Supplementary dimensional regulations
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:
|
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 |
| N/A | Accessory Apartment (see subsection 503.2) |
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 ProvidedPermitted
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:
| 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 |
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))