This Ordinance shall be entitled the "New Shoreham Zoning Ordinance"
and referred to as the "Zoning Ordinance" or the "Ordinance."
The Zoning Ordinance, with all its provisions, addresses the
following purposes, each with equal priority and listed in no particular
order:
A. Promoting the public health, safety and general welfare.
B. Providing for a range of uses and intensities of use appropriate
to the character of the Town and reflecting current and expected future
needs.
C. Providing for orderly growth and development which recognizes:
1. The goals and patterns of land use contained in the Comprehensive
Plan;
2. The natural characteristics of the land, including its suitability
for uses 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;
7. The use of innovative development regulations and techniques.
D. Providing for the control, protection, and/or abatement of air, water,
groundwater and noise pollution, and soil erosion and sedimentation.
E. Providing for the protection of the natural, historic, cultural and
scenic character of the Town or areas therein.
F. Providing for the preservation and promotion of agricultural production,
forest, silviculture, aquaculture, timber resources and open space.
G. Providing for the protection of public investment in transportation,
water, storm water management systems, sewage treatment and disposal,
solid waste treatment and disposal, schools, recreation, public facilities,
open space, and other public requirements.
H. Promoting 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.
I. Providing opportunities for the establishment of low and moderate
income housing.
J. Promoting safety from fire, flood, and other natural or man-made
disasters.
K. Promoting a high level of quality in design in the development of
private and public facilities.
L. Promoting implementation of the Town's Comprehensive Plan.
M. Providing for coordination of land uses with neighboring towns, 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. Providing for efficient review of development proposals, to clarify
and expedite the zoning approval process.
O. Providing for procedures for the administration of the Zoning Ordinance
including, but not limited to Variances, Special Use Permits, and
where adopted, procedures for Modifications.
The Zoning Ordinance is authorized by G.L. 1956, §§ 45-24-27
through 45-24-72 as amended, known as the "Rhode Island Zoning Enabling
Act of 1991."
The Ordinance is developed and maintained in accordance with
the current Comprehensive Plan, as adopted and as amended in accordance
with G.L. 1956, ch. 45-22.2.
Whenever restrictions imposed by provisions of the Zoning Ordinance
are in conflict with restrictions imposed by provisions of any other
governing law, rule or regulation, then to the extent permitted by
state and federal law, the more restrictive provisions shall govern.
Nothing in this Ordinance shall be construed to limit the authority
of any state government agencies to perform any regulatory responsibilities.
Upon its adoption by the Town Council, the Zoning Ordinance
shall be part of the publication of the Town Charter and Ordinances
as Revised and Reissued.
The Zoning Ordinance shall be reviewed by the Planning Board at least once in every five years and whenever the Comprehensive Plan is amended. Such review shall be based on input from the Town's Fire Department, Police Department, the Town Council and Zoning Board of Review, as well as input from the public in response to notification of mandatory review, in accordance with the procedures for notification set forth in §
708, Amendments to the Ordinance.
[Amended 3-20-2024 by Ord. No. 2024-09]
Should any section or provision of this Zoning Ordinance be
declared by the Courts to be invalid, such decision shall not invalidate
any other section or provision of the Zoning Ordinance. If the Zoning
Ordinance in its entirety should be declared invalid, then the prior
zoning ordinance of the Town shall automatically take effect.
The Zoning Ordinance provides for zoning overlays. The regulations
applicable to the zoning overlays shall be in addition to the regulations
applicable to the underlying zoning district.
[Amended November 7, 1994; November 21, 1998; June 4, 2001;
July 1, 2002; September 15, 2004; Added October 6, 2008; January 20,
2010; November 5, 2012 by Ord. No. 2012-9; November 3, 2014 by Ord. No. 2014-10; 3-20-2024 by Ord. No. 2024-09]
The following uses are prohibited in all (except as noted) zoning
districts:
A. Any structure or building or any use of any structure, building,
premises or land which is injurious, obnoxious, offensive, dangerous
or a nuisance to the community or to the neighborhood through noise,
vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids
or substances, danger of fire or explosion, or other objectionable
features detrimental to the community or neighborhood health, safety,
convenience, morals or welfare, including but not limited to the following:
1. Outside storage of motor vehicles as follows:
a. No person shall deposit, store, keep or permit to be deposited, stored
or kept upon public property a dismantled, junked or abandoned vehicle,
an unserviceable vehicle, or a vehicle legally or physically incapable
of being operated or a vehicle that does not display, if required
by state law, a current safety inspection certificate on its windshield.
b. No person shall deposit, store, keep or permit to be deposited, stored
or kept outside of a building or structure upon private property more
than two dismantled, junked or abandoned vehicles, unserviceable vehicles,
or vehicles legally or physically incapable of being operated or vehicles
that do not display, if required by state law, a current safety inspection
certificate on the windshield.
c. If a dismantled, junked or abandoned vehicle, an unserviceable vehicle,
or a vehicle legally or physically incapable of being operated or
a vehicle that does not display a current safety inspection certificate
on its windshield is being deposited, stored or kept upon private
property pursuant to subsection (b) of this section, every such vehicle
shall be deposited, stored or kept in a location on the property that
conforms to the minimum side yard, rear yard and front yard setbacks
required by the applicable zoning ordinance.
2. Tents for human habitation;
3. Trailers or mobile homes for residential, Accessory Dwelling Unit use, Accessory Residential Structure use, except on a day-use (non-habitation) basis by a contractor in association with a permitted construction job site, or on a temporary living basis by a resident under the provisions of §
112;
4. Floating residences or businesses;
5.
[Amended 8-2-2021 by Ord. No. 2021-07; 12-5-2022 by Ord. No. 2022-07]
(i)
Residential structures in the RA and RB Zone which meet any
of the following criteria (See Section 202, Definitions, "Plane, Building,"
"Plane, Wall," "Building Footprint," "Floor Area, Living," "Building
Volume") (Added October 6, 2008; Amended to add "Floor Area, Living"
August 2, 2021):
a.
A wall plane in excess of 45 feet; (Added October 6, 2008)
b.
A building plane in excess of 75 feet; (Added October 6, 2008)
c.
A building footprint in excess of 3,500 square feet, exclusive
of ground level or first floor decks, or one story (no floor area
above) unenclosed porches; (Added October 6, 2008; Amended August
2, 2021)
d.
A living floor area in excess of 5,000 square feet and/or (Added
August 2, 2021)
e.
A building volume in excess of 65,000 cubic feet (Added October
6, 2008; Amended August 2, 2021)
7. Gambling or gambling facilities;
9. Amusement parks or rides, commercial rifle ranges, field houses;
10. Dumps and sanitary landfills (municipal and private);
11. Storage or manufacture of toxic or hazardous materials;
13. Chemical and bacteriological laboratories;
16. Asphalt manufacture or refining except as necessary on a temporary
basis for resurfacing Island roads;
19. Car, moped, jet ski, and other motorized vehicle rental;
21. Vending machines (unless licensed by the Town);
23. The parking or use of trailers, shipping containers and similar temporary
and/or mobile facilities for any commercial or industrial activity
or storage, except by a contractor in association with a permitted
construction job site. The following uses of trailers shall be exempt
from this prohibition:
a. Livestock or other agricultural purposes;
b. Transport of machinery, equipment or materials;
c. Trades purposes, as provided for in §
516;
24. The use of galley leach fields as a means of treating on-site wastewater
effluent shall be prohibited for all new ISDS, ISDS alterations and
major repairs;
25. The underground storage of any petroleum products, including diesel
fuel, gasoline, heating oil, motor fuels, aviation fuels, and hazardous
materials as defined in the "Regulations for Underground Storage Facilities
Used for Petroleum Products and Hazardous Materials" as promulgated
by the Rhode Island Department of Environmental Management";
27. The landing and takeoff of aircraft, and aircraft landing runways,
strips or pads, including heliports or helipads, except at the State
airport and in emergency situations.
28. Electronic games of chance or sweepstakes played on gaming devices
or computer hardware that is available for the use and entertainment
of the public except those regulated and licensed by the State of
Rhode Island.
[Amended November 7, 1994; January 20, 2010]
A. The Town Council may, in circumstances of emergency or other urgent
necessity for the public health and safety, grant temporary permits
to individuals, groups or corporations to use property for uses otherwise
prohibited, or permissible only by Special Use Permit, provided that:
1. A permit may be granted only for the use or purpose that cannot be
accomplished by compliance with the provisions of the ordinance.
2. The permit shall be granted for the least period of time feasible,
and in no event shall such period extend beyond six months provided,
however, that upon similar application one additional period of six
months may be allowed in accordance with these provisions.
B. The use of temporary structures or facilities associated with building
construction or rehabilitation shall only be permitted as follows:
1. A temporary building or yard for construction materials and/or equipment
or a temporary trailer used for residential occupancy necessitated
by any loss or damage of a principal structure by fire, hurricane
or other natural disaster shall be permitted in any district subject
the approval by the Building Official or Zoning Official, provided
that any building permit for any such temporary use shall be valid
for not more than six months unless such time period is extended by
the Building Official or Zoning Official, for one additional six-month
period, for good cause.
[Amended 5-3-2022 by Ord. No. 2022-04]
2. A temporary facility for the storage of an owner or occupant's household
or interior belongings shall be permitted in any district for the
duration of the construction period, regardless of the circumstances,
provided that such facility is removed prior to the issuance of the
Certificate of Occupancy.
[Amended October 21, 2009]
A. Continuance of Non-Conformance. Any structure or the use of any structure
or land which structure or use was lawful at the date of enactment
of this Zoning Ordinance and which is non-conforming under the provisions
of this Zoning Ordinance, or which shall be made non-conforming by
a subsequent amendment, may be continued subject to the following
provisions.
B. Non-Conforming by Use. Something is non-conforming by use if it is
a lawfully established use of land, building, or structure which is
not a permitted use in that zoning district. A building or structure
containing more dwelling units than are permitted by the use regulations
of this Ordinance shall be non-conforming by use.
1. Repairs and Alterations. A building devoted to a non-conforming use
may be repaired, maintained or improved, provided the number of square
feet of floor area devoted to the non-conforming use is not increased.
2. Change in Use. A non-conforming use may be changed only to a use
which conforms to the Zoning Ordinance. Once changed to a conforming
use, no structure or use shall revert to a non-conforming use.
3. Abandonment. If a non-conforming use is abandoned, it may not be
reestablished. Abandonment shall consist of some overt act, or failure
to act, which would lead one to believe that the owner of the property
neither claims nor retains any interest in its continuation, unless
the owner can demonstrate intent not to abandon the use. An involuntary
interruption of non-conforming use, such as by fire and natural catastrophe,
will not establish the intent to abandon. If any non-conforming use
is halted for a period of one year, for what ever reason, either voluntary
or involuntary, the owner of the property will be presumed to have
abandoned the non-conforming use, unless that presumption is rebutted
by the presentation of sufficient evidence of the intent not to abandon
the use. Any subsequent use shall conform to the regulations of this
Zoning Ordinance.
4. Relocation. A non-conforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the time of adoption of the Ordinance unless granted a Special Use Permit under the provisions of Article
7 of this Ordinance.
C. Non-Conforming Buildings.
1. Expansion. A structure which is non-conforming with respect to the
dimensional requirements of the Zoning Ordinance may not be expanded,
enlarged or increased unless such expanded or enlarged portion complies
with the dimensional requirements of the Zoning Ordinance.
2. Destruction or Demolition. A non-conforming structure which is destroyed
or damaged by any means beyond the control of the owner shall be rebuilt
or restored within a period of 18 months, or thereafter conform with
the dimensional requirements of the Zoning Ordinance. If a non-conforming
building or structure is demolished or removed by or for its owner,
it shall not be rebuilt or replaced except in conformity with the
dimensional requirements of the Zoning Ordinance.
3. Use of Non-Conforming Building. Notwithstanding any dimensional requirements
of the Zoning Ordinance, a non-conforming building or structure may
be used for any use allowed in the zoning district where it is located
unless the zoning district regulations contain specific dimensional
requirements peculiar to the use which cannot be met by the existing
structure or on the existing lot.
D. Construction Begun Prior to Ordinance.
1. Nothing herein contained shall require any change in plans, construction
or structure the construction of which has been diligently prosecuted
previous to the date of enactment of the Zoning Ordinance provided
complete plans for such a building or structure shall have been filed
with and accepted by the Building Official, and a Building Permit
has been issued which remains valid.
E. Substandard Lots of Record.
[Amended 5-3-2022 by Ord. No. 2022-04; 4-17-2024 by Ord. No. 2024-11]
1. A substandard lot of record may be considered a buildable lot, regardless
of the lot frontage or lot area, provided such lot or parcel of land
was shown on a plat, or on a deed, duly recorded prior to the effective
date of this Ordinance, and further provided that at the time of such
recording the lot or parcel of land so created conformed in all respects
to the minimum requirements of the Zoning Ordinance in effect at that
time or received the appropriate relief from the permitting authority
to create a substandard lot.
2. Notwithstanding the failure of a single substandard lot of record
or contiguous lots of record to meet the dimensional and/or quantitative
requirements of this zoning ordinance, a substandard lot of record
shall not be required to seek any zoning relief based solely on the
failure to meet minimum lot size requirements of the district in which
such lot is located. The setback, frontage, and/or lot width requirements
for a structure under this section shall be reduced and the maximum
building coverage requirements shall be increased by the same proportion
as the lot area of the substandard lot is to the minimum lot area
requirement of the zoning district in which the lot is located. All
proposals exceeding such reduced requirements shall proceed with a
modification request under Section 705 or a dimensional variance request
under Section 706, whichever is applicable.
3. If, as of the effective date of this ordinance, or subsequent thereto,
one or more substandard lots of record are held in common ownership
with any contiguous lot, such lots shall be combined for the purposes
of this ordinance in order to conform, or more nearly conform, to
the minimum lot area and minimum lot frontage of this ordinance for
the Zoning District in which the lots are located. If all such contiguous
lots, when combined, do not constitute sufficient area and dimension
to meet the applicable area and dimensional requirements for more
than one lot, meaning two or more fully conforming lots, then all
the lots shall be combined to create a single lot only. Such combined
lots may not be sold separately.
a. Contiguous substandard lots of record shall not be combined if both
substandard lot already supports a principal use. When one substandard
lot is developed with a principle use and a contiguous substandard
lot is undeveloped with a principal use, they shall merge under this
provision.
b. Any contiguous substandard lot of record which was designated and
identified by the Tax Assessors as a separate and distinct taxable
lot, and was assessed as a separate and distinct lot on December 31,
2007 shall not be combined. Any lots not so designated, identified
and assessed shall be subject to this ordinance. (Section E, "Substandard
Lots of Record," was renamed and amended on March 19, 2008, additionally
amended on October 21, 2009)
c. The merger of lots shall not be required when the substandard lot
of record has an area equal to or greater than the area of fifty percent
(50%) of the lots within two hundred (200) feet of the subject lot,
as confirmed by the Zoning Official through the submission of a Compilation
Survey of the property prepared by a Rhode Island Registered Professional
Land Surveyor.
[Added 2-21-2024 by Ord. No. 2024-03]
Notwithstanding any other provisions of this chapter, the following
uses are permitted uses within all residential zoning districts and
all industrial and commercial zoning districts except where residential
use is prohibited for public health or safety reasons:
C. Family daycare homes; and
D. Adaptive reuse (as defined in RIGL 42-64.22-2).
1. Eligibility.
a. At least 50% of the existing gross floor shall be developed into
residential units.
b. There are no environmental land use restrictions recorded on the
property preventing the conversion to residential use by RIDEM or
the US EPA.
2. Density.
The density proposed for any adaptive reuse project shall meet
all public health and safety standards.
a. For projects that meet the following criteria, the minimum residential
density shall be fifteen (15) dwelling units per acre:
(1)
Where the project is limited to the existing footprint, except
that the footprint is allowed to be expanded to accommodate upgrades
related to the building and fire codes, and utilities.
(2)
The development includes at least twenty percent (20%) low-
and moderate-income housing.
(3)
The development has access to public sewer and water service
or has access to adequate private water, such as well and/or wastewater
treatment systems approved by the relevant state agency for the entire
development as applicable.
b. For all other adaptive reuse projects, the residential density permitted
in the converted structure shall be the maximum allowed that otherwise
meets all standards of minimum housing and has access to public sewer
and water services or has access to adequate private water, such as
well and wastewater treatment systems approved by the relevant state
agency for the entire development, as applicable.
3. Dimensional requirements.
a. Notwithstanding any other provisions of this chapter, existing building
setbacks shall remain and the encroachments are considered legal nonconforming.
b. No additional encroachments shall be permitted into any nonconforming
setback unless otherwise allowed by zoning ordinance or relief is
granted by the applicable authority.
c. Notwithstanding other provisions of this chapter, the height of the
existing structure shall be considered legal nonconforming and main
remain if it exceeds the maximum height of the zoning district in
which the structure is located.
(1)
Any rooftop construction is included in the height exemption.
4. Parking requirements.
a. Adaptive reuse developments shall provide a minimum of one parking
space per dwelling unit. The applicant may propose additional parking
in excess of one space per dwelling unit.
b. The parking requirements and design standards in Section 502 of this
ordinance shall apply to all uses proposed as part of the project
unless otherwise approved by the applicable authority. The number
of parking spaces required shall apply for all uses other than residential.
5. Allowed uses within an adaptive reuse project.
a. Residential dwelling units are a permitted use in an adaptive reuse
project regardless of the zoning district in which the structure is
located, in accordance with the provisions of this section.
b. Any nonresidential uses proposed as part of an adaptive reuse project
must comply with the provisions of Appendix B of this ordinance.
6. Development and Design Standards. Site design shall be in accordance
with the Land Development and Subdivision Regulations.
7. Procedural requirements.
a. Adaptive reuse projects shall be subject to the procedural requirements
of the Subdivision Regulations and undergo either Development Plan
Review, Minor, or Major Land Development as determined in that section.
b. In addition to the checklist requirements for the applicable review
process, the applicant shall provide the following information:
(1)
The proposed residential density and the square footage of nonresidential
uses. Residential density under the provisions of subsection D2b of
this section shall require the submission of a detailed floor plan
as described in subsection D7b(2) of this section as part of the application.
(2)
A floor plan to scale for each building indicating, as applicable,
the use of floor space, number of units, number of bedrooms, and the
square footage of each room and each unit.