Town of New Shoreham, RI Zoning Districts and Regulations

§ 301 Establishment of Zoning Districts.

For purposes of the Zoning Ordinance the Town of New Shoreham is hereby divided into zoning districts:

Residential A Zone	(RA Zone)
Residential B Zone	(RB Zone)
Residential C Zone	(RC Zone)
Residential C/Mixed Use Zone	(RC/M Zone)
Mixed Use Zone	(M Zone)
Old Harbor Commercial Zone	(OHC Zone)
New Harbor Commercial Zone	(NHC Zone)
Service Commercial Zone	(SC Zone)
Coastal Zone	(C Zone)
Planned Development Zone	(PD Zone)
Public Education Zone	(PE Zone)
Public Utility Zone	(PU Zone) [Amended December 7, 2009]

For purposes of the Zoning Ordinance the Town of New Shoreham hereby establishes the following zoning overlays:

Flood Control Overlay FC Overlay
Pond Quality Overlay	(PQ Overlay)
Historic Overlay	(H Overlay)
Waterfront Overlay	(W Overlay)

§ 302 Zoning Maps.

[Amended September 15, 2010; Ord. No. 2012-06, June 4, 2012; Ord. No. 2013-02, January 16, 2013; October 7, 2013 by Ord. No. 2013-11]

The zoning districts of the Town are shown on a map entitled "New Shoreham Zoning Map," dated June 5, 1967, revised to March 4, 1989 and on file in the office of the Town Clerk, which map, and any amendments thereto, are hereby made a part of this Zoning Ordinance ("Zoning Map").

The Flood Control Overlay (FC Overlay) district. The district includes all special flood hazard areas within the town designated as Zone A, AE, AH, AO, A99, V, or VE on the Washington County flood insurance rate map (FIRM) and digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Washington County FIRM that are wholly or partially within the Town of New Shoreham are panel numbers 44009C0352J, 44009C0353J, 44009C0354J, 44009C0356J, 44009C0358J, 44009C0361J, 44009C0362J, 44009C0363J, 44009C0364J, 44009C0366J and 44009C0368J dated October 16, 2013. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Washington County flood insurance study (FIS) report dated October 16, 2013. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Building Official.

The Pond Quality Overlay (PQ Overlay) is as defined in § 316

The Historic Overlay (H Overlay) is as shown on the New Shoreham Historic District Map, which map, and any amendments thereto, are hereby made a part of this Zoning Ordinance.

Amendments.

Pursuant to Ordinance No. 2012-06, adopted June 4, 2012: The New Shoreham Zoning Map is amended to add the property of the William J. Penn Revocable Living Trust at File# 815, Plat 18, Lot 66 off Beacon Hill Road currently zoned as Residential A, to the Historic District.

Pursuant to Ordinance No. 2013-02, adopted January 16, 2013: The New Shoreham Zoning Map be changed to add Plat 18, Lot 6-1 to the Historic District amending the New Shoreham Zoning Map to add Plat 18, Lot 6-1, West Side Road, the Estate of David K. Harrison, currently zoned as Residential A, to the Historic District.

The Waterfront Overlay (W Overlay) is as defined in § 318.

Amends the New Shoreham Zoning Map by changing Plat 19, Lot 2 from Residential A to New Harbor Commercial.

[Added 8-2-2021 by Ord. No. 2021-09]

§ 303 Zoning District Boundaries.

Where the boundary of any zoning district shown on the New Shoreham Zoning Map is unclear, the following rules shall apply:

Where district boundaries appear to follow lot lines, such lot lines shall be the zoning district boundaries;

Where district boundaries appear to follow the center lines of roads, streets, lanes, highways or streams, such center lines shall be the zoning district boundaries;

Where the precise location of any zoning district boundary is uncertain, the Zoning Board of Review with advice from the Planning Board, shall determine the boundary, except as provided in § 316 (PQ Overlay) and § 318 (W Overlay).

§ 304 General Zoning District Regulations.

The following Sections state the purpose and land use regulations for each of the zoning districts of the Zoning Ordinance. Except as otherwise provided in § 113, Non-Conformance, and § 706, Variance, no structure shall be constructed, moved, or altered, and no structure or land shall be used or occupied except as permitted in the zoning district in which it is located or as permissible by Special Use Permit in said zone and so authorized. No development shall occur except on developable land.

§ 305 Modification of Dimensional Standards in Subdivisions.

In subdividing land, in order to allow boundaries to coincide with stone walls or other historical landscape features, as long as the aggregate number of lots allowed under conventional subdivision is not exceeded and as long as the average lot size of the subdivision meets the minimum lot area standard for the zone, individual lots may be modified. In Residential Zone A and Residential Zone B, the standards for minimum lot area and minimum setbacks shall be modified as follows:

Up to 20% less than the minimum lot area of the zone for land not bounded by a Town road or State highway; and,

Up to 10% less than the minimum lot area of the zone for land bounded by a Town road or State highway.

Dimensional standards to be applied to cluster subdivisions shall be those established by the Planning Board at the time the cluster subdivision was approved. If the applicable dimensional standards are not set forth on the recorded plan, or in a written decision of the Planning Board, then the dimensional standards in the Zoning Ordinance, or Subdivision Regulations, applicable to the cluster subdivision which were in effect at the time the cluster subdivision development was approved shall be applied. (Section Amended August 18, 1999)

§ 305.1 Accessibility alterations to existing buildings.

[Added 3-5-2018 by Ord. No. 2018-11]

Ramps, lifts, and other appurtenant structures added to any existing building to provide disabled persons with access to the building shall be permitted by right in all zoning districts. The dimensional regulations applicable to the property do not apply to such appurtenant structures.

§ 306 Residential A Zone (RA Zone).

[Amended June 21, 2000; May 23, 2001; June 19, 2002; December 6, 2004; July 2, 2007; October 6, 2008; Ord. of 8-17-2011; amended 3-5-2018 by Ord. No. 2018-02; 7-15-2020 by Ord. No. 2020-05; 2-7-2022 by Ord. No. 2022-01; 3-20-2024 by Ord. No. 2024-09; 4-17-2024 by Ord. No. 2024-11]

Purpose. The Residential A Zone (RA Zone) comprises primarily rural land mostly remote from the village center and much of which is served by narrow lanes. It is intended that new development be integrated into the existing pattern of fields, walls, ponds and wetlands.

Residential Density. Minimum Developable land area required for each dwelling unit. (See § 202, Definitions, "Developable Land")

For lots of record of 200,000 square feet or less lawfully existing as of March 4, 1989, 70,000 square feet of developable land is required; or

For lots of record greater than 200,000 square feet, 90,000 square feet of developable land is required.

For all newly created lots, 120,000 square feet of developable land is required, in accordance with § 302 of the Land Development and Subdivision Regulations.

Dimensional Standards.

[Table Amended October 6, 2008; October 21, 2009; November 5, 2012 by Ord. No. 2012-10; 7-15-2020 by Ord. No. 2020-05; 4-17-2024 by Ord. No. 2024-11]

Minimum Lot Area (See § 305)	120,000 square feet
Minimum Lot Frontage	200 feet
Minimum Setbacks for Principal and Accessory Structures:
Front	50 feet
Side	50 feet
Rear	50 feet
Minimum Setbacks for Accessory Structures: Building footprint limited to 144 square feet, and building height limited to 12 feet
Front	50 feet
Side	15 feet
Rear	15 feet
Minimum Setbacks for Substandard Lots of Record	See § 113E
Maximum Lot Building Coverage:*
As applied to the principal structure	3%
As applied to all structures on the lot	4%
Maximum Lot Building Coverage for Substandard Lots of Record	See § 113E
Maximum Lot Coverage	10%
Maximum Height:
Main Structure	32 feet**
Accessory Structure	25 feet

*	Lot building coverage shall be measured as a percentage of total lot area; see also exemption allowed for substandard lots under the provisions of § 113E
**	No portion or any side of a building shall exceed 37 feet in height, as measured from finished grade.
***	The maximum height for any main structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 25 feet. The maximum height for any accessory structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be no higher than 80% of the height of the main structure.

Permitted Uses.

Accessory Dwelling Units (Subject to § 406 and § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Home Occupation (See § 510, Accessory Uses)

Community Residences

Family Day Care Homes

Farming

Rental Rooms (See § 509, Rental Rooms)

Single Family Dwelling Units (one per lot)

WECS subject to § 508

Hawking and Peddling pursuant to a license duly issued by the Town Council pursuant to Chapter 8, Article V, Section 8 for a location that is open to the public and established by the Town Council under said Chapter 8, and which activity is in compliance with the provisions of Title 5, Chapter 11 of the Rhode Island General Laws.

Mobile Food Establishment pursuant to a duly issued license issued by the Town Council pursuant to Chapter 8, Article V, Section 8 for a location that is open to the public and established by the Town Council under said Chapter 8, and which activity is in compliance with the provisions of Title 5, Chapter 11.1 of the Rhode Island General Laws.

Uses Allowed with Special Use Permit (See Article 4).

Accessory Dwelling Units (See § 406 and § 513)

Affordable Housing (See § 405, Affordable Housing)

Day Care Center

Earth Removal (See § 418, Earth Removal)

Governmental Facilities

Public Works Facilities

Recreational Facilities: Limited to Field Sports; Tennis Courts; Regulation Golf (See § 410, Recreational Facilities)

Religious Facility

Stables

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Utility Facility (See § 417 - Utility Facilities)

Waterfront Uses (See Sections 318, Waterfront Overlay and 415, Waterfront Uses)

WECS subject to § 508

A Single Family Dwelling Unit, Accessory residential Residential Structure or Accessory Structure associated with a residential use (garage, barn, greenhouse, boat shed, etc), that meets any of the following thresholds measuring building size and/or site disturbance (see § 406):

An individual building footprint in excess of 2,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches (see § 202 Definitions, "Building Footprint");

A total living area in excess of 3,300 square feet (see § 202 Definitions, "Floor Area, Living");

A total gross area in excess of 5,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches (see § 202 Definitions, "Gross Area);

A total building volume in excess of 45,000 cubic feet (see § 202 Definitions, "Building Volume"); and/or

Any retaining wall constructed of concrete, metal, fiberglass or other similar manufactured material that is in excess of five feet in height and/or fifteen feet in length, exclusive of a retaining wall associated with a walk- out basement.

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development).

§ 307 Residential B Zone (RB Zone).

[Amended June 21, 2000; May 23, 2001; June 19, 2002; December 6, 2004; July 2, 2007; October 6, 2008; Ord. of 8-17-2011; 3-5-2018 by Ord. No. 2018-02; 7-15-2020 by Ord. No. 2020-05; 3-20-2024 by Ord. No. 2024-09; 4-17-2024 by Ord. No. 2024-11]

Purpose. The Residential B Zone (RB Zone) comprises rural land less remote from the village center than land zoned RA, but also served by narrow lanes. It is intended to integrate new development into the existing pattern of fields, walls, ponds and wetlands.

Residential Density. Minimum Developable land area required for each dwelling unit. (See § 202, Definitions, "Developable Land")

For lots of record of 100,000 square feet or less lawfully existing as of March 4, 1989, 40,000 square feet of developable land is required; or

For lots of record greater than 100,000 square feet, 50,000 square feet of developable land is required.

For all newly created lots, 60,000 square feet of developable land is required, in accordance with § 302 of the Land Development and Subdivision Regulations.

Dimensional Standards:

[Table Amended October 6, 2008; October 21, 2009, November 5, 2012 by Ord. No. 2012-10; 7-15-2020 by Ord. No. 2020-05; 4-17-2024 by Ord. No. 2024-11]

Minimum Lot Area (See § 305)	60,000 square feet
Minimum Lot Frontage	150 feet
Minimum Setbacks for Principal and Accessory Structures:
Front	50 feet
Side	25 feet
Rear	50 feet
Minimum Setbacks for Accessory Structures:
Building footprint limited to 144 square feet, and building height limited to 12 feet
Front	50 feet
Side	10 feet
Rear	15 feet
Minimum Setbacks for Substandard Lots of Record	See § 113E
Maximum Lot Building Coverage:*
As applied to all structures on the lot	8%
Maximum Lot Coverage	16%
Maximum Lot Building Coverage for Substandard Lots of Record	See § 113E
Maximum Height:
Main Structure	32 feet**
Accessory Structure	25 feet

*	Lot building coverage shall be measured as a percentage of total lot area; see also exemption allowed for substandard lots under the provisions of § 113E
**	No portion or any side of a building shall exceed 37 feet in height, as measured from finished grade.
***	The maximum height for any main structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 25 feet. The maximum height for any accessory structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be no higher than 80% of the height of the main structure.

Permitted Uses.

Accessory Dwelling Units (Subject to § 406 and § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Home Occupations (See § 510, Accessory Uses)

Community Residences

Family Day Care Homes

Farming

Rental Rooms (See § 509, Rental Rooms)

Single Family Dwelling Units (one per lot)

WECS subject to § 508

Uses Allowed with Special Use Permit (See Article 4).

Accessory Dwelling Units (See § 406 and § 513)

Affordable Housing (See § 405, Affordable Housing)

Day Care Center

Earth Removal (See § 418, Earth Removal)

Governmental Facilities

Public Works Facilities

Recreational Facilities: Limited to Field Sports; Tennis Courts; Regulation Golf (See § 410, Recreational Facilities)

Religious Facility

Stables

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Utility Facility (See § 417, Utility Facilities)

Waterfront Uses (See Sections 318, Waterfront Overlay and 415, Waterfront Uses)

WECS subject to § 508

A Single Family Dwelling Unit, Accessory Residential Structure or Accessory Structure associated with a residential use (garage, barn, greenhouse, boat shed, etc), that meets any of the following thresholds measuring building size and/or site disturbance (see § 406):

An individual building footprint in excess of 2,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches (see § 202 Definitions, "Building Footprint");

A total living area in excess of 3,300 square feet (see § 202 Definitions, "Floor Area, Living");

A total gross area in excess of 5,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches (see § 202 Definitions, "Gross Area);

A total building volume in excess of 45,000 cubic feet (see § 202 Definitions, "Building Volume"); and/or

Uses Allowed Only as Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development).

§ 308 Residential C Zone (RC Zone).

[Amended June 21, 2000; May 23, 2001; June 19, 2002; December 6, 2004; July 2, 2007; amended Ord. of 8-17-2011; 3-5-2018 by Ord. No. 2018-02; 7-15-2020 by Ord. No. 2020-05; 3-20-2024 by Ord. No. 2024-09]

Purpose. The Residential C Zone (RC Zone) comprises predominantly residential areas which include a significant component of hotels and inns. It is intended that the zone provide for a variety of residential uses and be limited to such uses.

Residential Density. Minimum developable land area required for each dwelling unit. (See § 202, Definitions, "Developable Land") Either:

With public sewer, 20,000 square feet of developable land is required;

Without public sewer, 40,000 square feet of developable land is required.

Dimensional Standards. (Table amended November 5, 2012 by Ord. No. 2012-10)

Minimum Lot Area:
With Public Sewer	20,000 square feet
Without Public Sewer	40,000 square feet
Minimum Lot Frontage	75 feet
Minimum Setbacks for Principal and Accessory Structures:
Front	25 feet, or no less than that of principal structure on any one adjoining lot
Side	20 feet
Rear	40 feet
Minimum Setbacks for Accessory Structures: Building footprint limited to 144 square feet, and building height limited to 12 feet
Front	25 feet
Side	10 feet
Rear	10 feet
Maximum Lot Building Coverage	16%
Maximum Lot Coverage	30%
Maximum Height*:
Main Structure	30 feet
Accessory Structure	20 feet

The maximum height for any main structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 23 feet. The maximum height for any accessory structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be no higher than 70% of the height of the main structure.

Permitted Uses.

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Home Occupations (See § 510, Accessory Uses)

Community Residences

Family Day Care Homes

Farming

Rental Rooms (See § 509, Rental Rooms)

Single Family Dwelling Units (one per lot)

WECS subject to 508

Uses Allowed by Special Use Permit (See Article 4).

Accessory Dwelling Units (See § 513)

Affordable Housing (See § 405, Affordable Housing)

Day Care Center

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Earth Removal

Governmental Facilities

Hotels (See § 407, Hotels)

Inns (See § 408, Inns)

Parking Lot

Public Works Facilities

Recreational Facilities: Except Miniature Golf (See § 410, Recreational Facilities)

Religious Facility

Utility Facility

WECS subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development).

§ 309 Residential C/Mixed Use Zone (RC/M Zone).

[Ord. of 8-17-2011]

Purpose. The Residential C Zone/Mixed Use Zone (RC/M Zone) comprises predominantly residential areas which include a significant component of hotels and inns. It is intended that the zone provide for a variety of residential uses and retail/residential mixed uses.

Residential Density. Minimum developable land area required for each dwelling unit. (See § 202, Definitions, "Developable Land") Either:

With public sewer, 20,000 square feet of developable land is required; or

Without public sewer, 40,000 square feet of developable land is required.

Dimensional Standards. (Table amended November 5, 2012 by Ord. No. 2012-10)

[Amended 7-15-2020 by Ord. No. 2020-05]

Minimum Lot Area:
With Public Sewer	20,000 square feet
Without Public Sewer	40,000 square feet
Minimum Lot Frontage	75 feet
Minimum Setbacks for Principal and Accessory Structures:
Front	25 feet, or no less than that of principal structure on any one adjoining lot
Side	20 feet
Rear	40 feet
Minimum Setbacks for Accessory Structures: Building footprint limited to 144 square feet, and building height limited to 12 feet
Front	25 feet
Side	10 feet
Rear	10 feet
Maximum Lot Building Coverage	25%
Maximum Lot Coverage	35%
Maximum Height*:
Main Structure	30 feet
Accessory Structure	20 feet

The maximum height for any structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 23 feet. The maximum height for any accessory structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be no higher than 70% of the height of the main structure.

Permitted Uses.

[Amended June 21, 2000; June 19, 2002; May 23, 2001; 5-3-2017 by Ord. No. 2017-01; 3-5-2018 by Ord. No. 2018-02; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Home Occupations (See § 510, Accessory Uses)

Community Residences

Family Day Care Homes

Farming

Professional and Business Services

Rental Rooms (See § 509, Rental Rooms)

Single Family Dwelling Units (one per lot)

WECS subject to 508

Physical fitness classes/yoga classes

Uses Allowed by Special Use Permit (See Article 4).

[Amended May 23, 2001; December 6, 2004; July 2, 2007; July 6, 2009; December 16, 2009; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (See § 513)

Affordable Housing (See § 405, Affordable Housing)

Commercial/Residential Mixed Use (See § 411, Commercial/Residential Mixed Use)

Day Care Center

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Governmental Facilities

Hotels (See § 407-Hotels)

Inns (See § 408, Inns)

Light Assembly

Parking Lot

Public Works Facilities

Recreational Facilities: Except Miniature Golf (See § 410, Recreational Facilities)

Religious Facility

Utility Facility

WECS Subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development)

§ 310 Mixed Use Zone (M Zone).

[Ord. of 8-17-2011; amended November 5, 2012 by Ord. No. 2012-10]

Purpose. The Mixed Use Zone (M Zone) comprises an area transitional between the year-round and seasonal residential areas and the mixed residential retail area. It is intended that the area include a mix of residential dwellings with specially approved retail and service uses.

Residential Density. Minimum developable land area required for each dwelling unit. (See § 202, Definitions, "Developable Land") Either:

With public sewer, 20,000 square feet of developable land is required; OR

Without public sewer, 40,000 square feet of developable land is required.

Dimensional Standards.

[Amended 7-15-2020 by Ord. No. 2020-05]

Minimum Lot Area:
With Public Sewer	20,000 square feet
Without Public Sewer	40,000 square feet
Minimum Lot Frontage	75 feet
Minimum Setbacks for Principal and Accessory Structures:
Front	25 feet, or no less than that of principal structure on any one adjoining lot
Side	20 feet
Rear	40 feet
Minimum Setbacks for Accessory Structures: Building footprint limited to 144 square feet, and building height limited to 12 feet
Front	25 feet
Side	10 feet
Rear	10 feet
Maximum Lot Building Coverage	16%
Maximum Lot Coverage	30%
Maximum Height*:
Main Structure	30 feet
Accessory Structure	20 feet

Permitted Uses.

[Amended June 21, 2000; May 23, 2001; June 19, 2002;5-3-2017 by Ord. No. 2017-01; 3-5-2018 by Ord. No. 2018-02; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Use/Home Occupations (See § 510, Accessory Uses)

Commercial Fishing

Community Residences

Family Day Care Homes

Farming

Professional and Business Services

Rental Rooms (See § 509, Rental Rooms)

Single Family Dwelling Units (one per lot)

WECS subject to 508

Physical fitness classes/yoga classes

Uses Allowed by Special Use Permit (See Article 4).

[Amended May 23, 2001; December 6, 2004; July 2, 2007; July 6, 2009; June 7, 2010; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (See § 513)

Affordable Housing (See § 405, Affordable Housing)

Bike Rental

Commercial/Residential Mixed Use (See § 411 Commercial/Residential Mixed Use)

Day Care Center

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Earth Removal (See § 418, Earth Removal)

Governmental Facilities

Inns (See § 408, Inns)

Parking Lot (See § 420, Parking Lots)

Public Works Facilities

Recreational Facilities: Except Miniature Golf (See § 410, Recreational Facilities)

Religious Facility

Restaurant (See § 409 Restaurants in the M Zone)

Utility Facilities (See § 417, Utility Facilities)

Waterfront Uses (See Sections 318, Waterfront Overlay and 415, Waterfront Uses)

WECS subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development)

§ 311 Old Harbor Commercial Zone (OHC Zone).

[Amended July 10, 2000; Ord. of 8-17-2011]

Purpose. The Old Harbor Commercial Zone (OHC Zone) is historically and commercially defined. It provides seaward contact with the mainland with attendant dock activities and is the site of the major hotels, stores, restaurants and related activities. It is intended that all development within the OHC Zone be compatible with existing adjacent structures and uses and in accordance with the Old Harbor Plan 1987 as amended.

Residential Density. Minimum developable land area required for each dwelling unit, 20,000 square feet. (See § 202, Definitions, "Developable Land")

Dimensional Standards.

[Amended 7-15-2020 by Ord. No. 2020-05]

Minimum Lot Area	20,000 square feet
Minimum Lot Frontage	75 feet
Minimum Setbacks*
Front	5 feet, or consistent with adjacent buildings
Side	5 feet, or consistent with adjacent buildings
Rear	25 feet
Minimum Setbacks Accessory Structures and Uses
Front	5 feet
Side	5 feet
Rear	25 feet
Maximum Lot Building Coverage	50%
Maximum Lot Coverage	75%
Maximum Height**
Main Structure	40 feet
Accessory Structure	25 feet

*	Any through lot which fronts on both Weldon's Way and Water Street shall be considered to have two front lot lines and no rear lot line. The front setback shall apply to both streets.
**	The maximum height for any structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 33 feet. The maximum height for any accessory structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be no higher than 60% of the height of the main structure.

Permitted Uses.

[Amended June 21, 2000; May 23, 2001; June 19, 2002; July 6, 2009; November 5, 2012 by Ord. No. 2012-09; 5-3-2017 by Ord. No. 2017-01; 3-5-2018 by Ord. No. 2018-02; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Home Occupations (See § 510, Accessory Uses)

Accessory Uses/Gaming devices and table games (See § 516 Gaming Devices and Table Games)

Commercial Fishing

Commercial/Residential Mixed Use (See § 411, Commercial/Residential Mixed Use)

Community Residences

Family Day Care Home

Farming

Professional and Business Services

Rental Rooms (See § 509, Rental Rooms)

Restaurants

Retail Trade

Single Family Dwelling Unit (one per lot)

WECS subject to 508

Physical fitness classes/yoga classes

Uses Allowed by Special Use Permit (See Article 4).

[Amended May 23, 2001; December 6, 2004; July 2, 2007; December 16, 2009; 7-6-2020 by Ord. No. 2020-02; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (See § 513)

Accessory Hotel Rooms (see § 407, Hotels)

Affordable Housing

Assembly Halls

Multi-Family Development

Bicycle Rental (See § 412, Bicycle Rental)

Commercial Radio and Television Stations (See § 417, Utility Facilities)

Day Care Center

Inns (See § 408, Inns)

Light Assembly

Parking Lots (See § 420, Parking Lots)

Public Works Facilities

Recreational Facilities (See § 410, Recreational Facilities)

Religious Facility

Theaters

Utility Facilities (See § 417, Utility Facilities)

Warehouse & Storage

Waterfront Uses (See Sections 318, Waterfront Overlay & 415, Waterfront Uses)

WECS subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development)

§ 312 New Harbor Commercial Zone (NHC Zone).

[Ord. of 8-17-2011]

Purpose. The New Harbor Commercial Zone (NHC Zone) is primarily for marine-related uses and services, including recreational and boating facilities. The Zone is designed to allow these uses while providing protection necessitated by the area's high degree of natural vulnerability and its proximity to an important Island aquifer.

Residential Density. Minimum developable land area required for each dwelling unit, 20,000 square feet. (See § 202, Definitions, "Developable Land")

Dimensional Standards.

[Amended 7-15-2020 by Ord. No. 2020-05]

Minimum Lot Area
With Public Sewer	20,000 square feet
Without Public Sewer	40,000
Minimum Lot Frontage	150 feet
Minimum Setbacks
Front, adjacent to Main road	25 feet
Front, all others	35 feet
Side	25 feet
Rear	25 feet
Minimum Setbacks Accessory Structures and Uses
Front, adjacent to Main road	25 feet
Front, all others	35 feet
Side	25 feet
Rear	25 feet
Maximum Lot Building Coverage	20%
Maximum Lot Coverage	35%
Maximum Height*
Main Structure	30 feet
Accessory Structure	25 feet
Maximum Bulk	No single structure shall exceed 8,000 square feet. Accessory buildings shall be smaller than principal structures.

Permitted Uses.

[Amended June 21, 2000; May 23, 2001; June 19,2002; July 6, 2009; November 5, 2012 by Ord. No. 2012-2009; 5-3-2017 by Ord. No. 2017-01; 3-5-2018 by Ord. No. 2018-02; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Gaming devices and table games (See § 516 Gaming Devices and Table Games)

Accessory Use/Home Occupations

Commercial Fishing

Commercial/Residential Mixed Use (See 411, Commercial/Residential Mixed Use)

Community Residences

Family Day Care Homes

Farming

Professional and Business Services

Rental Rooms (See § 509, Rental Rooms)

Restaurants

Retail Trade

Single Family Dwelling Units

WECS subject to 508

Physical fitness classes/yoga classes

Uses Allowed by Special Use Permit (See Article 4).

[Amended May 23, 2001; December 6, 2004; July 2, 2007; December 16, 2009; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (See § 513)

Affordable Housing

Assembly Halls

Multi-Family Development

Bicycle Rental (See § 412, Bicycle Rental)

Commercial Radio and Television Stations (See § 417, Utility Facilities)

Day Care Center

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Government Facilities

Hotels (See § 407, Hotels)

Inns (See § 408, Inns)

Light Assembly

Parking Lot (See § 420, Parking Lots)

Public Works Facilities

Recreational Facilities: Except Miniature Golf (See § 410, Recreational Facilities)

Religious Facility

Theaters

Utility Facilities (See § 417, Utility Facilities)

Warehouse and Storage Facilities (See § 416, Warehouse and Storage Facilities)

Waterfront Uses (See Sections 318, Waterfront Overlay 415, Waterfront Uses)

WECS subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development)

§ 313 Service Commercial Zone (SC Zone).

[Ord. of 8-17-2011]

Purpose. The Service Commercial Zone (SC Zone) comprises land connecting the two harbors. It is intended that the SC Zone be developed primarily to serve the utility and service needs of the Island.

Residential Density. Minimum developable land area required for each dwelling unit, 20,000 square feet. (See § 202, Definitions, "Developable Land")

Dimensional Standards.

[Amended 7-15-2020 by Ord. No. 2020-05]

Minimum Lot Area	20,000 square feet
Minimum Lot Frontage	100 feet
Minimum Setbacks
Front	25 feet
Side	25 feet
Rear	50 feet
Minimum Setbacks Accessory Structures and Uses
Front	25 feet
Side	25 feet
Rear	50 feet
Maximum Lot Building Coverage	25%
Maximum Lot Coverage	35%
Maximum Height*
Main Structure	30 feet
Accessory Structure	30 feet

*	The maximum height for any structure located in a special flood hazard area, as shown on official FEMA Flood Insurance Rate Maps, shall be 23 feet.

Permitted Uses.

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structures (See § 511, Accessory Residential Structure)

Accessory Uses/Gaming devices and table games (See § 516 Gaming Devices and Table Games)

Accessory Use/Home Occupation

Commercial/Residential Mixed Use (See § 411, Commercial/Residential Mixed Use)

Community Residences

Family Day Care Homes

Farming

Professional and Business Services

Rental Rooms (See § 509, Rental Rooms)

Restaurants

Retail Trade

Single Family Dwelling Unit

WECS subject to 508

Physical fitness classes/yoga classes

Uses Allowed by Special Use Permit (See Article 4).

[Amended December 17, 1997; May 23, 2001; December 6, 2004; July 2, 2007; December 16, 2009; 1-8-2024 by Ord. No. 2024-01; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (See § 513)

Affordable Housing

Assembly Halls

Multi-Family Development (See § 404, Multi-Family Development)

Automotive Sales, Service and Repair (See § 419, Automotive Sales, Service and Repair)

Bicycle Rental (See § 412, Bicycle Rental)

Cellular Antenna Towers (See § 421, Cellular Antenna Towers)

Commercial Radio and Television Station (See § 417, Utility Facilities)

Day Care Center

Secondary Dwelling Development (See § 403, Secondary Dwelling Development)

Government Facilities

Inns (See § 408, Inns)

Light Assembly

Parking Lots (See § 420, Parking Lots)

Public Works Facilities

Recreational Facilities (See § 410, Recreational Facilities)

Religious Facility

Utility Facilities (See § 417, Utility Facilities)

Warehouse and Storage Facilities (See § 416, Warehouse and Storage Facilities)

Waterfront Uses (See Sections 318, Waterfront Overlay 415, Waterfront Uses)

WECS subject to § 508

Uses Allowed Only As Land Development Projects.

Flexible Design Residential Development (See § 402, Flexible Design Residential Development)

§ 314 Coastal Zone (C Zone).

[Amended December 7, 2009]

Purpose. The Coastal Zone (C Zone) comprises the Island's environmentally vulnerable coastal bluffs, dunes, and wetlands and the area landward 100 feet from such delineated coastal feature or mean high water as determined by the Coastal Resources Management Council (CRMC), whichever is more inclusive. It is intended that these critical coastal features be provided a high level of protection.

Permitted Uses.

Pedestrian paths and travelways for recreational and/or educational use, provided however that, there will be no breaching or other disturbance of dunes or dune vegetation, no clear cutting of existing vegetation or alteration of wildlife habitats.

Town roads or pathways or public launch or rescue access ways to the water.

WECS subject to § 508, limited to Assessor's Plat 1, Lot 1-2. (Amended September 5, 2001; December 7, 2009]

Uses Allowed by Special Use Permit (See Article 4).

Waterfront Uses (See Sections 318, Waterfront Overlay 415, Waterfront Uses)

Utility WECS subject to § 508G and limited to Assessor's Plat 2 Lot 48-1 and Lot 39.

§ 315 Flood Control Overlay (FC Overlay).

(Reserved)[1]

[1]

Editor's Note: § 315, Flood Control Overlay (FC Overlay) was deleted in its entirety October 7, 2013 by Ord. No. 2013-11. See Chapter 11, Article I, Flood Ordinance.

§ 316 Pond Quality Overlay (PQ Overlay)

(Reserved)

§ 317 Historic Overlay (H Overlay).

Purpose. The Historic Overlay (H Overlay) comprises areas and structures of historic and architectural value to the Island. It is intended that areas and structures within the H Overlay will be regulated as to construction, alteration, repair, moving and demolition in order to safeguard the heritage of the Island.

Historic District Zoning Ordinance Incorporated. This Zoning Ordinance incorporates by reference the Town of New Shoreham Historic District Zoning Ordinance, which is made a part hereof together with all of its provisions, which shall be administered by the Historic District Commission appointed by the Town Council. (See New Shoreham Historic District Map).

Amendment of Historic Overlay Boundaries. Notwithstanding any other provisions of the Zoning Ordinance to the contrary, the Town Council, upon advice of the Historic District Commission or the Planning Board, may amend the boundaries of the Historic Overlay.

§ 318 Waterfront Overlay (W Overlay).

[Amended May 19, 2004]

Purpose. The Waterfront Overlay (W Overlay) comprises the Island's saltwater harbors and ponds and the lands contiguous to them, which contain important ecological systems and archaeological sites and provide the basis for economic activity vital to the Island: facilities and services associated with recreational boating, commercial fishing, and marine transportation. It is intended that the W Overlay be protected by controls not provided by other provisions of the Zoning Ordinance, namely, the establishment of uses for the Island's harbors, ponds, and marshlands which conform to State and Federal regulations for managing coastal resources.

Jurisdiction. This section shall apply to all of the land area between the mean high water of all tidal waters and a line 50 feet landward thereof together with the abutting waters over which the Town has legal jurisdiction, either along with or concurrent with other State or Federal regulatory agencies.

Permitted Uses. Permitted uses along the shorelines within the Waterfront Overlay shall conform to the priorities, restrictions and designations established by the Coastal Resources Management Council (CRMC) for uses and activities on the adjoining waters. These are set forth in the Coastal Management Plan as amended together with the Addendum to that Plan with specific regard to the Block Island Quadrangle.

Type 1 Districts. Defined as the shoreline along the northern and eastern portions of the Great Salt Pond, extending from a point of land on the eastern shore of the channel to Trim's Pond being the high water mark on the northerly stone rip rap of Indian Head Neck Road running northerly to can buoy #13 (ref. NOAA Navigation Chart #13217); northeasterly to Harris Point; northwesterly to the point of land on the southeast side of the Great Salt Pond breachway. Trim's Pond east of a line from a point of land on the eastern shore of the channel to Trim's Pond being the high water mark on the northerly stone rip-rap of Indian Head Neck Road running southeasterly across the northerly boundary of Lot 116 on Tax Assessor's Plat 5 as laid out on March 4, 1989; Trim's Pond west of Ocean Avenue. All of Harbor Pond, Great Salt Pond and Cormorant Cove west of a line drawn from the point of land on the southwest side of the Great Salt Pond breachway running southeast to the intersection of the layout of Type 3 waters as designated by CRMC and subject to change; and adjoining and contiguous tidal marshes.

Commercial and recreational shellfishing not involving the construction or placement of structures.

Type 2 Districts. Defined as the central portion of the Great Salt Pond lying within an area created by lines drawn from the breakwater on the western side of Great Salt Pond breachway; running south-easterly to the boundary of Type 3 Waters as designated by CRMC and subject to change; easterly to can buoy #13; northeasterly to Harris Point; northwesterly to a point of land on the southeast side of the Great Salt Pond breachway. The waters of Trim's Pond, excepting the area known as the "Hog Pen," or a line from the high water mark on the northerly stone rip-rap of Indian Head Neck Road running southeasterly across the northerly boundary of Lot 116 Tax Assessor's plat 5 as laid out on March 4, 1989, including the portion of Trim's Pond south of the "Hog Pen" extending west to Ocean Avenue. Bounded on the west by a line from the intersection of the northern boundary of Lot 104 with the western boundary of Lot 103, thence running northwest to the northernmost corner of Lot 64-1.

All recreational uses not involving the construction or placement of structures, as defined.

Commercial and recreational shellfishing not involving the construction or placement of structures.

Type 3 Districts. Defined as the southern shoreline of the Great Salt Pond from the boundary of the New Harbor Commercial Zone north of Champlin's Dock to the western side of the channel leading into Trims Pond. In addition, that portion of Trim's Pond known as the Hog Pen. West of a line starting at the northernmost corner of Lot 64-1 and running generally southeasterly to the intersection of the northern boundary of Lot 104 with the western boundary of Lot 103.

All recreational uses not involving the construction or placement of structures, as defined.

Commercial and recreational shellfishing not involving the construction or placement of structures.

Type 5 Districts. Defined as the shoreline of the Old Harbor, from the outer end of the east breakwater to the outer end of the west breakwater.

All recreational uses not involving the construction or placement of structures, as defined.

Commercial and recreational shellfishing not involving the construction or placement of structures.

Uses Allowed by Special Use Permit (See Article 4).

Type 1 Districts. (See definition noted in § 318(C)(1) above)

Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

Aquaculture.

Type 2 Districts. (See definition noted in § 318(C) (2) above)

Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

Aquaculture.

Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

Public launching ramps.

Type 3 Districts. (See definition noted in § 318(C) (3) above)

Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

Aquaculture.

Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

Commercially operated docks and marinas appropriate to support recreational boating, fishing, and shellfishing.

Public launching ramps and any use accessory thereto.

Boatyards and boat storage facilities.

All retail uses, including restaurants whose principal use is marine-related or otherwise marine dependent.

Type 5 Districts. (See definition noted in § 318(C) (4) above)

Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

Aquaculture.

Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

Commercially operated docks and marinas appropriate to support recreational boating, fishing, and shellfishing.

Public launching ramps and any use accessory thereto.

Boatyards and boat storage facilities.

All retail uses, including restaurants whose principal use is marine related or otherwise marine dependent.

Office, storage and parking areas required for marine related uses, including but not limited to those uses and structures which depend on tourism and the accessibility to Block Island via Old Harbor.

Terminal facilities for passenger, vehicle and freight-carrying vessels.

Public recreational structures.

§ 319 Planned Development Zone (PD Zone).

[Amended December 3, 2001; January 21, 2004; July 21, 2004]

Planned Development Authorized.

Applicability. This Section permits the creation of Land Development Projects in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to the planned development of residential, commercial, municipal, recreational, and open space, or a combination of those uses.

Procedural Intent. Planned Development Districts (PD Districts) are intended to give the Town Council an alternative to zoning amendments to allow creative development of certain critical parcels of land located in the Residential C Zone (hereinafter referred to as "Residential C Zone Planned Development Districts"), as well as parcels located within the Residential C Zone, or the New Harbor Commercial Zone which may be designated hereunder as being suitable for conversion of existing buildings to multi-family housing designed to alleviate the critical shortage of moderately priced year round housing, whether or not such housing conforms to the definitions of "affordable housing" under § 405 (hereinafter referred to as "Multi-Family Housing Planned Development Districts"). The PD District procedures provide for review and public hearing by the Planning Board prior to any Town Council consideration of the zoning amendment and a public hearing before the Town Council.

Residential C Zone Planned Development Districts.

Objectives.

To encourage the effective and timely development of critically located parcels in the Residential C Zone, particularly where the RC Zone abuts the OHC Zone, in accordance with the objectives and policies of the Town's Comprehensive Plan;

To allow for cohesive design and development in meeting identified town wide and municipal needs, including parking in the downtown area, affordable housing, day care, and elder care facilities.

Standards and Requirements for Residential C Zone Planned Development Districts.

Eligible Locations. A Residential C Zone Planned Development District shall consist of lands zoned Residential C Zone, and may also include additional contiguous land and structures, located in another zoning district, if there is a cooperative agreement involving said parcels including shared parking, easements for utilities and vehicular and pedestrian access and compatibility of uses and structures.

Owner Consent. No Residential C Zone Planned Development District shall be established or plans reviewed by the Planning Board unless and until there is on file with the Town the written consent of every property owner within the proposed district, at the time of the establishment of the district, agreeing that they will be bound by any conditions, stipulations or restrictions imposed within the district.

Conditions. The Town Council may apply such special conditions, restrictions or stipulations to any Residential C Zone Planned Development District established by it as it may, in its opinion, deem necessary to maintain harmony with neighboring uses and promote the purposes of the Comprehensive Plan and this Zoning Ordinance.

Permitted Principal Uses. Permitted uses shall be affordable housing, single family dwelling units, parking, daycare, community center, community residences, retail trades, hotels, inn, restaurant, continuation or expansion of existing commercial uses linked with the Planned Development, or any mixture of those uses. Dwelling units dedicated to affordable housing may be arranged in detached or attached structures to a maximum of six units per structure. Dwelling units above commercial or municipal uses are allowed as part of the total plan.

Permitted Accessory Buildings, Structures and Uses. The following accessory buildings, structures, and uses may be permitted as part of a Residential C Zone Planned Development District:

Off street parking and loading;

Any accessory building, structure or use customarily incidental and directly related to the operation of the principal use or uses of the property;

Signs, subject to the provisions of this Zoning Ordinance.

Utilities. The following regulations regarding utilities shall govern all PD Districts:

All structures and uses in the Planned Development shall be served by public water and sewer.

All utilities shall be underground and shall be in accordance with the Land Development and Subdivision Regulations and the Utility Standards of the Town.

Regulations.

Dimensional Standards. Unless modified as provided herein, all applicable dimensional standards for the underlying zoning district in which the property is situated shall apply to any Residential C Zone Planned Development District.

Unless modified as provided herein, all Planned Developments in the Residential C Zone Planned Development District shall conform to the off street loading, lighting, sign and all other regulations of the Zoning Ordinance for the zoning district in which the property is situated.

Modifications of these regulations may be approved for any Planned Development if both the Planning Board and the Town Council determine that any requested modification:

(1)

Results in and facilitates a desirable living environment;

(2)

Allows for an identified need in the community to be served;

(3)

Is supportable by access provisions and utilities as proposed in the Plan;

(4)

Is harmonious with existing character and safeguards the use and value of property adjacent to the area;

(5)

Is consistent with protection of environmental resources;

(6)

Is consistent with the objectives of the Comprehensive Plan;

(7)

Is the smallest departure consistent with achieving all of the above.

Multi-Family Housing Planned Development Districts.

Objectives.

To recognize that certain locations within the Residential C and New Harbor Commercial Zones, given their existing and adjoining land use patterns and the presence of existing buildings which may be suitable for conversion to moderately priced year round multi-family housing; and

The modification of the multi-family development requirements otherwise applicable to existing buildings under § 404(A) (Multi-Family Housing Planned Development Districts) in order to fulfill the objectives and policies of the Town's Comprehensive Plan regarding moderately priced year-round housing.

Standards and Requirements for Multi-Family Housing Planned Development Districts.

A Multi-Family Housing Planned Development District shall be established only with respect to a parcel containing a structure suitable for conversion to multi-family housing which was in existence as of January 1, 2001, serviced by municipal sewer.

The permitted uses in the Multi-Family Housing Planned Development District shall include any use permitted in the underlying zone. In addition, attached multi-family development shall be allowed at such density as may be permitted without expansion or enlargement of the existing building beyond what is necessary to meet health, building and fire code requirements, and subject to the following:

(1)

Units shall be limited to one or two bedrooms and there shall be an appropriate mixture of each;

(2)

All units shall be winterized and heated;

(3)

Each one bedroom unit shall have a minimum of 400 square feet of floor area;

(4)

Each two bedroom unit shall have a minimum of 600 square feet of floor area;

(5)

Due provision shall be made for an appropriate number of units for elderly or handicapped residents;

(6)

Due provision shall be made for common recreation area(s) within the building and there shall be suitable availability of outdoor recreation area on the parcel or in the immediate vicinity thereof;

(7)

No additional entries shall modify the street frontage of the building.

Documents shall be prepared, and recorded on the land evidence records, which will ensure that the sale prices, and resale prices of an appropriate percentage of the housing units will remain moderate such that the purpose and intent of this ordinance will be fulfilled. Notwithstanding any representation by an applicant, should the Town Council in its sole discretion not be satisfied as to the assurances required herein it shall be grounds for denial.

Procedures For All Planned Development Districts.

Submittals. In addition to any other submittals required under the Land Development and Subdivision Regulations or the Utility Standards the applicant shall also submit:

A map showing, for all properties within 200 feet of the proposed PD District, the locations of all zoning district boundaries, property lines, existing and proposed structures, sites of historic or archeological importance, land uses, and unique natural features of the landscape.

If the Planned Development is being proposed for phased development, a description and timing plan for the phasing must be provided as part of the checklist for Master Plan review. At Final Plan review, applicant must submit a construction sequence and time schedule for completion of each phase for buildings, parking, and landscaped areas.

Architectural plans for any new construction or exterior alterations to any existing structure.

If any modifications of any utility standards, dimensional standards or other regulations are being requested, a written request for such modifications specifying exactly the standard or regulation being modified, the alternative proposed, the reasons why the standard or regulation cannot be met and the justification for the modification as required under § 319(B)(7)(c) (1 through 7).

A written narrative as to the reasons the proposal meets the Comprehensive Plan and the requirements of § 319(D)(3) (a through i).

As part of the Master Plan checklist, written comments from the Historic District Commission (HDC) indicating that the HDC has no jurisdiction over any elements of the PD District or Planned Development or, if it does have jurisdiction, the nature of that jurisdiction and its written comments and any recommendations it may have on the proposal.

Planning Board Action.

A Planned Development shall be a Major Land Development Plan and shall first follow the procedures of Article 8 of the Land Development and Subdivision Regulations through the Pre-Application and Master Plan stages.

Following its Master Plan Public Hearing, the Planning Board may recommend to the Town Council the establishment of a PD District, recommend establishment with such special conditions, stipulations or restrictions as it deems advisable, or recommend denial. The Board shall transmit its recommendations and findings to the Town Council within 45 days of its decision.

Upon the establishment of a PD District and Master Plan concept approval by the Town Council, submittals shall be made to the Planning Board for Preliminary Plan and Final Plan approval as provided in § 8 of the Land Development and Subdivision Regulations.

Town Council Action. Within 45 days of receipt of the recommendation of the Planning Board, the Town Council shall establish a public hearing date for the application for the establishment of a PD District. The Town Council, after the public hearing, shall make a final determination on a zone change, approving by ordinance the establishment of the proposed PD District, and approving, approving with conditions, stipulations or restrictions or denying the application for the Planned Development Master Plan approval. The Town Council shall render its decision within 45 days of the close of the public hearing. The Town Council may establish the proposed PD District and approve the Master Plan only if it finds, based upon the application submittals, Planning Board recommendation, and information received at the public hearing that:

The proposed PD District is in conformance with the Planned Development Ordinance objectives and purposes.

The uses proposed will not be detrimental to present and potential surrounding uses but will produce community benefits that could not be achieved under other zoning districts.

The streets and access ways proposed are suitable and adequate to carry anticipated traffic and traffic will not overload streets outside the PD District.

The design and the community benefit served by the PD District warrant any exception from standard ordinance requirements and the appropriate use and value of property adjacent to the area included in the plan will be safeguarded.

The proposed district is in conformance with the Comprehensive Plan of the Town of New Shoreham.

The proposal consists of a harmonious grouping of buildings or other structures, adequate utilities, parking and open space planned, as a single and common operating and maintenance unit, if applicable.

The existing or proposed utility services are adequate for the projected demand.

The proposal exhibits sensitivity to natural and cultural resources, including agricultural land and historic and archeological resources.

That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of the ordinance shall be fully complied with at the completion of any stage.

Assurances. At the time of adopting any ordinance amendment establishing a PD District, the Council shall impose appropriate conditions and stipulations which will insure the accomplishment of the public improvements shown on the approved plan, including a performance bond for the entire project, or any phase of the project not contemplated to be completed prior to the request for Certificate of Occupancy.

Amendments, Modifications and Changes. Once approved, a Planned Development District, or the approved development plan, can be amended, modified or changed only as follows

Any additions or deletions of property, changes to the approved uses or additional requests for modifications of any requirements of the zoning ordinance or utility standards must follow the same procedure as the original request and can only be approved by final action of the Town Council.

Changes only affecting the approved development plan may be made by the Planning Board by following the procedure in § 8 of the Land Development and Subdivision Regulations for Preliminary Plan and Final Plan approval.

Minor changes to the plan, such as utility location, drainage revisions and landscaping changes may be made by following the provisions of the ordinance for development plan review. The determination of whether a change in the approved plan is minor is to be made by the Planning Board.

Inaction. If Start of Construction has not occurred within two years after a PD District is created, the Planning Board may review the action and determine whether or not the continuation of the PD District is in the public interest and so notify the Town Council of its findings. The Town Council, after public hearing and compliance with the provisions for a change in the zoning map as found in the Zoning Ordinances of the Town, may revoke the PD District designation giving consideration to the recommendation of the Planning Board. (Section Added May 16, 2001)

§ 320 Public Education Zone (PE Zone).

Purpose. The Public Education Zone comprises property which is to be limited in use to public education purposes. Recognizing the costs associated with providing quality education to the citizens of the Town, an integral part of which is the physical plant and the land costs inherent in any school construction, this Zoning District is designed to provide the maximum utilization of this Zone for the permitted purposes. This Zone permits educational and related facilities, including schools and office and clerical support, necessary to service the requirements of the Town.

Designation of Zone. The Zone shall consist of Lot 1 on Tax Assessor's Plat 10.

Dimensional Standards.

Minimum Lot Area	150,000 square feet
Minimum Lot Frontage	150 feet
Minimum Setbacks
Front	10 feet
Side	10 feet
Rear	5 feet
Maximum Lot Building Coverage	50%
Maximum Lot Coverage	75%
Maximum Height
Main Structure	50 feet
Accessory Structure	35 feet

Permitted Principal Uses. The permitted uses shall be schools.

Permitted Accessory Buildings, Structures and Uses. The following accessory buildings, structures and uses may be permitted as part of any Development Plan:

Off street parking and loading;

Any accessory building, structure or use customarily incidental and directly related to the operation of the principal use of the property;

Signs, subject to the provisions of this Zoning Ordinance;

Recreation fields and facilities used in conjunction with the principal use.

Utilities. The following regulations regarding utilities shall govern all Development Plans:

All structures and uses shall be served by public water and sewer if possible.

All utilities shall be underground and shall be in accordance with the Land Development and Subdivision Regulations and the Utility Standards of the Town.

Unless granted a modification or waiver by the Planning Board during Development Plan Review, all site improvements shall conform to any applicable provisions of the Land Development and Subdivision Regulations and the Utility Standards of the Town.

Procedure. Notwithstanding any other provisions of this Ordinance no construction or alterations to buildings, structures or other site improvements shall be permitted unless and until Development Plans shall have been reviewed and approved by the Planning Board as set forth in Sections 501, Development Plan Review Standards, and 704, Development Plan Review, of this Ordinance.

Submittals. In addition to any other submittals required under Development Plan Review or the Utility Standards the applicant shall also submit:

A map showing, for all properties within 400 feet of the property, the locations of all zoning district boundaries, property lines, existing and proposed structures, sites of historic or archeological importance, land uses, and unique natural features of the landscape, wells and other public water supplies.

If the project is being proposed for phased development, a description and timing plan for the phasing along with a construction sequence and time schedule for completion of each phase for buildings, parking, and landscaped areas must be provided as part of the Development Plan Review.

Architectural plans for any new construction or exterior alterations to any existing structure.

If any modifications of any utility standards are being requested, a written request for such waiver or modifications specifying exactly the standard or regulation being modified, the alternative proposed, the reasons why the standard or regulation cannot be met and the justification for the modification.

A written narrative as to the reasons the proposal meets the Comprehensive Plan.

Planning Board Action. No final approval of any Development Plan or modification requests may be given by the Planning Board unless and until it has received and considered written comments on the Plan and any requested modifications from the Town Engineer, the Conservation Commission, the Historic District Commission, the Building Official, the Police Chief, the Fire Chief, the Superintendent of Schools, the Town Manager, the Public Works Director, the Sewer Commission, the Land Use Administrative Officer, and the Town Solicitor. (Section Added May 1, 2000)

§ 321 Public Utility Zone (PU Zone).

Purpose. The Public Utility Zone (PU Zone) comprises property which is limited in use to public works and public utility purposes, including the installation and operation of utility-sized wind turbines. In order to reduce the use of non-renewable fossil fuels, enhance and protect the environment, contain public utility rates, and maintain the public health, safety and welfare, the installation of utility wind energy conversion systems (WECS) (See § 202 - Definitions) shall be permitted at an appropriate site, or sites, on Block Island. The PU Zone shall permit such utility wind turbines, as well as other public utility and public works facilities and accessory uses.

Designation of Zone. The PU Zone shall consist of that portion of Tax Assessor's Plat Lot 39 and Lot 40 which does not lie within the Coastal Zone. This parcel, which is used as the Town of New Shoreham's solid waste transfer facility, also has the following characteristics:

High annual wind power density, making it viable for commercial wind energy installation;

A location and elevation such that erection of a wind turbine would not conflict with aviation height restrictions associated with the Block Island state airport; and

A location that allows for the efficient and cost effective transmission of generated power back to the Block Island power plant and main distribution system.

Dimensional Standards.

Minimum Lot Area	240,000 square feet
Minimum Lot Frontage	400 feet
Minimum Setbacks
Front	50 feet
Side	50 feet
Rear	50 feet
Maximum Lot Building Coverage	15%*
Maximum Lot Coverage	30%*
Maximum Height for all Structures except Wind Turbines
Main Structure	30 feet
Accessory Structure	25 feet
Maximum Height for Wind Turbines	265 feet**

*	Lot coverages shall be measured as a percentage of developable lot area.
**	Wind turbine height is measured from finished grade to the tip of the rotor blade at its highest point.

Permitted Principal Uses.

WECS subject to § 508

[Amended May 23, 2001]

Uses Allowed with Special Use Permit (See Article 4). Public Works Facilities

Recreational Facility

Solid Waste Transfer Facility

Utility Facilities (See § 417)

Waterfront Uses (See Sections 318, Waterfront Overlay and 415, Waterfront Uses)

WECS, Utility (See Sections 422, Utility WECS and 508G)

Permitted Accessory Structures and Uses. Off-street parking and loading

All support facilities related to the maintenance and operation of the facility or utility

Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures, installation of a utility wind turbine, or other site improvements shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in § 704.

Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:

An existing conditions plan prepared by a registered land surveyor or professional engineer which shows contours at two foot intervals; all structures, travel lanes and parking areas; all street and lot lines, dimensions and property setbacks; and the location of wetlands, water bodies and coastal features on the property and the distance to the nearest coastal feature outside the boundaries of the property.

A site plan which indicates the intended location of the proposed building, utility structure or wind turbine, and all accessory structures, including locations of upgraded transmission lines if applicable, with all dimensions and setbacks indicated, and all site improvements, including proposed grading, parking areas, fencing and landscaping.

Planning Board Action. Final approval of the development plans by the Planning Board shall be subject to the issuance of a Special Use Permit by the Zoning Board of Review for the use or uses proposed. The Planning Board shall give an advisory opinion to the Zoning Board regarding the granting of the Special Use Permit which may be undertaken concurrently with the development plan review. The Planning Board shall review the plans in accordance with the following:

All applicable general site standards contained in § 501 A.

A minimum setback for a utility wind turbine from any building which is equal to the total height of the turbine as measured in Section C above plus 10 feet, in which case the Planning Board shall determine that meeting this setback requirement does not restrict the potential for constructing a legal and conforming building on any adjoining privately-owned lot.

Potential of the site for public access and passive use, with provisions made for such access or use if determined to be feasible and desirable.

All other applicable parking, landscaping and utility standards contained in this Ordinance. (Section Added December 7, 2009)

§ 322 Medical Center Zone (MC Zone).

[Ord. of 4-20-2011, art. 3, § 322]

Purpose. The Medical Center Zone (MC Zone) comprises town-owned property which is limited in use to medical offices and accessory uses, including residences to be used principally for medical personnel. The MC Zone permits such medical diagnostic and treatment facilities, and related accessory uses, necessary to provide and support routine medical care on Block Island.

Designation of Zone. The MC Zone shall consist of Lots 2 and 3 on Tax Assessor's Plat 10.

Dimensional Standards.

Minimum Lot Area	120,000 square feet
Minimum Lot Frontage	200 feet
Minimum Setbacks
Front	25 feet
Side	10 feet
Rear	25 feet
Maximum Lot Building Coverage	25%
Maximum Lot Coverage	35%
Maximum Height
Main Structure	32 feet
Accessory Structure	25 feet

Permitted Uses.

[Amended May 23, 2001; 3-20-2024 by Ord. No. 2024-09]

Accessory Dwelling Units (Subject to § 513)

Accessory Residential Structure

Accessory Use - Home Occupation

Community Residences

Day Care Center

Elder Care Facility

Family Day Care Homes

Farming

Medical Facility

Rental Rooms

Single Family Dwelling Units

WECS subject to § 508

Uses Allowed with Special Use Permit (See Article 4).

Government Facility

Religious Facility

Utility Facility

Permitted Accessory Structures and Uses.

[Amended 3-20-2024 by Ord. No. 2024-09]

Off-street parking and loading

All support facilities related to the operation of a medical facility, including emergency activities

Accessory Dwelling Units, provided such dwelling units are occupied by medical personnel employed at the medical center. If, at such time after the construction of the permitted dwelling unit(s) for the purpose of providing housing for said medical personnel, there becomes no immediate need for the housing by medical personnel, it may be rented, on a yearly basis, to an island resident qualifying as a low or moderate income person or family.

Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures, or other site improvements within the MC Zone shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in § 704.

Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:

A site plan which indicates the intended location of the proposed building and all accessory structures, with all dimensions and setbacks indicated, and all site improvements, including proposed grading, parking areas, fencing, landscaping and lighting.

Architectural plans for any new construction or exterior alterations to any existing structure.

Standards of Review. No final approval of any development plan for building construction or alteration or other site improvements may be granted by the Planning Board until it has reviewed the plans in accordance with, but not limited to, the following:

All applicable general site standards contained in § 501 A.

The limitations on building footprint, living area, gross area and building volume as delineated in § 406 for a residential structure, beyond which the issuance of a Special Use Permit would be required.

All other applicable parking, landscaping, signage and utility standards contained in this Ordinance.

The ordinance will take effect upon completion of an administrative lot line change.