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Tiverton
Town of Tiverton Zoning Ordinance
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§ V-4

Building height and limitation on fill and cut

  • (a) Building height.

    • 1. For a proposed new building on a vacant parcel of land, building height shall be measured from the average existing grade elevation where the foundation of the structure is proposed. See Figure 1-1.

    • 2. For an existing structure, building height shall be measured from the average existing grade taken from the outermost four corners of the existing foundation.

    • 3. The permitted finished grade shall be in accordance with article V, section 4(b).

    • 4. In all cases, building height is measured to the top of the highest point of the existing/proposed roof or structure.

      • a. This calculation does not include architectural features, church spires, chimneys, flagpoles, antennas, and weathervanes. Also, this calculation does not include roof-mounted solar energy systems, plumbing, electrical, heating, ventilating and air-conditioning mechanical equipment, provided it does not exceed four feet from the highest point of the roof where it is located. Finally, this calculation does not include that portion of a building necessary to accommodate an elevator overrun, provided it does not exceed four feet from the highest point of the roof where it is located.

    • 5. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

      • a. The base flood elevation ("BFE") on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation (see Figure 1-2), or

      • b. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary (see Figure 1-3).

In no case shall any designated freeboard or any area beneath either the BFE or design elevation in a flood zone be used as habitable space or for any use other than storage, parking of vehicles or means of egress.

      • c. Maximum building height.

        • i. No structure in a special flood hazard area shall exceed the following height measurements:

          • 1. Structures that are elevated to a distance above grade of less than or equal to five feet shall be limited to 35 feet of building height;

          • 2. Structures that are elevated to a distance above grade of greater than five feet but less than or equal to ten feet shall be limited to 30 feet of building height;

          • 3. Structures that are elevated to a distance above grade of greater than ten feet but less than or equal to 15 feet shall be limited to 25 feet of building height;

          • 4. Structures that are elevated to a distance above grade of greater than 15 feet shall be limited to 20 feet of building height.

    • 6. If a structure is built in an area with a grade cut, the building height shall be measured from the finished grade after the grade cut.

Figure 1-1
Building Height (not in a special flood hazard area)
 Building Height = X

Figure 1-2
Building Height (in a special flood hazard area using the FEMA FIRM Map exclusion)
 Building Height = X − ((Z + Y) − A)

Figure 1-3
Building Height (in a special flood hazard area using the CRMC exclusion) Building Height = X − (C − A)

  • (b) Limitation on fill and cut.

    • 1. The finished grade surrounding a building may be adjusted to a level not to exceed four feet above or below the average of the existing elevation of the existing grade at the proposed four corners of the building.

    • 2. For any property located in a Coastal A or VE Flood Zone, the finished grade may be adjusted to a level not to exceed two feet above or below existing grade throughout the property.

    • 3. The adjustment of grade on a vacant or undeveloped portion of a lot may be cut or filled by right up to four feet. The adjustment of grade cut or fill, on any lot which exceeds four feet shall require a land disturbance permit including plans stamped by a registered professional engineer in the State of Rhode Island and be approved by the town engineer.

In all cases, fill above existing grade shall be deducted from building height.

(Ord. No. 2025-0001, § 5, 2-24-25)