Special Flood Hazard Area (SFHA) Overlay District

• 601.1. Establishment of district.

There is hereby established a Special Flood Hazard Area (SFHA) Overlay District, the boundaries of which are shown on the official zoning map. The SFHA Overlay District is delineated by the boundary and overall extent of the special flood hazard areas identified and shown on Federal Emergency Management Association (FEMA) Flood Insurance Rate Maps (FIRMs). These areas include all zones identified as 'A', 'AE', and 'VE' Flood Zones representing the areas with a one (1) percent annual chance of flooding. The one (1) percent annual chance flood is also referred to as the base flood or one hundred-year flood. The provisions of this ordinance shall apply to all lands located within the SFHA Overlay District.

• 601.2. Purpose.

The purpose of the Special Flood Hazard Area (SFHA) Overlay District is to ensure public safety, to minimize hazards to persons and property from recurring and dynamic flooding, to protect the health, safety, and general welfare of the residents of South Kingstown, and to require resilient development within at-risk coastal and riverine areas. Regulation of new development and significant alterations to existing structures within the district provides for orderly growth and development that recognizes the natural characteristics of the land and the values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands.

• 601.3. Definitions.

For the purpose of this section, the following phrases shall be defined as provided below:

Coastal Barrier Resources System. The Coastal Barrier Resources Act (CBRA) was passed by Congress in 1982 to encourage conservation of hurricane-prone, biologically rich coastal barriers, which are referred to as the units within the Coastal Barrier Resources System (CBRS). CBRA prohibits most new federal expenditures that encourage development or modification of coastal barriers. Therefore, most new or substantially improved residences, businesses, or other developments in the CBRS are not eligible for certain federal funding and financial assistance, including coverage under the National Flood Insurance Program (NFIP). Development can still occur within the CBRS, as long as private developers or other non-federal parties bear the full cost. CBRS boundaries are shown on maps that were originally adopted by Congress, and with few exceptions, only Congress can change the CBRS boundaries. These CBRS areas, herein referred to as CBRS units, are shown on maps maintained by the U.S. Fish and Wildlife Service.

Cumulative improvement value. Within a Special Flood Hazard Area, the cumulative value of all improvements made to a structure that did not, or does not, meet the building code requirements for construction within the flood zone, whether or not substantially damaged or substantially improved, as determined by the building official, over the most recent five-year period.

Development project. New construction of a structure intended for occupancy, substantial improvement of a structure, as determined by the building official, repair and/or renovation of a substantially damaged structure, as determined by the building official, or any improvement of a structure that has a cumulative improvement value equal to or exceeding fifty (50) percent of the value of the structure.

• 601.4. Establishment of base flood elevation.

Pursuant to G.L. § 45-24-31, any structure located within a SFHA, as depicted on the official FEMA FIRM, shall have building height measured from base flood elevation (BFE). Building permit applicants may choose to utilize the BFE required by the FIRM, including up to an additional five (5) feet of freeboard, or may choose to establish BFE using one (1) of the coastal resource management council (CRMC) design elevation maps. Each CRMC Design Elevation Map depicts a specific level of anticipated sea level rise and provides recommended design flood elevations for structures, or in other words, the elevation at which a building should be constructed to withstand a once in hundred-year storm event given the amount of sea level rise depicted on the specific map. Utilization of CRMC's Design Elevation Maps to establish BFE is intended to increase the ability of the structure to withstand future storm surge conditions, therefore increasing coastal resiliency and further protecting public health and safety.

• 601.5. Applicability.

  • A. Development projects, as defined in section 601.3, located within the Special Flood Hazard Overlay District which use the BFE identified on FEMA FIRMs utilizing allowable freeboard (one (1) foot minimum up to five (5) feet maximum) shall be subject to the provisions of section 601.7.A.

  • B. Development projects, as defined in section 601.3, located within the Special Flood Hazard Overlay District which utilize a CRMC design elevation map to establish BFE and where the design elevation chosen is greater than five (5) feet above the FEMA BFE shall be subject to the provisions of section 601.7 and be permitted only upon issuance of a special use permit by the South Kingstown Zoning Board of Review, as required by section 601.6.A. The purpose of requiring a special use permit for such development projects is to ensure appropriateness and consistency of construction activities with the sea level rise scenario depicted on the selected CRMC map.

  • C. Select construction activities, as defined in section 601.6.B, located within a coastal barrier resources system (CBRS) unit, shall be permitted only upon issuance of a special use permit by the South Kingstown Zoning Board of Review. The purpose of requiring a special use permit for such activities is to ensure appropriateness of construction activities within CBRS units. All CBRS units are located within the Special Flood Hazard Overlay District.

  • D. For the purposes of this section, development projects that have received a completed CRMC preliminary determination and/or an approval of an onsite wastewater treatment system application from the Rhode Island Department of Environmental Management (RIDEM) on or before February 28, 2019 shall be exempt from the development standards outlined in section 601.7.B.

• 601.6. Special use permits.

  • A. Development projects utilizing a CRMC map to establish BFE. Within the SFHA Overlay District, in addition to the standards set forth in section 907, the zoning board of review shall only grant a special use permit for a development project that utilizes a CRMC design elevation map to establish BFE upon submittal of credible evidence by the applicant, to the satisfaction of the board, that the following standards have been met:

    • 1. The structure shall maintain land-based, adequate vehicular access to U.S. Route 1 along an existing roadway, with the projected amount of sea level rise inundation depicted on the design elevation map utilized to establish BFE. The applicant must use CRMC's sea level rise maps to demonstrate maintained vehicular access.

    • 2. The footprint of the proposed structure lies completely outside of any land area that is below the mean high-water mark with the projected amount of sea level rise depicted on the selected design elevation map utilized by the applicant to establish BFE. The applicant must use CRMC's maps to demonstrate that no portion of the building will lie above an area projected to be inundated by sea level rise.

    • 3. The structure will be serviced by an approved onsite wastewater treatment system (OWTS) that will function compliantly with the projected amount of sea level rise depicted on the design elevation map utilized to establish BFE. Submitted evidence must include a certification from a Rhode Island registered professional engineer and RIDEM licensed OWTS system designer that the OWTS is anticipated to remain compliant at the projected level of sea level rise.

    • 4. The structure will be adequately serviced by public potable water or a private potable water supply approved by RIDOH. All private wells shall be located completely outside of any land area that is below the mean high-water mark with the projected amount of sea level rise depicted on the selected design elevation map utilized by the applicant to establish BFE.

    • 5. The structure shall be constructed with the foundation type required by the state building code for the flood zone projected by CRMC to be in effect with the projected amount of sea level rise depicted on the design elevation map utilized to establish BFE. CRMC's design elevation maps provide the projected flood zone given the amount of sea level rise indicated; development projects shall utilize the foundation type required by the state building code which conforms to the projected flood zone.

    • 6. For development projects proposed within CRMC's jurisdiction, the project has received a Preliminary Determination from CRMC, and all recommendations included in the preliminary determination have been addressed to the satisfaction of the zoning board.

  • B. Select construction activities located within a CBRS unit.

    • 1. Within a CBRS unit, the zoning board of review shall only grant a special use permit for the construction activities outlined below upon submittal of credible evidence by the applicant, to the satisfaction of the board, that the following additional standards have also been met:

      • (a) Indoor and/or outdoor recreation facility owned and operated by a nonprofit neighborhood association. Before any special use permit shall be granted permitting the use of land for an indoor and/or outdoor recreation facility owned and operated by a nonprofit neighborhood association, the applicant shall, in addition to complying with all other requirements for the granting of special use permits as set forth elsewhere in this ordinance, show to the satisfaction of the board that the proposed recreation facility is located:

        • (1) Within the same geographical area from which such neighborhood association's membership is derived, and

        • (2) On a lot of record which is contiguous to other lots of record owned by members of the association. For the purposes of this section, lots which are separated by a street shall be construed to be contiguous to each other.

      • (b) Individual beach cabanas, dressing rooms, or bathhouses, limitations. Individual beach cabanas, dressing rooms, or bathhouses permitted by special use permit under the provisions of article 3, shall be:

        • (1) No larger than one hundred (100) square feet in floor area.

        • (2) No more than fifteen (15) feet in height.

        • (3) Used for daytime occupancy only.

        • (4) Not designed for use as dwellings.

        • (5) Limited to one (1) such individual beach cabana or dressing room or bathhouse per lot.

    • 2. The zoning board of review shall have the ability to condition any granted special use permit as necessary to ensure the above findings are met. Such conditions may include, but not be limited to, the following:

      • (a) Modification of waste disposal and water supply facilities.

      • (b) Limitations on periods of use and operation.

      • (c) Imposition of performance standards, operational controls and sureties.

      • (d) Requirements on the location, construction, durability and safety of roads, driveways, parking areas and access routes.

    • 3. At a minimum, every special use permit granted pursuant to this section shall be conditioned on the construction conforming to the state building code requirements of the projected flood zone, as outlined in subsection A.5., above.

• 601.7. Development standards and dimensional requirements.

When considered as part of a development project (as defined in section 601.3.C), the following height standards shall apply to the Special Flood Hazard Area Overlay District, except as provided in A and B below.

• • A. Maximum Building Height.

    • 1. No structure shall exceed the following height measurements:

      • (a) Structures that are elevated to a distance above grade of less than or equal to five (5) feet shall be limited to thirty-five (35) feet of building height;

      • (b) Structures that are elevated to a distance above grade of greater than five (5) feet but less than or equal to ten (10) feet shall be limited to thirty (30) feet of building height;

      • (c) Structures that are elevated to a distance above grade of greater than ten (10) feet but less than or equal to fifteen (15) feet shall be limited to twenty-five (25) feet of building height.

      • (d) Structures that are elevated to a distance above grade of greater than fifteen (15) feet shall be limited to twenty (20) feet of building height.

    • 2. No part of any structure shall exceed the maximum height listed above except for those exclusions listed in the definition of "building height" in article 12.

  • B. Development Standards.

    • 1. Properties for which any portion of any principal building footprint lies within the SFHA Overlay District shall not be limited to a maximum building lot coverage percentage as defined by section 401. Instead, building size shall be determined by floor area ratio (FAR) and maximum deck area (MDA) as described below:

      • (a) For all properties located within the SFHA Overlay District, the maximum amount of livable space shall be determined by using an FAR of three-tenths (0.30) to calculate the maximum allowable GFA for the parcel.

      • (b) For all properties located within the SFHA Overlay District, the maximum amount of total deck area (MDA) shall be no greater in size than fifteen (15) percent of the calculated maximum allowable GFA for the parcel.

      • (c) For properties with more than one (1) principal structure, i.e. multi-households, all structures shall share the total allowed GFA and MDA for the parcel. In such cases, the maximum allowable GFA and MDA for each principal structure shall be equal to the maximum GFA or MDA divided by the number of principal structures on the parcel, as applicable. This requirement may be modified only when two (2) or more structures on a multi-household parcel are being simultaneously improved, have applied for simultaneous special use permits (or a single special use permit for the applicable structures), and the total GFA of the structures combined does not exceed the maximum GFA allowed for the parcel. In such cases, the GFA and/or MDA may be unevenly distributed between structures.

    • 2. For lots with rear lot lines abutting a coastal feature, applicants may propose the minimum front-yard setback to be the average setback of those parcels located within two hundred fifty (250) feet of the parcel on the same side of the street, in both directions.

Example Table: Maximum Gross Floor Area and Floor Area Calculations

 

* Integrated decks located within the footprint of the structure shall not count toward the MDA calculation.

• • C. Inapplicability to certain development projects. Notwithstanding A and B above, the standards in this section shall not apply to:

    • 1. Nonresidential zoning districts. The standards established in this section shall not be applied to development projects wholly within a commercial (CD, CW), industrial (I-1, I-2, I-3), government and institutional (GI), and public marina special management district (PMSMD) zoning districts.

    • 2. Coastal Community Overlay District. The standards established in this section shall not apply to development projects located wholly within a coastal community overlay district (section 608).

    • 3. For the purposes of this section, the standards established in this section shall not apply to development projects that have received a completed CRMC preliminary determination and/or an approval of an onsite wastewater treatment system application from the Rhode Island Department of Environmental Management (RIDEM) on or before February 28, 2019.

  • D. Other than described in A and B above, nothing in this section shall be construed as to modify any dimensional requirements established elsewhere in this ordinance.

(Ord. of 2-25-19(1); Ord. of 7-22-19(1))