Town of South Kingstown Zoning Ordinance

Whereas, the town council of the town is empowered by G.L. 1956, §§ 45-24-27 through 45-24-72, also known as the "Rhode Island Zoning Enabling Act of 1991," to adopt, modify, amend, repeal, administer and enforce a zoning ordinance, in order to establish and enforce standards and procedures for the proper management and protection of land, air, and water as natural resources, to employ contemporary concepts, methods, and criteria in regulating the type, intensity, and arrangement of land uses, and to employ new concepts as they may become available and feasible; and

Whereas, the town council deems it necessary for the purpose of promoting the public health, safety and general welfare to enact such an ordinance; and

Whereas, proper referral of such an ordinance has been made to the Planning Board of the Town of South Kingstown, which has duly given its findings and recommendations to the town council; and

Whereas, written notice has been sent to the clerks of all adjacent towns, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration; and

Whereas, the town council has given due public notice of a hearing upon the question of adoption of such an ordinance, and has held such public hearing; and

Whereas, the zoning districts and regulations set forth in this zoning ordinance are made in accordance with the Comprehensive Community Plan of the Town of South Kingstown, adopted on July 17, 1992, as amended, and prepared in accordance with G.L. 1956, Tit. 45, Ch. 22.2; and

Whereas, such an ordinance is designed to:

• • A. Promote safety from fire, flood and other natural or man made disasters;

  • B. 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;

  • C. Promote the establishment of population densities and concentrations that will contribute to the well being of persons, families and neighborhoods, and to prevent the overcrowding of land;

  • D. 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 and opportunities for the establishment of low and moderate income housing;

  • E. Provide for a range of uses and intensities of use appropriate to the character of the town and reflecting current and expected future needs;

  • F. Provide for the protection of the natural, historic, cultural, and scenic character of the town or areas therein;

  • G. Manage the development of neighborhoods based on current environmental design standards;

  • H. Provide for orderly growth and development which recognizes:

    • 1. The goals and patterns of land use contained in the comprehensive community plan of the town adopted on July 17, 1992, as amended, pursuant to G.L. Tit. 45, Ch. 22.2;

    • 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 coastal and freshwater ponds, the shoreline, and freshwater and coastal 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 urban and rural development; and

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

  • I. Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation;

  • J. Provide for the preservation and promotion of agricultural production, forestation, silviculture, aquaculture, timber resources, and open space;

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

  • L. Promote implementation of the comprehensive plan of the town, as amended;

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

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

  • O. Provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, and special use permits.

  • P. Provide opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Individuals with Handicaps Act, and the United States Americans with Disabilities Act of 1990 (ADA).

Now therefore, the town council of the Town of South Kingstown hereby ordains the repeal of all prior zoning ordinances of the town and establishes this ordinance as the zoning ordinance of the town.

For the purpose of this ordinance, the town is hereby divided into twenty-two (22) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

• • A. Residential.

R200 - Rural Very Low Density District. This district allows a residential density of up to two-tenths (0.2) dwellings per acre. The minimum lot size for single-household detached dwellings is two hundred thousand (200,000) square feet. The primary purpose of this district is to provide protection to sensitive environmental resources, such as groundwater reservoirs and recharge areas, immediately adjacent thereto; and coastal pond watersheds. It provides a residential density low enough to discourage the conversion of open lands and farmlands to more intensive use, while still allowing reasonable economic use of the land. It also includes privately-owned open spaces, freshwater wetlands, coastal features such as beaches and salt marshes, and farmlands. Public water service may be provided, but public sewers are discouraged in favor of waste water management districts and water conservation practices. This district also includes open space, conservation lands and land unsuitable for development. Portions of this district are within the High Flood Danger (HFD) Overlay District.

R80 - Rural Residential Low Density District. This district allows a residential density up to fifty-five-hundredths (0.55) dwellings per acre. The minimum lot size for single-household detached dwellings is eighty thousand (80,000) square feet. These are primarily rural areas which are not served by public facilities, and in which intensive development should not occur. They are characterized by low-density residential development, large estates, agriculture and certain low intensity nonresidential activities incidental to a rural environment. Public water service may be provided, but public sewers are discouraged in favor of waste water management districts and water conservation practices. This district may also include open space, conservation lands and land unsuitable for development. Portions of this district are within the High Flood Danger (HFD) Overlay District.

R40 - Medium Density Residential District. This district allows a residential density of up to one (1) dwelling per acre. The minimum lot size for single-household detached dwellings is forty thousand (40,000) square feet. Residential compounds will be the preferred type of residential development because they have low visual and environmental impact and fit the rural landscape. This district presently includes large estates, farms and large single-household residential lots, and the character of these lands should be maintained. Any intensive development here is not recommended. However, if major subdivision activity is proposed, cluster zoning techniques should be encouraged. Public water and public sewer service may be available but are not required. In addition, topographic and soil conditions in some portions of this district make large-scale development impractical. These areas may be environmentally sensitive and may contain much of the town's wetlands and prime agricultural areas.

R30 - Medium Density Residential District. This district allows a residential density of up to one and forty-five-hundredths (1.45) dwelling units per acre. Single-household detached units will be the predominant type of housing, although duplexes will be allowed by special use permit. Residential cluster developments should be considered for major subdivision proposals in this district. The lot sizes for single-household detached dwellings is thirty thousand (30,000) square feet. Water service generally is available to this district, or could easily be provided. While public sewers presently serve some of this district, public sewers should not be considered for the outlying villages as designated on the Land Use Plan, except for Middlebridge and the industrially zoned area of West Kingston.

R20 - Medium High Density Residential District. This district allows a residential density of up to two and two-tenths (2.2) dwelling units per acre. The lot sizes for single-household detached dwellings is twenty thousand (20,000) square feet. This district reflects the amount and type of development that already has taken place, as well as areas into which future expansion would be appropriate. These areas should be considered a high priority for the provision of public water and sewer service and for general infrastructure upgrading. However, public sewer service in Matunuck, and Snug Harbor is not recommended. A waste water management approach for these areas is preferred. Mixed uses historically have developed and should be permitted to continue and to expand subject to strict environmental controls. A neighborhood center/village district approach should be taken for additional development in this district. Special care in site planning must be taken. However, such patterns of residential development can be economically and environmentally sound. While the population density may be high, the existing physical development is varied and extensive. Shopping districts, personal services, community facilities, and public water and sewer generally are available and convenient and support local residents as well as the region. This district is highly accessible and served by a well-developed network of roads and public transit.

R10 - Medium High Density Residential District. This district allows a residential density of up to four and thirty-five-hundredths (4.35) dwelling units per acre. The lot sizes for single-household detached dwellings is ten thousand (10,000) square feet. This is a high-density residential area with public water and is expected to be served by the sewer system. Selected public and semipublic uses are allowed in this district.

RM - Residential Multi-Household District. This district allows an average residential density greater than four and thirty-five-hundredths (4.35), but less than seven and seventy-one-hundredths (7.71) dwelling units per acre and is intended to provide areas within the town for multi-household housing. This district is suitable for most types of apartment and condominium projects and individual multi-unit buildings. Duplexes are also permitted. This area is also suitable for single-household residential dwellings on lots having a minimum area of ten thousand (10,000) square feet. Public water and sewer service should be provided to these areas.

• • B. Commercial.

CN - Commercial Neighborhood. This district provides small-scale retail establishments designed to provide local business service to residential neighborhoods throughout the town. This district includes mixed uses within specially designed retail areas which include office uses and specific public and semi-public uses with single and multi-household residential development under special conditions, all of which must meet certain design and site planning requirements.

CN-M - Commercial Neighborhood - Matunuck. This district represents a portion of the commercial area within Matunuck that allows for small-scale retail establishments designed to provide local business service to residential neighborhoods within the village. This district recognizes Matunuck's unique characteristics and rich history and aims to allow for compatible land uses that complement its diversity while preserving its cultural importance and integrity.

CD - Commercial Downtown. This is the central business district of the town which developed along Wakefield's Main Street and adjacent side streets, from approximately Belmont Avenue to Holley Street and in the central portion of Peace Dale. The CD district is characterized by buildings with little or no setback requirements or off-street parking, a mix of land uses, and a pedestrian scale. Numerous historic structures exist as well as new buildings and reconstructed properties. It is important for this district to maintain its historic qualities and "Main Street" character. It includes small-scale retail centers designed to provide local business service to the town. The primary uses in this district are neighborhood retail, commercial offices, restaurant and entertainment, and may include residential uses. Excluded are commercial repairing, open lot sales, wholesale and storage uses, and uses primarily oriented toward the automobile.

CH - Commercial Highway. This district represents an orientation toward the automobile, with sufficient off-street parking areas and direct traffic access to major highways. The predominant pattern is the shopping center, where several individual stores are planned and owned as a unit on the same parcel of land, but also may include many individual single-unit buildings and uses as well. Such retail uses as gas stations, fast food establishments and the larger supermarkets predominate in shopping centers. Also included are such uses as repairing, open lot sales, wholesale business, storage, etc. These uses are subject to performance standards. It is intended that this zone permits and encourages revitalization and intensification so that the areas so zoned are used to their peak potential. Provision of public water in the future may be permitted, particularly if area wells become contaminated, but such water line extensions should not be used to justify commercial expansion. Residential development is excluded from these areas.

CW - Commercial Waterfront. This district recognizes the use of the waterfront areas of the town for such marine-oriented businesses as marinas, fishing, marine services, and commercial docks.

MU - Mixed Use. These are zoning districts established within the Kingstown Road Special Management District in order to provide a mixture of residential and limited commercial uses as provided in the comprehensive community plan.

COD-R/MOD-R - Cannabis and Marijuana Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items and marijuana and marijuana related items may occur per section 504.15.

• • C. Industrial.

Ind-1 - Industrial One. This district is intended to permit manufacturing, wholesale storage and distribution activities within existing manufacturing areas in West Kingston, existing mills in Wakefield and Peace Dale, and new locations for such activities, as follows:

Wakefield/Peace Dale - Industrial operations permitted within these districts may include manufacturing and wholesale storage and distribution facilities. These areas are intended to recognize the existing mills and other industrial areas in Peace Dale and Wakefield around which the town's economy historically has developed and also to provide for new locations without significant environmental constraints. However, a high level of environmental protection also must be enforced in these areas to avoid any degradation of existing natural resources. Public water and sewer service is mandatory for these areas. Any industry or process which would create environmental hazards or generate significant quantities of hazardous waste or pollutants is prohibited. This district may also permit, subject to development plan review as applicable, Use Code 21, Higher Educational Institution, Privately Owned and Operated, and Use Code 21.1, Higher Educational Institution, State Owned and Operated, as an accessory use to permitted primary uses.

West Kingston - The Ind-1 Zoning district covers the existing manufacturing district located in West Kingston. This is an area with environmental limitations but already has been developed as a significant area of light manufacturing, wholesale operations and storage facilities. This area is not to be used for any activity which would constitute a threat to either ground or surface waters or adjacent wetlands. It will be limited to clean operations which do not generate significant quantities of waste water and which are not water intensive. The provisions of the Groundwater Protection Overlay District will apply to this area. Public water and sewer service may be provided to these areas. This district may also permit, subject to development plan review as applicable, Use Code 21 Higher Educational Institution, Privately Owned and Operated, and Use Code 21.1 Higher Educational Institution, State Owned and Operated, as an accessory use to permitted primary uses.

Ind-2 - Industrial Two. This district is established to cover proposed activities designated on the west side of Rose Hill Road and is created to provide for certain businesses and/or industrial operations that do not require traditional industrial park or commercial district locations. Such uses exhibit characteristics of both industrial operations as well as retail or wholesale business uses. They include automotive-related repair and service, outdoor yard storage, warehousing, multi-purpose trade centers, wholesale and retail sales of landscape and building materials and the like. Extractive operations, including the storage of sand and gravel would be permitted, but processing of these materials from either on site or off site sources, or the manufacture of concrete or asphalt and similar operations would be prohibited. Industries should be well screened from adjacent public streets and buffered from surrounding residential uses. Public water and sewer service is not a prerequisite but may be provided.

Ind-3 - Industrial Three. This district is established to cover the existing manufacturing zone on the west side of North Road in Peace Dale. Permitted uses would include extractive operations and processing of sand and gravel, and the manufacture of asphalt and concrete and related products. Public water and sewer may be provided to these areas but is not required.

COD/MOD-CMT - Cannabis Overlay District and Marijuana Overlay District—Cultivation/Manufacturing/Testing. This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per Section 504.15.

COD/MOD-MT - Cannabis Overlay District and Marijuana Overlay District—Manufacturing/Testing. This zoning overlay district identifies areas where the manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per section 504.15.

• • D. Government and Institutional.

GI - Government and Institutional. This district includes land holdings of the town, state and federal governments or their agencies, major semi-public institutions, fire districts, and land designated under CERCLA. It also includes land of the University of Rhode Island, the largest institution in the town, and South County Hospital. The purpose of this district is to recognize the extent of public and semi-public land holdings and to provide guidance to utilization of these lands should they be sold or otherwise transferred to private ownership. Any significant use of land in the areas shown within this district for proprietary purposes or uses by nongovernmental entities, other than health care institutions, shall require rezoning to an appropriate zoning district.

OS - Open Space, Conservation and Recreation. This district includes properties owned by the town, state or federal government, and are presently used for such public recreation or conservation purposes as the Great Swamp Management Area or town-owned parks. It also includes quasi-public or privately-owned land where development rights have been conveyed or for which there is a reasonable expectation of long-term use for open space, conservation or recreation, such as Audubon Society or Nature Conservancy lands. Certain limited residential, recreational, agricultural and educational uses are permitted.

GI-1 - Government and Institutional-1. This district includes land holdings of the town and/or land holdings of a land trust. The purpose of this district is to recognize the extent of public holdings and preservation entities (i.e., land trusts) and to provide guidance to utilization of these lands. Any significant use of land in the areas shown within this district for proprietary purposes or uses by nongovernmental entities, other than the town or a land trust as established under Rhode Island Law, shall require rezoning to an appropriate zoning district.

(Ord. of 7-25-16; Ord. of 3-13-23(2); Ord. of 10-23-23(1); Ord. of 10-23-23(2); Ord. of 1-13-25(2))

These are districts that are superimposed on existing zoning district(s) or part of a district, and impose specified requirements in addition to, but not less than, those otherwise applicable for the underlying district(s).

• • A. Historic Overlay District. This overlay district includes an area within the Village of Kingston designated as a Historic District and is on the National Register of Historic Places. It is covered by special zoning restrictions which apply to all structural exterior building changes, street or traffic improvements, landscaping, erection of signs, and removal of trees.

  • B. Special Flood Hazard Area Overlay District. The Special Flood Hazard Area Overlay District contains flood zones regulated by the Federal Emergency Management Agency as Special Flood Hazard Areas (SFHAs), including floodways, coastal high hazard areas, and areas adjacent to flood zones. The purpose of the SFHA Overlay District is to protect the public health, safety, and general welfare in areas subject to recurrent and dynamic flooding events, which present serious hazards to the residents of South Kingstown, by regulating the development and alteration of structures within SFHAs.

  • C. Groundwater Protection Overlay District. This is an overlay district which is superimposed over any other zoning district in order to provide additional controls to protect groundwater and interrelated surface water resources.

  • D. Kingstown Road Special Management District. The Kingstown Road Special Management District is located along Route 108, between Peace Dale and Kingston. Its purpose is to prevent the formation of a linear commercial strip in favor of mixed use development that permits limited commercial uses, service establishments and residential uses, as described in the comprehensive plan.

  • E. Route 1 Special Management District. This area is designated for new or expanded light industrial, commercial or mixed-use zoning to include lands on the west and east side of Route 1 as described in the comprehensive community plan. The area may be serviced by public water and sewer service.

  • F. Carrying Capacity Overlay (CCO) District. This overlay district includes areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated November 27, 1984, including the September 1993 addenda and subsequent amendments thereto and areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "The Narrow River Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated December 8, 1986, and subsequent amendments thereto.

  • G. Coastal Community Overlay District. This overlay district, established per G.L. 1956, § 45-24-31, affects "campground" facilities along the town's south shore area in the Villages of Matunuck and East Matunuck. The overlay district provides additional land use controls and administrative allowances to manage and limit changes to these legal non-conforming uses of land as detailed in article 6, section 608 of this ordinance (see also article 2, Nonconformance).

  • H. Coastal Resiliency Overlay District. The Coastal Resiliency (CR) Overlay District contains the land area depicted on CRMC Design Elevation Maps as being vulnerable to storm surge during a 100-year storm event plus 5-feet of sea level rise (SLR) that lie outside of the FEMA SFHAs. The CRMC Design Elevation Maps allow municipalities and property owners to plan for the effects of future SLR combined with impacts from storm surge, coastal erosion, and wave conditions. The purpose of the CR Overlay District is to protect the public health, safety, and general welfare by promoting resiliency in areas that are anticipated to be subject to recurrent and dynamic flooding events, which present serious hazards to the residents of South Kingstown.

(Ord. of 9-26-16(1); Ord. of 2-25-19(1); Ord. of 7-22-19(1); Ord. of 9-14-20(1))

The town is hereby divided into zoning districts, hereinafter sometimes referred to as zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The official zoning map of the town shall consist of two hundred forty-nine (249) plat maps which together with all zoning districts and overlay zoning districts shown thereon, shall be the official zoning map. The official zoning map shall be maintained by the town clerk.

The official zoning map shall be identified by the signature of the president of the town council, in office at the time of adoption, attested by the town clerk and bearing the seal of the town.

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

• • A. Boundaries.

    • 1. Where zoning districts (except overlay districts) are separated by highways, streets, alleys, railroad, water courses or bodies of water, the boundaries of said zoning districts shall be construed to be the center line or middle of said highway, street, alley, railroad, water course or body of water.

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

    • 3. Boundaries shown as following shore lines shall be construed to follow such shore lines, and in event of change in shore line shall be construed as moving with the actual shore lines as defined by the mean high water mark.

    • 4. Boundaries indicated as parallel to or extensions of natural or manmade features shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

    • 5. Boundaries shown as following physical features, or culturally and historically significant features, shall be construed to follow such features.

  • B. Interpretation. For any other circumstances not covered by the above subsections, the zoning enforcement officer shall interpret the zoning district boundaries.

Lawfully established. A building, structure, sign, or parcel of land, or use thereof, was lawfully established if it was in existence prior to January 15, 1951, 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. (See subsection C. below.) A lot was lawfully established if it was shown on a deed or recorded plat prior to January 16, 1951, or is shown on a legally recorded plat or deed that conformed to requirements in effect at the time of the recording. 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.

Nonconformance. A nonconformance is a building, structure, sign, or parcel of land, or use thereof, which was lawfully established at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of such ordinance or amendment.

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

• • A. Nonconforming structure. Any structure which was lawfully in existence at the time of the adoption of this ordinance or any amendments thereto, but which does not comply with the dimensional regulations or the supplementary regulations or any other regulations concerning structures set forth in this ordinance or any amendment thereto for the zoning district in which such structure is located.

  • B. Nonconforming lot of record. A lot of record which, when recorded, was in full compliance with the zoning ordinance in effect at the time of recording or which was legally recorded prior to January 15, 1951, and which cannot conform to the area and dimensional regulations of this ordinance.

Nonconforming by use. Any use of land or of a structure which was lawfully in existence at the time of the adoption of this ordinance or any amendments thereto shall be nonconforming by use, notwithstanding that such a use is not permitted by the district regulations of this ordinance, or any amendments thereto, for the zoning district in which such use is located. A lawfully existing use which is permitted by special use permit, but which has never received such special use permit shall also be nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use. An extractive industry use shall be nonconforming by use only to the extent of its horizontal (parallel to the ground) excavated limits and the precise nature of the operation, as they existed upon the enactment of this ordinance. The nature of the operation includes, but is not limited to, the use of specific extractive techniques, such as blasting, and specific accessory uses, such as the washing, treating or storing of the extracted material.

Use by variance, special exception or special use permit. A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of having received a variance or a special use permit (or a special exception) granted by the zoning board, shall not be considered a nonconformance for the purposes of this article, and shall not acquire any rights under 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. Any moving, relocation, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a use by variance or special use permit or which is in complete conformance with this ordinance, shall require a further variance or special use permit from the zoning board.

A building, structure or parcel of land nonconforming by more than one (1) factor, such as by use, dimension, area or parking, shall comply with all applicable regulations of this article. Where the regulations conflict, the most restrictive regulations shall apply.

• • A. Continuance of use. Nothing in this ordinance shall prevent or be construed to prevent the continuance of a nonconforming use of any building, structure or land for any purpose to which such building, structure or land was lawfully established.

  • B. Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this article.

  • C. Moving or relocation. A nonconforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the time of adoption of this ordinance unless granted a special use permit by the zoning board.

  • D. 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, provided however that limited addition or enlargement may be granted by the zoning board as a special use pursuant to Section 203 below.

  • E. Expansion. A nonconforming use may occupy any parts of a structure which were designed for such use at the time of the adoption of this ordinance. A nonconforming use may expand in other ways only if granted a special use permit under the provisions of section 203.

  • F. Expansion of extractive industrial use. A nonconforming extractive industrial use may expand horizontally to adjacent areas of the land where such use is located, but such expansion is limited to twenty-five (25) percent of the excavated surface area for which such use was utilized on July 12, 1996. A nonconforming extractive industry use may expand horizontally in surface area by more than twenty-five (25) percent of its existing excavated area on July 12, 1996, if granted a special use permit under the provisions of section 203.

  • 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, decreasing the lot area, or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of lawfully established dwelling units within a building or structure so long as such reconfiguration complies with the requirements of subsection E., provided however that limited intensification may be granted by the board as a special use pursuant to section 203 below.

  • H. Change of use. A lawful nonconforming use shall not be changed to another nonconforming use but may be changed to a use conforming to the provisions of this ordinance, or to a use within the same numbered use code as listed under article 3 of this ordinance. (See section 300 with regard to "Use Code" and "Use Code Category.") Once a lawful nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming use.

  • I. Abandonment. If the lawful nonconforming use of any land, building, structure or sign is abandoned, it shall not be allowed to resume except in conformity with all applicable provisions of this Ordinance, unless the owner can demonstrate an intent not to abandon the use. 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. An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use.

  • J. Discontinuance—Presumption of abandonment. If any nonconforming use is discontinued for a period of one (1) 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. Evidence of discontinuance shall include a change in the use of the building, structure, land or sign to another use; failure to maintain the site, building, structure or sign in habitable, useable or safe condition; or failure to protect said building, structure or sign from the natural elements for a period of one (1) year or more. For the purposes of this section, the intent to abandon a lawful nonconforming use shall also be conclusively presumed by one (1) or more of the following actions:

    • 1. Voluntary demolition of the building, structure or sign.

    • 2. Failure to apply for or lapse of any permits, licenses or certifications required for continuation of the use, or failure to appeal any denial of any such permit, license or certification within twelve (12) months of any such lapse or denial.

    • 3. Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the use.

  • K. Reconstruction. If a nonconforming use is damaged or destroyed by accident or Act of God, it may be restored or repaired provided that such repair or rebuilding shall be commenced within one (1) year of the date of the destruction or damage and shall be diligently prosecuted until completed; and provided that the use, total floor area or land area of use and the location on the site is not altered or increased. Such repair or restoration shall comply in all respects with all applicable codes, ordinances and other applicable regulatory systems.

• • A. In general. As a special use in compliance with the provisions of article 9 of this ordinance, the lawful nonconforming use of a building, structure, or land may be added to, enlarged, expanded, or intensified provided that such addition, enlargement, expansion or intensification shall not exceed fifty (50) percent in excess of the existing floor area, land or intensity used for the nonconforming use at the time the use became lawfully nonconforming. Said increased use shall comply with all other dimensional and area requirements of this ordinance. In granting such a special use permit, the zoning board may place such restrictions on such increase as it may deem necessary to minimize its effect upon neighboring property and uses. Additional special use permits may be granted provided that the cumulative effect is not more than fifty (50) percent.

  • B. Extractive industrial uses. For extractive industrial use only, a special use permit may be granted to allow the enlargement or expansion of such a nonconforming use beyond twenty-five (25) percent, up to the boundaries of the yard setbacks of the lot containing such use as such lot existed on May 10, 1999, and subject to all other requirements of this ordinance and the subdivision and land development regulations. In granting such a special use permit, the zoning board may place such restrictions on such increase as it may deem necessary to minimize its effect upon neighboring property and uses.

• • A. 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.

  • B. Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

  • C. 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 building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

  • D. Addition and enlargement. A building or structure nonconforming by dimension may be added to or enlarged, including vertically, only if both the building footprint and the building envelope of such addition or enlargement conform to all of the dimensional regulations of the zone in which the building or structure is located.

  • E. 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.

  • F. 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.

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

  • H. Demolition.

    • 1. If a building or structure nonconforming by dimension is damaged or destroyed by accident or act of God, destroyed, or damaged; it may as-of-right be repaired or rebuilt to the same size and dimension as previously existed.

    • 2. The new building or structure, even if not in conformance with the dimensional regulations of the zone in which it is located, may be enlarged to not more than fifty (50) percent larger than the demolished building or structure, by special use permit from the zoning board, provided that the zoning board finds that the nonconforming dimensional aspects of the new building or structure will have no greater impact on the surrounding neighborhood than those of the original building or structure, and that the addition or enlargement complies with subsection D. of this section.

  • I. Signs. Nonconforming signs may be continued and maintained. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with the provisions of this ordinance.

  • J. 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 7.

    • 1. Addition, enlargement, expansion and intensification. A 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. 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 parking spaces are supplied to meet the requirements of article 7.

  • K. Landscaping. A building or structure is considered nonconforming by landscaping if the lawfully established use of the building or structure does not meet the landscaping requirements of this ordinance or the subdivision and land development regulations. No such building or structure shall be enlarged or expanded beyond a total of five hundred (500) square feet of GLFA, or the use thereof changed or intensified, unless the landscaping for the entire lot or lots upon which the use is located, is brought into conformance with all of the applicable provisions of this ordinance and the subdivision and land development regulations.

• • A. When buildable. A lot or parcel of land having a lot width or lot area which is less than required by section 401 may be considered buildable for single household residential purposes regardless of the lot width or lot area, provided such lot or parcel of land was (i) shown on a plat or on a deed duly recorded prior to the effective date of this ordinance, and (ii) provided that at the time of recording the lot or parcel of land so created conformed in all respects to the minimum requirements of the zoning ordinance in effect at that time, and (iii) said lot or parcel of land did not abut other land of the same owner on March 29, 1976, or at any time after such lot or parcel of land was rendered substandard by the provisions of any prior zoning ordinance.

  • B. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under section 905 or a dimensional variance request under section 907, whichever is applicable.

(Ord. of 12-11-23(2))

• • A. When merged. If two (2) or more abutting nonconforming lots of record were under the same ownership on or at any time after March 29, 1976, such lots shall be considered to be an undivided parcel of land for the purpose of this ordinance, and no single lot or portion thereof shall be used in violation of the requirements of section 401 as to lot width and area. If the total lot width or lot area of such abutting lots of record is less than required by section 401, such lots may be considered as a single nonconforming lot of record for single household residential purposes and shall be governed by the provisions of section 207. However, such merger of abutting nonconforming lots shall not apply to lots in the R-10 Zoning District where all such lots are serviced by both public water and public sewer, although they shall remain subject to section 207.

  • B. Compliance with other sections. Nothing in this section shall be construed as exempting such abutting nonconforming lots of record from complying with (i) the maximum percentage of lot coverage of principal and accessory buildings, (ii) maximum building height as contained in section 401 for the zoning district in which such lot is located and (iii) the building and accessory building setback provisions of sections 207 and 208. Any lots meeting those requirements shall be considered as a conforming lot of record for single-household residential purposes.

Editor's note— Ord. of 12-11-23(2) repealed § 207, which pertained to nonconforming lots of record—building setback requirements and derived from Code of 2020, App. A, § 207.

Editor's note— Ord. of 12-11-23(2) repealed § 208, which pertained to nonconforming lots of record—accessory building setback requirements and derived from Code of 2020, App. A, § 208.

The uses in the following schedule (referred to as the schedule of use regulations table and also the "use table") are permitted only in the zoning districts marked with a "Y." Uses permitted in the zoning districts as a special use under the special use permit provisions of this article, are marked with an "S." Where the letter "N" appears, the use is prohibited. Any use which is not specifically included in the use provisions of this article is prohibited, unless the zoning enforcement official rules that such use is included in another "use code," as set forth in subsection C., below. Additional requirements and standards are set forth in article 5.

• • A. Use code. The list of use code numbers along the left margin of the table below is to be used in conjunction with appendix A, attached hereto and incorporated as part of this ordinance. Each use numbered in section 301, below, shall constitute a "use code" and each use code corresponds with a specific entry in appendix A. The several uses listed in appendix A under each use code illustrate the range of specific uses within such use code.

  • B. Use code category. A "use code category" is a general category of uses, corresponding with section 301. These use code categories are as follows:

    0	Agricultural
    1	Residential
    2	Institutional and Governmental Services
    3	Cultural, Entertainment and Recreation Services
    4	General Services
    5	Trade
    6	Transportation, Communication and Utilities
    7	Industrial
    8	Noxious Industrial
    9	Extractive Industrial
    10	Marijuana/Cannabis-Related Uses

 

• • C. Uses not listed. Where any proposed use is not listed in this section or in appendix A, the property owner may submit a written request to the zoning enforcement officer (ZEO) for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The ZEO will have thirty (30) days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special-use permit. If the ZEO determines that the proposed use is not substantially similar to any existing use code, then such use shall be prohibited in all zones.

(Ord. of 5-8-17; Ord. of 3-13-23(2); Ord. of 12-11-23(2))

 

 

(Ord. of 3-12-01, § I; Ord. of 7-23-01; Ord. of 5-13-02; Ord. of 7-22-02, §§ 1a, 1b; Ord. of 8-12-03; Ord. of 4-10-06; Ord. of 5-12-08(2); Ord. of 5-12-08(3); Ord. of 5-26-09; Ord. of 11-14-11; Ord. of 9-24-12; Ord. of 3-9-15; Ord. of 7-25-16; Ord. of 9-26-16(2); Ord. of 10-24-16; Ord. of 5- 8-17; Ord. of 6-12-17; Ord. of 6-25-18; Ord. of 2-25-19(1); Ord. of 7-22-19(1); Ord. of 10-15-19(2); Ord. of 12-9-19(3); Ord. of 3-13-23(2); Ord. of 10-23-23(1); Ord. of 10-23-23(2); Ord. of 12-11-23(3); Ord. of 1-13-25(2))

Pursuant to G.L. 1956, Tit. 45, Ch. 23, no lot or parcel of land shall be subdivided except in conformity with this article and with the subdivision and land development regulations of the town, as amended.

No construction of any structure in any subdivision or any improvement in any subdivision requiring the inspection and approval of the South Kingstown Department of Public Services pursuant to the subdivision and land development regulations shall begin until the South Kingstown Planning Board has given final approval to the plat.

All major subdivisions and major land development projects as defined in the South Kingstown Subdivision and Land Development Regulations shall conform to the inclusionary zoning provisions contained in section 502.6 of this ordinance.

(Ord. of 8-15-06(1))

• • A. Residential compounds.

    • 1. Definition and purpose. A residential compound is a parcel of land containing lots for single-household detached structures and a permitted principal and accessory use listed below and having an average density of no greater than one dwelling unit per two undred thousand (200,000) square feet of land suitable for development. Residential compounds are intended to preserve the rural character of the town by permitting low-density residential, agricultural, and other compatible development on large parcels of land without compliance with the design and public improvement standards applicable to other subdivisions.

    • 2. Dimensional regulations. Each building lot in a residential compound shall comply at a minimum with the area and dimensional regulations of the zoning district in which the compound is located; provided, however, that building lots in a residential compound in an R200 Zoning District shall comply with the area and dimensional regulations for an R80 Zoning District.

    • 3. Open space. If the acreage in a residential compound in excess of that necessary to satisfy the lot area requirements of this ordinance is established as a separate open space lot or lots, such lot or lots may be devoted to the following uses:

      Use Code	Description
      01	Crop Farm
      02	Livestock Farm
      33.2	Tennis Courts
      35	Nonprofit Community Park or Playground
      35.1	Nonprofit Community Center
      36	Wildlife Refuge

 

as provided by section 301 of this article; provided, however, that the following conditions are satisfied:

• • • • (a) In each residential compound, the use or uses shall be specifically approved by the South Kingstown Planning Board at the time of final approval, in addition to whatever approval may be necessary by the zoning board of review;

      • (b) The open space shall be protected from further development or unauthorized alteration by the grant of conservation or preservation restrictions to the town, state, or United States of America, or a department thereof, pursuant to G.L. Tit. 34, Ch. 39.

      • (c) Any buildings, structures, parking areas, or impervious improvements associated with the open space use may be located on the open space lot, provided that they occupy no more than five (5) percent of the open space lot.

(Ord. of 7-23-01)

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

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

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

    • 1. To be greater in height or bulk;

    • 2. To accommodate or house a greater number of dwelling units;

    • 3. To occupy a greater percentage of lot area;

    • 4. To have narrower or smaller rear yards, front yards, side yards or other open spaces;

other than herein provided, or in any other manner contrary to the provisions of this ordinance.

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

  • D. 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. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

The following schedule (referred to as the schedule of dimensional regulations and also as the "dimensional table") sets forth the basic dimensional requirements for all uses. See article 5 for detailed regulations that apply to certain specific uses in addition to those set forth below.

SCHEDULE OF DIMENSIONAL REGULATIONS

 

(Ord. of 7-22-02, §§ 1a, 1b; Ord. of 5-12-08(3); Ord. of 6-25-18; Ord. of 10-23-23(1))

• • A. The lot width and frontage requirements for a newly created subdivision may be reduced by the planning board pursuant to section 502.2.

  • B. For any detached accessory apartment, the minimum setback distance from both side and rear lot lines shall be fifteen (15) feet.

  • C. The front yard setback may be reduced, as of right, to the average front yard setback of the immediately abutting structures.

  • D. No dwelling units shall be allowed on the first floor.

  • E. For rooming units, the minimum lot size shall be two thousand five hundred (2,500) square feet for the first two (2) rooming units plus six hundred (600) square feet per each additional rooming unit.

  • F. No parking of any vehicles shall be allowed between any structure and the front lot line or a corner side lot line.

  • G. No yard setback shall be required along lot lines abutting a railroad track.

  • H. Accessory apartments shall not be permitted in lands developed beyond carrying capacity as defined by Rhode Island Coastal Resources Management Council within an adopted special area management plan. Where two-household dwellings or multi-household dwellings are permitted, an accessory apartment may not be established unless it replaces an allowed dwelling unit. For example, if the use and dimensional regulations would allow only three (3) dwellings units, a lot may contain two (2) dwellings and an accessory apartment, but not three (3) dwelling units and an accessory apartment. (See section 503.2.)

  • I. Transition yard landscaping is required whenever a buffer between adjacent incompatible land uses is necessary in order to physically separate and visually screen such adjacent land uses. See the subdivision and land development regulations for details regarding such buffers. Transition yards are required in the following situations and are required to provide the following landscaping and buffering:

    • 1. Industrial uses or zoning districts abutting residential zoning districts. In any zoning district, a lot which contains any industrial use, and a lot in any industrial zoning district which abuts any residential zoning district shall provide a side yard and a rear yard at least equal to twice the side or rear yard requirement of the adjoining residential district. Where more than one (1) residential district abuts, the district imposing the higher standard shall apply. Side and rear yards in the industrial district shall be buffered in any of the following ways:

      • (a) Fifty-foot wooded buffer; or

      • (b) Twenty-foot partial landscape screen; or

      • (c) Ten-foot full landscape screen.

    • 2. Commercial zoning districts abutting residential zoning districts. Lots in any commercial zoning district which abut any residential zoning district shall provide a side yard and a rear yard at least equal to the side or rear yard requirement of the adjoining residential district; except that corner side yard requirements for such lots may be provided as required in the commercial district. Where more than one (1) residential district abuts, the district imposing the higher standard shall apply. Side and rear yards in the commercial district shall be buffered in any of the following ways:

      • (a) Fifty-foot wooded buffer; or

      • (b) Twenty-foot partial landscape screen; or

      • (c) Ten-foot full landscape screen.

  • J. See subdivision and land development regulations for detailed standards regarding other dimensional requirements. (Use codes 12 and 12.1.)

  • K. In the Kingstown Road Special Management District, the front yard and corner side yard setbacks may be reduced to zero (0) by the planning board as a condition of approval of development plan review.

  • L. In an R10 or RM Zoning District, if a proposed use of a lot is to include use code 12 or 12.1, and if such lot abuts a lot containing a single-household detached structure; any principle structure shall be maintained at a fifty-foot setback from the lot containing the single-household detached structure, or the side and rear transition yard buffering required by I.2., above, shall be required.

  • M. For any residential subdivision that is subject to the provisions of section 502.6, inclusionary zoning density bonuses and/or requirements for development exactions for the provision of low and moderate income housing apply. See section 502.6 and subdivision and land development regulations for specific requirements in this regard.

(Ord. of 8-15-06(1); Ord. of 6-25-18)

Editor's note— An ordinance adopted on July 23, 2001, deleted § 403. Former § 403 pertained to the dimensional regulations for lots in residential cluster developments and derived from the zoning ordinance, adopted May 10, 1999.

The purposes of these supplementary regulations are to establish special conditions for certain uses, exceptions for certain dimensional requirements, additional requirements for accessory uses, storage and parking, and performance standards for certain uses, where required.

The following regulations are required in addition to the schedule of use regulations table in article 3:

• 501.1. Number of residential structures per lot.

In all zoning districts, there shall be no more than one (1) principal residential structure on a lot except for land development projects, bed and breakfasts, hotels, and motels, as further provided in this ordinance.

• 501.2. Vision clearance at corners.

At street intersections, no structure shall be erected and no vegetation shall be planted or maintained in such a manner as to materially impede vision between the heights of three (3) feet and ten (10) feet above the triangle formed by the two (2) street lines and a third line joining points on the street lines fifteen (15) feet from the intersection. This section shall not apply to the CD Zoning District.

• 501.3. Manufacturing uses in commercial districts.

All manufacturing uses designated in article 3 and allowed in commercial districts as permitted uses or by special use permit, may not employ more than seven (7) persons, nor occupy more than one thousand five hundred (1,500) square feet floor area. In addition, the manufacturing of products that are sold on the premises shall be permitted by special use permit in the CH and CD Zoning Districts only; provided that (i) the area devoted to manufacturing does not exceed one thousand (1,000) square feet or twenty-five (25) percent of GLFA, which ever is less, (ii) that no more than three (3) employees be involved in the manufacturing activity, and (iii) the manufacturing is conducted entirely inside the building. It is the intent of this section to permit in commercial districts only those manufacturing uses which are of a small scale and which would essentially function as commercial uses and be consistent with and in character with the intent and purpose of the commercial district.

• 501.4. Regulation of agricultural activities.

No field crop farm, livestock farm, general farm or animal husbandry service shall conduct activities which would cause deleterious effects upon neighboring property, including, but not limited to, the following:

• • A. Pollution of any waterways or water bodies;

  • B. Contamination of neighboring property from any insecticides, fertilizers or similar chemical agents.

In addition, the processing of agricultural products shall be limited to those activities normally accessory to and necessary for an agricultural activity conducted on the premises. Buildings for housing livestock shall be at least forty (40) feet from any property line; however if greater yard setbacks are required in section 401, then the greater requirement shall be met.

• 501.5. Temporary mobile and manufactured homes or trailers.

A single mobile and manufactured home or trailer for residential use may be located temporarily on a lot where a residential dwelling is already located, provided that all of the following conditions are satisfied:

• • A. Use of the mobile and manufactured home or trailer is necessitated by a fire or other emergency rendering the permanent residence on the same lot unfit for habitation.

  • B. The mobile and manufactured home or trailer is serviced by all of the utilities required for a residence by the state building code, including, but not limited to, public sewers or an individual sewage disposal system.

  • C. The location of the mobile and manufactured home or trailer on the lot shall conform as nearly as possible to the front, side and rear yard requirements of the zoning ordinance that apply to the lot.

  • D. The maximum period of time the mobile and manufactured home or trailer shall be permitted to remain on the lot shall be six (6) months. The building official is hereby empowered to extend that period for good cause shown.

• 501.6. Docks or piers in residential zoning districts.

In a residential zoning district, no more than one (1) dock or pier may be erected upon any lot which abuts on waters.

• 501.7. Senior residential community.

  • A. Intent. It is the intent of this subsection to encourage residential communities designed for senior citizens, to ensure compatibility with surrounding areas and with the natural environment, and to regulate the location and design of such senior residential communities to ensure safe, sanitary and attractive living conditions.

  • B. Approval procedure. The planning board may approve, as a land development project, the establishment of a senior residential community in zoning districts where allowed in article 3. Application for such land development projects shall be made in accordance with the procedures of the town's subdivision and land development regulations.

  • C. Permitted uses. Permitted dwelling units in senior residential communities may include conventionally built single-household detached structures (use code 10); single-household detached mobile and manufactured homes (use code 16) as defined in article 12; or single-household detached modular homes as defined in article 12 that conform to the Rhode Island State Building Code. Permitted accessory uses include the following:

    • 1. Senior services center as defined in subsection G.;

    • 2. Convenience store for residents of the community;

    • 3. Sales/management office;

    • 4. On- and off-street parking areas;

    • 5. Garages, (including common or shared garages), sheds and other structures customarily accessory to a residential use;

    • 6. Recreational facilities intended primarily for residents and their guests;

    • 7. Common storage areas or buildings for use of residents of the community.

  • D. Dimensional requirements. See section 401, Schedule of Dimensional Regulations. In addition, senior residential communities shall be subject to the following supplementary dimensional regulations:

    • 1. For the community as a whole:

      • (a) A senior residential community shall contain a minimum of thirty (30) acres.

      • (b) The total density of a senior residential community shall not exceed one and ninety-nine-hundredths (1.99) dwelling units per developable acre.

      • (c) For portions of the tract used for general vehicular entrances and exits only, the lot width and frontage shall be a minimum of fifty (50) feet. For portions containing lots and buildings open generally to occupants, the width of the lot shall be a minimum of two hundred fifty (250) feet. The ratio of width to depth shall not exceed one to five (1:5).

      • (d) Maximum percent of lot building coverage: Thirty-five (35).

      • (e) Maximum height, principal building: Thirty-five (35) feet.

      • (f) Maximum height, accessory building: Fifteen (15) feet.

    • 2. Distance between buildings on the same lot. In cases where such communities are developed with more than one (1) dwelling on a single lot, such as condominium developments or where individual home site parcels are leased, the following dimensional regulations shall apply:

      • (a) The minimum land area of individual leased parcels shall be six thousand (6,000) square feet; provided, however, that the overall density of the community shall not exceed that provided in subsection D.1.(b), above;

      • (b) The minimum distance between two (2) principal buildings shall be thirty (30) feet, except where buildings are separated by opposing side walls or attached garage walls, in which case the minimum separation may be twenty (20) feet;

      • (c) The minimum setback of a principal or accessory building from a street right-of-way line shall be twenty-five (25) feet;

      • (d) The minimum distance between accessory structures and any other accessory or principal structure shall be twelve (12) feet;

      • (e) Attached or common garages may be attached to residential dwellings or may be separate detached structures. When attached to a principal building, such structures shall be considered a part of the principal building. When detached, such structures shall be considered accessory structures.

    • 3. Dimensional regulations for buildings on individual lots. In cases where such communities are subdivided into individual lots, the following dimensional regulations shall apply:

Minimum lot size: Six thousand (6,000) square feet.

Minimum lot frontage and width: Fifty (50) feet.

Minimum yard setbacks, principal building:

Front: Twenty-five (25) feet.

Corner side: Twenty (20) feet.

Side: Ten (10) feet.

Rear: Twenty (20) feet.

Minimum yard setbacks, accessory building:

Side lot lines: Six (6) feet.

Rear lot lines: Six (6) feet.

• • E. Other restrictions. All senior residential communities shall be subject to the exemption requirements for housing for older persons set forth in the Federal Fair Housing Amendments Act of 1988 and the Rhode Island Fair Housing Practices Act as amended and the following restrictions which shall be noted on the land development final plan and recorded in the land evidence records of the town:

    • 1. Occupancy of a senior residential community is limited to adults fifty-five (55) years of age or older.

    • 2. A senior residential community need not be subdivided into individual lots unless such lots are proposed to be sold, in which case subdivision approval shall also be required from the planning board as provided in the subdivision and land development regulations. Multiple dwellings are permitted on a single lot if individual home site parcels are proposed to be leased.

    • 3. Dwelling units are limited to a maximum of two (2) bedrooms per unit.

  • F. Prohibition in the High Flood Danger (HFD) Overlay District or V1-30 Flood Zones. Notwithstanding the provisions of any other part of this ordinance, no senior residential community may be placed, occupied or maintained in the High Flood Danger (HFD) Overlay District or Zones V1-30 as shown on the official flood insurance rate map for the town, map revised January 3, 1986, prepared by the Federal Emergency Management Agency and on any subsequent amendment or revision to said map.

  • G. Senior services center. All senior residential communities shall be provided with a community center for recreation and social functions or any similar facility which shall provide services specifically designed to meet the physical or social needs of older persons. A convenience store may also be provided. The use of such community center, including the convenience store, shall be restricted to residents and guests. The floor area of such community center shall not be less than one thousand five hundred (1,500) square feet (GLFA/use) for the first two hundred (200) dwelling units in the community, and shall be increased by not less than five hundred (500) square feet (GLFA/use) for each additional fifty (50) dwelling units.

  • H. Open space and buffers. At least ten (10) percent of the developable land area of a senior residential community shall be set aside for recreation and open space areas, in addition to required perimeter buffers. Along all exterior property lines of a senior residential community, a landscaped buffer strip shall be maintained. Such buffer strip shall be not less than fifty (50) feet wide. Where a senior residential community is located directly adjacent to a public or private street, the planning board may increase this width to one hundred (100) feet along the entire street frontage, except for any necessary access streets.

Such buffer strip shall be planted, screened, or otherwise maintained in a natural condition in order to provide year-round visual obstruction of the dwellings within the senior residential community from abutting land and streets. Such buffer strip may be used for recreation of a nonintensive character provided however, that no structure or parking area be located thereon.

• • I. Site standards. Any senior residential community shall meet the applicable site development standards as provided in article XIII of the subdivision and land development regulations.

• 501.8. Transient trailer parks.

  • A. Intent. It is the intent of this subsection to provide areas which are properly located and designed to accommodate the leisure time and vacation activities of transient residents utilizing transient trailers and similar recreational vehicles, and intended for short-term residential occupancy only. It is further intended to safeguard the health and safety of residents of trailer parks, to ensure compatibility with the natural environment and to ensure harmony with the character of the surrounding area.

  • B. Approval procedure. In order to construct, alter or extend any transient trailer park the following must be obtained:

    • 1. Approval of a land development project from the planning board pursuant to the procedures and standards set forth in the subdivision and land development regulations.

    • 2. A license from the state health department in accordance with G.L. 1956, Tit. 23, Ch. 21;

    • 3. A building permit from the building official; and

    • 4. An annual license granted by the town council as required by the provisions of the Town of South Kingstown Tourist Accommodations Ordinance.

  • C. Density requirement. The overall density of the transient trailer park shall not exceed twenty (20) transient trailer spaces per acre of developable land area of such park.

  • D. Minimum area. No transient trailer park shall be less than ten (10) acres in land area.

  • E. Community center and convenience store. A community center and/or a convenience store may also be provided. The use of such community center, including the convenience store, shall be restricted to residents and guests. The floor area of such structure shall not exceed one thousand five hundred (1,500) square feet (GLFA/use) for the first two hundred (200) spaces in the park, and may be increased by not more than five hundred (500) square feet (GLFA/use) for each additional fifty (50) spaces.

• 501.9. Hotel and motel use.

  • A. Minimum lot size. The lot shall consist of not less than fifty thousand (50,000) square feet of land for the first twenty (20) rooms, and five hundred (500) square feet of land for each additional unit.

  • B. Lot coverage. The permanent structures of motels or hotels shall not occupy more than twenty-five (25) percent of the total lot area. Additional lot coverage, not to exceed twenty-five (25) percent of the total lot area, is authorized for recreation facilities.

  • C. Unit size. No individual motel unit or hotel room shall be erected or altered so as to have a floor area of less than two hundred forty (240) square feet, including bathroom and closet space.

  • D. Setback regulations. No part of a motel or hotel structure, accessory structure (except a sign) parking lot or utility area shall be within fifty (50) feet of any lot line or closer than one hundred (100) feet to the right-of-way of any public street. Except in CH districts, a landscaped or natural buffer zone shall be provided within said fifty-foot setback from any lot line, and within said one hundred-foot setback from any public street.

  • E. Standards for development. The following additional standards shall apply to all motels and hotels:

    • 1. Accessory use. Accessory uses may include necessary office, recreation, parking and maintenance areas, lunchroom, restaurant, cocktail lounge or gift shop.

    • 2. Height. No principal building shall exceed thirty-five (35) feet in height; no accessory building or other structure shall exceed twenty (20) feet in height.

    • 3. Minimum lot width. Each lot shall have a minimum lot width of two hundred (200) feet.

    • 4. Rubbish disposal. Each motel or hotel shall be provided with enclosed waste pens of sufficient size to accommodate all trash and waste stored on the premises. The waste pens and utility areas shall be properly screened and buffered from all buildings and lot lines.

• 501.10. Religious housing.

  • A. Minimum lot size. The lot shall consist of not less than five thousand (5,000) square feet of land per bedroom.

  • B. Number of occupants. Occupancy shall be limited to not more than one (1) person per bedroom, or eight (8) occupants, whichever is less.

  • C. Utilities. The structure shall be serviced by public water and sewer.

  • D. Parking. There shall be one (1) off-street parking space per two (2) bedrooms, subject to all other requirements of article 7.

  • E. Signs. There shall be no signs permitted, except for one (1) sign indicating the name of the religious group and the address, and which shall not include any advertising. Such sign shall not exceed two (2) square feet.

• 501.11. Indoor gun range.

  • A. Minimum setback. The indoor gun range operation (and any associated structure) shall be situated no closer than three hundred (300) feet to any property boundary, said three hundred (300) feet serving as a minimum setback. Accessory off-street parking and required curb-cut openings (driveway entrances) shall not be subject to this setback requirement. This setback shall only apply to indoor gun ranges located within residential zoning districts or within two hundred (200) feet of a residential zoning district.

  • B. Parking. There shall be one (1) off-street parking space for each four hundred (400) square feet of total gross floor area allocated to an indoor gun range operation. The stated minimum parking standards are subject to all other requirements of article 7.

  • C. Maximum impervious lot coverage. Any impermeable surface improvement (inclusive of all structural improvements, access drives, parking and loading areas) associated with an indoor gun range shall not exceed four (4) percent of the total lot acreage. This requirement shall only pertain to residential zoning districts where such use is permitted by special use permit.

  • D. Retail use. Any retail component shall be accessory to the principal indoor gun range and shall not be permitted without said principal land use(s) being actually in place.

  • E. All preceding regulatory standards associated with an indoor gun range shall constitute minimum zoning standards and are mandatory. Any noncompliance with minimum zoning standards shall render permissibility of the indoor gun range land use prohibited in all zoning districts.

• 501.12. Bow and arrow range/clay shooting and field trials.

The following regulations shall apply to any property which operates a bow and arrow range, outdoor clay shooting, field trials, or any combination of these activities as a principal use of the property. Where the subject property also operates an indoor gun range, the regulations in this subsection as well as the regulations in section 501.11 shall apply:

• • A. Minimum lot size. The subject property shall consist of not less than one hundred twenty (120) acres in total land area—said land area consisting of all acreage regardless of whether it is deemed suitable or unsuitable for development.

  • B. Minimum setback. Any shooting stations shall be set back at least five hundred (500) feet from any property boundary.

  • C. Retail use. Any retail component shall be accessory to the principal use of the property and shall not be permitted without said principal land use(s) being actually in place.

(Ord. of 3-9-15; Ord. of 10-24-16)

The following regulations are required in addition to the dimensional requirements in article 4.

• 502.1. Lot frontage and width, standard provisions.

No lot hereafter created shall have a lot frontage less than the minimum lot width provided in article 4 for the zoning district in which the lot is located. The lot lines on opposite sides of that portion of a lot lying between the building line and the street line shall be no closer than the minimum lot width provided in article 4, for the zoning district in which the lot is located. Minimum lot width shall be provided as specified in article 4, and shall be measured at a point no closer to a street line or, if none, to a lot line than the minimum front yard dimension for the zoning district in which it is located.

• 502.2. Lot frontage and width, flexible provisions.

Upon approval by the planning board, through a request for waiver pursuant to the town's subdivision and land development regulations, the following lot frontage and lot width variations may be permitted:

• • A. In residential zones R-10 to R-200, the planning board is authorized to reduce the lot frontage and lot width of newly created lots in a subdivision on any public or approved private street to a minimum of twenty (20) feet.

  • B. The planning board must, before approving such flexible lot frontage and lot width, make findings of fact that:

    • 1. Using flexible zoning is in the best interest of good planning design as evidenced by consistency with the comprehensive community plan and the zoning ordinance; and

    • 2. Would result in a better use of the land than permitted under conventional zoning.

  • C. Open space lots, within an approved cluster subdivision, may have zero (0) frontage on a street, as long as the planning board approves private access to the open space by easement.

  • D. As part of the application to the planning board for flexible lot frontage and width, a "yield plan," as defined in article 12 shall be required. No more buildable lots shall be allowed using flexible frontage and width provisions than are allowed by using the conventional frontage and width provisions.

• 502.3. Exceptions to height regulations.

  • A. The following structures or parts of structures may be erected above the specified height limitation contained in the schedule of dimensional regulations: church spire, church tower or church belfry; flagpole; radio or television antenna for noncommercial private use only; chimney; elevator penthouse; silo; or public or semi-public water supply structures.

  • B. Windmills and cellular communications towers. Upon the granting of a special use permit by the zoning board of review, a windmill or cellular communications tower may exceed the height limitation contained in the schedule of dimensional regulations up to a total of two hundred (200) feet. Above such height, a dimensional variance shall also be required.

• 502.4. Architectural projections.

Ordinary projections of window sills, cornices and other structural features may extend not more than twelve (12) inches into the space above required yards. Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks and similar architectural projections, when attached to a principal building, shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard. When such structures are not attached by the principal building they shall be considered accessory buildings and shall be governed by the provisions of section 401, Schedule of Dimensional Regulations.

• 502.5 Flexible design residential projects.

  • A. Purpose. The purposes of this section, Flexible Design Residential Projects (FDRP), are:

    • 1. To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;

    • 2. To preserve historical and archeological resources;

    • 3. To protect the natural environment, including South Kingstown's varied landscapes;

    • 4. To protect the value of real property;

    • 5. To promote more sensitive siting of buildings and better overall site planning consistent with the "South Kingstown Residential Design Manual," prepared by Dodson Associates, dated January 1999, and as subsequently amended and incorporated in the comprehensive community plan (hereinafter, the "design manual");

    • 6. To perpetuate the appearance of South Kingstown's traditional New England landscape;

    • 7. To allow landowners a reasonable return on their investment and to reward landowners with reduced infrastructure costs and density bonuses;

    • 8. To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and

    • 9. To offer an alternative to conventional subdivision development.

    • 10. To require the construction of affordable housing units and/or development exactions for affordable housing in accord with the requirements of section 502.6 and the subdivision and land development regulations.

  • B. Approval procedure. The planning board may approve, as a land development project, a flexible design residential project (FDRP) in zoning districts where allowed in article 3 of this ordinance. Application for all FDRP land development projects shall be made in accordance with the procedures of the town's subdivision and land development regulations, whether a subdivision or not. Where the FDRP is allowed by special use permit, planning board approval shall be conditioned upon the applicant receiving relief from the zoning board subsequent to master plan approval.

  • C. Permitted uses. Permitted uses in an FDRP include:

    • 1. Residential dwelling units as herein provided and accessory uses customarily incidental and subordinate thereto; and

    • 2. Open space which is set aside for recreation, conservation, agricultural use or for preservation of valuable or sensitive features or structures.

The following residential uses are permitted (Y) in a FDRP:

 

• • D. Maximum density for FDRP. The maximum density for an FDRP shall not exceed the number of lots (or dwellings) which could reasonably be expected to be developed upon the FDRP site under a yield plan as defined in article 12 of the zoning ordinance of the town (the "basic maximum number"), plus any incentive dwelling units; provided, however, that the maximum number of permitted dwelling units in the FDRP site shall not be increased by a factor of more than 1.3 above the basic maximum number where granted a zoning incentive as provided in subsection 502.5.E., below.

  • E. Zoning incentives. No zoning incentives pursuant to this section shall be permitted in R200 Zoning Districts. In all other districts where permitted, the planning board may approve an FDRP with the following zoning incentives:

    • 1. The number of single household dwelling units having one (1) or fewer bedrooms, including so-called "studio units" may be increased by a factor of 1.2 for the purpose of calculating the basic maximum number; and/or

    • 2. The number of single household dwelling units having a maximum of two (2) bedrooms, including so-called "studio units" may be increased by a factor of 1.1 for the purpose of calculating the basic maximum number; and/or

    • 3. Where the planning board determines that occupancy of the dwelling unit in the FDRP is limited to adults fifty-five (55) years of age or older, subject to the exceptions set forth in the Federal Fair Housing Act, the basic maximum number of permitted dwelling units in the development may be increased by a factor of 1.2; and/or

    • 4. Where the planning board determines that the amount of open space area provided in the entire FDRP exceeds the minimum required amount as provided in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

      Amount of Open Space Provided	Permitted Increase in Density (factor of)
      5 to 10 percent more than minimum	1.05
      More than 10 to 20 percent more than minimum	1.1
      More than 20 to 50 percent more than minimum	1.2
      More than 50 percent above minimum	1.3

 

• • • 5. The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the South Kingstown Residential Design Manual. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one (1). Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two (2) bedrooms.

Except as provided in subsection E.5. above, any dwelling unit awarded as an incentive shall contain no more than two (2) bedrooms. Incentives shall be given in accordance with article IV of the subdivision and land development regulations.

• • F. Modification of lot requirements. Applicants are encouraged to modify lot size, shape, and other dimensional characteristics within an FDRP. An FDRP may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Lots having reduced area or frontage shall not have frontage on a street other than a street created by the FDRP; provided, however, that the planning board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood. Unless waived pursuant to the subdivision and land development regulations, dimensional regulations applicable in the R10 Zoning District, as set forth in the South Kingstown Zoning Ordinance, section 401, Schedule of Dimensional Regulations, shall be applicable to an FDRP.

  • G. Streets. Streets within an FDRP may be publicly or privately owned and maintained. Streets shall be designed to conform with the standards of the town where the street is or may be ultimately intended for dedication and acceptance by the town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the planning board.

  • H. Open space. Open space shall be provided and administered in accordance with the provisions of section IV.A.11 of the planning board's subdivision and land development regulations.

The open space in an FDRP shall be devoted only for conservation purposes or for park, recreation, and agricultural purposes as follows:

 

• 502.6. Inclusionary zoning.

(See definition in article 12) Note: the provisions of this article are in addition to those contained in article 5, section 502.5, Flexible design residential projects.

• • A. Purpose. The purposes of this section, inclusionary zoning, are:

    • 1. To promote affordable housing production in the town in accordance with the goals and policies of the South Kingstown Comprehensive Community Plan's Housing Element and Affordable Housing Production Plan;

    • 2. To encourage the development and availability of housing that qualifies as low and moderate income housing as mandated by G.L. 1956, § [Ch.] 45-53, the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended;

    • 3. To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;

    • 4. To encourage and perpetuate the historic diversity of the community through the development of housing and housing for all populations within the town, including, but not limited to, housing for the resident workforce and housing for special needs populations;

    • 5. To allow landowners and/or developers a reasonable return on their investment through the provisions of density bonuses to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.

  • B. Applicability. This section shall be applicable in all zones permitting residential development where the applicant proposes a development of six (6) or more additional housing units or buildable vacant house lots.

  • C. Permitted uses

    • 1. Subject to the requirements of section 301, Schedule of Use Regulations, and section 502.5.C.2., Permitted uses, the following residential uses are permitted (Y) in subdivisions and land development projects subject to these inclusionary zoning provisions:

      Use Code	Description
      10	Single household detached structure
      11	Two household detached structure
      12	Multi-household detached structure (up to four dwelling units per structure in subdivisions, up to 12 units per structure LDP, land development project)
      12.1	Multi-household land development project (see appendix A, Use Code Descriptions)
      12.2	Multi-household detached structure - elderly only, LDP (see appendix A, Use Code Descriptions)
      12.3	Multi-household land development project - elderly only (see appendix A, Use Code Descriptions)
      12.4	Residential compound (See appendix A, Use Code Descriptions)
      16.1	Mobile or manufactured home park, land development project (see appendix A, Use Code Descriptions)
      16.2	Senior residential community - LDP (land development project) - elderly only, (see section 501.7, permitted only in the R40 Zoning District subject to the additional requirements listed therein)

 

• • • 2. Accessory apartments per section 503.2 may be permitted as inclusionary units required under this section at the discretion of the planning board.

  • D. Affordability requirements.

    • 1. For all applicable projects, at least twenty-five (25) percent of the units within the project must qualify as affordable housing, as defined by G.L. § 42-128-8.1(d)(1).

    • 2. Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.

    • 3. A Town-approved monitoring service agreement with a qualified organization.

  • E. Off-site option.

    • 1. The planning board, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the inclusionary zoning requirement by constructing inclusionary units on a site other than that on which the project is located. The following may be required by the planning board for such off-site construction.

      • a. Off-site rehabilitation of affordable units in existing buildings.

      • b. Off-site construction of affordable units.

    • 2. Provisions of off-site inclusionary units shall be subject to the following conditions:

      • a. Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.

      • b. New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.

      • c. Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.

  • F. Incentives. The number of housing units allowable on the site or sites involved shall be increased to two (2) market rate units for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development.

• 502.7 Cottage Community.

  • A. Purpose. The purposes of this section, Cottage Community, are to:

    • 1. Provide housing types that are responsive to changing household demographics (e.g., retirees, young people entering the workforce, small families, single parent households, single person households, dual owner households);

    • 2. Provide more opportunities for low to moderate income (LMI) housing within single-family neighborhoods;

    • 3. Encourage creation of functional usable open space in residential communities;

    • 4. Promote neighborhood interaction and safety through design; and

    • 5. Ensure compatibility with neighboring uses.

  • B. Applicability. The Planning Board may approve, as a Major Land Development Project, a Cottage Community in the Town's R10 and R20 Zoning Districts, as defined in Map 6.1, Sewer Service Areas, Town of South Kingstown Comprehensive Community Plan, 2014 as amended and adopted, unless the proposed Cottage Community Development is within the Town's Historic Overlay District as defined by Article 6, Section 600 of the Zoning Ordinance where they are prohibited.

    • 1. A Cottage Community shall only be allowed on lots that have existing access to water and sewer service or where the applicant can demonstrate that new water and sewer access will be provided prior to occupancy.

  • C. Procedures. Applications for Cottage Community approval shall be made in accordance with the procedures for approval of a Major Land Development Project per the Town's Subdivision and Land Development Regulations.

  • D. Inclusionary Zoning. Any Cottage Community is subject to the Inclusionary Zoning requirements of Section 502.6.

  • E. Density Requirements.

    • 1. The maximum density shall be eight (8) cottage units per developable acre of land.

    • 2. An individual cottage development shall contain a minimum of six (6) dwelling units and may contain a maximum of thirty (30) dwelling units.

    • 3. None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas.

  • F. Dimensional Requirements.

    • 1. A Cottage Community may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

    • 2. No detached accessory buildings shall be allowed except shared community structures such as storage sheds, garages, utility structures, or similar common facilities.

    • 3. Dwelling units shall be separated by a minimum of ten (10) feet from the side edge of one (1) building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten (10) foot separation shall be measured from the outside edge of these features.

    • 4. Dwelling units not abutting or oriented towards a right-of-way shall front the common open space.

    • 5. The first floor area of each cottage unit shall not exceed nine hundred (900) square feet (foot print) not inclusive of any porch or deck area. Where a second floor is included, the habitable area of the second floor shall not exceed fifty (50) percent of the ground floor area.

    • 6. Dimensional requirements for porches shall comply with Subsection H.2, Porches.

    • 7. The distance between the front building edge and the right-of-way or the edge of the common space shall be at least fifteen (15) feet.

    • 8. The building height for all structures shall not exceed twenty-five (25) feet. Where included, the second floor area shall primarily be located under the pitched area of the roof as a half story, with the spring point for the eave starting no higher than three (3) feet above the finished floor, and with no more than fifty (50) percent of the roof length interrupted by dormers. In no instance shall the first floor exterior walls exceed fourteen (14) feet in overall height.

    • 9. Dwelling units shall have a minimum 6:12 roof pitch. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs.

    • 10. No building in the cottage community shall be closer to an adjacent property line than the required side yard setback of the zoning district of any adjacent property.

    • 11. Accessory dwelling units are not allowed within a Cottage Community.

  • G. Common Open Space.

    • 1. A minimum of two hundred fifty (250) square feet of common open space shall be provided per dwelling. However, not less than three thousand (3,000) square feet of common area shall be provided regardless of number of dwelling units.

    • 2. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than twenty (20) feet, unless part of a pathway or trail.

    • 3. Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units.

    • 4. Common open spaces shall have dwelling units that face each other across the common open space.

    • 5. Common open space shall be designed for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.

    • 6. The Planning Board may allow stormwater drainage facilities within the common open space if it finds that the drainage areas are designed as a fully integrated part of the overall common open space landscape plan which incorporates the types of design features and amenities noted above in Section 502.7.G.5, and are designed to facilitate infiltration and recharge.

    • 7. All dwelling units shall have dedicated access ways to the common open spaces.

  • H. Private Open Space.

    • 1. Intent. A sense of community requires the right balance of personal privacy. Private open space is an essential component of this balance. A "front" yard creates a transition between public and private spaces, while a "side" or "back" yard offers increased seclusion.

    • 2. Location. A semi-public transition zone and semi-private porch shall separate the main entrance to the dwelling from the common open space or street. This transition zone should include some combination of fencing, plantings, and or railings, none of which may exceed thirty-six (36) inches in height. Private open space may be located in the side and/or rear yards.

    • 3. Size. Each residential unit shall be provided with a minimum of two hundred (200) square feet of usable private open space, with no dimension less than ten (10) feet. Such open space requirements may be met with a combination of front, side or rear yard locations.

  • I. Cottage Building and Fence Design Standards. In addition to the dimensional regulations in Article 4, and the standards contained in South Kingstown, RI - Cottage Community Regulations Design Guidelines - Bulletin #1 (July 2021), the following building design standards shall apply:

    • 1. Variety in Building Design. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than one-third (⅓) of the total dwelling units in a CCD. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:

• Variation in general architectural elevation and size.

• Predominant wall materials shall be or have the appearance of wood, brick or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish. Vinyl siding materials are prohibited unless such products have the appearance of natural wood (i.e. CertainTeed Signature Cedar Impressions Siding products or AZEK paintable trim material).

In addition, a minimum of five (5) of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

• Variation in building stories (a mix of one- and one-and-a-half-story buildings).

• Variation in roof/building colors and/or materials.

• Varying roof shapes or gables between adjacent structures.

• Windows with visible trim and mullions.

• Roof brackets.

• Dormers.

• Bay windows.

• Entry enhancement such as a well detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions.

• Attached trellis elements over windows or patios.

• Exterior Chimney made of, or clad in, brick or stone.

• Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest.

• Additional porches and patios (required porch not included).

• • • 2. Porches.

      • (a) Cottage housing units shall have a covered porch of the primary entrance oriented to the common open space or the public street right-of-way as applicable.

      • (b) The required front porch shall have a minimum sixty (60) square feet in area with a minimum dimension of six (6) feet and a maximum dimension of ten (10) feet on any side, except that:

        • (1) A porch may extend, but is not required to extend, the full length of the front façade. The porch may also wrap around the cottage for a maximum length of twenty (20) feet along either side of the cottage. Note: listed this as an exception to b).

    • 3. Fences. All fences interior to the development shall be no more than thirty-six (36) inches in height. Fence materials shall be or have the appearance of natural materials, such as wood, brick or stone, shall be made of a paintable material (i.e. Azek, Walpole Outdoor Fence products), and may be painted or coated in a nonmetallic finish. Chain link fencing is prohibited.

  • J. Parking.

    • 1. A minimum of one (1) parking space per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement. Any parking spaces in excess of one (1) per dwelling unit shall be designed with pervious materials such as pervious pavement, porous asphalt, gravel surfaces, grass or other similar pervious options. Parking spaces, whether uncovered or in garages or carports, shall not count toward the total floor area of a cottage unit, as described in subsection F.5.

    • 2. Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.

    • 3. Garage doors shall not be oriented towards a public right-of-way (i.e. street).

    • 4. Garages and carports shall not be located between the common open space and the dwelling units.

    • 5. Surface parking lots shall be broken into sub-lots of no more than fifteen (15) parking spaces. Any surface parking lot with more than seven (7) parking spaces shall contain at least one (1) landscape island. Landscape islands shall:

      • (a) Be a minimum of one hundred forty-four (144) square feet (eighteen (18) feet parking spaces) or one hundred sixty (160) square feet (twenty (20) feet parking spaces).

      • (b) Have a minimum dimension of at least eight (8) feet at the widest point measured from the edge of pavement or back of curb where curbing is proposed.

      • (c) Be located, graded and designed to pretreat stormwater runoff

      • (d) Be planted with vegetation suited to the stormwater management strategy and resilient to the stressors anticipated in the parking area (e.g., heat, sand, etc.)

      • (e) Include at least one (1) deciduous shade tree of not less than two-inch caliper and at least ten (10) feet in height at the time of installation.

      • (f) Applicants may deviate from these standards where it can be demonstrated to the satisfaction of the Planning Board that stormwater management is not feasible because of the location of the island (i.e., upgradient) or other pre-existing site conditions.

    • 6. Parking in the form of garages, carports, or surface lots may occupy no more than forty (40) percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.

    • 7. Surface parking lots shall be set back twenty (20) feet from the outside perimeter of the cottage community. This setback can be reduced to below twenty (20) feet but never less than ten (10) feet along no more than fifty (50) percent of the perimeter. Where the setback is less that twenty (20) feet a decorative and sturdy fence at least six (6) feet in height (measured from grade) shall be installed (See Section H for fence standards).

    • 8. Surface parking lots of more than four (4) spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features, in accordance with Article XIII, Section G of the Subdivision Regulations.

    • 9. Enclosed parking structures shall have a minimum 6:12 roof pitch and a maximum height of eighteen (18) feet. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs. Parking structures shall also comply with the architectural elements required by Section H. (Cottage Building Design Standards).

  • K. Common Area Maintenance.

    • 1. Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The Planning Board shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:

"If the owners or their successors or assigns fail to maintain the common area, or fail to keep a Home Owners Association active and in good standing with the Rhode Island Secretary of State responsible for said maintenance, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns, or seek judicial relief to compel the owners to perform any necessary maintenance."

• • • 2. Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. A typical example would be creation of a homeowner's association or condominium association with authority and funding necessary to maintain the common areas.

  • L. Stormwater Management. All applications shall be required to meet RIDEM's Stormwater Standards and shall conform to the Town's Subdivision and Land Development Regulations and Design Manual with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.

  • M. Sunset Provision. The provisions of Section 502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on March 1, 2025, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

(Ord. of 7-23-01; Ord. of 8-15-06(1); Ord. of 10-22-07(2); Ord. of 2-9-15; Ord. of 7-26-21(1); Ord. of 03-13-23(1); Ord. of 12-11-23(2))

The following regulations are required in addition to the schedule of use regulations table in article 3:

• 503.1. Accessory structures.

No accessory structure shall be located in any required front yard, except flagpoles, signs, and structures (not to exceed five hundred (500) square feet in area nor exceed ten (10) feet in height) related to public safety, transportation or utilities.

• 503.2. Accessory apartments.

  • A. One (1) accessory apartment shall be permitted within, or as an accessory structure on the same lot as, a principal residence provided that it meets all of the requirements as set forth herein.

  • B. An accessory apartment serviced by a public sewer system may be established in any zoning district in which residential dwelling units are allowed, provided that:

    • 1. An accessory apartment that is part of the principal dwelling shall comply with the dimensional regulations for a principal use contained in article 4, Schedule of Dimensional Regulations, of this ordinance. An accessory apartment that is separate from the principal dwelling shall comply with the dimensional regulations for a detached accessory structure contained in article 4, Schedule of Dimensional Regulations, of this ordinance; and

    • 2. Where two-household dwellings or multi-household dwellings are permitted, an accessory apartment may not be established unless it replaces an allowed dwelling unit. For example, if the use and dimensional regulations would allow only three (3) dwellings units, a lot may contain two (2) dwellings and an accessory apartment, but not three (3) dwelling units and an accessory apartment; and

    • 3. The taking of boarders or the renting of rooms by a resident family is prohibited in both the principal residence and the accessory apartment. No rooming or boarding house shall be permitted to have an accessory apartment.

  • C. An accessory apartment which is not serviced by a public sewer system may be established in R200 zones by special use permit only. In so doing, it is the intent of this ordinance to provide increased protection to the underground aquifers that are the source of the community's drinking water. In passing on such a special use permit, the zoning board of review shall consider, in addition to the conditions contained in section 907 of this ordinance, the location of the individual sewage disposal system (ISDS) that services the accessory apartment in relation to the nearest "fresh water wetlands," as defined herein.

All of the following conditions shall attach to every special use permit granted for an accessory apartment serviced by an ISDS in an R200 Zone:

• • • 1. An existing ISDS that services the accessory apartment shall be upgraded to meet current Department of Environmental Management regulations.

    • 2. The ISDS shall be pumped every two (2) years, with proof of pumping to be submitted to the building official.

    • 3. The accessory apartment shall be equipped with low water consumption plumbing fixtures.

    • 4. No garbage disposal or washing machine shall be installed in the accessory apartment.

  • D. Notwithstanding anything herein to the contrary, including subsection C., above, no accessory apartment which is not serviced by a public sewer system shall be established in the following areas:

    • 1. Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated November 27, 1984, including the September 1993 addenda and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District; and

    • 2. Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "The Narrow River Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated December 8, 1986, and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District.

  • E. All accessory apartments shall meet the following design and performance criteria:

    • 1. The accessory apartment is designed and constructed in such a way as to maintain the appearance of the use of the lot as a single-household residence.

    • 2. The accessory apartment shall contain no more than seven hundred fifty (750) square feet. Said square footage shall be calculated using the exterior measurements of the structure including any covered porch areas but excluding stairs providing access to the accessory apartment. Where special circumstances exist that are peculiar to the site in question, relief from this requirement shall be available by special use permit provided that the conditions in section 907 of this ordinance are satisfied.

    • 3. The accessory apartment is in the same ownership as the principal residence.

    • 4. Either the principal residence or the accessory apartment is occupied by the owner for at least six (6) months of the year.

    • 5. Before a certificate of occupancy for the accessory apartment may be issued, the property owner shall record a deed restriction in the South Kingstown Land Evidence Records that acknowledges and covenants that the accessory apartment is subject to the requirements and restrictions of this ordinance and that such restrictions run with the property.

  • F. A property owner who proposes to use an existing individual sewage disposal system (ISDS) to serve an existing or proposed accessory apartment must obtain an ISDS change of use approval from the Rhode Island Department of Environmental Management in order to obtain a certificate of use and occupancy.

  • G. An accessory apartment as defined herein is not the same as an "accessory family dwelling unit," as defined in the General Laws of Rhode Island and article 12 of this ordinance. Accessory apartments are meant to serve many of same purposes as accessory family dwellings units, as well as the additional purpose of providing affordable housing opportunities. Accessory family dwelling units are not permitted in any zoning district.

  • H. Where an accessory apartment is proposed within a Flexible Design Residential Development (FDRP), the accessory apartment shall not count in the computation of dwelling units therein. Accessory apartments located in a FDRP shall be subject to the provisions of this section.

• 503.3. Swimming pools.

No private swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet, and less than three (3) feet deep, or with an area of less than one hundred (100) square feet shall be allowed in any district, except as an accessory use, and if it complies with the following conditions and requirements:

• • A. The pool is intended and is to be used principally for the enjoyment of the occupants of the property on which it is located.

  • B. It may not be located closer than ten (10) feet from any property line.

  • C. The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by persons from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet nor more than six (6) feet in height, shall be maintained in good condition with a gate and lock, and must prohibit the passage of any object exceeding four (4) inches in diameter.

• 503.4. Storage of farm vehicles and equipment.

The storage of farm vehicles and equipment is permitted as an accessory use to a permitted agricultural activity in all zoning districts. The storage of landscaping and lawn maintenance equipment, including the outdoor storage of vehicles, is permitted as an accessory use to the operation of a horticultural nursery regardless of whether said equipment is used on the premises or offsite, provided any indoor storage shall occur only in agricultural buildings pre-existing the date of the passage of this ordinance (August 23, 2004). The outdoor storage of farm vehicles such as tractors, etc., and farm equipment, animal feed, hay or manure including landscaping and lawn maintenance equipment, when located on a lot in an R20, R10, RM or Commercial Zoning District, shall be screened by means of a ten-foot wide full landscape screen as provided in the subdivision regulations (landscape requirements) and shall not be located in any minimum required yard. Farm vehicles and equipment and landscaping and lawn maintenance equipment, stored in other zoning districts shall not require such screening.

• 503.5. Parking or storage of commercial vehicles and boats.

Commercial vehicles or accessory machinery and equipment for such, when parked or stored in any residential district or a CN Zoning District, only as allowed in article 3, shall be parked or stored in a completely enclosed building or in an area screened and/or landscaped by means of a full landscape screen as specified in the subdivision and land development regulations, whether or not said parking or storage area is adjacent to a residential district. However, the area used to store one (1) commercial vehicle of up to one and one-half (1½) tons capacity shall not be required to be so screened or landscaped.

Only one (1) commercial boat may be stored in a residence district on any lot, provided said boat is not in excess of thirty (30) feet in length nor more than fifteen (15) feet in height measured from ground level to the highest point.

• 503.6. Parking or storage of major recreation equipment in residence district.

In residence districts the parking or storage of major recreation equipment, which includes transient trailers, pick-up campers, coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes, shall be regulated as follows:

• • A. Only one (1) transient trailer, pick-up camper, coach motorized dwelling, tent trailer, or boat trailer may be parked or stored on any lot in a residence district provided that such equipment be not more than ten (10) feet in height measured from ground level to the highest point.

  • B. Only one (1) boat not to be in excess of thirty (30) feet in length may be stored in a residence district provided that such equipment be not more than fifteen (15) feet in height measured from ground level to the highest point.

  • C. No such major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.

  • D. Such recreation equipment must comply with the requirements of section 401, Accessory Buildings, but in no case may such equipment be located less than ten (10) feet from any side or rear lot line.

  • E. No major recreation equipment shall be stored out of doors in residence districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so within a six-month period.

• 503.7 Farm retail sales activity (farm accessory uses).

  • A. Purpose. The purpose of this subsection is to encourage farming and agricultural operations within the town by permitting, in addition to the principal agricultural activities conducted upon the site, retail sales of certain farm and farm-related products, farm enterprise, farm events and farm structure accessory uses.

  • B. General. Upon any farm, as defined in article 12, the retail sales activities listed below are permitted by right subject to development plan review pursuant to the subdivision and land development regulations. These retail sales activities shall be permitted in addition to retail sales of farm products normally associated with the operation of a farm, and raised or produced on the premises. Where special circumstances exist that are particular to the site in question, relief from any requirement of this subsection 503.7 shall be available only by special use permit provided that the conditions in article 9 of this ordinance are met.

    • 1. Sale of vegetative products not raised on the premises (see subsection C., below);

    • 2. Sale of manure produced on the premises only;

    • 3. Sale of mulch composed of vegetative origin, such as bark mulch. For a farm (large) a maximum (total) of five hundred (500) cubic yards of all types of mulch (including top soil/loam and compost) may be stored on the premises at any one time. For a farm (intermediate) a maximum (total) of three hundred (300) cubic yards of all types of mulch may be stored on the premises at any one time. For a farm (small) the maximum total storage of all mulch varieties is one hundred fifty (150) cubic yards. Sale of mulch composed of earth products such as stone, sand or gravel shall be prohibited. The farm operator shall indicate the location and extent of the mulch storage areas on the site plan submitted for the property during development plan review. Such storage shall not be located within any required setback from property lines and the planning board shall have the ability to require that such areas be screened from abutting residential properties and/or public rights-of-way.

    • 4. Retail sales of farm-related products as defined in article 12.

    • 5. Sale of timber or other wood products from raw material grown on the site. The processing of wood, including cutting, sawing, stacking and drying shall be allowed for raw material grown on the site and specifically excluding trees brought in from off the site.

Retail sales of products on a farm as permitted by this ordinance may take place (1) outdoors anywhere upon the lot constituting the premises of the farm; or (2) within a farm retail sales building (see subsection D., below) located on the premises of the farm; or (3) at a farmstand (see subsection E., below) or (4) farm structures used for farm enterprise activities or uses (see subsection F., below).

• • C. Sale of vegetative products not raised on the farm premises. Upon any farm, as defined in article 12, the sale of vegetative farm products not raised on the premises shall be permitted, in addition to sale of any farm products raised or produced upon the farm premises itself. The purpose of this provision is to permit vegetative farm products grown, produced or raised off premises to be sold upon any farm anywhere in the town. Sale of such imported vegetative products, if conducted out of doors, shall not be limited in terms of area, location or extent. Such products may also be sold within a farm retail sales building or farmstand, as defined herein.

As used in this subsection, the term vegetative products shall mean any farm product of horticultural origin, including, but not necessarily limited to fruits, vegetables, live trees, Christmas trees, shrubs, firewood, sod, hay, and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, fish or other seafood, bees, or the like. This prohibition shall not apply to locally produced products or goods certified as locally grown by RIDEM, division of agriculture. Also excluded from this definition are forest products including lumber, logs or similar building materials.

• • D. Farm retail sales building. A farm retail sales building is a single building or group of buildings located upon a farm, the principal use of which is the sale of farm or farm-related products at retail to the general public.

Retail sales may be conducted upon a farm (1) within a principal dwelling; or (2) within a barn, storage shed or similar accessory farm building; or (3) within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed 1,200 square feet per farm (small). Definition "farm, intermediate" may be permitted a farm retail sales building not to exceed 2,000 square feet. Definition "farm, large" may, subject to the issuance of a special use permit by the zoning board of review, be permitted a farm retail sales building greater than two thousand (2,000) square feet but not exceeding five thousand (5,000) square feet in floor area devoted to retail use.

A barn or garage shall not be considered to be a farm retail sales building if no retail sales are conducted anywhere within the building and if such buildings are not open to the public. Greenhouses used for the growing and holding of plants from seed, bulbs, roots and cuttings to a salable product may be open and accessible to the public for viewing, selecting and bringing plants to the farm retail sales building to complete the sale of the selected plants.

Within any such farm retail sales building, storage areas not open to the public shall not be counted toward the maximum floor area per farm, provided that all such areas shall be clearly identified and marked as such. If any portion of a farm retail building is open to and accessible by the public (excluding greenhouses) it shall be counted toward the maximum area permitted per type of farm.

In addition to the sales listed in subsections B. and C., above, the following types of retail sales of food and farm-related products are permitted within a farm retail sales building (indoor sales only):

• • • 1. Sale of food. Sale of food or food products within a farm retail sales building is permitted as follows:

      • (a) Prepared food items such as baked goods, canned goods, preserves, herbs and the like may be sold, provided all food preparation and cooking is conducted upon the farm and within a kitchen licensed by the state.

      • (b) Fresh or frozen meats, prepared or smoked meats, poultry or other perishable foods raised or produced on the farm premises may be sold, but the sale of freshly cooked meats or poultry is specifically prohibited. Slaughterhouses are also prohibited.

      • (c) All food shall be prepared and packaged upon the farm premises.

      • (d) Prepared food items sold to the public may be consumed by the public on the premises, however no seating areas for food consumption may be provided.

    • 2. Sale of farm-related products. All such products, as defined in article 12, may be sold indoors only within a farm retail sales building, provided that the floor area devoted to such sales does not exceed twenty-five (25) percent of the total floor area of the farm retail sales building(s).

  • E. Farmstand. A farmstand is a rustic, freestanding structure or vehicle used only for the seasonal sale of farm products as permitted by this ordinance. Farmstands may be structures or may be motor vehicles, wagons or trailers.

Farmstand structures, other than motor vehicles, shall not exceed three hundred (300) square feet in total floor area and fifteen (15) feet in height. Farmstands may provide self-service customer access to goods for sale within the farmstand structure subject to compliance with applicable life safety codes. Yard setbacks shall be regulated by the appropriate dimensional regulations for accessory structures as provided in section 401.

The floor area devoted to a farmstand shall be considered to be in addition to any floor area permitted for a farm retail sales building in subsection D., above.

Electricity may be provided to any farmstand structure. Motorized vehicles may be provided with batteries as required for normal operation of a motor vehicle, but any electric service under this subsection shall not be used for signs, or outdoor lighting.

• • F. Farm enterprise uses. Subject to development plan review approval farm structures and grounds may be utilized for farm enterprise uses (parking must be provided in accord with the requirements of article 7, see also definition "farm enterprise"). Such uses shall not be counted toward the allowable square footage in a farm retail sales building.

  • G. Farm events. Subject to development plan review (DPR) approval, for each category of event, farm structures and grounds may be used to host farm events as an accessory use to the principal use of the premises for agricultural purposes. Parking must be provided in accordance with the requirements of article 7 (see also definition "farm events"). Such uses shall comply with all applicable state or local licensing requirements and shall not be counted toward the allowable square footage in a farm retail sales building. Prior to DPR consideration of any proposed farm event use or uses, the application shall be reviewed by the town's traffic and transportation review committee (T ² RC). The T ² RC shall provide advisory recommendations to the planning board to assist its formal review. The applicant shall provide postcard notice to property owners within two hundred (200) feet of the area that is proposed for the activity and parking facility to support the farm events. Said notice shall be mailed not less than seven (7) days prior to the planning board's development plan review consideration.

  • H. Location. Farmstands and farm retail sales buildings are permitted only upon the premises of a farm owned or leased by the licensee pursuant to subsection K. below.

  • I. Signs. One (1) freestanding or wall-mounted sign each shall be permitted in any zoning district to identify a farm retail sales building or a farmstand, up to a maximum of two (2) signs per farm. The maximum area of each sign shall be twelve (12) square feet (per side, if freestanding).

  • J. Off-street parking and loading. Off-street parking for farm retail sales buildings and farmstands shall be one (1) space per one hundred (100) square feet floor area devoted to retail sales, with a minimum of five (5) spaces provided. All such parking areas shall be set back at least ten (10) feet from the paved portion of the street and shall be physically restricted or channeled on the lot to define a readily recognizable driveway between the highway and the parking area, and to prevent parking directly along highway shoulders. Parking areas for farm retail sales buildings and farmstands do not need to be paved.

There are no minimum off-street loading requirements for farm retail sales buildings or farmstands.

• • K. Farm sales license required. All farm retail sales activities shall be required to obtain an annual farm sales license from the town. As a prerequisite for issuance of an annual farm sales license, licensees shall be required to furnish proof of the following:

    • 1. That the licensee is a "farmer," as defined in article 12; and

    • 2. That the premises proposed for use for farm retail sales activity qualifies as a "farm," as defined in article 12; and

    • 3. That the licensee is the owner or lessee of the farm premises proposed to be used for the farm retail sales activity; and

    • 4. That all necessary zoning approvals and any other necessary permits have been received.

No more than one (1) license shall be issued annually for retail sales activity upon any single farm as herein defined. Provided, however, that an individual farmer may be issued any number of annual permits for each separate farm he/she owns or leases.

• 503.8. Customary home occupation.

  • A. One (1) customary home occupation shall be permitted within a principal residence, or as an accessory structure on the same lot as a principal residence, provided that it meets all of the requirements as set forth herein.

  • B. The customary home occupation shall be:

    • 1. Conducted as an accessory use in the resident's dwelling unit or accessory structure;

    • 2. Carried on by a member of the family residing in the dwelling unit on the same lot;

    • 3. Clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

    • 4. Performed by the resident and no more than one (1) person not a resident member of the family shall be employed in the home occupation.

  • C. The customary home occupation shall meet all of the following performance standards.

    • 1. The home occupation shall use no more than three hundred (300) square feet of floor area.

    • 2. There shall be no exterior display, no exterior sign (except as permitted under article 8), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building; and such activity shall not be visible from a lot line.

    • 3. No vibration, smoke, dust, odors, heat or glare or offensive noise shall be produced.

    • 4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

    • 5. Any parking required for the conduct of such home occupation shall be provided off the street and not in a required front yard.

    • 6. There shall be no direct retail sale of goods from the site of the home occupation.

• 503.9. Accessory solar energy systems.

  • A. Accessory solar energy systems, defined as any solar energy system that is incidental and subordinate to the principal use(s) of the parcel or development and is either (1) entirely roof-mounted or (2) generates no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel, shall be permitted in the zones indicated in section 301.

  • B. Accessory solar energy systems in the OS and Special Flood Hazard Area Overlay zones shall be roof-mounted only.

  • C. New or expanded accessory ground-mounted solar energy systems greater than one thousand seven hundred fifty (1,750) square feet in size, inclusive of inter-row and panel/collector spacing, shall be subject to development plan review. The development plan review of new or expanded ground-mounted accessory solar energy systems of forty thousand (40,000) square feet or more in size, inclusive of inter-row and panel/collector spacing, shall include a public hearing, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regulations. Roof-mounted solar energy systems proposed on new structures or on additions to existing structures shall be reviewed according to the review procedure established by this ordinance for the structure or addition. Development plan review shall be conducted pursuant to the provisions of section 505.1, and the town subdivision and land development regulations. The review procedure for accessory solar energy systems is summarized in the following table:

ACCESSORY SOLAR ENERGY SYSTEMS

 

• • D. Ground-mounted accessory solar energy systems shall be sized to generate no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel. Ground-mounted solar energy systems that generate more energy than stated above shall be classified as major or minor solar energy systems, based on the size of the system, and shall be governed by the requirements of section 510.

  • E. At the time of application for a building permit or development plan review, as is applicable pursuant to this section, the applicant must demonstrate that the ground-mounted accessory solar energy system has been designed to produce no more than one hundred twenty-five (125) percent of the energy that is necessary to support the other uses occupying the parcel. On parcels with existing principal use(s), the applicant shall provide the energy consumption documentation for the use(s) for the previous three-year period. For new single-family and duplex residential dwellings proposing accessory solar arrays, the applicant shall provide an estimate of electrical usage based on data received from the utility company. For all other new principal use(s), the applicant shall provide an estimate of electrical usage for the use(s), prepared and certified by an electrical engineer.

  • F. Accessory solar energy systems shall not be constructed, installed, or modified as provided in this section before a building permit is obtained.

  • G. Ground-mounted accessory solar energy systems shall meet the applicable dimensional and site design requirements of section 401 and section 510.5, unless an alternative requirement is contained within this section.

  • H. Accessory ground-mounted solar energy systems in residential zones shall require twice the accessory structure setbacks required by section 401 for the zoning district in which they are located. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.

  • I. In residential zones, electrical lines and connections from the principal dwelling to the accessory ground-mounted solar energy system shall be installed underground.

  • J. Roof-mounted solar energy systems shall not exceed the height requirements prescribed by the zoning district in which they are located.

  • K. On flat roofs, accessory solar energy systems shall be set back from the edge and/or behind architectural features to be minimally visible. Panels and devices may be set at a pitch and elevated, if not visible from public streets. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline.

• 503.10. Temporary storage containers on residential properties.

  • A. The permanent use of storage containers on a property with a residential use, as identified in section 301, table of uses, use codes 10 through 16.2, is prohibited. A temporary storage container on such properties is only allowed in accordance with this section. A "storage container" as used in this section, means a prefabricated relocatable steel building, box trailer or shipping or cargo container.

  • B. One (1) storage container shall be permitted as of right on a residential property, as referenced in subsection A, for a single period of no longer than sixty (60) days as a temporary use by the property owner. During that sixty-day period, a property owner may apply to the zoning board for a special use permit to maintain the storage container for an extended period of time, in accordance with section 504.16.

  • C. Storage containers shall comply with setbacks for accessory structures.

  • D. Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.

• 503.11. Temporary use of dumpsters on residential properties.

  • A. The permanent use of a dumpster on a property with a single-family or two-family use falling under use codes 10, 11, 12.4, and 12.5 in section 301, table of uses, is prohibited. A temporary dumpster on such properties is only allowed in accordance with this section.

  • B. Any person, corporation, partnership or any other entity requiring the use of a temporary dumpster shall, prior to placing a dumpster on public or private property for any period of time, obtain a dumpster permit from the building official. Said permit shall specify the size of the dumpster, location and the name and phone number of the dumpster company and the length of time that said dumpster may be used on the said public/private property. A dumpster permit issued under this section that is obtained in connection with a building permit is valid for one hundred eighty (180) days from the date of issuance. All other dumpster permits issued under this section are valid for thirty (30) days from date of issuance. Each permit is renewable once. After a renewal permit has expired, a ninety-day waiting period is required before another dumpster permit can be issued.

  • C. Minimum standards. Any dumpster used pursuant to a permit issued under this section shall meet the following standards:

    • 1. The dumpster shall be painted so as to be reasonably resistant to rust and corrosion.

    • 2. The name and telephone number of the dumpster owner shall be clearly painted on at least two (2) sides, except when opened for deposit or servicing.

    • 3. Dumpsters less than twenty (20) cubic yards in size shall be capable of being closed on all sides, except when open for deposit and servicing.

    • 4. Dumpsters greater than (20) cubic yards in size shall be capable of being secured so as to prevent the spillage or overflow of material from the container.

    • 5. Dumpsters shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.

    • 6. Dumpster placement must meet accessory structure setbacks for the zoning district where the property is located.

    • 7. Dumpsters shall be maintained with a frequency sufficient to prevent spillage or overflow, to prevent the buildup of offensive odors, and to prevent a public hazard. The responsibility for the maintenance and servicing of dumpsters shall rest with the property owner. The maintenance of dumpsters shall include the cleanup and removal of all litter thrown or left on the dumpster premises to prevent litter from drifting or blowing on to adjacent premises.

    • 8. Dumpsters shall only be used for construction and/or household or commercial debris. Decomposable matter shall not be disposed of in these dumpsters.

• 503.12. Dumpsters generally.

  • A. The use of dumpsters on any property not covered by section 503.11 shall require administrative review by the building official for compliance with the following standards:

    • 1. The dumpster shall be screened on all sides by either shrubs or an opaque fence/gate.

    • 2. The dumpster shall be capable of being covered and secured.

    • 3. The dumpster shall not be placed in a manner that occupies required off-street parking or impedes traffic flow.

    • 4. The dumpster shall not be placed in the front yard and shall be set back twenty (20) feet from any residential property and ten (10) feet from all other properties.

    • 5. The dumpster shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.

  • B. When the proposed use of a property receiving review by the planning board will require a dumpster, the dumpster shall be depicted on the plan(s) presented to the board. In addition to the requirements imposed by subsection A, the planning board may impose any additional requirements it deems necessary to mitigate the impact of the dumpster.

(Ord. of 7-23-01; Ord. of 7-28-03; Ord. of 8-23-04; Ord. of 11-28-05(2); Ord. of 11-13-06; Ord. of 4-8-13; Ord. of 6-12-17; Ord. of 10-15-19(1); Ord. of 10-15-19(2))