Preamble

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.