In accordance with Tile 45, Chapter 24 of the General Laws of
Rhode Island, 1956, as amended, the following Zoning Ordinance is
hereby adopted by the Town Council of the Town of West Greenwich effective
December 15, 1994. All ordinances and amendments, or parts of ordinances
and amendments, which are inconsistent herewith are hereby repealed.
[Amended 2-15-2023]
Except as may be specifically provided hereinafter, no land shall be used and no building, structure, or sign shall be erected, modified, enlarged, or used unless such action conforms to all of the applicable provisions of this chapter. Every building, structure, or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this chapter, and in no event shall there be more than one residential building, together with accessory structures, on one lot; provided, however, that accessory dwelling units may be permitted as set forth in Article
XXIV.
[Amended 10-11-2017; 11-8-20177-11-2018]
In order to clarify and simplify the wording, to eliminate ambiguity
and to avoid unnecessary delay in interpretation and application of
this chapter, certain words, terms and phrases used herein shall be
interpreted as follows. Where any words and phrases are also or additionally
defined in R.I.G.L. § 45-24-31, the definitions found in
state law are controlling.
ACCESSORY DWELLING UNIT (ADU)
A residential living unit on the same parcel where the primary
use is a legally established single-unit or multi-unit dwelling. An
ADU provides complete independent living facilities for one or more
persons. It may take various forms, including, but not limited to:
a detached unit; a unit that is part of an accessory structure, such
as a detached garage or barn; or a unit that is part of an expanded
or remodeled primary dwelling. An ADU may be included as part of an
application for construction of a new primary dwelling unit.
[Added 2-15-2023]
ACCESSORY STRUCTURE
A structure located on the same lot as a principal structure
but separate from the principal structure, the use of which is clearly
incidental and secondary to the principal structure and which is customarily
used in connection with the principal structure.
ADAPTIVE REUSE
The conversion of an existing structure from the use for
which it was constructed to a new use by maintaining the elements
of the structure and adapting such elements to a new use.
[Added 12-13-2023]
ADULT ENTERTAINMENT
A.
Includes:
(1)
Any commercial establishment where, for any form of consideration,
magazines, films, motion pictures, videocassettes, slides or other
similar visual photographic representations are regularly shown which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas. "Commercial establishment"
also includes any place of business that features persons who perform
live and expose any specified anatomical area or appear in any state
of nudity, including seminude.
(2)
Any commercial establishment, bookstore, video store or novelty
store where at least 20% of the in-store inventory that is held for
sale or rental, for any form of consideration, includes any books,
videos, magazine, film or other visual photographic representations
which are or may be characterized by the depiction or description
of specified sexual activities or specified anatomical areas. The
descriptions provided within shall serve as examples and are not meant
to be exhaustive.
(3)
Any store or commercial establishment that sells or rents, for
any form of consideration, any in-store inventory including instruments,
devices, or paraphernalia that may be designed for or may be used
in connection with specified sexual activities.
B.
An adult entertainment business may have other principal purposes
that do not involve the activities or materials described above. However,
such purposes shall not have the effect of preempting the commercial
businesses from being categorized as adult entertainment so long as
the depiction or description of specified sexual activities or specified
anatomical areas remains one of the principal purposes.
AIR-SUPPORTED STRUCTURE
(Also known as "air-inflated structures," "air domes," or
"membrane structures"). A temporary or permanent structure made from
a membrane-like fabric either fully or partially supported by air
pressure. An air-supported structure typically has cable restraints,
anchoring supports, primary blowers, and/or backup inflation units.
Air-supported structures are generally used for warehouse or indoor
commercial recreation purposes.
CERTIFICATE OF COMPLETENESS
A notice issued by the administrative officer informing the
applicant that the application is completed and meets the requirements
of the regulations, and that the applicant may proceed with the approval
process.
ELDERLY AND/OR HANDICAPPED FAMILY APARTMENT
A one-bedroom apartment unit to be included as an integral
portion of a single-family dwelling that is designed for use by immediate
family members of the resident(s) of the main dwelling space, in order
to facilitate needed care and assistance and a degree of independent
living.
FARMER'S BREWERY
A brewery that is located on a farm of no less than five
acres and that produces beer which is manufactured with at least one
primary ingredient (hops or grain) grown on the farm and whose annual
production does not exceed 150,000 gallons of beer, and where customers
would have the opportunity to tour the farm and try small samples
(three ounces or less), and purchase bottles (of up to 64 ounces each)
to take home and consume off-site. A farm brewery may also sell beer
wholesale to retailers with the appropriate state license. A farm
brewery must have the appropriate state license to operate a brewery.
LOW- OR MODERATE-INCOME HOUSING
This term shall be synonymous with "affordable housing" as
defined in R.I.G.L. § 42-128-8.1, and further means any
housing whether built or operated by any public agency or any nonprofit
organization or by any limited equity housing cooperative or any private
developer, that is subsidized by a federal, state, or municipal government
subsidy under any program to assist the construction or rehabilitation
of affordable housing and that will remain affordable through a land
lease and/or deed restriction for 99 years or such other period that
is either agreed to by the applicant and Town or prescribed by the
federal, state, or municipal government subsidy program but that is
not less than 30 years from initial occupancy.
[Added 12-13-2023]
MICROBREWERY
A facility for the production and packaging of malt beverages
of low alcoholic content for wholesale distribution with a capacity
of less than 15,000 barrels per year and may include a tasting room
open to the public.
MICRODISTILLERY
A facility for the production and packaging of alcoholic
beverages in quantities not to exceed 12,000 gallons per year and
may include a tasting room open to the public.
MICROWINERY
A facility for the production and packaging of any alcoholic
beverages obtained by the fermentation of the natural contents of
fruits or vegetables, containing sugar, including such beverages when
fortified by the addition of alcohol or spirits, in quantities not
to exceed 25,000 gallons per year and may include a tasting room open
to the public.
MULTIFAMILY DWELLING
A building consisting of three or more separate dwelling
units and/or townhouses, row houses, apartments and/or condominiums
to be owned, leased or rented by individuals and/or families. A multifamily
dwelling includes low- or moderate-income housing pursuant to R.I.G.L.
§ 45-53-1 et seq.
QUARRY
A lot, or parcel of land, or portion thereof, which is used
for the primary or principal commercial purpose of extracting ledge,
bedrock, and similar material, as by cutting or blasting, for sale
or use at a site removed from the place of extraction.
SPECIFIED ANATOMICAL AREAS
Any of the following:
A.
The genitals of the human male which may be found in a discernibly
turgid state, even if completely and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, or a female breast below a point immediately above
the areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts; or
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy.
YARD
The area on the same lot with a principal building or structure
which is unoccupied and unobstructed by buildings or structures from
the ground to the sky, except as otherwise herein provided, and shall
include:
A.
FRONT YARD— The area extending across the full width of
the lot between a street line and a line parallel thereto drawn through
the nearest point of the principal structure.
B.
REAR YARD— The area extending across the full width of
the lot between the principal building and rear lot line, and measured
perpendicular from the rear lot line to the closest point of the principal
building.
C.
SIDE YARD— The area extending from the front yard to the
rear yard between the principal building and the side lot line, and
measured perpendicular from the side lot line to the closest point
of the principal building.
ZONING PERMIT
The permit required under the provisions of §
400-7B hereof to be issued by the Building Official to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines
of a highway, street, alley, railroad, watercourse or body of water
shall be construed to be center lines, or middle thereof, and/or such
boundaries indicated as approximately following Town limits shall
be construed as following such Town limits.
B. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C. Where a district line divides a lot which was in single ownership
at the time of passage of this chapter, the Board of Review may permit,
as a special use, the extension of the regulations for either portion
of the lot not to exceed 30 feet beyond the district line into the
remainder of the lot.
D. Boundaries indicated as following shorelines shall be construed to
follow such shorelines; and in event of change in the shoreline, shall
be construed as moving with the actual shoreline.
E. Boundaries indicated as parallel to or extensions of features indicated
in the above subsections shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale
of the map.
F. Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or are, in other
circumstances, not covered by the above subsections, the Board of
Review shall interpret the district boundaries.
R.I.G.L. § 45-24-42. General provisions - Special-use
permits
A. Special
use permits may be approved by the Zoning Board of Review as follows:
(1) The uses requiring special use permits in each district are indicated
in the Zone Use Matrix.
(2) The following describes the conditions and procedures under which
special use permits, of each of the various categories of special
use permits established in this chapter, may be issued:
(a)
An application for special use permit may be made by any person,
group, agency, or corporation by filing with the Zoning Enforcement
Officer or Zoning Board Clerk an application describing the request
and supported by such data and evidence as may be required by the
West Greenwich Zoning Board of Review. The Zoning Enforcement Officer
or Zoning Board Clerk shall immediately transmit each application
received to the West Greenwich Zoning Board of Review and shall transmit
a copy of each application to the Town Planner and the Planning Board.
(b)
Special use permit application. An application for a special
use permit shall be filed with the Town Clerk and Clerk for the Zoning
Board of Review, specifying the grounds for the application. The application
for the special use permit shall include plans and data describing
the site and proposed use and documentation in support of the application.
The application shall show the location and dimensions of the property
and the proposed use and any other information required by the application
form and as may be required by the Zoning Board of Review.
(3) The following criteria will be utilized by the West Greenwich Zoning
Board of Review for issuance of a special use permit. These criteria
are in conformance with the purposes and intent of the West Greenwich
Comprehensive Plan and the West Greenwich Zoning Ordinance. An applicant
shall demonstrate to the satisfaction of the Zoning Board, by presenting
competent legal evidence, that:
(a)
The proposed use and/or structure will be compatible with the
neighboring uses and will not adversely affect the surrounding neighbors'
use and enjoyment of their property;
(b)
The proposed use and/or structure will be environmentally compatible
with neighboring properties and the protection of property values;
(c)
The proposed use and/or structure will be compatible with the
orderly growth and development of the Town of West Greenwich, and
will not be environmentally detrimental therewith;
(d)
The best practices and procedures to minimize the possibility
of any adverse effects on neighboring property, the Town of West Greenwich,
and the environment have been considered and will be employed, including,
but not limited to: considerations of soil erosion, water supply protection,
septic disposal, wetland protection, traffic limitation, safety and
circulation;
(e)
The proposed use and/or structure will not result in or create
conditions that will be detrimental to the public health, safety,
morals and general welfare of the community; and
(f)
The purposes of this chapter, and as set forth in the West Greenwich
Comprehensive Plan, shall be served by said special use permit.
(4) An applicant may apply for, and be issued, a dimensional variance
in conjunction with a special use permit. If the special use could
not exist without the dimensional variance, the Zoning Board of Review
shall consider the special use permit and the dimensional variance
together to determine if granting the special use is appropriate based
on both the special use criteria and the dimensional variance evidentiary
standards.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B. Criteria
for the issuance of a special use permit for elderly and/or handicapped
family apartments.
(1) Purpose
and intent. The purpose and intent of this subsection shall be to:
(a)
Provide family-assisted housing for an immediate family member(s)
suffering a hardship who requires family support, while maintaining
some degree of independent living.
(b)
Allow a family to provide assistance and care to immediate family
members in a cost-effective manner that preserves an independent lifestyle
for the caregiver and the recipient.
(c)
Allow for design modifications as part of new construction or
renovation of existing single-family residential dwellings.
(d)
Address a legitimate need within the community which deals with
the needs of aging or handicapped family members by allowing a one-bedroom
apartment to be utilized as an integral component of the single-family
dwelling.
(2) Description
and regulation. All elderly and/or handicapped family apartments shall:
(a)
Be attached directly to the main single-family dwelling and
be fully accessible from such area.
(b)
Have all utilities connected through the main dwelling. Separate
utilities are specifically prohibited.
(c)
Have an interior living space consisting of a maximum of 500
square feet or 30% of the total square footage of the main dwelling
(whichever is greater), which may be designed to accommodate an independent
living arrangement. The Zoning Board, at its discretion, shall consider
a waiver of the maximum square footage requirement based on special
conditions as presented by the applicant.
(d)
Be considered an integral part of the main dwelling for purposes
of conformance to all zoning regulations.
(e)
Maintain the exterior appearance of a single-family dwelling.
(f)
Be constructed and located so that the apartment unit can be
converted to standard use as an integral portion of the main dwelling.
Such uses include, but are not limited to, bedrooms, dens, living
and storage areas.
(g)
Not be converted to, or used as, a rental apartment unit.
(h)
Not overburden the sewage disposal system (ISDS) (OWTS). New
construction shall include the apartment unit in calculating the size
and obtaining approval of an individual sewage disposal system (ISDS)(OWTS).
Renovation of an existing dwelling will be subject to review and may
require supplementary waste disposal provision and/or a change-of-use
application to the Rhode Island Department of Environmental Management
(DEM) ISDS Section.
(3) Application,
hearing, approval and appeal procedures.
(a)
An application for a special use permit shall be made jointly
by the property owner(s)/dwelling resident(s) and the individual(s)
who shall occupy an elderly and/or handicapped family apartment. The
application shall state the relationship between the applicants and
evidence of need for the specified living arrangement.
(b)
All applications shall be subject to review for conformance
with the purpose and intent of this subsection and with other relevant
provisions of this chapter.
(c)
Any change in the occupancy of the main dwelling or the family
apartment unit through demise, sale, vacancy, or change of ownership,
etc. shall cause the apartment unit to be converted to an integral
portion of the main dwelling. Any subsequent similar use as a family
apartment unit shall require a separate application and approval of
a special use permit.
(d)
The West Greenwich Zoning Board shall hold a public hearing on any application for a special use permit in an expeditious manner, after receipt, in proper form, of an application, and will require notification of the date, time, place, and purpose of the public hearing to interested parties. Public notice shall be given thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation. Notice of hearing shall be sent by first class mail to the applicant, and to all those who would require notice under §
400-16E of this chapter. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.
(e)
All recording of findings of fact and written decisions of the West Greenwich Zoning Board of Review shall be in conformance with §
400-14, Decisions and records of Zoning Board of Review.
(f)
Any appeals may be taken pursuant to §
400-15, Appeal of Zoning Board of Review action to Superior Court.
C. Criteria
for the issuance of a special use permit for adult entertainment shall
be as follows:
(1) The application for a special use permit pursuant to this subsection
shall provide the names and addresses of the legal owner of the establishment,
the legal owner of the property, and the manager of the proposed establishment.
(2) Location restrictions.
(a) No uses granted under this subsection shall be located within:
[1]
One thousand feet from the nearest residential zoning district;
or
[2]
One thousand feet from the nearest house of worship, school,
park, playground, play field, youth center, licensed day-care center,
or other location where groups of minors regularly congregate; or
[3]
Two thousand feet from the nearest adult entertainment establishment
or sexually oriented business use as defined herein; or
[4] One thousand feet from the nearest establishment serving alcohol.
(b)
The distance specified above shall be measured by a straight
line from the nearest property line of the premises on which the proposed
adult entertainment establishment or sexually oriented business use
is to be located to the nearest boundary line of a residential zoning
district or to the nearest property line of any of the other designated
uses set forth above.
(c)
In conjunction with dimensional variances an applicant may apply
for, and be issued, a dimensional variance with a special use. If
the special use cannot exist without the dimensional variance, the
Zoning Board of Review shall consider the special use permit and the
dimensional variance together to determine if granting the special
use is appropriate based on both the special use criteria and the
dimensional variance evidentiary standards.
[Amended 6-18-2018]
(3) All building openings, entries, and windows shall be screened in
such a manner as to prevent visual access to the interior of the establishment
by the public.
(4) No use shall be allowed to display for advertisement or other purposes
any sign, placards, or other like materials to the general public
on the exterior of the building or on the interior where the same
may be seen through glass or other like transparent material any explicit
figures or words concerning specified anatomical areas or sexual activities
as defined herein.
(5) No use permitted under this subsection shall be allowed to disseminate
or offer to disseminate adult matter or paraphernalia to minors or
suffer minors to view displays or linger on the premises. No one under
the age of 18 years shall be permitted on the premises.
(6) No use permitted under this subsection shall be established prior
to submission and approval of a site plan by the Planning Board. The
site plan shall depict all existing and proposed buildings, parking
spaces, driveways, and other uses. The site plan shall show the distances
between the proposed use and the boundary of the nearest residential
zoning district and property line of all other abutting uses.
(7) All uses permitted under this subsection shall comply fully with
all licensing requirements of the Town of West Greenwich, and all
rubbish, box containers, packages, trash, waste, or other debris generated
from the operation of such permitted adult entertainment business
shall be disposed of in a manner which is discreet and invisible to
passersby. Furthermore, such debris shall be stored in a padlocked
container until time of final disposal.
(8) Conditions. The Zoning Board of Review may impose reasonable conditions,
safeguards, and limitations on time or use of the special use permit
granted under this subsection and shall require that any such special
use permit granted herein shall be personal to the applicant, shall
not run with the land, and shall expire upon the sale or transfer
of the subject property.
D. Expiration. A special use permit shall expire one year after the
date of approval by the Board, unless a building permit is obtained;
or a certificate of occupancy is obtained, when a building permit
is not required.
[Added 6-12-2019]
E. One-year extension. If application is made prior to the expiration
of the initial one-year period, the Board may, upon written request
and for cause shown, renew the special use permit for a second one-year
period. Said request for an extension need not be advertised nor noticed.
An advisory opinion from the Planning Board shall not be required.
[Added 6-12-2019]
F. Further extension for cause. Should a building permit not be obtained, or certificate of occupancy for a nonpermit project not be issued within the second one-year period, renewal of the special use permit for a third one-year period may be granted upon written request filed prior to expiration, provided that demonstration of due diligence in proceeding and substantial financial commitment in promoting the subject of the special use permit is made. Notice shall be given in accordance with §
400-11, and a hearing shall be held on the request.
[Added 6-12-2019]
G. Pendency of court actions. None of the above one-year periods shall
run during the pendency of any Superior Court actions seeking to overturn
the grant.
[Added 6-12-2019]
Relief from literal requirements of this chapter because of
hardship may be granted to any person, group, agency or corporation
through the issuance of a variance by the Zoning Board of Review under
the procedures herein. Two types of variances can be considered as
described below: a use variance and a dimensional variance.
A. Variance application. An application for relief from the literal
requirements of this chapter because of hardship may be made by any
person, group, agency, or corporation by filing with the Town Clerk,
and Clerk of the Zoning Board of Review, an application describing
the variance request and supported by plans and data describing the
site and proposed use and documentation in support of the application.
The application shall show the location and dimensions of the property
and the proposed use and any other information required by the application
form and as may be required by the Zoning Board of Review.
B. General standards for granting a variance. In granting either use
or dimensional variances, the Zoning Board of Review shall require
that evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(1) That the hardship from which the applicant seeks relief is due to
the unique characteristics of the subject land or structure and not
to the general characteristics of the surrounding area; and is not
due to a physical or economic disability of the applicant, excepting
those physical disabilities addressed in R.I.G.L. § 45-24-30(16);
[Amended 7-11-2018]
(2) That the hardship is not the result of any prior action of the applicant;
and
[Amended 12-13-2023]
(3) That the granting of the requested variance will not alter the general
character of the surrounding area or impair the intent or purpose
of this chapter or the Comprehensive Plan upon which this chapter
is based.
[Amended 12-13-2023]
C. Standards for granting a use variance. The Zoning Board of Review
shall, in addition to the above standards, require that evidence be
entered onto the record of the proceedings showing that in granting
a use variance the subject land or structure cannot yield any beneficial
use if it is required to conform to the provisions of this chapter.
Nonconforming use of neighboring land or structures in the same district
and permitted use of lands or structures in an adjacent district shall
not be considered in granting a use variance.
D. Standards for granting a dimensional variance. In granting a dimensional
variance, the hardship that will be suffered by the owner of the subject
property if the dimensional variance is not granted shall amount to
more than a mere inconvenience, meaning that relief sought is minimal
to a reasonable enjoyment of the permitted use to which the property
is proposed to be devoted. The fact that a use may be more profitable
or that a structure may be more valuable after the relief is granted
shall not be grounds for relief. The Zoning Board of Review has the
power to grant dimensional variances where the use is permitted by
special use permit.
[Amended 7-11-2018; 12-13-2023]
E. Expiration. A variance shall expire one year after the date of approval
by the Board, unless a building permit is obtained or a certificate
of occupancy is obtained when no building permit is required.
[Amended 6-12-2019]
F. One-year extension. If application is made prior to the expiration
of the initial one-year period, the Board may, upon written request
and for cause shown, renew the variance for a second one-year period.
Said request for an extension need not be advertised nor noticed.
An advisory opinion from the Planning Board shall not be required.
[Added 6-12-2019]
G. Further extension for cause. Should a building permit not be obtained or a certificate of occupancy for a nonpermit project not be issued within the second one-year period, the Board may, upon written request filed prior to expiration, renew the variance for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance. Notice shall be given in accordance with §
400-11, and a hearing shall be held on the request.
[Added 6-12-2019]
H. Pendency of court actions. None of the above one-year periods shall
run during the pendency of any Superior Court actions seeking to overturn
the grant.
[Added 6-12-2019]
Except for action initiated by the Town Council or a Town agency
or official, all applications for special use permits shall be accompanied
by a filing fee in an amount set from time to time by the Town Council,
payable to the Town of West Greenwich and returnable only in the event
that the application is withdrawn prior to the publication of notification
of the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The Zoning Board of Review shall render a decision on an application
within 15 days following the public hearing.
B. The Zoning Board of Review shall include in its decision all findings
of fact and conditions, showing the vote of each member participating
thereon, and the absence of a member or his or her failure to vote.
Decisions shall be recorded and filed in the office of the Town Clerk
of the Town of West Greenwich within 30 working days from the date
when the decision was rendered, and shall be a public record.
C. The Zoning Board of Review shall keep written minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations, finding of fact, and other official actions, all of
which shall be recorded and filed in the Town Hall in an expeditious
manner upon completion of the proceeding.
D. Any decision by the Zoning Board of Review, including any special
conditions attached thereto, shall be mailed to the applicant and
to the Zoning Inspector.
Any person or persons jointly or severally aggrieved by any
action of the Zoning Board of Review, or any officer, department or
board of the Town of West Greenwich, may file an appeal with the Superior
Court in the State of Rhode Island, as provided by R.I.G.L. § 45-24-69,
as amended. The appeal shall set forth that such decision is illegal
in whole or in part, and specify the grounds of the illegality. Such
appeal shall be filed with the court within 20 days after the decision
has been recorded and posted in the office of the Town Clerk.