drive-up window shall be required and measured from the drive-up window.

• • (3) Banks, Financial Institutions without Drive-Up Windows: One (1) space per two hundred and fifty (250) square feet of gross floor area.

• • (4) Bowling Alleys: Three (3) spaces for each bowling alley plus additional spaces for eating establishments on the premises in the amount of one (1) space per one hundred and fifty (150) square feet of gross floor dining area.

• • (5) Car Wash: One (1) space per employee on the maximum shift plus a minimum of three (3) stacking spaces per car wash bay and measured from the car wash bay.

• • (6) Dance Halls: One (1) space for each twenty-five (25) square feet of dance floor space area; plus additional spaces equal to seventy-five (75) percent of the number of employees, including musicians.

• • (7) Drive-In Restaurants and Establishments with Drive-Thru Windows: One (1) space for every two (2) seats, plus one (1) space per each employee in the maximum shift. A minimum of ten (10) stacking spaces shall be required and measured from the drive-up window.

• • (8) Eating and Drinking Establishments: One (1) space for every three (3) seats, plus one (1) space per each employee in the maximum shift.

• • (9) Funeral Homes: One (1) space for each three (3) seats in the reposing rooms, plus one (1) space per funeral vehicle and one (1) space per employee.

• • (10) Furniture Sales: One (1) space per four hundred (400) square feet of gross floor area for display area, plus one (1) space per one thousand (1,000) square feet of warehouse area, plus one (1) space per company vehicle.

• • (11) Gasoline Filling Station: Three (3) spaces for each service bay plus one (1) space per employee on the maximum shift. If retail sales are provided as an accessory use for such items as food, beverages, and/or convenience, additional spaces shall be provided in the amount of one (1) space two hundred (200) square feet of gross floor area for the first ten thousand (10,000) square feet plus four (4) spaces for each additional one thousand (1,000) square feet of gross floor area.

• • (12) Hotel, Motel: One (1) space for each rooming unit and one (1) space per employee on the maximum shift. If eating and/or drinking establishments are located on the premises, additional spaces shall be provided in the amount of one (1) space for every three (3) seats, plus one (1) space per each employee in the maximum shift.

• • (13) Lumber, Building Material, Landscaping Retail Sales: One (1) space per four hundred (400) square feet of gross floor area for display area, plus one (1) space per one thousand (1,000) square feet of warehouse area, plus one (1) space per company vehicle.

• • (14) Personal Services Establishment: One (1) space per two hundred (200) square feet of gross floor area.

• • (15) Radio or Television Station: One (1) space per three hundred (300) square feet of gross floor area, plus one (1) space per company vehicle.

• • (16) Retail Business and Service Establishments, except Eating and Drinking Establishments: Four and one-half (4½) spaces per one thousand (1000) square feet of gross floor area regardless of size of retail business or service establishment.

• • (17) Roadside stand: Six (6) spaces.

• • (18) Vehicle Sales or Rental: One (1) space per five hundred (500) square feet of enclosed sales area, plus two (2) spaces per service bay, plus one (1) space per employee on the maximum shift, plus one (1) space per five hundred (500) feet of outdoor, open sales area.

• C. Offices (1) Office, General (excluding Professional, Medical and Dental Offices and Clinics): Four (4) spaces per one thousand (1000) square feet of gross floor area.

• • (2) Offices: Professional, Medical and Dental Offices and Clinics: One (1) space per two hundred (200) square feet of gross floor space or five (5) spaces per professional person keeping office, plus one (1) space per staff member, whichever is greater.

• D. Public and Semi-Public (1) Day Nurseries or Day Care Center, Public or Private:

• A minimum of one (1) space or one (1) space for each five hundred (500) square feet of indoor play or instruction space, whichever is greater.

• • (2) Elementary, Junior High or Middle School, Public or Private: One (1) space for each employee plus sufficient off-street parking space for safe and convenient loading and unloading of students and extracurricular activities.

• • (3) High School, Public or Private: One (1) space for every six (6) students, plus one (1) space for each employee plus sufficient off-street parking space for safe and convenient loading and unloading of students and extracurricular activities. If the High School has an auditorium or stadium, then an additional space shall be provided for every two (2) students.

• • (4) College or Business School, Public or Private: One (1) space for each employee plus one (1) space for each student. If the institution has an auditorium or stadium, then an additional space shall be provided for every two (2) students.

• • (5) Churches and Other Places of Worship. One (1) space for every three (3) seats, plus one (1) for each staff member and site resident, but not less than twenty (20) spaces.

• • (6) Hospitals, Sanitariums. One (1) space for each doctor (staff or visiting) associated with the institution, plus one (1) space for each employee on the maximum shift, plus one (1) space for every two (2) beds, plus such additional space for business and social visitors as shall be determined by the Official.

• • (7) Library, Museum, or Cultural Center. Two (2) spaces per five (5) patrons, based on the occupancy limits, plus one (1) space per employee on the maximum shift.

• • (8) Rehabilitation Homes, Halfway Houses, Rest Homes, Convalescent Homes, Nursing Homes, Assisted Living Facilities. There shall be one (1) paved off-street parking space provided for every four (4) beds and one such space for each staff member on the maximum shift.

• E. Recreational (1) Auditoriums, Theaters (Indoor or Outdoor), Stadiums. One (1) space for every two (2) seats.

• • (2) Day Camps. For each six thousand (6,000) square feet of lot area, one (1) accessory off-street parking space of five hundred (500) square feet is provided to accommodate buses used in the transportation of campers, in addition to the accessory off-street parking requirements.

• • (3) Golf Courses, Country Clubs, or Driving Ranges. a) For driving ranges, a minimum of one (1) off-street parking space shall be provided for each driving tee and each putting green.

• • Additional paved spaces shall be furnished for other uses in conjunction with the range. b) For golf courses and country clubs, a minimum of fifty (50) offstreet parking spaces shall be provided for a 9-hole course and one hundred (100) spaces for an 18-hole course. In addition, there shall be one (1) space for every four (4) seats of capacity if the club or course has a dining and/or lounge facility.

• F. Industrial and Utilities (1) Research and Development Facility One (1) space per one thousand (1,000) square feet of gross floor area or one (1) space per employee, whichever is greater.

• • (2) Warehousing, Freight Terminal One (1) space for every one thousand (1,000) square feet of floor area or one (1) space per employee on the maximum shift, whichever is greater.

• • (3) Wholesale Establishments, Manufacturing, and Industrial District Uses. One (1) space for every five hundred (500) square feet of floor area devoted to manufacturing, compounding, assembling, or packaging operations or one (1) space per employee on the maximum shift, whichever is greater.

• • (4) Utility Facility, Major. One (1) space per employee plus one (1) space per company vehicle.

• • (5) Utility Facility, Minor. Adequate parking for the emergency maintenance of utility facility, minimum of two (2) spaces.

7.5 OFF-STREET LOADING REQUIREMENTS

• 7.5.1 Required Conditions for Off-Street Loading

• • A. Off-street loading facilities shall be provided and maintained. In all Districts in conjunction with every building hereafter erected, structurally altered and occupied for manufacturing, storage, warehouse, goods display, retail or wholesale store, laundry, dry cleaning, hotel, hospital, laboratory, office building, college and other uses similarly requiring the receipt or distribution by motor vehicles of materials or merchandise.

• • B. Such facilities shall be erected in any district where required after adoption of this Ordinance in accordance with the requirements of this Section.

• 7.5.2 Location of Facilities

• • A. Loading facilities, whether docks or spaces, shall be:

• • • (1) Adjacent to, partly within, or completely enclosed within structure.

• • • (2) On the same lot as the building or use they are intended to serve.

• • • (3) On private property, laid out so that access is not provided directly from a public way, but is from an intervening driveway or maneuvering area.

• • • (4) In any Industrial District, no loading facility shall be permitted closer than one hundred (100) feet to any residential use or residential district.

• 7.5.3 Design of Loading Facilities

• • A. Each loading bay shall be not less than twelve (12) feet in width, fourteen (14) feet in height, and twenty-five (25) feet in length for normal usage and sixty (60) feet in length for tractor-trailer usage (exclusive of platforms, maneuvering space, access drives and screening).

• • B. Required loading bays shall include sufficient reserve space on the lot in addition to the bays so that vehicles can be maneuvered into position without interference with streets or required off-street parking.

• • C. Entrance and exits to loading areas shall be located not less than fifty (50) feet from any street intersection.

• 7.5.4 Other Requirements

• • A. Areas of facilities designed for off-street loading shall be used exclusively for loading, maneuvering access and landscaping. They shall not be used in a manner which will interfere with their required purpose, nor satisfy the off-street parking requirements.

• • B. Off-street loading facilities shall not be reduced in number or encroached upon in any manner after their initial provision unless a change in use occurs which permits a reduction in quantity.

• • C. No part of an off-street loading facility required for any building or use shall be included as part of a loading facility similarly required for another building or use unless the Board finds that the type of building or use indicates that the usage or the loading facilities will not occur simultaneously.

• 7.5.5 Required Loading Spaces

• • A. For each commercial and industrial enterprise of over two thousand and five hundred (2,500) square feet of gross floor or ground area in which commodities are sold, displayed, serviced, repaired, altered, or fabricated as the principal use of the enterprise, the first off-street loading space shall be required for the first ten thousand (10,000) square feet of gross floor area. Thereafter, one off-street loading space shall be required for every additional forty thousand (40,000) square feet of gross floor area.

• • B. Additional off-street loading spaces shall be required by the Building Official when necessary to provide adequate area for off-street loading. Detailed plans for off-street loading may be required before the issuance of any building permit.

ARTICLE 8 - SIGNS

8.1 GENERAL

• A. Signs in all Districts may be located in any required yard, provided that:
  1. Said signs shall be set back from any side lot line at least the side yard distance required for the adjoining lot.
  2. No signs shall be permitted within twenty (20) feet of a street or public right-of-way.
• B. Sign computation and dimensional schematics are shown on the Sign Computation and Dimensional Schematics.

8.2 PROHIBITIONS AND RESTRICTIONS, GENERAL

1. No sign shall be placed or located or displayed upon any sidewalk, nor shall any sign project over the sidewalk, nor over any public right-of-way with the following exceptions:
   1. Temporary Signs if authorized under §8.7 of this Ordinance.
   2. An identification sign no larger than two (2) square feet in area. Such signs shall have a vertical clearance over the sidewalk or public right-of-way of at least eight (8) feet.
2. No sign shall be affixed in any manner to any tree, nor to any public utility pole.
3. No sign shall be in whole or in part changing, blinking, flashing, moving, mobile, revolving or animated except for signs commonly known as "barber poles" ordinarily and customarily used in connection with barber shops.
4. No roof signs (often known as "sky signs") shall be permitted.
5. No off-site directional signs shall be permitted except signs erected by the Town of Smithfield, the State of Rhode Island or the Federal Government indicating the route to major public facilities, shopping areas and the like.
6. No "A" frame, pennant, flag larger than fifteen (15) square feet in area, whirligig, banner or string light bulbs (other than those used for the seasonal sale of Christmas trees) shall be permitted.
7. No animated sign illuminated by flashing or intermittent lighting shall be permitted.
8. No billboards shall be permitted.
9. Signs affixed to trailers, mobile units or parked vehicles are not permitted to be parked on any premises for the principal purpose of advertising a business.

8.3 SIGN PERMITS

1. Except as hereinafter provided in paragraph C, no sign shall be erected, altered or enlarged, or affixed to any building or placed on any premises without a permit issued by the Official. Such permits shall only be issued in conformance with the provisions of this Section.
2. Application for sign permits shall be accompanied by such plans, drawings and specifications as the Official may require. Such permits may be issued on a permanent basis or for an indefinite period not to exceed one hundred eighty (180) days. A permit issued for an indefinite period shall become invalid when the product or activity advertised on the sign has been discontinued or inactive for a period of one (1) year. Fees for all sign permits shall be as the Town Council may, from time to time, determine.
3. The following types of signs shall be authorized by right, without the necessity of a permit therefore.
   1. One (1) sign, bearing the names of the occupant of a dwelling, not to exceed three (3) square feet in area. If the occupant is engaged in a customary home occupation or is a professional, the sign may also display a word or words indicating such occupation or profession.
   2. One (1) sign offering accommodations for guests, not to exceed two (2) square feet in area.
   3. One (1) real estate sign per principal building or lot if there is no building thereon, not to exceed six (6) square feet in a residential district and twelve (12) square feet in business, office and industrial districts. Such signs shall be removed forthwith upon sale or rental of the premises advertised.
   4. Signs identifying the use of the premises by a religious or educational institution, not to exceed ten (10) square feet in area.
   5. Signs prohibiting trespassing, hunting, and the like, not to exceed one (1) square foot in area.
   6. Street name signs, and signs erected by the Town, or State, for the direction and control of traffic.
   7. Window signs; however, the total area of such signs shall not be greater than fifteen (15) percent of the area of the window through which they are to be viewed. Window signs exceeding this area limitation are expressly prohibited.
   8. Signs on or adjacent to the entry of a multiple occupancy building listing the names and/or occupations of the occupants thereof, provided that the size of such sign shall not exceed one (1) square foot for each occupant.
   9. Signs not to exceed six (6) square feet in area designating historical places or points of interest, erected by governmental authority or by a duly chartered historical association or the like with approval of the Traffic Safety Commission.
   10. Signs indicating, "Entrance", "Exit", "Parking", or the like, erected on a premises for the direction of persons or vehicles, no to exceed two (2) square feet in area.
   11. Directional signs not exceeding two (2) square feet in area pertaining to churches, schools, institutions and other non-profit uses with approval of the Traffic Safety Commission.
   12. Non-commercial decorative or national flags shall be allowed in all districts.
   13. A limit of two (2) commercial flags per business.
   14. Signs identifying public uses operated by a unit of government.
   15. No signs may be posted on trees, utility poles, traffic or regulating signs of any nature.
   16. A bulletin board for public, charitable or religious institutions when located upon the premises of said institutions. These bulletin boards shall not exceed ten (10) square feet in area and shall bear no commercial advertising. There shall be no more than one bulletin board on site.

8.4 MAINTENANCE OF SIGNS

• A. All signs whether erected prior to the effective date of this Ordinance or not, and whether a permit is required or not, shall be maintained in a safe and neat condition to the satisfaction of the Official. Failure to correct a violation of this provision within ten (10) days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected prior to the time when such permit was required, or if it is a type for which no permit is required.

8.5 VILLAGE, COMMERCIAL, HIGHWAY COMMERCIAL, PLANNED CORPORATE, PLANNED

DEVELOPMENT AND INDUSTRIAL SIGNS

1. The following special provisions shall apply to signs in all Village, Commercial, Highway Commercial, Planned Development, Planned Corporate, and Industrial Districts:

   1. One (1) or more wall signs are permitted for each wall fronting on a street or parking area. The total area of such signs combined shall not exceed one (1) square foot for each front foot of street frontage of the front yard or of the corner side yard of the premises on which said signs are located, except where the principal front yard or corner side yard of the premises total less than fifty (50) feet of street frontage, then the total surface area of all signs combined on any one (1) premises shall not be more than five hundred (500) square feet in area. Such signs may not be directly painted on any wall, but may consist of individual letters attached to or cut into such wall; in such case, the area of such sign shall be figured on the basis of the perimeter required to contain all the letters, numbers or other devices comprising the sign. If a building is provided with a portico, projecting shelter, balcony or the like the sign may be erected on such structure, provided it does not extend over a public way.

   2. In addition to the signs permitted under A1, above, where the area in front of a building permits, there may be one (1) free-standing sign for each street on which it fronts not to exceed sixteen (16) square feet per side in area for each fifty (50) linear feet of lot frontage, or fraction thereof, if it is set back from the street line.

      1. Exterior signs in all business, office and industrial districts shall be located twenty (20) feet or more from any residential district boundary line. Said signs shall pertain only to the use or business conducted on the premises on which it is located.

      2. Height requirements: Freestanding signs must be erected so that the lowest portion of the sign, not including the support, is higher than eight (8) feet and the highest portion of the sign, including the support, is not above fourteen (14) feet. Freestanding signs not located in an area of pedestrian travel must be erected so that the lowest portion of the sign is higher than four (4) feet and the highest portion of the sign including the support is not higher than ten (10) feet. Monument signs shall not exceed five (5) feet in height.

   3. Notwithstanding the foregoing, the following modifications are permitted:

      1. Theaters: The marquee of a theater shall be considered as comprising part of the wall area in determining the total sign area to be permitted.

      2. Subdivisions, Land Development Projects: One (1) Subdivision/ Land Development Project name sign, not to exceed sixteen (16) square feet may be permitted during construction for each entry to a subdivision/land development project from a public way during construction after which the subdivision/land development project name sign shall not exceed four (4) square feet.

      3. Contractors, Developers: For each construction or development project there may be issued a temporary permit for one (1) standing sign, not to exceed sixteen (16) square feet in area, setting forth facts and names pertinent to the project. Such sign shall be removed forthwith when the project is completed.

      4. Gasoline Stations: Standard pump head signs of gasoline filling stations are not considered to be part of the required sign area. Such signs, however, must not be animated nor illuminated by flashing or intermittent lighting.

      5. Plaza: Where a group of three (3) or more business buildings or stores are built as a "plaza" or "Shopping Center" and it is desired to identify the grouping as such, in addition to the signs permitted for individual buildings or businesses, there may be permitted one (1) standing sign, not to exceed forty (40) square feet in area displaying only the plaza or center name, set back not less than fifty (50) feet from any street property line.

8.6 ILLUMINATION OF SIGNS

1. Except as otherwise prohibited herein, signs may be illuminated by any fixed steady light source, of such nature and in such manner that the brightness of the sign face does not exceed one hundred (100) lumens per square foot. Except for neon type signs, where permitted, such illumination shall be so arranged that its source is not directly visible from any way, occupied building or abutting property and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this paragraph but this paragraph shall apply to window signs.
2. Illuminated signs shall not cause glare distracting to drivers, nor shall they be in such a position or such color as will hamper the readability of traffic lights or traffic signs.
3. No signs shall be illuminated in residential districts.
4. Signs may be illuminated externally by a stationary light of white or off-white color.
5. There shall be no internally illuminated box signs.

8.7 TEMPORARY SIGNS Notwithstanding any other provisions of this Section, Temporary Signs shall be permitted to advertise non-residential uses, subject to the following:

1. Temporary Signs, permitted under this Sub-section are defined as banners professionally prepared as determined at the sole discretion of the Official, not to exceed sixty (60) square feet.
2. No Temporary Sign shall be erected without a permit issued by the Official. A permit shall be required for each Temporary Sign, however, no permit fee shall be charged.
3. No more than one (1) Temporary Sign is allowed to be displayed per business and no more than four (4) shall be displayed on any building where multiple businesses are located, including retail shopping centers. Temporary Signs may be displayed only on existing free-standing signs, roofs, or on building walls.
4. Temporary Sign Permits may be issued for up to a total of eight (8) weeks in any calendar year. No business may display a Temporary Sign or Signs in the aggregate in excess of eight (8) calendar weeks.
5. During periods of major highway construction which impair the visibility and/or ingress/egress to non-residential uses as determined by the sole discretion of the Official, said Official may authorize at his/her discretion, additional Temporary Signs, including off-site signs, to further identify access to the business and/or to confirm that the establishment is open for business.
6. Temporary Signs erected across a highway advertising a civic event in the Town of Smithfield are allowed subject to a permit from the Official and authorization from the jurisdiction which owns the highway.

ARTICLE 9 - SPECIAL DISTRICTS

9.1 OVERLAY DISTRICTS

Overlay zoning districts are hereby established to regulate areas and structures within designated areas. These regulations are necessary to meet the purposes of this Ordinance. The boundaries of the overlay zoning districts are as shown on the Overlay Zoning District Map, the official zoning map of the Town. These boundaries may be amended in accordance with Article 11 of this Ordinance.

9.2. AIRPORT OVERLAY DISTRICT

Within the Airport Overlay District,

1. The area shall be sufficient to meet the Federal Aviation Administration requirements for the class of airport or heliport proposed.
2. There shall be no existing flight obstruction such as towers, chimneys, or other tall structures, or natural obstructions outside the proposed airport which would fall within the approach zone to any of the proposed airport or heliport runways or landing strips.
3. There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration, or any other appropriate authority.
4. In cases where air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

9.3. PUTNAM PIKE/ESMOND STREET PLANNED DEVELOPMENT DISTRICT

The Property located at 355 Putnam Pike and Esmond Street more particularly described as Assessor's Plat 29/Lot 66A, Assessor's Plat 30 Lots 20, 29, 30, 30A and 31A, and Assessor's Plat 35/Lots 13 and 21 shall be zoned as a special overlay district for Planned Development (PD) called Putnam Pike/Esmond Street Planned Development District, subject to the following limitations, conditions, and restrictions:

1. Uses allowed. In addition to uses permitted in the Planning Development (PD) zoning district, the following uses shall be permitted as of right on the subject property:
   1. Single family, two family or multi-family uses provides that no more than one hundred (100) residential dwelling units are allowed, which may be in the form of apartment buildings, duplexes, triplexes, townhomes, single family detached or attached units and/or condominiums:
   2. Medical and health services hospital (not animal hospital) ("MHSH") to include in-patient medical and surgical services and care along with any or all of the following: medical diagnostic services, including but not limited to x-rays, MRI and similar testing mechanisms, medical office, research laboratory or educational facility, and any use accessory thereto, center for occupational and physical therapy, physical fitness, clinic for medical or surgical treatment, whether on an inpatient or outpatient basis and pharmacy.
2. Residential development standards and requirements.
   1. The residential development shall be exempt from § 5.10 of the Zoning Ordinance.
   2. 20% of the residential units shall be age-restricted as 55 or older.
   3. The age-restricted units shall not be required to be integrated throughout the development and similar in size or scale as other types of housing due to the statutory and regulatory requirements for the construction of such units.
   4. No portion of an impact fee related to schools shall be charged to any age-restricted units.
   5. The dimensional standards in Table 1 below shall apply.
   6. Multi-family buildings may contain a maximum of 50 units.
3. MHSH requirements.
   1. The dimensional standards in Table 1 below shall apply to the MHSH facilities.
   2. Parking may be allowed in any side or front yard abutting a public right of way.
   3. Circulation shall be designed for both vehicle and pedestrian use. Pedestrian access rom the street and the parking lot to the main door of the facility shall be designed to avoid conflict with vehicular traffic and to easily accommodate access for the disabled and elderly. Pedestrian paths shall be clearly delineated with pavement materials and/or markings and signage, and shall be located to create the shortest possible, safe path between parking lots and passenger loading areas to the primary entrance.
4. Dimensional standards. The following dimensional standards apply:

   Table 1. Dimensional Standards Residential Use MHSH Minimum Lot area (in square feet) n/a n/a Minimum Frontage and Lot width (in feet) n/a n/a Minimum front yard (in feet) 25 ft 25 ft 25 ft Minimum side yard (in feet) 10 ft 10 ft Minimum rear yard (in feet) 25 ft 50 ft Maximum Lot coverage 25% 25% Maximum Impervious surface n/a 90% Maximum floor area ratio n/a n/a Maximum Height 4 stories 75 ft Minimum Parking 2 per dwelling unit 1 space per 250 sq. ft. Building size (maximum) n/a 98,000 sq. ft.

5. General Provisions. The development of the property shall conform to the following limitations and conditions:
   1. More than one building may be allowed on a lot. Building separation shall comply with all applicable building and fire codes.
   2. More than one use may be allowed in a building.
   3. Individual parcels within the property may be subdivided with 0' interior building setbacks as long as required access and parking requirements are met.
   4. All roadways, drives, and parking areas on the Property must be privately-owned and maintained by the property owner.
   5. The following provisions of Zoning Ordinance Section 5.7.1 shall not apply to the development of the subject property: Sections 5.7.1.B, C, D, E, F, G, H, I J, K, M, T, R, U, and V
   6. Section 5.5 shall not apply (provided that the separation between the buildings must meet all applicable building and fire codes).
   7. Section 5.3.1(A)(3) shall not apply.
   8. Section 5.3.3(C) shall not apply.
   9. The Property may have up to three egress points which may be for entrance and/or exit. Any off-site traffic improvements on local or public Town roadways deemed necessary by the Planning Board shall be consistent with final proposed plans by the Rhode Island Department of Transportation (RIDOT). Written RIDOT approval shall be required at final plan, with the full permit due prior to the issuance of a building permit.
   10. The property owners must obtain a revised final plan approval for a major land development before the Planning Board, which shall include a public hearing, consistent with state law, prior to recording and the issuance of a building permit.
   11. The property owners shall submit an updated full traffic study to the Planning Board for consideration at the revised final plan stage of review.
   12. The property owners shall construct any improvements to the intersection of Rt. 44 and Esmond Street in compliance with RIDOT approval and the physical alteration permit issued for the development.
   13. The property owners must submit their required RIDEM approvals with the revised final plan submission.
   14. Should blasting be required, a blasting plan, which is to include a pre-blast survey of abutting properties and appropriate bonding, must be approved in advance of any blasting by the Town Engineer and the State Fire Marshal.

9.2. AIRPORT OVERLAY DISTRICT Within the Airport Overlay District,

• A. The area shall be sufficient to meet the Federal Aviation Administration requirements for the class of airport or heliport proposed.

• B. There shall be no existing flight obstruction such as towers, chimneys, or other tall structures, or natural obstructions outside the proposed airport which would fall within the approach zone to any of the proposed airport or heliport runways or landing strips.

• C. There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration, or any other appropriate authority.

• D. In cases where air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

9.3. PUTNAM PIKE/ESMOND STREET PLANNED DEVELOPMENT DISTRICT The Property located at 355 Putnam Pike and Esmond Street more particularly described as Assessor’s Plat 29/Lot 66A, Assessor’s Plat 30 Lots 20, 29, 30, 30A and 31A, and Assessor’s Plat 35/Lots 13 and 21 shall be zoned as a special overlay district for Planned Development (PD) called Putnam Pike/Esmond Street Planned Development District, subject to the following limitations, conditions, and restrictions:

• A. Uses allowed. In addition to uses permitted in the Planning Development (PD) zoning district, the following uses shall be permitted as of right on the subject property:

• • 1. Single family, two family or multi-family uses provides that no more than one hundred (100) residential dwelling units are allowed, which may be in the form of apartment buildings, duplexes, triplexes, townhomes, single family detached or attached units and/or condominiums:

• • 2. Medical and health services hospital (not animal hospital) (“MHSH”) to include in-patient medical and surgical services and care along with any or all of the following: medical diagnostic services, including but not limited to x-rays, MRI and similar testing mechanisms, medical office, research laboratory or educational facility, and any use accessory thereto, center for occupational and physical therapy, physical fitness, clinic for medical or surgical treatment, whether on an inpatient or outpatient basis and pharmacy.

• B. Residential development standards and requirements.

• • 1. The residential development shall be exempt from § 5.10 of the Zoning Ordinance. 2. 20% of the residential units shall be age-restricted as 55 or older.

• • 3. The age-restricted units shall not be required to be integrated throughout the development and similar in size or scale as other types of housing due to the statutory and regulatory requirements for the construction of such units.

• • 4. No portion of an impact fee related to schools shall be charged to any age-restricted units.

• • 5. The dimensional standards in Table 1 below shall apply.

• • 6. Multi-family buildings may contain a maximum of 50 units.

• C. MHSH requirements.

• • 1. The dimensional standards in Table 1 below shall apply to the MHSH facilities.

• • 2. Parking may be allowed in any side or front yard abutting a public right of way.

• • 3. Circulation shall be designed for both vehicle and pedestrian use. Pedestrian access rom the street and the parking lot to the main door of the facility shall be designed to avoid conflict with vehicular traffic and to easily accommodate access for the disabled and elderly. Pedestrian paths shall be clearly delineated with pavement materials and/or markings and signage, and shall be located to create the shortest possible, safe path between parking lots and passenger loading areas to the primary entrance.

• D. Dimensional standards. The following dimensional standards apply: Table 1. Dimensional Standards Residential Use MHSH

             Minimum Lot area (in square feet)                       n/a     n/a
             Minimum Frontage and Lot width (in feet)                n/a     n/a
             Minimum front yard (in feet)          25 ft 25 ft       25 ft
             Minimum side yard (in feet)                             10 ft   10 ft
             Minimum rear yard (in feet)                             25 ft   50 ft
             Maximum Lot coverage                                    25%     25%
             Maximum Impervious surface                              n/a     90%
             Maximum floor area ratio                                n/a     n/a

• Maximum Height 4 stories 75 ft Minimum Parking 2 per dwelling unit 1 space per 250 sq. ft.

             Building size (maximum)                                 n/a     98,000 sq. ft.

• E. General Provisions. The development of the property shall conform to the following limitations and conditions:

• • 1. More than one building may be allowed on a lot. Building separation shall comply with all applicable building and fire codes.

• • 2. More than one use may be allowed in a building.

• • 3. Individual parcels within the property may be subdivided with 0' interior building setbacks as long as required access and parking requirements are met.

• • 4. All roadways, drives, and parking areas on the Property must be privately-owned and maintained by the property owner.

• • 5. The following provisions of Zoning Ordinance Section 5.7.1 shall not apply to the development of the subject property: Sections 5.7.1.B, C, D, E, F, G, H, I J, K, M, T, R, U, and V 6. Section 5.5 shall not apply (provided that the separation between the buildings must meet all applicable building and fire codes).

• • 7. Section 5.3.1(A)(3) shall not apply.

• • 8. Section 5.3.3(C) shall not apply.

• • 9. The Property may have up to three egress points which may be for entrance and/or exit. Any off-site traffic improvements on local or public Town roadways deemed necessary by the Planning Board shall be consistent with final proposed plans by the Rhode Island Department of Transportation (RIDOT). Written RIDOT approval shall be required at final plan, with the full permit due prior to the issuance of a building permit.

• • 10. The property owners must obtain a revised final plan approval for a major land development before the Planning Board, which shall include a public hearing, consistent with state law, prior to recording and the issuance of a building permit.

• • 11. The property owners shall submit an updated full traffic study to the Planning Board for consideration at the revised final plan stage of review.

• • 12. The property owners shall construct any improvements to the intersection of Rt. 44 and Esmond Street in compliance with RIDOT approval and the physical alteration permit issued for the development.

• • 13. The property owners must submit their required RIDEM approvals with the revised final plan submission.

• • 14. Should blasting be required, a blasting plan, which is to include a pre-blast survey of abutting properties and appropriate bonding, must be approved in advance of any blasting by the Town Engineer and the State Fire Marshal.

• F. Landscaping. The following landscaping provisions apply to development within this overlay district in lieu of any other provisions of the zoning ordinance related to landscaping:

• • 1. The Smithfield Environmental Affairs Officer (Town Engineer) shall review all landscape plans submitted pursuant to this section and provide TRC comments to the Planning Board at the time of the amended final plan.

• • 2. General screening.

• • • (a) Disturbed areas, buildings, and parking facilities immediately adjacent to existing residential uses shall be screened.

• • • (b) The development shall maintain at least a 50-foot screen between the development and Esmond Street.

• • • (c) Where screening is required, the Planning Board shall review to ensure that the screening is appropriate. Screening shall be evaluated by height, material quality and opaqueness. Required screening shall be at least 50% opaque throughout the year. Required screening shall be satisfied by one or some combination of:

• • • i. Decorative fence not less than 50% opaque behind a continuous landscaped area. ii. Masonry wall. iii. Hedge.

• • 3. Street Trees—In any residential component of the development, a minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced.

• • 4. Parking area interior landscaping—The corners of parking lots, “islands” and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. In large parking lots containing more than 100 spaces, an additional landscaped area of at least 360 square feet shall be provided for each 25 spaces or fraction thereof, containing at least one canopy tree. The remainder shall be covered with turf grass, native grasses or other perennial flowering plants, vines, or shrubs.

• • 5. Reuse areas. All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened by wood or fence enclosures or by brick walls, with a minimum height of six feet and shall extend on three sides of such an area, with a gate or door on the fourth side. Such a brick wall, if used, shall be capped at the top. A landscaped planting strip a minimum of three feet in width shall be planted on three sides of such area if such area is visible from abutting property or streets.

• • 6. Retaining walls, masonry walls, and ornamental walls shall not be subject to the setback requirements of the Zoning Ordinance.

• • 7. Landscaping and landscape amenities shall be installed as buildings, roadways and parking lots are built.

• G. Buffers. The buffers set forth in this ordinance and as defined by RIGL Section 2-1- 20, as amended, shall apply in lieu of the buffers set forth in Zoning Ordinance Section 5.3.4.

• H. Unless specifically modified or addressed by this Ordinance, all applicable Town ordinances and the Town Subdivision Regulations shall apply to the subject property and the subject development plan.

9.4 ECONOMIC GROWTH OVERLAY DISTRICT 9.4.1 Purpose. The Town of Smithfield has a Planned Corporate District that was established to provide an area for planned employment uses, including planned office, as well as research and development parks, light industrial development, corporate headquarters, hotel/conference facilities, and related accessories. In addition to the uses listed above, a successful growth area should also have diversity that caters to small businesses, ancillary services, and housing targeted to young professionals. In order to provide for an area of this type of development, an Economic Growth Overlay District (EGOD) has been created. The purpose of the EGOD is to provide an area for economic development in the Town of Smithfield that is based on providing a growth center that is in harmony with the Planned Corporate District. The area is generally characterized by:

• Compact development at a density to sustain a variety of uses;
• Mixed use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units or office space above nonresidential space;
• Development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and
• Facilitation of strong community interaction.

The district encompasses those properties located around the intersection of Douglas Pike (Route 7) and George Washington Highway (Route 116) west of Route 295 as shown in Figure 1. The EGOD allows expanded land uses and intensity of land uses that will assist in fostering the development of a mixed use growth center that will service the larger Planned Corporate District. 9.4.2 Intent. The EGOD is intended to provide for a diversity of compatible land uses and development densities. A parcel may include a mixture of residential, office, retail, recreational, open space, and other uses as described below. The ultimate goal to be achieved in establishing the EGOD is fostering an environment that not only realizes development of the Planned Corporate District, but also realistic development of those properties at the intersection of Routes 7 and 116. This will be accomplished according to the following prescribed review and approval procedures, according to design standards particular to the EGOD, and consistent with the Planned Corporate District. The intent of the EGOD is to encourage:

• Compact development.
• Traditional village center scale and context.
• Expanded land usage that fosters an environment for corporate and mixed use development.
• More intensive, self-contained development that includes mixtures of commercial, industrial and residential uses.
• Development is multi-modal- pedestrian, bicycle, and vehicular.
• Diverse housing opportunities and choices: Residential uses within the core of the growth center can include upper-level flats or free-standing apartment buildings.
• Transportation choice: Current RIPTA bus lines traverse the site, and there is room for bike lanes or an off-road bike path along each corridor.
• Design for sense of place: By enhancing the presence of new buildings on both sides of Routes 7 and 116, the development concept (opposite page) creates a sense of arrival.
• Consistency with the Town of Smithfield's Comprehensive Community Plan.

A key part of a more compact, efficient growth pattern is fostering a mix of uses that take advantage of adjacencies and the ability to share structures, parking lots and open space areas. For example, buildings with ground-floor commercial and upper-floor office and residential space provide a higher level of use on a given footprint, increasing revenue and reducing shared costs for construction, heating/cooling and maintenance. This development pattern would be combined with a loose grid of new streets which divides the center into a series of blocks, with buildings along the street edge and parking lots hidden behind them. Streets would be designed to encourage walking, with on-street parking, wide sidewalks, plentiful shade trees, outdoor cafes and paths that cut through the blocks to reveal courtyard parks. 9.4.3 Conformity to Comprehensive Plan. All development within the Economic Growth Overlay shall conform to the policies as set forth in the Comprehensive Community Plan. In order to demonstrate such conformity, the applicant shall be required to submit a description of the proposed development and existing and/or approved developments in the surrounding area to the Planning Board. This description shall be a statement in text, maps, illustrations, or other media of communication that is designed to provide a basis for rational decision making regarding the long-term physical development of the EGOD and its impact on the community. The submittal shall include all items identified in sections 9.4.5 and 9.4.6. 9.4.4 Applicability. Provisions of this section shall apply only to the parcels located within the EGOD as shown on Figure 1. Any permitted use in the underlying zone is permitted in the EGOD. Uses permitted by Special Use Permit are allowed if granted by the Zoning Board of Review as provided herein. All projects proposed within the EGOD are subject to the design standards and provisions of the following sections: 9.4.9 Architectural Standards; 9.4.10 Schematic Building Elevations; 9.4.11 Dimensional and Density Standards; 9.4.13 Circulation Standards; 9.4.14 Parking Requirements, Standards, and Design, 9.4.15 Outdoor Lighting; 9.4.16 Landscaping and Screening Standards, and 9.4.17 Signs. 145 Town of Smithfield Article 9 – Special Districts Zoning Ordinance However, an application submitted for a project based solely on the underlying zoning shall be subject to the review and submission requirements of the Smithfield Land Development and Subdivision Regulations, Section III. Procedure for Submission of Plans and Plats for Land Development Projects and Subdivisions and the normal zoning review procedures of Article 10 herein and shall be exempt from the EGOD Design Standards listed in 9.4.4 above. Applications submitted for industrial, light industrial and other uses based solely on the underlying zoning shall be subject to design standards in 9.4.9 H. However, the EGOD dimensional standards found in 9.4.11 -Table 4, shall be applicable to all such applications, except that the minimum building set back requirements of Section 5.4 Table 1 shall apply where structures abut residential zones. The provisions of the Code of Ordinance Chapter 231, "Landscaping Requirements" shall not apply to projects submitted under 9.4. 9.4.5 Procedure for approval. For new uses on undeveloped land, development proposed within the EGOD shall be reviewed and approved by the Planning Board as a Major Land Development Project (MLDP) and as further provided herein. In order to expedite the review and approval of MLDPs within the District, the Planning Board may combine the stages of review as provided in the Land Development and Subdivision Review Regulations. It is anticipated that developments of certain magnitude (types and intensity of land uses) will be as a matter of right (established pad ready sites) but will also, to the extent possible, receive expedited review. Existing conforming uses seeking approval for expansion of the existing gross floor area, or change to another permitted use code category may be reviewed as new uses. Existing nonconforming uses within the District shall be continued as provided in Article 3 herein.

9.5 DAVIS LIQUID WASTE SUPERFUND SITE - GROUNDWATER PROTECTION OVERLAY

DISTRICT

9.5.1 Legislative Intent. A Groundwater Protection Overlay District (hereinafter "groundwater overlay district") is hereby established in order to protect public health and safety by prohibiting the use of groundwater for irrigation or potable purposes as herein defined in an area including and proximate to the Davis Liquid Waste Superfund Site at 167 Tarkiln Road and encompassing the contaminated groundwater underlying that property. The groundwater overlay district is superimposed on current zoning districts. Applicable activities/ uses allowed in a portion of one of the underlying zoning districts which fall within the groundwater overlay district must additionally comply with the requirements of this district. Uses permitted in the underlying zoning districts in conflict with this ordinance shall not be permitted in the groundwater overlay district. 9.5.2 Prohibition of Use of Groundwater for Irrigation or Potable Purposes.

1. In connection with the remediation of the Davis Liquid Waste Superfund Site located at 167 Tarkiln Road, the use of groundwater for irrigation or potable purposes under certain real property located in the groundwater overlay district as herein defined is hereby prohibited. For the purposes of this ordinance, "potable purposes" is defined to mean use for drinking water, cooking, or other activities involving direct human contact (such as use in swimming pools).
2. The real property in the groundwater overlay district is set forth on the list attached hereto as Exhibit A and incorporated herein. A map showing the real property that is included in the groundwater overlay district is attached hereto as Exhibit B and incorporated herein, and a copy of the map shall be maintained in the Office of the Building Official. Only that real property within the groundwater overlay district as shown on Exhibit B is subject to this ordinance. Exhibit A and Exhibit B shall include any new lot created as a result of any legal subdivision or any combining, consolidating of land ("lot consolidation") within the groundwater overlay district.
3. The placement and use of a well for irrigation or potable purposes on the real property subject to this ordinance is hereby prohibited.
4. The three exceptions to the prohibition on wells in the groundwater overlay district are those that are currently in use at the following locations: 432 Log Road (Assessor's Plat 50, Lot 27E), 520 Log Road (Assessor's Plat 50, Lot 31), and 524 Log Road (Assessor's Plat 50, Lot 30). This exemption is only valid if the owner of the said property allows access to EPA and RIDEM to any well located on said property for the purposes of sampling the water supply. If at any point the sampling and analysis results for any of the said three wells detect contaminants identified with the groundwater being remediated that exceed drinking water standards, site specific groundwater cleanup levels, or other human health risk based standards, the well(s) that exceed said standard(s) will become subject to the terms of the groundwater overlay district, will be capped and an alternative source of drinking water will be provided to the property owners by the Settling Defendants in U.S. vs. Ashland, Case 1:11-cv-00558-M-DLM.

9.5.3 Enforcement. The Town Engineer and Building Official are authorized to issue notices of violation relating to this Section. Enforcement of the provisions of this Section shall be in accordance with Section 10.6 of the Zoning Ordinance. The Town Engineer shall also provide to the Project Manager of the Davis Liquid Waste Superfund Site at the Rhode Island Department of Environmental Management, the Project Manager of the Davis Liquid Waste Superfund Site at the Environmental Protection Agency and the Director of the Rhode Island Department of Health a copy of any and all notices at the time that they are issued for any violations of this ordinance. 9.5.4 Exemptions. The prohibitions imposed herein on the groundwater overlay district shall not apply to the use of groundwater from any monitoring well installed in connection with the investigation or remediation of the Davis Liquid Waste Superfund Site or by any federal, state or local governmental authority.

ARTICLE 10 - ADMINISTRATION, ENFORCEMENT AND RELIEF

10.1 ZONING OFFICIAL - DUTIES

• A. Designation

  A Zoning Official, hereinafter referred to as the Official, shall be designated by the Town Manager to administer and enforce this Ordinance. He/she may be provided with the assistance of such other persons as the Town Manager may direct.

• B. Duties
  1. It shall be the duty of the Official to interpret and enforce the provisions of this Ordinance in the manner and form and with the powers provided in the laws of the State and in the Charter and Ordinances of the Town.
  2. The Official shall refer all Applications for Variances, Special Use Permits and other Appeals to the Zoning Board of Review, and shall grant or deny Applications for Modifications, as set forth in §10.3.
  3. In order to provide guidance or clarification, the Official shall, upon written request, issue a Zoning Certificate or provide information to the requesting party within fifteen (15) days of the written request. Any determination of the Official may be appealed to the Board in accordance with §10.10 of this Ordinance.
  4. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may convey to the Official a complaint, which shall be in writing, stating fully the causes and basis thereof. The Official shall properly record such complaint, immediately investigate and take appropriate action thereon as provided by the Ordinance. All complaintants shall be promptly notified by the Official as to the disposition of their complaint. The Official shall make a determination in writing, within fifteen (15) days, to any written complaint received, regarding a violation of this Ordinance. Any determination of the Official may be appealed to the Board in accordance with §10.10 of this Ordinance.
  5. If the Official shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violation, indicate the nature of the violation and order the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance or by State Law or by policies or procedures adopted by Town Council to ensure compliance with or to prevent violation of their provisions.

10.2 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

1. Building Permits Required

   No building or other structure shall be erected, moved, added to, altered or structurally altered, nor shall any excavation or filling commence without a permit issued by the Building Official. No Building Permit shall be issued except in conformity with the provisions of this Ordinance, unless the Building Official receives a written order from the Board in the form of an Administrative Appeal, Special Use Permit or Variance as provided by this Ordinance.

2. Application for Building Permit

   All Applications for Building Permits shall be submitted on such forms and accompanied by such plans and supporting documentation as may be from time to time required by the Town. The Application shall include such other information as lawfully may be required by the Building Official, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the buildings designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.

3. Retention of Plans

   One (1) copy of the plans shall be returned to the applicant by the Building Official after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original, similarly marked, shall be retained by the Building Official as a Town record.

4. Relation To Other Codes, Regulations and Ordinances

   The issuance of a Building Permit shall, in no way, relieve the applicant of the responsibilities of obtaining such permits or approvals as may be required under the provisions of other codes, regulations and ordinances, whether Federal, State or Town, relating to the use, erection, alteration or modification of a building or structure or to the use of subdivision of land.

5. Soil Erosion and Sediment Control

   No Building Permit may be issued until such time as the applicant has complied with all applicable provisions of the Smithfield Soil Erosion and Sediment Control 169 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance Ordinance, has posted all necessary performance bonds and is otherwise in compliance with all other applicable Town and State requirements.

6. Certificate of Occupancy

   A Certificate of Occupancy as required by the Rhode Island Building Code shall be required for any of the following:

   1. Occupancy and use of a building hereafter erected or enlarged;
   2. Change in use of an existing building to a different use;
   3. Intensification of an existing use of either a building or land;
   4. Occupancy and use of vacant land except for the raising of crops;
   5. Change in the use of land to different use except for the raising of crops; or
   6. Any change in use of a nonconforming use.

   The occupancy, use or change of use shall not take place until a Certificate of Occupancy has been issued by the Building Official in accordance with the requirements for the issuance of a Certificate of Occupancy as stated in the Rhode Island Building Code.

7. Expiration of Building Permit

   If the work described in any Building Permit has not begun within six (6) months from the date of issuance thereof, said Permit shall expire, it shall be canceled by the Building Official and written notice thereof shall be given to the persons affected.

8. Construction and Use To Be As Provided in Applications, Plans and Permits

   Building Permits issued on the basis of plans and Applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and Applications, and no other use, arrangement, or construction. A use, arrangement, or construction that differs with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by §10.6 hereof.

10.3 MODIFICATIONS GRANTED BY THE OFFICIAL

10.3 MODIFICATIONS GRANTED BY THE OFFICIAL

The Official is hereby empowered to hear and grant Modifications. Submission requirements for Applications for such Modifications shall be the same as those for a Dimensional Variance Application, provided that references to the Zoning Board shall refer to the Official.

1. A Modification may be requested for adjustments or deviations not exceeding 25% of the literal dimensional requirements of this ordinance. This does not permit the moving of lot lines.
2. Within ten (10) days of receipt of a request for a Modification, the Official shall make a decision as to the suitability of the requested Modification based on the following determinations:
   1. The Modification requested is reasonably necessary for the full enjoyment of the permitted use;
   2. If the Modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
   3. The Modification requested does not violate any rules or regulations with respect to a freshwater or coastal wetland; and
   4. The Modification requested does not require a Variance of a flood hazard requirement.
3. Upon an affirmative determination on the Modification, in the case of a modification of five percent (5%) or less, the Official shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the Official 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 town that the Modification will be granted unless written objection is received within fourteen (14) days of the public notice, and inviting the public to inspect the plans and Application during normal working hours. If any 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 on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided in Section 10.8.B .
4. If no written objections are received within fourteen (14) days, the Official shall grant the Modification. The Official may apply such special conditions to the Permit as may, in the opinion of the Official, be required to conform to the intent and purposes of the Zoning Ordinance. The Official shall keep public records of all requests for Modifications, and of findings, determinations, special conditions, and any objections received. If the Official grants the Modification, the written decision thereof shall be recorded in the Land Evidence Records of the Town.
5. Cost of any notice required under this section shall be borne by the applicant requesting the modification.

10.4 SCHEDULE OF FEES, CHARGES AND EXPENSES

1. The Town Council shall establish a schedule of fees, charges and expenses and a collection procedure for Building Permits, Appeals, Applications and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Official and may be altered or amended only by the Town Council.
2. Until all applicable fees, charges and expenses have been paid in full, and until all real estate and tangible taxes owned by the applicant and owner to the Town of Smithfield are current, no action shall be taken on any Application or Appeal.

10.5 MINIMUM REQUIREMENTS AND CONFLICTS OF LAW

1. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.
2. All departments, officials and public employees of the Town which are vested with the duty or authority to issue Permits or Licenses shall conform to the provisions of this Ordinance and shall issue no Permit or License for any use, building or purpose if the same would be in conflict with the provisions of this Ordinance. 171 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance Any Permit or License, issued in conflict with the provisions of this Ordinance, shall be null and void.

10.6 PENALTIES AND ENFORCEMENT

1. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained, contrary to any of the provisions of this Ordinance is hereby declared to be a violation of this Ordinance and unlawful. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this Ordinance may be fined by the Official for each offense, such fine to inure to the Town. For a minor violation of this Ordinance, including the violation of a Dimensional Regulation, the fine shall be one hundred dollars ($100.00) per offense. For a major violation of this Ordinance, including the violation of a Use Regulation, the fine shall be five hundred dollars ($500.00) per offense. For a violation of this Ordinance involving a sign, the fine shall be two hundred and fifty dollars ($250.00) per offense. Each day of the existence of any violation shall be deemed a separate offense.
2. The Official shall be empowered to levy such fines, and to enforce such fines by bringing an action in the Rhode Island District Court, in conjunction with the Police Prosecution Officer and/or the Town Solicitor. Any such fine from the official may be appealed by the violator to the Zoning Board.
3. The Town Solicitor shall also be empowered to institute injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation, or compel compliance with the provisions of this Ordinance. The Town Solicitor may consolidate an action for injunctive relief and/or fines under this Ordinance in any court having jurisdiction. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

10.7 ZONING BOARD OF REVIEW

A. Establishment and Procedures

A Zoning Board of Review, herein called the Board, is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the Town Council. The Board, with the approval of the Town Council may engage technical assistance to aid in the discharge of its duties. The Town Solicitor or Assistant Town Solicitor shall serve as legal counsel to the Board. The Board shall establish written rules of procedure within six (6) months of the adoption of this Ordinance. Appeals and correspondence to the Board shall be sent to the Board in care of the Official. The Official shall file all records and decisions of the Board.

B. Membership

The Zoning Board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The Board shall also include two (2) alternates, to be appointed by each year by the Town Council, to be designated as the first (1st) and second (2nd) alternate members, for terms of one (1) year. These 172 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance alternate members shall sit and may actively participate in hearings. The first (1st) alternate shall vote if a member of the Board is unable to serve at a hearing and the second (2nd) shall vote if two (2) members of the Board are unable to serve at a hearing. In the absence of the first (1st) alternate member, the second (2nd) alternate member shall serve in the position of the first (1st) alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.

C. Qualifications of Members

All members of the Board shall be residents of the Town and no member shall be an elected official or salaried or otherwise paid employee of the Town. Appointees shall be reasonably expected to serve the full term.

D. Vacancies

If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the unexpired term. The following shall constitute termination of membership.

1. Voluntary resignation
2. Non-reappointment
3. Failure to maintain qualifications of membership
4. Removal

E. Removal

Members of the Board may be removed from office for cause by a majority vote of the Town Council upon written charges and after a public hearing.

F. Prior Members

Members of the Board serving on the effective date of adoption of this Ordinance shall be exempt from provisions of this Article respecting terms of originally appointed members until the expiration of their current terms.

G. Organization

Once a year, during the month of June, the Board shall organize by electing from its membership a Chair (hereinafter Chair) and Vice-Chairperson (hereinafter Vice-Chair). The Board may engage the services of a clerk and a stenographer within the limits of the funds available to it or may appoint one of its members as Secretary.

H. Procedures of the Board

1. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chair and at such times as the Board may determine.
2. The Board shall prepare a schedule of its regular meetings, on a calendar year basis, and have such schedule published in January of each year in a 173 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance newspaper of general circulation in the Town. Special meetings of the Board may be called and public notice given when necessary at the discretion of the Chair. In addition, the Board shall post a copy of the Agenda for any scheduled regular or special meeting in the Town Hall and at any other location(s) deemed proper at least ten (10) days prior to said meeting.
3. The Chair, or in his or her absence the Vice-Chair or other replacement, may administer oaths and compel the attendance of witnesses.

I. Powers and Duties

The Board shall have the following powers and duties:

1. To hear and decide Appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement of interpretation of this Ordinance.
2. To hear and decide Appeals from a party aggrieved by a decision of an Historic District Commission, when and if historic district zoning is established in the Town.
3. To authorize upon Application, in specific cases of hardship, Variances in the application of the terms of this Ordinance.
4. To authorize upon application, where specified in this Ordinance, Special Use Permits.
5. To refer matters to the Planning Board, Planning Department, Town Engineer, or to other boards or agencies of the Town as the Board may deem appropriate, for findings and recommendations.
6. To provide for issuance of conditional zoning approvals where a proposed Application would otherwise be approved except that one (1) or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
7. To hear and decide such other matters, according to the terms of this Ordinance or other statutes, and upon which the Board may be authorized to pass under this Ordinance or other statutes.

J. Voting

The Board shall be required to vote as follows:

1. Four (4) active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue.
2. The concurring vote of a majority of members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision or 174 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance determination of the Planning Board or any zoning administrative officer from whom an Appeal was taken.
3. The concurring vote of a majority of members of the Board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Board upon which it is required to pass under this Ordinance, including Variances and Special Use Permits.

K. Application Procedure

10.8 VARIANCES AND SPECIAL USE PERMITS

A. Application

An Application for relief from the literal requirements of a Zoning Ordinance because of hardship or an Application for a Special Use Permit may be made by any person, group, agency or corporation, provided that the owner or owners of 175 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance the subject property must join in any Application, by filing with the Official an Application describing the request and supported by such data and evidence as may be required by the Board. An Application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The Official shall immediately transmit such Application received to the Board and shall transmit a copy of each Application to the Planning Board.

B. Hearing and Notice

The Board shall hold a public hearing on any Application for Variance or Special Use Permit in an expeditious manner, after receipt, in proper form, of an Application, and shall give public notice thereof at least fourteen (14) days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought, as follows:

1. In a newspaper of general circulation in the Town, and,
2. By Certified Mail, Return Receipt Required, to:
   1. all owners of the subject property in question; and,
   2. all property owners of record of land within two hundred (200) feet of the property, which is the subject of the Application, whether within the Town or within an adjacent City or Town; and,
   3. the City or Town Council of any City or Town to which one or more of the following pertain:
      1. Which is located in or within not less than two hundred feet of the boundary of the subject property; or
      2. Where 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, within two thousand (2,000) feet of the subject property, regardless of municipal boundaries; and,
   4. the governing body of any state or municipal water department or agency, special water district, or private water company 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 subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Official a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

C. Standards for Relief

1. Variance

   In granting a Variance, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings: 176 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance

   1. that the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and not due to a physical or economic disability of the applicant.
   2. that said hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain.
   3. that the granting of the requested Variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this Zoning Ordinance or the Comprehensive Plan of the Town.
   4. that the relief to be granted is the least relief necessary.
   5. The Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
      1. in granting a Use Variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a Use Variance; and
      2. in granting a Dimensional Variance, that the hardship that will be suffered by the owner of the subject property if the Dimensional Variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
2. Special Use Permit

   In granting a Special Use Permit, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

   1. that the Special Use is specifically authorized by this Ordinance, and setting forth the exact subsection of this Ordinance containing the jurisdictional authorization;
   2. that the Special Use meets all of the criteria set forth in the subsection of this Ordinance authorizing such Special Use; and
   3. that the granting of the Special Use Permit will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance or the Comprehensive Plan of the Town. In so doing, the Board shall consider, where applicable, the following: 177 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance
      1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
      2. Off-street parking and loading areas where required, with particular attention to the items set out in subsection (1) hereof.
      3. Required yards and other open spaces.
      4. Refuse and service areas, with particular reference to the items set out in Subsections (1) and (2) hereof.
      5. Utilities with reference to location, availability, and compatibility.
      6. Screening and buffering with reference to type, dimensions, and character.
      7. Signs, if any, and proposed exterior lighting with reference to glare and traffic safety.
      8. General compatibility, the pertinent traffic, economic, noise, glare or odor effects of the Special Use Permit on adjoining properties and properties generally in the district.
      9. Protection of sensitive features.
      10. The use will not result in or create conditions that will exceed the Performance Standards in §6.3.
      11. After the date at which the Town Council adopts a schedule of impact fees, said fees shall be paid before a Building

10.9 TECHNICAL REVIEW All uses which require a Special Use Permit shall also require Technical Review by the Town Engineer, as set forth below. All uses permitted in non-residential zones shall require a review and approval by an Administrative Review Team appointed by the Town Manager, as set forth below.

A. Procedure

1. A Site Plan must be submitted and reviewed in accordance with this Section for all uses requiring a Special Use Permit. A Site Plan must be submitted and approved in accordance with this Section prior to the issuance of a Building Permit for all uses permitted in non-residential zones.
2. Five (5) copies of the Site Plan shall be submitted to the Town Engineer or the Administrative Review Team, as appropriate. Within thirty (30) days of the filing of the Plan, the Town Engineer shall render an advisory opinion to the Board concerning any Special Use Permit requested. The Administrative Review Team shall approve or disapprove any Site Plan to be reviewed by it within thirty (30) days of the filing of the Plan, otherwise the Plan will be deemed to be disapproved.
3. The Town Engineer or Administrative Review Team shall review the Site Plan in order to determine if the Plan complies with this Ordinance. The Town Engineer shall report in writing to the Board as to whether the Plan complies, and if not, what parts of the Plan do not comply. The Administrative Review Team shall state its reasons in writing should it disapprove a Plan hereunder and this decision shall be appealable to the Board in accordance with §10.10(A), hereof.
4. If a use shown on an approved Site Plan is to be changed or expanded, a revised Site Plan shall be submitted for approval in the same manner as the original submittal.

B. Contents

1. Said Site Plan, which may comprise multiple sheets, shall be prepared by a registered Professional Land Surveyor, Professional Engineer, and/or Professional Architect as appropriate to the content of the specific sheet of the Site Plan and shall show each of the following for the entire site, whether or not development is to be phased, unless an item or items are waived in writing by the Town Engineer or Administrative Review Team, as applicable.
2. For all Site Plans:
   1. Location map at six hundred (600) feet per inch.
   2. The name of the owner or owners of property shown.
   3. Perimeter survey of lot, indicating location of all easements, rights-of-way, property boundaries, dimensions, lot area and zoning district boundaries, existing and proposed; survey shall be certified as to Class and stamped by a Professional Land Surveyor.
   4. Topographic Plan indicating existing and proposed contours at intervals not greater than five (5) feet; Plan shall be certified as to Class (as adopted by the Rhode Island Board of Registration for Professional Land Surveyors) and stamped by a Professional Land Surveyor.
   5. Elevations and perspective drawings which thoroughly illustrate and define the features of the entire project; shall be stamped by a Professional Land Surveyor, Professional Engineer, or Registered Architect as appropriate.
   6. All other data required to make a determination of compliance with off-street parking and loading requirements.
3. In the case of condominiums, cooperatives or similar forms of ownership for any real estate, in addition to all other requirements for a Site Plan, a true copy of the Condominium Declaration or Articles of Incorporation, and the bylaws of the Owner's Association shall be submitted.
4. Where required by the Town Engineer or Administrative Review Team, photographs eight (8) inches by ten (10) inches and/or slides in sufficient quality and detail to indicate the environmental features of the site, including, but not limited to topography views of the water, if any, adjacent or nearby open space and adjacent structures and/or uses of land.
5. Where required by the Town Engineer or Administrative Review Team, schematic design plans which accurately locate all existing and proposed buildings and structures, parking areas, driveways, driveway openings, service areas, usable open space, landscaped areas and the proposed treatment thereof (including fences, walls, planting areas and walks), all facilities for storm drainage, sewerage, refuse, other waste disposal, and other utility systems, and which define all materials, finishes, structural and mechanical systems, and floor areas (including the proposed uses thereof.)
6. In the case of two (2) or more residential buildings on a site in one ownership, assumed lot lines for each building shall be indicated on the Site Plan submitted with the Application showing that all required dimensional and parking regulations would be met if each building were in separate ownership.

C. Guidelines

1. In approving any Application for a Site Plan, the Town Engineer, or Administrative Review Team shall use the following criteria:
   1. The protection of visual corridors to the water bodies.
   2. The use of landscaping to establish buffers between incompatible land uses.
   3. The provision of open spaces and pedestrian amenities available to the public.
   4. The arrangement of access points, service roads, driveways, parking areas, and pedestrian walkways in a manner which facilitates interior circulation and minimizes conflict between vehicles and pedestrians.
   5. Provisions for underground placement of utilities.
   6. Provisions for surface run-off and the protection of the site and adjacent properties from erosion as a result thereof.
   7. The siting of buildings, structures, and open spaces to permit maximum use of passive solar energy and to permit maximum protection of pedestrian areas from adverse impacts of winds, vapors or other emissions, shadows and or noise.
   8. Provisions for maintenance of common areas.
   9. All construction and development in the Village, Commercial, Highway Commercial, Light Industrial, Industrial, Planned Corporate, and Planned Development districts, as well as multi-family uses, shall comply with those terms and specifications of the Smithfield Land Development and Subdivision Review Regulations which relate to street construction, drainage, sewer lines, water lines, and performance bonds.

10.10 APPEALS TO THE ZONING BOARD

1. Procedure

   An Appeal to the Board from a decision of any zoning enforcement agency or officer, or from the Planning Board, or from any other officer, agency or board of the Town for which the Zoning Board is designated as the Appeal Board, may be taken by an aggrieved party. Such Appeal shall be taken within thirty (30) days of the date of the rendering of the decision of the officer or agency. The Appeal shall be commenced by filing an Application with the Board, with a copy to the officer or agency from whom the Appeal is taken, specifying the ground thereof. The officer or agency from whom the Appeal is taken shall forthwith transmit to the Board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the Appeal shall also be transmitted to the Planning Board.

2. Stay of Proceedings

   181 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance An Appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the Appeal is taken certifies to the Board, after the Appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the Appeal is taken on due cause shown.

3. Public Hearing

   The Board shall fix a reasonable time for the hearing of the Appeal, give public notice thereof in the same manner as set forth in §10.8B of this Ordinance, as well as due notice to the parties of interest, and decide the same within 20 days of the hearing. The hearing of any Appeals shall be at a separate meeting from the hearing of any Variance or Special Use Permit Applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the Appeal is taken shall appear before the Zoning Board at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.

4. Decisions and Records of the Board

   In exercising its powers in ruling, the Board may, in conformity with the provisions of this Ordinance, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the Appeal was taken. All decisions and records of the Board respecting Appeals shall conform to the provisions of §10.7L of this Ordinance.

10.11 EXPIRATION OF VARIANCES AND SPECIAL USE PERMITS

1. Any Variance or Special Use Permit shall expire one year after the date of the filing of the resolution with the Town Clerk unless the applicant shall, within one year, obtain a legal Building Permit and proceed with the construction; or obtain a Certificate of Occupancy when no legal Building Permit is required. The Board may, upon written request and for cause shown prior to the expiration of the initial one year period, renew the Variance or Special Use Permit for a second one year period. Said request for an extension need not be advertised nor noticed.
2. Should an applicant fail to begin construction with a legal Building Permit, or obtain a Certificate of Occupancy within the second one year period, the Board may upon written request prior to the expiration of the second one year period, renew the Variance or Special Use Permit for a third one year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the Variance or Special Use Permit since the date of the filing of the resolution, and notice shall be given in accordance with §10.8B and a hearing shall be held on the request.
3. None of the year periods shall run during the pendency of any court actions seeking to overturn the grant.

182 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance

10.12 REPETITIVE PETITIONS Where the Board denies a request for a Special Use Permit or Variance or otherwise rules against the applicant on other than procedural grounds, the Board may not consider another Application requesting any or all of the same changes for a period of one (1) year from the date of such denial or withdrawal except:

1. Where ordered to do so by a court of competent jurisdiction, or
2. Where the Application is accompanied by an affidavit setting forth facts, to the satisfaction of said Board, showing a substantial change of circumstances justifying a rehearing.

10.13 APPEALS TO SUPERIOR COURT An aggrieved party may appeal a decision of the Board to the Superior Court for Providence County by filing a complaint setting forth the reasons of appeal within twenty (20) days after such decision has been filed and posted with the Town Clerk. The decision shall be posted in a location visible to the public in the Town Hall for a period of twenty (20) days following the recording of the decision. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the Court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Board shall be made parties to such proceedings. The Appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the Appeal.

Town of Smithfield Article 11 – Adoption and Amendment Zoning Ordinance

ARTICLE 11 - ADOPTION AND AMENDMENT 11.1 ADOPTION, AMENDMENT & ADMINISTRATION OF ZONING ORDINANCE

A. Procedure

All applications to amend the Zoning Ordinance Text or Map(s), except those submitted by the Planning Board, must be sponsored by a Town Council member who shall introduce the proposed Ordinance Amendment for consideration by the Town Council in accordance with Section 2.13 of the Home Rule Charter. Applications without the required sponsor shall not be accepted by the Official. Other than for proposals originated by the Town Council, the Official shall be the officer to receive a proposal for adoption, amendment, or repeal of a Zoning Ordinance or Zoning Map(s). Immediately upon receipt of such proposal, the Official shall refer such proposal to the Town Council, the Municipal Planner, the Town Engineer and the Planning Board for study and recommendation. If the proposal originates with the Town Council, the Town Council shall refer such proposal to such entities. The Municipal Planner, the Town Engineer and the Planning Board shall report to the Town Council within forty-five (45) days after receipt of the proposal, each giving its findings and recommendations. The Town Council shall hold a public hearing within sixty-five (65) days of receipt of proposal, after receiving the aforementioned recommendations, giving proper notice as prescribed in this Article. The Town Council shall render a decision on any such proposal within forty- five (45) days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

B. Review by Planning Board

Among its findings and recommendations to the amendment or repeal of this Ordinance or Zoning Map, the Planning Board shall:

1. include a statement on the general consistency of the proposal with the Comprehensive Plan of the Town, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and
2. include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in §1.1 of this Ordinance.

C. Notice and Hearing Requirements

1. No Zoning Ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed Ordinance. Written notice, which may be a copy of said newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two (2) weeks prior to the hearing. Such newspaper notice shall be published as a display 184 Town of Smithfield Article 11 – Adoption and Amendment Zoning Ordinance advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
   1. specify the place of said hearing and the date and time of its commencement;
   2. indicate that adoption, amendment or repeal of a Zoning Ordinance is under consideration;
   3. contain a statement of the proposed amendments to the Ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;
   4. advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
   5. state that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.
2. Where a proposed general amendment to an existing Zoning Ordinance includes changes in an existing Zoning Map, public notice shall be given as required by Subsection (1) of this section.
3. Where a proposed amendment to an existing Ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in Subsection (1) of this section, with the additional requirements that:
   1. notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and Town boundaries where appropriate; and
   2. written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within two hundred (200) feet of the perimeter of the area proposed for change, whether within the Town or within an adjacent city of town in which the property is located.
4. Notice of a public hearing shall be sent by first class mail to the City or Town Council of any City or Town to which one (1) or more of the following pertain:
   1. which is located within two hundred (200) feet of the boundary of the area proposed for change; or
   2. where 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, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
5. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company 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 any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state 185 Town of Smithfield Article 11 – Adoption and Amendment Zoning Ordinance or municipal water company has filed with the Zoning Official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.
6. No defect in the form of any notice under this section shall render any Ordinance or amendment invalid, unless such defect is found to be intentional or misleading.
7. Costs of any notice required under this section shall be borne by the applicant.

D. Conditions or Limitations

In granting a Zoning Ordinance amendment, the Town Council may limit the change to one (1) or more of the permitted uses in the zone to which the subject land is re-zoned, and impose such limitations, conditions and restrictions, including without limitation: 1. requ

11.1 ADOPTION, AMENDMENT & ADMINISTRATION OF ZONING ORDINANCE

• A. Procedure All applications to amend the Zoning Ordinance Text or Map(s), except those submitted by the Planning Board, must be sponsored by a Town Council member who shall introduce the proposed Ordinance Amendment for consideration by the Town Council in accordance with Section 2.13 of the Home Rule Charter. Applications without the required sponsor shall not be accepted by the Official. Other than for proposals originated by the Town Council, the Official shall be the officer to receive a proposal for adoption, amendment, or repeal of a Zoning Ordinance or Zoning Map(s). Immediately upon receipt of such proposal, the Official shall refer such proposal to the Town Council, the Municipal Planner, the Town Engineer and the Planning Board for study and recommendation. If the proposal originates with the Town Council, the Town Council shall refer such proposal to such entities. The Municipal Planner, the Town Engineer and the Planning Board shall report to the Town Council within forty-five (45) days after receipt of the proposal, each giving its findings and recommendations. The Town Council shall hold a public hearing within sixty-five (65) days of receipt of proposal, after receiving the aforementioned recommendations, giving proper notice as prescribed in this Article. The Town Council shall render a decision on any such proposal within fortyfive (45) days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

• B. Review by Planning Board Among its findings and recommendations to the amendment or repeal of this Ordinance or Zoning Map, the Planning Board shall:

• • 1. include a statement on the general consistency of the proposal with the Comprehensive Plan of the Town, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and 2. include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in §1.1 of this Ordinance.

• C. Notice and Hearing Requirements 1. No Zoning Ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed Ordinance. Written notice, which may be a copy of said newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two (2) weeks prior to the hearing. Such newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall: a) specify the place of said hearing and the date and time of its commencement; b) indicate that adoption, amendment or repeal of a Zoning Ordinance is under consideration; c) contain a statement of the proposed amendments to the Ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration; d) advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and e) state that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.

• • 2. Where a proposed general amendment to an existing Zoning Ordinance includes changes in an existing Zoning Map, public notice shall be given as required by Subsection (1) of this section.

• • 3. Where a proposed amendment to an existing Ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in Subsection (1) of this section, with the additional requirements that: a) notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and Town boundaries where appropriate; and b) written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within two hundred (200) feet of the perimeter of the area proposed for change, whether within the Town or within an adjacent city of town in which the property is located.

• • 4. Notice of a public hearing shall be sent by first class mail to the City or Town Council of any City or Town to which one (1) or more of the following pertain: a) which is located within two hundred (200) feet of the boundary of the area proposed for change; or b) where 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, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

• • 5. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company 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 any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water company has filed with the Zoning Official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

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

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

• D. Conditions or Limitations In granting a Zoning Ordinance amendment, the Town Council may limit the change to one (1) or more of the permitted uses in the zone to which the subject land is re-zoned, and impose such limitations, conditions and restrictions, including without limitation:

• • 1. requiring the petitioner to obtain a permit or approval from any and all Federal State or local governmental agencies having jurisdiction over the land and use which are subject to the zoning change;

• • 2. relating to the effectiveness or continued effectiveness of the zoning change; and/or 3. relating to the use of the land as it deems necessary. The Official and the Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the Zoning Map and recorded in the Land Evidence Records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the Zoning Map until the zone change has become effective. If the permitted use for which the land has been re-zoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the Town Council may, after a public hearing as herein before set forth, change the land to its original zoning use before such petition was filed. If any limitation, condition, or restriction in an Ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the Ordinance to be invalid.

• E. Maintenance of Zoning Ordinance 1. The Town Clerk shall be the custodian of this Zoning Ordinance and Zoning Map or Maps created thereunder. The Town Clerk and the Official shall be responsible for maintenance and update of the text and Zoning Map comprising this Ordinance. Changes which impact the Zoning Map shall be depicted on the Map within ninety (90) days of such authorized change(s).

• • 2. The Planning Board shall continually review the content of the Zoning Ordinance and Map to insure that it is and remains in consonance with the Comprehensive Community Plan of the Town of Smithfield, and that it properly reflects the flexibility and control required for the orderly growth of the Town.

• • 3. The Planning Board shall annually, not later than October 31st of each year, submit a report to the Town Council in writing, either endorsing the continuance of this Ordinance (as amended, if the case) or making specific change recommendations.

• • 4. At least once every five (5) year period commencing with the effective date of this Ordinance, the Planning Board shall undertake a thorough review of the entire Comprehensive Plan, Zoning Ordinance and Map. The purpose of this full review is to provide for a periodic update of the Plan, Ordinance, and Map, and the systematic incorporation of all amendments into a new publication of the current documents. A report on this complete review shall be submitted to the Town Council in writing, not later than the end of the five (5) year period, or within five (5) years of the date of the last such report by the Planning Board.

• F. Publication and Availability of Zoning Ordinance Printed copies of this Ordinance and Map(s) shall be available to the general public through the Town Clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs. Upon publication of this Ordinance and Map(s), and any Amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island and to the State Law Library.

11.2 APPEAL OF ENACTMENT OF OR AMENDMENT TO ZONING ORDINANCE An Appeal of the Enactment of or an Amendment to this Ordinance may be taken to the Superior Court for Providence County by filing a complaint within thirty (30) days after such Enactment, or Amendment has become effective. The complaint shall set forth with specificity the area or areas in which the Enactment or Amendment does not conform with the Comprehensive Plan and/or the manner in which it constitutes a taking of private property without just compensation. Such Appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town, or by any association of residents or landowners of the Town. This Appeal shall not stay the enforcement of the Zoning Ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the Appeal.

11.3 VESTED RIGHTS

1. Completeness of Application

   Any Application for development under this Ordinance or a previous Zoning Ordinance, including an Application for a Building Permit, Special Use Permit, Variance, Planned Development, or Cluster Development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the Official designated herein to receive such Applications. Required documents shall include only those documents specified either by this Ordinance or by rules adopted and published by the permitting authority prior to the time the Application is filed.

2. Substantially Complete Application

   Any Application for development under this Ordinance that is substantially complete prior to the enactment or amendment of this Ordinance, may, at the discretion of the applicant, be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the Application was submitted. If such Application is approved, the applicant must begin construction or exercise the right granted in the Application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval. If the applicant chooses to have the Application for Development reviewed under this Ordinance as amended, the applicant may do so provided that the review process shall be recommenced at the first stage of review.

3. Actual Construction

   187 Town of Smithfield Article 11 – Adoption and Amendment Zoning Ordinance To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the lawful plans, construction, or designated use of any building on which actual construction was begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined as the placing of construction materials in permanent position and fastened in a permanent manner. Where filling, excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such filling, excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

4. Approved Applications

   In addition, nothing in this Ordinance shall be deemed to require a change in the lawful plans, construction or designated use of any building or land which has been approved by the Zoning Board of Review or has been granted Pre-Application Approval by the Planning Board prior to the effective date of adoption or amendment of this Ordinance.

11.4 EFFECTIVE DATE This Ordinance is effective when passed by the Town Council as of 19 May 1998 (date of adoption)

11.5 SEVERABILITY If any provision of this Ordinance or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this Ordinance or the rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this Ordinance shall not affect the validity of the remainder of the Ordinance.

ARTICLE 12 – COMPREHENSIVE PERMIT FOR LOW AND MODERATE INCOME HOUSING

12.1 DECLARATION OF POLICY The “Rhode Island Low and Moderate Income Housing Act” was established pursuant to Title 45, Chapter 53 of the General Laws of Rhode Island to provide opportunities for the establishment of low and moderate income housing within each City and Town throughout the State. It is the policy of the Town of Smithfield to facilitate the development of low and moderate income housing in accordance with the “Rhode Island Low and Moderate Income Housing Act” and in conformance with the Smithfield Comprehensive Community Plan. In the event that any provision of the Smithfield Zoning Ordinance, the Smithfield Land Use Regulations, or the Smithfield Comprehensive Plan is in conflict, or is not in conformance with the Rhode Island Low and Moderate Income Housing Act, then the provisions of the Rhode Island Low and Moderate Income Housing Act shall be controlling with respect to all Low and Moderate Income Housing Comprehensive Permits.

12.2 DEFINITIONS The following words, wherever used in this chapter, unless a different meaning clearly appears from the context, have the following meanings:

1. "Comprehensive plan" means a comprehensive plan adopted and approved by the Town pursuant to chapters 22.2 and 22.3 of Title 45 of the Rhode Island General Laws.
2. "Consistent with local needs" means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the Town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the Town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by the Town Council after comprehensive hearing in the Town where:
   1. Low or moderate income housing exists which is in excess of ten percent (10%) of the year-round housing units reported in the census.
   2. The Town of Smithfield has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of Title 45 of the Rhode Island General Laws, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of ten percent (10%) of the year-round housing units.
3. "Infeasible" means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, 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 public agency, nonprofit organization, or limited equity housing cooperative. 189 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance
4. "Local board" means any Town official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.
5. "Low or moderate income housing" means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.
6. "Affordable housing plan" means a component of a housing element, as defined in RIGL 45-53-3(1), to meet housing needs in the Town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of RIGL 45-53-4(b)(1) and
   1. Smithfield's "affordable housing plan" is comprised of the housing element of the Smithfield Comprehensive Community Plan.
7. "Approved affordable housing plan" means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council.
8. "Letter of eligibility" means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with RIGL 42-55-5.3(a).
9. "Local Review Board" means the Planning Board for the Town of Smithfield established pursuant to RIGL 45-22-1.
10. "Meeting housing needs" means adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.
11. "Municipal government subsidy" means assistance that is made available through a Town program sufficient to make housing affordable, as affordable housing is defined in RIGL 42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.
12. "Administrative officer" The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer of the Local Review Board is the Director of Planning and Community Development for the Town of Smithfield.

12.3 LOCAL REVIEW BOARD

1. Designation of "Local Review Board"

   Pursuant to RIGL 45-53-3(8) the Planning Board for the Town of Smithfield (established pursuant to RIGL 45-22.2-4(20)) is hereby designated by this ordinance as the "Local Review Board " to act on all comprehensive permit applications, 190 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance including but not limited to Minor Land Development and Minor Subdivision Review and Major Land Development and Major Subdivision Review for the Town of Smithfield for all stages of review.

2. Power of the Local Review Board

   Pursuant to RIGL 45-53-4(a)(4)(vi) the local review board shall have the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size, or shape, or building materials, as are consistent with the terms of this section.

12.4 ADMINISTRATIVE PROCEDURES

1. Procedure for filing and approval of construction of low and moderate income housing
   1. A completed application for a comprehensive permit to build low or moderate income housing shall be filed with the administrative officer of the Local Review Board.
   2. Any applicant proposing to build low or moderate income housing may submit to the Local Review Board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five percent (25%) of the housing is low or moderate income housing.
   3. The application and review process for a comprehensive permit shall be as follows:
      1. Submission Requirements. Applications for a comprehensive permit shall include:
         1. A letter of eligibility issued by the Rhode Island Housing 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 agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
         2. A written request to the Local Review Board to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and
         3. A proposed timetable for the commencement of construction and completion of the project; and
         4. A sample land lease or deed restriction with affordability liens that will restrict use as low and moderate income housing in conformance with the guidelines of the agency providing the subsidy for the low and moderate income housing, but for a period of not less than thirty (30) years; and
         5. Identification of an approved entity that will monitor the long-term affordability of the low and moderate income units; and
         6. A financial pro-forma for the proposed development; and
         7. For comprehensive permit applications: (A) not involving major land developments or major subdivisions including, but not limited to, applications 191 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance seeking relief from specific provisions of the zoning ordinance, or involving administrative subdivisions, minor land developments or minor subdivisions, or other Smithfield ordinances and regulations: those items required by Smithfield's regulations for those specific applications or relief, with the exception of evidence of state or federal permits; and for comprehensive permit applications; and (B) involving major land developments and major subdivisions, unless otherwise agreed to by the applicant and the town; those items included in the checklist for the Master Plan in Smithfield's regulations promulgated pursuant to § 45-23-40. Subsequent to Master Plan approval, the applicant must submit those items included in the checklist for a preliminary plan for a major land development or major subdivision project in Smithfield's regulations promulgated pursuant to RIGL 45-23-41, with the exception of evidence of state or federal permits. All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and
         8. A comprehensive permit application fee; and
         9. Notwithstanding the submission requirements set forth above, the Local Review Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.
      2. Certification of Completeness. The application must be certified complete or incomplete by the administrative officer according to the provisions of RIGL 45-23-36; provided, however, that for a major land development or major subdivision, the certificate of completeness for a Master Plan shall be granted within thirty (30) days and for a preliminary plan shall be granted within forty-five (45) days. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
      3. Pre-Application Conference. Where the comprehensive permit application proposal is a major land development project or a major subdivision pursuant to RIGL 45-23, an applicant proposing a project under this chapter shall first schedule a pre-application conference with the administrative officer for the Local Review Board and/or the Technical Review Committee and other local officials, as appropriate. To request a pre-application conference, the applicant shall submit a short description of the project in writing including the number of units, type of housing, as well as a location map. The purpose of the pre-application conference shall be to review a concept plan of the proposed development. Upon receipt of a request by an applicant for a pre-application conference, the Town has thirty (30) days to schedule and hold the pre-application conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a comprehensive permit. 192 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance
      4. Review of Applications. An application filed in accordance with this ordinance shall be reviewed by the Local Review Board at a public hearing in accordance with the following provisions:
         1. Notification. Upon issuance of a certificate of completeness for a comprehensive permit, the Local Review Board shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties entitled to notice of hearings on applications under the zoning ordinance and/or land development and subdivision regulations as applicable.
         2. Public Notice. Public notice for all public hearings will be the same notice required under local regulations for a public hearing for a preliminary plan promulgated in accordance with RIGL 45-23-42. The cost of notice shall be paid by the applicant.
         3. Review of minor projects. The review of a comprehensive permit application involving only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, shall be conducted by the Local Review Board, following the procedures outlined herein, with the exception that all minor land developments or minor subdivisions under this section are requir

12.5 REVIEW PROCESS FOR COMPREHENSIVE PERMIT PROJECTS