Town of New Shoreham, RI Criteria for Special use Permits

[Amended July 7, 1997; amended 2-21-2024 by Ord. No. 2024-04]

Special Use Permit Guidelines. The following guidelines shall be considered when reviewing and deciding on an application for a special use permit.

The proposed use or structure is appropriate for the specific site and is compatible with adjacent buildings in form, placement and design. The design and layout of buildings and other proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity. The scale, height, bulk and proportions of the proposed buildings, their design, including roof style, facade openings, architectural style and detailing and building materials, shall be visually and dimensionally compatible with the surrounding area.

The proposed use as developed will not adversely affect the established physical and visual pattern of land use and will not have negative effects on Island and neighborhood character. The landscape shall be developed in such a manner as to be in keeping with the character of the surrounding neighborhoods and in accordance with good development practice by minimizing vegetation and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas. If a site includes a ridge or ridges above the surrounding areas and provides scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge.

The proposed use or structure will not cause a nuisance or serious hazard to pedestrians or landward and seaward vehicles and their users.

Adequate and appropriate infrastructure facilities, including but not limited to sewage disposal and drainage, will be provided to assure the proper operation of the proposed use or structure.

There will not be significant negative impact on important natural resources, including but not limited to habitats or species listed as endangered, threatened or of special concern to the Rhode Island Natural Heritage Program, or on historic or archeological resources identified in the Comprehensive Plan or a document referenced therein.

If involving employment, the use will be supportive of the goals and objectives for economic development in the Economic Development element of the New Shoreham Comprehensive Plan, as most recently amended.

The use is consistent with the purpose of this Zoning Ordinance, the purpose of the zoning district in which the use is proposed, and the goals and objectives of New Shoreham's Comprehensive Plan, as amended, the Old Harbor Plan, as amended, or any other adopted Town Plan.

To the degree reasonably possible, dependency on individual motor vehicles for access by users shall be reduced through site selection (e.g. relatively central, or proximate to users), development design and facilities (e.g. good pedestrian and bicycle provisions, site arrangement facilitating shuttle buses or other auto alternatives, on-site mixture of uses), and proposed operations (e.g. provision of employee transportation).

The proposed uses and structures will not cause a degradation of the quality of surface or groundwater.

Dimensional Standards. Unless otherwise specified in this Article, the dimensional standards set forth for each zone shall govern.

Additional Conditions. In granting a Special Use Permit, the Zoning Board of Review may impose such additional conditions on the proposed development as it deems necessary to conform to the requirements of this Article and the pertinent performance standards set forth in Article 5, Performance Standards.

Specific and Objective Criteria for Special Use Permits. The following criteria shall apply to Special Use Permits for the uses listed below.

Special Use Permits for each of the various categories shall be issued in accordance with the following conditions and procedures:

Assembly Halls.

A pedestrian circulation plan shall be provided that specifies a dedicated pedestrian pathway from any parking area to the building entrance(s).

A security plan that specifies entrance procedures, police details and video and lighting locations in case of an emergency must be approved by the Chief of Police or his/her designee and updates shall be submitted to and approved by the Chief of Police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

Parking shall be screened along interior side and rear lot lines with a solid fence or wall or landscaping buffer, when the proposed use abuts a residential use or district. Any vegetated buffer must be a minimum of 6 feet wide and at least 6 feet in height.

Exterior lighting shall be dark sky compliant.

Commercial Radio/TV.

There shall be a setback a minimum distance of 110% of the height of the telecommunications tower from the property line and, where towers abut residential properties, the minimum setback shall be two times the tower height or 300 feet, whichever is greater, from any residential property line.

Where wireless telecommunications are installed on buildings, a parapet shall be installed to minimize the adverse visual impact of the tower and/or antenna.

Commercial Day Care Center.

The applicant shall provide proof of state licensing upon receipt.

There shall be a designated drop-off area.

A pedestrian circulation plan shall be provided that specifies a dedicated pedestrian pathway from any parking area to the building entrance(s).

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

Parking and outdoor play equipment shall be screened along interior side and rear lot lines with a solid fence or wall or landscaping buffer when the proposed use abuts a residential use or district. Any vegetated buffer must be a minimum of 6 feet wide and at least 6 feet in height.

Government Facility.

A pedestrian and vehicular circulation plan shall be provided that specifies a dedicated pedestrian pathway from any parking area to the building entrance(s). The circulation plan shall be reviewed and approved by local emergency officials.

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

Parking shall be screened along interior side and rear lot lines with a solid fence or wall or landscaping buffer when the proposed use abuts a residential use or district. Any vegetated buffer must be a minimum of 6 feet wide and at least 6 feet in height.

Public Works Facility.

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

Screening along lot lines with a solid fence or wall or landscaping buffer when the proposed use abuts a residential use or district. Any landscaping buffer must be a minimum of 6 feet wide and at least 6 feet in height.

Religious Facility.

A pedestrian circulation plan shall be provided that specifies a dedicated pedestrian pathway from any parking area to the building entrance(s).

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

Commercial Stables.

Stable facilities shall include a roof, a floor, and four sides and shall provide enough space for each animal to sit, stand, lie in a normal manner, and to turn about freely with each stall containing ten square feet of space per 100 pounds of body weight for each animal. Floors must be kept clean and dry with appropriate drainage.

In addition to the stable structure, one or more separate outside areas of shade must be provided by means of trees, permanent awnings, or suspended shade cloth (to be well-maintained) firmly secured to a frame or structure, large enough to contain all the animals housed in the stable and protect them from direct sunlight.

All equestrian related structures, including, but not limited to, paddocks, corrals, barns, box stalls, and fly-tight manure bins, except pastures, grazing areas, and access roads, shall maintain a minimum of 100 feet from any lot line which is used or zoned for residential use and a minimum of 100 feet from any existing dwelling not occupied by the property owner.

All overnight boarding operations shall be located indoors.

A frost-free supply of potable water shall be available at or near the stable for feeding, cleaning, and fire protection purposes.

The Applicant shall provide a plan to maintain compliance with all applicable state and local regulations regarding sanitary conditions that includes the development and implementation of a manure management plan to prevent odor and runoff issues. Manure shall be stored in such a manner and location that there can be no drainage or runoff into any wetlands resource areas or abutting properties.

Effluent containing urine and/or fecal matter from horses shall not be discharged directly into runoff, or permitted to flow over the surface of the ground.

Stables shall be required to obtain a permit and undergo regular inspections that ensure compliance with all applicable local and state regulations.

Theaters.

A security plan outlining entrance procedures, police details and video and lighting locations in case of an emergency must be approved by the Chief of Police or his/her designee and updates shall be submitted to and approved by the Chief of Police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

Parking and landscaping along the sides of the building shall be designed so as to allow for passage and stationing of fire and rescue vehicles.

A lighting plan must be submitted that shows that light will not trespass across property lines and that all lighting is dark sky compliant.

The levels of noise generated by any Theaters, measured at any property line, may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. The Applicant must provide a plan showing how noise will be mitigated to remain in compliance.

Indoor theaters shall be designed with soundproofing.

A pedestrian circulation plan shall be provided that specifies a dedicated pedestrian pathway from any parking area to the building entrance(s).

§ 402 Flexible Design Residential Development.

[Ord. of 8-17-2011, art. 4, § 402]

Purpose. The purpose of Flexible Design Residential Development is to allow greater flexibility and creativity in residential development in order to gain:

Permanent preservation of open space, particularly in large contiguous areas within the site or linked to off-site protected areas;

Protection of natural or cultural resources, including agricultural land and historic and archeological assets;

Protection of the character of Block Island through preservation of open space within view from public roads, preservation of stone walls and other historic landscape features, and siting of dwellings at low-visibility locations;

Protection of road appearance and capacity by avoiding development close to or egression directly onto such roads;

Location of development on sites best suited for development, and avoidance of development potentially damaging to environmentally fragile or historically important locations;

Low impact development by minimizing roadway length and width, making use of nonstructural drainage facilities, and siting dwellings to allow efficient use of alternative energy (solar and wind); and

Privacy for residents of individual lots.

Applicability. Flexible Design Residential Developments (see definition) are approved by the Planning Board under the review and approval procedures contained in the New Shoreham Land Development and Subdivision Regulations. Such developments are permitted in the RA and RB Zones, and can be proposed as an alternative design for either a minor or a major subdivision.

Procedures. Flexible Design Residential Developments shall be acted upon in accordance with the procedures established by the R.I. Land Development and Subdivision Review Act, governing the subdivision and development of land, and as contained in § 403 of the Subdivision Regulations.

Dimensional Requirements. Development within a Flexible Design Residential Development shall be subject to the following in lieu of the lot area, frontage and lot width requirements of Article 3.

Number of Lots. The total number of building lots created from any parcel shall be no greater than the number which could be expected to be built upon that parcel under a conventional subdivision plan. This must take into consideration how much of the land is actually buildable in compliance with all applicable town and state development requirements, based upon review of a concept plan submitted by the applicant showing division in compliance with the dimensional standards of Article 3.

Lot Area. While variations in lot size and configuration are encouraged in order to preserve open space and protect important site features, the following minimum lot areas are required:

RA Zone - 15,000 square feet

RB Zone - 10,000 square feet

In approving the creation of lots, the Planning Board shall ensure that sufficient land area is provided to allow an adequate building envelope, meet off-street parking needs, and locate on-site water supply and sewage disposal facilities.

Road Frontage. There is no categorical minimum frontage along either a public or private road required. The frontage provided need only be that necessary to meet building envelope location requirements and to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a road to be not necessary for physical access to the lot, none is required.

Existing Road Protection. Lots having reduced area or frontage shall not have frontage on a road other than one created by the development involved, unless specifically authorized by the Planning Board where justified by peculiar site circumstances.

Building Envelope Dimensions. All existing and proposed buildings shall be located within a building envelope to be designated for each lot on the land development plan, approved by the Planning Board, subject to the following dimensional requirements:

The envelope shall include no land within any setback required by Article 3 at any boundary line at the perimeter of the Flexible Design Residential Development, including the existing street line.

The envelope shall comply with any minimum setback required under a provision of the Zoning Ordinance other than Article 3 that applies to the parcel or to the use of the parcel, or any setback required as a specific condition of a previous zoning approval.

At a minimum, the envelope shall have a fifteen-foot front, side and rear yard setback for a lot in the RA Zone, and a ten-foot front, side and rear yard setback for a lot in the RB Zone.

Building Envelope Standards. In addition to the dimensional requirements above, the designation of a building envelope shall be subject to the following site standards:

The envelope shall include no land within any wetland, flood plain, or slope in excess of 25%.

The envelope shall avoid areas of critical environmental importance, such as habitats of species listed as endangered, threatened, or of special concern by the Rhode Island Natural Heritage Program.

The envelope shall be located so as to avoid damage to areas of visual importance, such as ridge lines, open fields, or dense vegetation buffering development from existing roads.

The envelope shall be located so as to avoid damage to agricultural land or historic or archaeological assets.

Utilities. In order to meet the purposes of this section and to facilitate innovative and sustainable design, the use of shared on-site wastewater treatment systems and shared wells shall be allowed, and, where practicable, individual electrical meters shall be consolidated in one physical location and screened.

Open Space. The land permanently protected from development as part of a Flexible Design Residential Development shall be designated as open space. Identification of the open space land shall meet the purposes of this section, and be approved by the Planning Board as part of the subdivision review and approval process.

Minimum Open Space Required. Although the amount of open space land may vary depending upon the characteristics of the parcel proposed for Flexible Design Residential Development, a minimum of 50% of the developable land area (See § 202) must be set aside as protected open space.

Open Space Design Standards.

Wherever possible, open space within a Flexible Design Residential Development should be integrated with and provide access to Block Island's open space network.

All open space not dedicated as conservation land shall be accessible to all dwellings in the development and shall be designed to provide passive recreational benefits to all residents of the development.

The site plan shall indicate any portion of open space intended as conservation land, the nature of the restrictions to be imposed, and the entity to which the conservation land is to be dedicated. All open space conservation land shall be so restricted in perpetuity.

Existing woods, stone walls, fields and wetlands shall be maintained as part of the open space design and plan.

Open space shall be of a size, shape and location suitable for the designated uses and shall be comprised of contiguous parcels whenever possible. Narrow parcels or strips of open space shall be allowed only as part of a pathway system open to the public or for residential pedestrian or vehicular access, or as buffer along site perimeters.

Allowable Uses in the Open Space. Uses within the open space shall be limited to the following, and must be approved by the Planning Board as part of an open space plan:

Conservation, i.e., land in its natural state set aside for wildlife habitat, species preservation or similar purposes, and which has limited access;

Passive recreation, i.e., land used for picnicking, or with trails for horse back riding or hiking, or similar non-intrusive uses;

Active recreation, i.e., land used as a playground, playing field or gathering spot with temporary facilities, or similar uses, provided such land does not utilize more than 15% of the total open space area;

Placement of on-site water supply and sewage disposal facilities, if determined by the Planning Board that such placement is necessary for protection of important site features elsewhere on the parcel or to achieve the best design for the subdivision;

On-site drainage facility, provided it meets the standards for Low Impact Design (see Article 10 of the Subdivision Regulations) and does not utilize more than 15% of the total open space area; and

Utility, drainage or access easements determined to be necessary to protect a public interest or to provide a clear public benefit.

Open Space Ownership and Management Standards.

Open space provided for under a Flexible Design Residential Development shall be owned by the owners of the lots or units in the development, appurtenant to their ownership interest, except however this shall not preclude ownership by the Town of New Shoreham, the Block Island Land Trust or a non-profit conservation organization in circumstances where such ownership, of all or part of the open space, is desirable due to the connectivity with land under the same ownership, or due to the presence of unique ecological, habitat or cultural features that make the land better served through ownership by a conservation organization. Ownership of open space by an entity other than the homeowners or the Town of New Shoreham shall be approved by the Planning Board. In the case of an easement restricting development, such easement may be held by either the Town or non-profit organization approved by the Planning Board.

When open space is to be privately owned, the following shall be required:

(1)

Rights shall be appurtenant to the lots in the development and shall run with the land.

(2)

A restriction enforceable by the Town shall be recorded providing that development of such open space, except as provided in this Section, shall be restricted in perpetuity.

(3)

A covenant enforceable by the Town shall be recorded providing for maintenance of the open space in perpetuity to standards satisfactory to the Planning Board and further providing that the Town shall have the right to maintain the open space at the cost of the lot owners, payment of which shall be enforceable by liens on the lots.

Planning Board Decision. The Planning Board shall approve the Flexible Design Residential Development or approve it with conditions provided that it meets all applicable standards of the Zoning Ordinance and Land Development and Subdivision Regulations, and reflects a good faith effort to satisfy the purposes of this Section. The Planning Board shall not approve a Flexible Design Residential Development, if in their determination, the plan as proposed does not meet said purposes, is not a suitable design according to the desirable development patterns of the surrounding area, or is otherwise inconsistent with the Comprehensive Plan.

§ 403 Secondary Dwelling Development.

[Amended October 6, 2008; February 20, 2013 by Ord. No. 2013-03; 3-20-2024 by Ord. No. 2024-09]

Purpose. The purpose of this section is to allow the development of two separate dwelling units on a single lot of record where only a single family dwelling unit would otherwise be allowed. The secondary dwelling unit is intended to provide additional housing opportunities for New Shoreham families while ensuring that island character is maintained.

Process. A Secondary Dwelling Development is allowed only by Special Use Permit. In addition to an application for a Special Use Permit, the applicant shall be subject to Development Plan Review.

Procedures.

In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

Site plan consisting of an accurate survey of the parcel showing topography, wetlands, trees, view sheds and scenic views, stone walls, and the location and dimensions of all existing and proposed structures;

Building elevations indicating all exterior materials, and floor plans, including total square footage of living space, of both dwellings. Photographs of an existing dwelling may be accepted in place of drawings of the building exterior.

A radius map showing all properties within 500 feet of the lot and the location of all structures with 500 feet of the property lines.

The Zoning Board shall refer the application to the Planning Board for an advisory recommendation regarding the special use permit application, and to the Historic District Commission for an advisory on building siting and massing.

An approval of a Secondary Dwelling Development may include additional conditions as deemed appropriate to achieve the purpose of this section, and shall be conditioned upon completion of the review and approval of site plans by the Planning Board.

Planning Board Procedures. The Planning Board shall review the application for a Secondary Dwelling Development pursuant to the provisions of Development Plan Review,

In reviewing the plans and materials, the relevant development plan review standards shall be applied, as well as the design intent and standards contained in this section.

The Planning Board shall determine the consistency of the application for a Secondary Dwelling Unit with the purpose of this section and with the Comprehensive Plan.

An approval of a site plan for a Secondary Dwelling Development may include additional conditions as deemed appropriate by the Planning Board to achieve the design intent of this section, provided such conditions do not serve to deny the applicant the right to construct a secondary dwelling unit as allowed by the permitting authority.

Design Intention. A Secondary Dwelling Development shall be designed to preserve open space and other natural and cultural features on the lot. The development shall be compatible with the character of the community by locating and orienting structures so as to protect existing large trees, stone walls, open fields and scenic views. The use of a shared driveway to access the parcel and the adaptation of existing lanes in the interior of the parcel is required. The secondary dwelling shall be smaller in scale than, but similar in design to, the existing or principal dwelling, so as to give the appearance of an accessory structure.

Density and Dimensional Standards. The development shall conform to the density and dimensional standards contained in Article 3, or to the following standards, whichever is the most restrictive. No variances for dimensional relief shall be granted, except however, if the secondary dwelling unit is proposed to be an affordable unit under the provisions of § 405, in which case reduction in minimum lot area, and relief from minimum setbacks and maximum lot coverages, as provided for under Sections 405C and 405D, respectively, may be allowed by the Board.

The floor area used for living space (See § 202, Definitions, "Floor Area, Living") of the dwellings within a Secondary Dwelling Development shall be limited as follows:

The total living area of the Secondary Dwelling Unit shall not exceed 2,000 square feet.

The total living area of both units combined shall not exceed 5,500 square feet.

The building height of the Secondary Dwelling Unit, or of both units if neither is constructed at the time of the application, shall not exceed 30 feet.

The total lot building coverage in the Residential A Zone shall not exceed 2.5%, except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to 3%. The total lot building coverage in the Residential B Zone shall not exceed 4.5%, except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to 5%.

The two dwellings shall be separated by not more than 50 feet unless the permitting authority determines that site circumstances require a wider separation in order to achieve consistency with the design intention of the ordinance or for public safety purposes.

Restriction Against Subdivision. A lot containing a Secondary Dwelling Unit may not be subdivided unless each proposed lot meets the minimum area requirements for a new lot created in the zoning district in which it is located. A restriction against subdivision shall be recorded as a deed restriction in the Land Evidence Records of the Town of New Shoreham prior to the issuance of any building permit. (Section Amended July 2, 2007)

Secondary Dwelling Units shall be offered for year-round rental only.

§ 404 Attached Multi-Family Development.

[Ord. of 8-17-2011; amended February 20, 2013; by Ord. No. 2013-03; 3-20-2024 by Ord. No. 2024-09]

Standards for Units in Existing Buildings. Multi-Family Development in existing buildings, subject to the provisions of § 113, Non-Conformance, shall meet the following standards:

Units in existing structures not served by municipal sewer shall be developed at a density based on no less than 20,000 square feet of lot area per unit.

Each unit shall have a minimum of 800 square feet of floor area, year round insulation, and a full heating system.

Only such additions to an existing building shall be allowed as are necessary to meet health, building and fire code requirements.

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

Standards for New Units. New Multi-Family Development is allowed only within the area served by municipal sewer and water and shall meet the following standards:

Dimensional Requirements. Developments shall conform to the following dimensional requirements:

	OHC Zone	NHC Zone	SC Zone
Density and Dimensional Requirements
Dev. Land Per Unit	20,000 square feet	20,000 square feet	20,000 square feet
Max. Lot Bldg Coverage	5%	5%	5%
Max. Lot Coverage	8%	8%	8%
Min. Floor Area	800 square feet	800 square feet	800 square feet
Minimum Lot Frontage	250 feet per 5 units OR 75 feet per unit on a private, or unpaved Town road	250 feet per 5 units OR 75 feet per unit on a private, or unpaved Town road	250 feet per 5 units OR 75 feet per unit on a private, or unpaved Town road
Setbacks
Front	35 feet or aligned with adjacent structures	35 feet or aligned with adjacent structures	35 feet or aligned with adjacent structures
Side	25 feet	50 feet	25 feet
Rear	25 feet	50 feet	25 feet
Planted Buffer Along Perimeter (Depth)	15 feet	25 feet	15 feet

Other dimensional standards as set forth for each Zone shall apply.

Unit Configuration Standards. The following layout standards shall be met:

The project design shall provide for structures of differing sizes combined so as to provide clearly defined separate entries, both private and semi-public outdoor areas, integrated parking and walkways, and general open space. (See Diagram A)

Other Standards. New Multi-Family Developments shall also meet the following standards:

No open storage shall be permitted; storage and trash receptacles shall be provided within the building or in enclosed accessory buildings.

Every dwelling unit shall be properly served with sewer, water and drainage facilities installed at the developer's expense, the construction of which shall be properly guaranteed by bond, escrow account, or such similar arrangement as approved by the Zoning Board of Review.

Open Space. The provisions of § 402, Flexible Design Residential Development, shall apply.

Diagram A: MULTI-FAMILY UNITS

Intention: To organize multiple units so that groupings reflect shapes and sizes of Island architecture. Building groupings to vary in size so that complex appears to have major and minor buildings grouped so as to differentiate entries, private spaces, parking and common areas.

Standards for Affordable Units. If a proposed attached multi-family development is to include or consist of affordable housing units, the lot area and other dimensional requirements contained in Sections 404A and B above may be modified by the Zoning Board under the applicable provisions of § 405 Affordable Housing.

§ 405 Affordable Housing.

Purpose. The purpose of this section is to promote the creation of suitable, sustainable affordable housing units in all zoning districts by allowing additional residential density in a manner that balances the need for such housing with concerns for the environment, the carrying capacity of land, and the health, safety and welfare of current and future residents.

Procedures. A Special Use Permit to allow an increase in residential density may be granted by the Zoning Board of Review to allow the creation of affordable housing, as defined in § 202. Before action is taken by the Zoning Board on any such application for affordable housing, it shall be submitted to the Block Island Housing Board for their review and recommendation. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704, whether or not the application also involves the subdivision of land. The Planning Board may undertake the development plan review and the advisory request to the Zoning Board of Review concurrently. In cases involving a subdivision, the final plan shall not be approved by the Planning Board until the Zoning Board grants the Special Use Permit for the density increase.

Reduction in Minimum Lot Areas. The residential density permitted in any zoning district, as determined by Article 3, or any other applicable section of this ordinance, may be increased by the Zoning Board of Review to accommodate the construction of an affordable housing unit or units. Such density increases are allowed as follows:

For each affordable unit provided, or in the case of a subdivision, for each lot to be set aside for the construction of an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 50%.

The residential density allowed on a parcel of land, or the number of lots in a subdivision, shall be determined by the total of:

The minimum area requirements for each non-affordable (market rate) unit or lot, and

The reduced minimum area requirements for each affordable unit or lot.

The provision of an affordable housing unit or units under this section may allow the development of up to two dwelling units (one market rate and one affordable or two affordable) on a single lot in those zoning districts which otherwise limit residential use to one dwelling unit per lot. Such units may also be attached (two-family structure).

Additional Dimensional Relief. In order to further accommodate the construction of affordable units, the minimum building setbacks, maximum lot building coverage and maximum lot coverage required in the zoning district, as applied to each lot on which an affordable housing unit or units are to be built, may also be modified by the Zoning Board. All such dimensional relief shall be considered part of the approved Special Use Permit.

Greater Reductions in Minimum Lot Areas. The Zoning Board of Review may allow an additional increase in residential density than that provided for in § 405(C) above in order to achieve stated goals in the provision of affordable rental and home ownership units on the island, provided, however, that the project is sponsored by the Block Island Housing Board or another not-for-profit housing entity. Such density increases are allowed as follows:

For each affordable unit provided, or for each lot to be set aside for an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 75%.

The provision of affordable housing under this section may allow attached multi-family development in those zoning districts where such use is otherwise prohibited:

In the RA and RB Zones, a project may consist of one or more multi-family structures provided each such structure is limited to two dwelling units.

In the RC, RC/M and M Zones, a project may consist of one or more multi-family structures provided each such structure is limited to four dwelling units. A multi-family development consisting of affordable rental units can include one owner-occupied unit that does not qualify as an affordable unit, provided that the total number of dwelling units in the development is four or more.

The provisions of this § 405E shall automatically expire upon the first of the following to occur:

[Amended 4-2-2018 by Ord. No. 2018-13]

December 31, 2028; OR

When the Town’s deed-restricted affordable housing inventory of up to 140% AMI includes(80 ownership units and 100 rental units. At such time as the number of units stated herein have been obtained in either category, the Town shall not entertain any more applications for affordable housing units in that category under the provisions of this § 405E.

Review Standards. In reviewing an application for an affordable housing project under this section, the Block Island Housing Board, and the Planning Board, shall, in their advisory capacities to the Zoning Board of Review, consider the Goals and Policies of the Housing Element Supplement to the Town of New Shoreham Comprehensive Plan, with particular emphasis on the following factors:

Type of units proposed, with preference given to projects that address the greater affordable housing need, whether rental units or home ownership units;

Whether or not the project involves new development or redevelopment, with preference given to adaptive reuse of existing structures, and conversion of existing units to long-term affordable units; and

Location of proposed project relative to the location of other affordable housing units, with consideration given to the distribution of affordable housing throughout the island.

Performance Standards. In addition to compliance with the applicable general standards set forth in § 501, a Special Use Permit for affordable housing shall require a finding by the Zoning Board of Review that each of the following standards is satisfied:

The housing conforms to the definition of affordable housing in § 202.

The project is environmentally sustainable in view of the carrying capacity of the land and the availability of utilities, and concerns regarding drainage, water quality, traffic, access and parking, as applicable, have been adequately addressed.

Concerns regarding drainage, water quality, traffic and access, as applicable, have been adequately addressed, and parking commensurate with projected need has been provided on-site, including the minimum of two spaces per dwelling unit as well as that for additional expected vehicle ownership, and with consideration of guest parking needs. As a condition of approval, the Zoning Board may require parking spaces in excess of that required under § 502.

The project is compatible with neighboring land uses, or has been designed to mitigate the impacts of any necessary incompatibilities.

The affordable housing units are to be duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than 99 years, including a suitable mechanism for monitoring the long term affordability of the units.

The sponsoring person or entity has the qualifications, resources and due capability to complete the project and to duly arrange for its financing and construction.

The affordable housing project does not exceed 16 units.

For multi-family affordable rental units provided under § 405E,2.b above, each one bedroom unit does not exceed 800 square feet of habitable space, each two bedroom unit does not exceed 1,200 square feet of habitable space, each three bedroom unit does not exceed 1,400 square feet of habitable space, and each four bedroom unit does not exceed 1,600 square feet of habitable space.

The project, if involving a subdivision of three or more lots, has been designed as a Flexible Design Residential Development under the provisions of § 402, unless a waiver is granted by the Planning Board. In order to accommodate the increased density while providing for the protection of open space, the minimum lot area within a Flexible Design Residential Development in the RA and RB Zones may be reduced to 5,000 square feet.

Reserved.

[Repealed 10-19-2022 by Ord. No. 2022-06]

§ 406 Residential Structures Meeting Certain Thresholds.

Purpose. The purpose of this section is to provide for an additional level of review, with specific architectural and siting standards, for residential structures that are proposed over a certain size, based on variable thresholds, listed under paragraph B. below. It is the finding of this section that excessively large houses designed without regard to their setting are visually intrusive and in conflict with traditional New Shoreham development patterns that are critical to the unique island character. The intent of this section is to ensure that new residential development is designed and sited in a way that complements, and does not detract from, the island's natural, historic, cultural and scenic character, the preservation of which is to the benefit of all residents and visitors.

Applicability. A Special Use Permit shall be required prior to the issuance of a building permit for any single family dwelling unit, accessory residential structure or accessory structure proposed within the RA Zone or RB Zone meeting any of the following thresholds, either new construction or as a result of an addition to, or rehabilitation of, an existing structure:

Individual building footprint in excess of 2,000 square feet, exclusive of ground level or first floor decks, or one story (no floor area above) unenclosed porches;

Total living area in excess of 4,000 square feet;

[Amended 12-5-2022 by Ord. No. 2022-07]

Total gross area in excess of 5,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches;

Total building volume in excess of 45,000 cubic feet; 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 15 feet in length necessary for the siting and construction of the building. Retaining walls constructed only of stone or timber, or associated with a walk-out basement for a total length not to exceed 20 feet on either side of the walk-out, are excluded from this category.

In addition to an application to the Zoning Board of Review for a Special Use Permit, the applicant shall be subject to Development Plan Review by the Planning Board.

Effective Date and Exemptions. This section shall apply to all building permits issued after the effective date of October 6, 2008. However, any principal or accessory residential structure for which a building permit was issued prior to this effective date, and which meets any of the thresholds listed under Subsection B. above, shall be exempt from the provisions of this section, if a subsequent building permit is issued only for:

Interior work, including the conversion of existing floor area, such as an attic or unfinished basement, into living area;

Replacement of building materials (siding, windows, doors, roofing, etc.);

Structural repairs involving in-kind replacement (such as foundations, walls, porches, columns and the like); and/or

Changes in building footprint that involve addition of a ground level or first floor deck, or a one story unenclosed porch.

All other changes involving an increase in building footprint, gross floor area or building volume, or any site alteration involving the new construction of a concrete or similarly constructed retaining wall exceeding either five feet in height or 15 feet in length, shall be subject to the special use permit provisions contained in this section.

Building Exemptions. The existence of a residential structure which meets any of the thresholds listed under Subsection B. above shall have no bearing on the construction requirements of any other structure, principal or accessory, on or proposed to be on, the same lot and not meeting any of said thresholds. Such structures shall be subject only to the appropriate dimensional and use standards contained elsewhere in this ordinance.

Zoning Board of Review Procedures.

In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

An existing site plan consisting of an accurate survey of the parcel showing the natural grade in one foot contours, the locations of water bodies and wetlands, vegetative cover and trees, view sheds and scenic views, stone walls, and the location and dimensions of all existing structures, prepared by a Rhode Island registered professional land surveyor.

Architectural plans, including elevations with building height measurements of all sides of the dwelling, and floor plans.

A calculation of total living area, gross area, and building volume (see § 202, Definitions), as provided by a Rhode Island registered architect.

A three-dimensional representation of the building as it is to appear on the site, either through computer enhancement or scale model; see § 703 C(14).

A proposed site plan showing the location and dimensions of the dwelling and all accessory buildings and structures (including non-habitable structures such as swimming pools and tennis courts), and a grading plan showing existing and proposed grades, including any retaining walls, prepared by either a Rhode Island registered professional land surveyor or Rhode Island registered professional engineer.

The Zoning Board shall refer the application to the Planning Board for an advisory opinion regarding the Special Use Permit application.

An approval of an application for a Special Use Permit for a residential structure under the provisions of this section, may include conditions deemed appropriate by the Zoning Board to achieve the purposes of this section, including changes in architectural elements, and shall be conditioned upon completion of the review and approval of building and site plans by the Planning Board.

Planning Board Procedures. The Planning Board shall review the application for a residential structure under this section pursuant to the provisions of Development Plan Review, and shall give an opinion to the Zoning Board of Review regarding the granting of a Special Use Permit. The Planning Board may undertake the development plan review and the advisory request concurrently as provided for in the ordinance, under § 704F.

In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in the ordinance (see § 501A.).

The Planning Board shall determine the consistency of the application with the purposes of this section and with the Comprehensive Plan.

The Planning Board may attach conditions or restrictions as part of their advisory recommendation.

Standards. Prior to the approval of an application submitted under this section, the Zoning Board of Review shall determine that the application meets the general criteria for a Special Use Permit contained in § 401, particularly those described in paragraphs A.(1) and (2). In addition, the Zoning Board shall determine that the application meets the following standards:

The construction of the residential structure does not require a variance for any dimensional standard including lot building coverage, lot coverage or building height, with the exception of a variance for a yard setback as recommended by the Planning Board to provide for more appropriate siting of the structure on the lot.

All performance standards contained in § 514, Residential Structures, in the RA and RB Zones, are met.

A structure with a building footprint greater than 3,000 square feet in area, exclusive of ground level or first floor deck, or one story unenclosed porch, is mitigated as follows:

The height of the entire building does not exceed 25 feet, or

The footprint is broken up by use of one or more wings or ells connected to the main building footprint by a common dimension not to exceed 20 feet in length. See Appendix I, Figures 6A and 6B.

Any elevated deck above the first floor is anchored so that there are at least two walls of the building bordering the deck. In no case shall the total area of an elevated deck exceed 1,200 SF.

(Entire Section Added October 6, 2008)

§ 407 Hotels.

General Standards. The following standards govern both new construction of and renovation of existing hotels:

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Individual accommodations shall not be less than 240 square feet including closets but not bathrooms.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

	Existing Structure	New Structure
Min. Developable Land	40,000 square feet	80,000 square feet
Max. Lot Bldg. Coverage
Main Bldg.	25%	15%
Accessory Bldgs	10%	10%
Max. Lot Coverage	50%	30%
Frontage	N/A	300 feet per 25 units plus 100 additional feet per additional 10 units
Setbacks
Front	N/A	50 feet OR same as adjacent buildings within 500 feet
Side	N/A	25 feet
Rear	N/A	25 feet
Orientation	N/A	Major facade parallel to road
Height Limit	N/A	35 feet OR same as adjacent structures within 500 feet

Other dimensional standards are as set forth for each zone.

Standards for Renovation of Existing Buildings. The development of hotels within existing structures shall conform to the following standards governing renovations, additions and occupancy:

The lines, bulk, materials, appended elements (i.e., porches, etc.) and architectural details shall be in character with and subordinate to the original building; this applies to all additions and external modifications and concerns the preservation of trim, fenestration and ornamentation characteristics.

Accommodation uses within structures previously used for such purposes shall, at the discretion of the Planning Board, be allowed exemption from specific dimensional requirements.

Any facility so permitted shall be ineligible for any consideration of expansion for at least five years following the issuance of a building permit.

Standards for Restaurants in the Residential C/Mixed Use Zone (RC/M). Restaurants may be allowed by special use permit in the Residential C/Mixed Use Zone. In addition to any conditions imposed by the Zoning Board of Review and/or the Planning Board in connection with the granting of a special use permit and with the review of plans under Development Plan Review, respectively, the following standards shall apply to all restaurants proposed within this zoning district:

[Added 4-2-2018 by Ord. No. 2018-12]

Accessory to a hotel: A restaurant in the RC/M Zone shall be allowed only as an accessory use to a hotel which is actively operating on the property, and shall be contained on the same parcel as the hotel.

Conforming lot: The hotel for which a restaurant is proposed as an accessory use shall be on a parcel meeting the dimensional requirements of § 407, Hotels.

Liquor service limitations: The liquor license granted to a hotel restaurant shall be restricted to a BV license with service hours as established by the licensing authority.

Capacity limit: The capacity of the restaurant shall be in accordance with applicable Town rules and regulations, but in no case exceed fire safety requirements. The Zoning Board may further limit seating based upon site and neighborhood characteristics.

Outside seating: Outside seating may be allowed as part of a restaurant accessory to a hotel, provided that the total number of restaurant seats does not exceed that allowed under the provisions of this section. Any outside seating arrangement shall be included in the site plans approved by the Planning Board and specifically granted by the Zoning Board as part of the special use permit. Outside seating shall be designed so as to mitigate visual, noise and lighting impacts on adjoining properties through proper screening and placement.

Hours of operation: All restaurants located on the same parcel as a hotel as approved under the provisions of this section shall be limited to operating between the hours of 6:00 a.m. and 10:00 p.m.

Parking: In addition to the required parking for the hotel, there shall be one parking space provided per 10 restaurant seats. The Zoning Board of Review may allow a reduction in the required parking, however there shall be no fewer than one parking space per 15 seats.

Special provisions. The development plans for a restaurant proposed as an accessory use to a hotel shall show, in addition to all other Development Plan Review requirements of this Ordinance, the following:

Building floor plans indicating total seating capacity for the restaurant and service area.

Proposed site plan indicating on-site parking, and if proposed, the locations (porches, decks and patios) and dimensions of outdoor dining areas, including number of tables and total seating capacity, use of walls and vegetative screening, outdoor lighting details and other site amenities.

Discontinuance of use. If such restaurant should cease to operate for a period of two years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the Zoning Board of Review and the Planning Board.

Standards in the Old Harbor Commercial District. The following standards govern both new construction of and renovation of existing hotels in the Old Harbor Commercial District.

[Added 7-6-2020 by Ord. No. 2020-02]

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Individual accommodations shall not be less than 240 square feet including closets but not bathrooms.

Specific Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Minimum Lot Area:	40,000 square feet
Minimum Setback:
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:
Main Building	25%
Accessory Buildings	10%
Maximum Lot Coverage:	50%
Maximum Height:
Main Structure	40 feet
Accessory Structure	25 feet

Other dimensional standards are as set forth in § 311(C).

Accessory hotel rooms are allowed. The total number of accessory hotel rooms in any hotel shall not exceed one accessory hotel room for every four hotel rooms in the main hotel building. In no event shall there be more than six accessory hotel rooms for any hotel.

Standards for Renovation of Existing Buildings. The development of hotels within existing structures shall conform to the following standards governing renovations, additions and occupancy:

§ 408 Inns.

General Standards. The following standards govern both new construction and renovation or reconstruction of existing buildings:

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Dimensional Requirements
	Existing Structure	New Structure
Min. Developable Land	20,000 square feet	20,000 square feet
Max. Lot Bldg. Coverage
Main Bldg.	25	15%
Accessory Bldgs.	10%	10%
Max. Lot Coverage	50%	30%
Frontage	N/A	200 feet
Setbacks
Front	N/A	35 feet
Side		25 feet
Rear		25 feet
Orientation	N/A	Major facade parallel to road
Height Limit	N/A	35 ft OR same as adjacent structures within 500 feet

Other dimensional standards are as set forth for each zone.

§ 409 Restaurants in the Mixed Use Zone (M Zone).

Standards. Restaurants may be allowed by special use permit in the Mixed Use Zone. In addition to any conditions imposed by the Zoning Board of Review and/or the Planning Board in connection with the granting of a special use permit and with the review of plans under Development Plan Review, respectively, the following standards shall apply to all restaurants proposed within this zoning district:

Accessory to an Inn. A restaurant in the M Zone shall be allowed only as an accessory use to an inn which is actively operating on the property, and shall be contained within the same building as the inn.

Conforming Lot. The inn for which a restaurant is proposed as an accessory use shall be on a parcel meeting the dimensional requirements of § 408, Inns.

Liquor Service Limitations. Such restaurant shall not include any bar seating and the liquor license granted to an inn shall be restricted to a BVL license with service hours not to extend beyond 10:00 p.m.

Capacity Limit. The capacity of the restaurant shall be limited to no more than four seats per room or suite, but in no case exceed 40 seats. The Zoning Board may further limit seating based upon site and neighborhood characteristics.

Outside Seating. Outside seating may be allowed as part of a restaurant accessory to an inn, provided that the total number of restaurant seats does not exceed that allowed under the provisions of this section. Any outside seating arrangement shall be included in the site plans approved by the Planning Board and specifically granted by the Zoning Board as part of the special use permit. Outside seating shall be designed so as to mitigate visual, noise and lighting impacts on adjoining properties through proper screening and placement.

Hours of Operation. All restaurants located within an inn as approved under the provisions of this section shall be limited to operating between the hours of 6:00 a.m. and 10:00 p.m.

Parking. In addition to the required parking for the inn, there shall be one parking space provided per 10 restaurants seats. The Zoning Board of Review may allow a reduction in the required parking, however there shall be no fewer than one parking space per 15 seats.

Special Provisions. The development plans for a restaurant proposed as an accessory use to an inn shall show, in addition to all other Development Plan Review requirements of this Ordinance, the following:

Building floor plans indicating total seating capacity for the restaurant and service area.

Discontinuance of Use. If such restaurant should cease to operate for a period of two years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the Zoning Board of Review and the Planning Board.

(Entire Section added June 7, 2010)

(Section 409 was once titled Rental Rooms. Rental Rooms was amended and moved to § 509 August 16, 2000)

§ 410 Recreational Facilities.

General Standards. The following standards shall apply to all recreational facilities:

Buildings. Any building associated with a recreational facility shall have allocated to it a minimum lot area of 5,000 square feet in addition to the playing field or court and associated buffers; such building shall have a footprint not to exceed 800 square feet and shall be no more than 20 feet in height. Such building shall be used only for purposes directly related to the recreational use that it serves.

Lighting. General nighttime illumination of a recreational facility shall be permitted only if it has no adverse impact on neighboring properties.

Standards for Particular Facilities. The following standards shall apply to particular recreational facilities:

Field Sports. Field sports shall have a fifty-foot wide planted buffer at the borders of the playing area and a 100-foot wide buffer from any wetlands and bluffs.

Golf Courses. Golf courses shall conform to the following dimensional, buffering and grading requirements:

Regulation golf courses shall have a 100-foot wide buffer from all abutting residential areas including areas suitable for residential development. The golf course shall conform to the natural contours of the land wherever feasible. Turf area shall be minimized.

Miniature golf requires a fifty-foot wide buffer along the side and rear lot lines.

Tennis Courts. Tennis courts shall be constructed in groups of not more than four contiguous courts, each such group to be bordered by a fifty-foot wide open buffer. Fences shall be no more than 10 feet high and shall be screened by a contiguous hedge at least eight feet high.

§ 411 Commercial/Residential Mixed Use.

Purpose. The purpose of this section is to allow the establishment of mixed use buildings in the commercial and mixed use districts in order to assist in the development of a more compact, pedestrian oriented and vibrant town center, while reducing demand for new housing elsewhere, and providing additional seasonal and year round housing for employees of businesses in town.

Uses. A Commercial/Residential Mixed Use building consists of the following uses:

Commercial. The first floor at street level shall be used for commercial purposes, except that the rear portion of the building not fronting on a street may be used for residential purposes. Commercial uses include retail trade, professional and business services, and restaurants, provided such uses are allowed in the zoning district in which the Commercial/Residential Mixed Use is located.

Residential. A portion of, or the entire second floor, or upper floors if the building is more than two stories in height, shall be used for residential purposes consisting of separate dwelling units. A total of 40% of the dwelling units, but a minimum of one dwelling unit per building, shall be dedicated for occupancy by persons deriving income from seasonal or year-round employment from the operation of a business in the town through a deed restriction running with the property in favor of the Town of New Shoreham in accordance with the provisions of § 513E, or by qualifying as low or moderate income housing under the RI Low and Moderate Income Housing Act. The 40% requirement may be applied on a parcel basis if more than one building on a lot or lots under common ownership consists of a Commercial/Residential Mixed Use building, provided there is one such dedicated or affordable apartment per building regardless of the total number of residential units included as part of the Commercial/Residential Mixed Use.

Procedures. A Commercial/Residential Mixed Use is allowed by Special Use Permit in the RC/M and MU Zones and by right in the OHC, NHC and SC Zones. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704. When a Special Use Permit is required, the Planning Board may undertake the development plan review and the advisory request to the Zoning Board of Review concurrently.

Standards. Commercial/Residential Mixed Use shall meet the following requirements and standards:

Public Sewer and Water. A Commercial/Residential Mixed Use shall be required to be connected to the municipal sewer system and where feasible, to the municipal water system.

Density. Dwelling units that are part of a Commercial/Residential Mixed Use are permitted on the lot or parcel in question without regard to the residential density that would otherwise be required for the zoning district under Article 3. Density shall be determined by availability of parking for all uses and limits on lot building coverage, lot coverage and building height.

Minimum Dwelling Size. Dwelling units in a Commercial/Residential Mixed Use shall not be less than 340 square feet of living area.

Parking, Landscaping and Lighting Provisions. The minimum parking requirements for all uses contained in § 502, the specific landscape and buffer requirements of § 503, and the outdoor lighting standards of § 512, as applied to a Commercial/Residential Mixed Use project, shall be adhered to. (Section amended in its entirety July 6, 2009)

§ 412 Bicycle Rental.

Bicycle rental shall conform to the following:

Location. Bicycle rental facilities shall be located entirely on private property and shall be operated so as not to interfere with pedestrian or vehicular traffic.

Size. No bicycle rental facility shall have more than 50 bicycles available for rental per 5,000 square feet of lot area, except that, this number of bicycles may be doubled where such facility completely replaces a non-conforming motorized vehicle rental facility.

§ 413 Transportation Facilities.

Standards. The proposed use must be demonstrably necessary to serve the needs of the Island and, in the OHC Zone, shall be consistent with the Old Harbor Plan, as amended.

Special Procedures. The site development plan for a marine transportation facility or an airport, in addition to all other Development Plan Review requirements of this Ordinance, shall include the following:

Marine Transport Facility. Docks, ramps, servicing, storage and passenger facilities.

Airport. Runways, airplane repair and servicing facilities, storage and passenger facilities.

Evidence of compliance with all state and federal regulations for such transportation facility.

§ 414 Marinas.

Standards. New construction or the expansion of existing marinas shall conform to the following standards:

Location. Marinas shall be located adjacent to water suitable for use by pleasure and cruise boats.

Size. The size of the marina shall be determined by the carrying capacity of the land, the adjacent water, and adjacent roads. The capacity of the site shall be based on the number and configuration of boat slips in the water and shall not include dry storage on land.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Dimensional Requirements
Minimum Developable Land	80,000 square feet
Maximum Lot Building Coverage	10%
Maximum Lot Coverage	30%
Frontage	300 feet
Setbacks
Street	Same as adjacent buildings or 50 feet
Waterfront	N/A
Other	25 feet
Orientation	Building parallel to road with long side perpendicular to the water
Height	25 feet

Use. Docks are to be used by transient boats and temporarily docked small cruise boats. Docks and adjacent areas shall not be used for dry-stacking facilities. The marina shall not provide residence facilities nor shall any boat docked at the marina be used as a residence.

Required Facilities. Pump out stations and/or holding tanks are to be provided in accordance with municipal and state standards, as are facilities for adequate garbage disposal.

Special Procedures. The site development plan for a marina shall show, in addition to all other Development Plan Review requirements of this Ordinance, locations of boat storage, boat repair, and launch area.

§ 415 Waterfront Uses.

Purpose. The purpose of this Section and the specification of waterfront uses set forth in each zone is to provide regulations and standards for waterfront uses which are parallel to those set forth in "The State of Rhode Island Coastal Resources Management Program," as amended, and which identify uses associated with tidal and coastal pond waters by type, as associated with shoreland features and areas of historic and archaeological significance.

Standards for Particular Waterfront Uses.

Recreational Paths and Passive Recreational Uses. Paths shall not be constructed or used so as to cause breaching of dunes or disruption of wildlife habitats.

Rights-of-Way to Water. Existing access ways shall be maintained and new access ways constructed so as to control erosion and cause minimal change to the natural environment.

Shoreline Alterations. Shoreline alterations involving filling or modifying of the shore and/or shoreline features shall be carried out only for increased protection from storm winds and water or enhancement of beaches and other natural conditions.

Aquaculture. Aquaculture facilities and their use shall conform to accepted standards and procedures, the application of which shall be evidenced as part of Development Plan Review.

Docks, Ramps, and Accessory Use Structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards, the application of which shall be evidenced as part of Development Plan Review.

Marinas. (See § 414, Marinas.)

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

Parking Lots. (See § 420, Parking Lots.).

Other Waterfront Uses. (See § 401, General Criteria for Special Use Permits.)

Special Provision for Type 3 District. A municipally owned or controlled passenger boat facility to be used only under emergency conditions when the facilities of Old Harbor are inaccessible as a result of stormy weather or other dangerous circumstances as reasonably determined by the person directly responsible for operating the vessel using the emergency facility.

§ 416 Warehouse and Storage Facilities.

Standards. Warehouse and storage facilities shall conform to the following:

Enclosure. Warehouses and storage facilities shall be fully enclosed.

Dimensional Requirements. Warehouses and storage facilities shall conform to the following:

Maximum Lot Coverage.

(1)

Lot Building Coverage, 10%.

(2)

Lot Coverage, 30%.

Orientation. The building shall be located so as to minimize the visual impact.

Visual Screening. Siting of any warehouse and storage facility shall minimize adverse visual impact and the facility shall be screened by planting to the extent feasible.

§ 417 Utility Facilities.

Visual Screening. Siting of any utility facility shall minimize adverse visual impact and the facility shall be screened by planting to the extent feasible.

Special Procedures. The development plan for any utility facility shall include evidence of compliance with all state and federal regulations for such facility.

Special Procedures in the Residential A and Residential B Zones.

Any utility facility located in the Residential A Zone or in a Residential B Zone shall to the extent feasible be designed to resemble a single-family residence or accessory building. To this end, the general special use criteria set forth in § 401(A)(1) of this Zoning Ordinance shall be strictly construed and applied to such facility.

No utility facility located in the Residential A Zone or the Residential B Zone shall be allowed to attach an antenna or any other device related to the operation of the utility facility to a wind energy conversion system. (Section Amended October 3, 1994)

§ 418 Earth Removal.

[Amended 2-21-2024 by Ord. No. 2024-04]

Standards. Earth removal shall be conducted in conformance with the following:

No earth removal shall be conducted within 50 feet from any lot line except one formed by a street, 150 feet from any dwelling, or 200 feet from any coastal feature.

Drainage systems shall be installed to prevent the permanent collection of surface water and the flooding and erosion of surrounding property. A drainage plan must be reviewed and approved by the Town Engineer.

Upon cessation of earth removal operations on any portion of an earth removal site, all slopes and grades shall be regraded to near-natural forms and no grade shall be left at an angle greater than the natural angle of repose of the material. The regrading area shall then be seeded with native plants listed in the URI Native Plant Guide to establish a firm cover of grass or other vegetation sufficient to prevent erosion.

A reclamation plan shall be submitted to be approved by the Town Engineer with detailed information on site uses, construction and operation details, post-operation, and long-term maintenance protocols.

A survey plan must be submitted showing the parcel of land upon which earth removal is to take place, showing all landscape features, topographical contours at two-foot intervals, and areas of previous, existing, and/or proposed future earth removal.

Hours of earth removal operation shall be no greater than 7:00 a.m. to 6:00 p.m. on Mondays through Saturdays. Earth removal operations may not be conducted on Sundays or any legal holiday or any other time without prior written authorization from the Town's Zoning Official.

Fencing shall be provided where portions of the boundary of the tract of land upon which earth removal is being conducted are adjacent to developed residential property. Such fencing shall be six feet in height and effective to control access to the area in which such earth removal is being conducted.

Water shall be applied to all non-hard-surfaced roads within land in which earth removal is being conducted to minimize dust distribution.

A historic and archaeological inventory of the site shall be conducted prior to construction to ensure that the site is not of historic or cultural importance and that no artifacts are located on the site.

10.

The levels of noise generated by any earth removal services, measured at any property line, may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. Applicants must provide a plan showing how noise will be mitigated to remain in compliance.

§ 419 Automotive Sales, Services and Repairs.

Standards. The following standards shall apply to all automotive service facilities:

Each facility shall have a minimum lot area of 5,000 square feet of developable land with no gasoline storage, work areas, parking of cars or storage of any kind permitted within 200 feet of any coastal or inland wetland or waterbody.

All procedures for use of toxic or hazardous materials including procedures for collecting, storing and disposal of waste oil off-Island shall conform to § 505, Uses Involving Toxic or Hazardous Materials.

No facility shall store or park cars within the front setback other than transient cars for which gas and related services are being purchased; the total number of cars on site, in any condition, shall be limited to 10.

Buffer planting shall be required on all sides except in the immediate sales and service area.

§ 420 Parking Lots.

Standards. The following standards shall apply to any parking lot for holding five or more cars or other vehicles:

The layout of any lot shall conform to the standards of § 502, Off-Street Parking/Sidewalks, and shall, if containing 25 or more parking spaces, have an access and circulation system which meets with the approval of the police and shall receive a recommendation for approval by the Planning Board following the Development Plan Review process. If such circulation is needed for access to the water, other services or similar uses, the lot shall be designed to serve these needs.

Parking areas, if possible, shall not be of impervious materials. Where asphalt or similar surfacing is used, the grading of the lot shall minimize run-off into ponds, wetlands or into the ground, mitigation measures shall be implemented.

§ 421 Cellular Antenna Towers.

[Amended June 21, 2000]

The purpose of this Section is to ensure that the development of cellular communications to service the current and future needs of the Town is done in a manner which will conserve the value of land and buildings, minimize the visual impact of antennae and support structures, and minimize the number of towers which will be required to support the development of the system.

Cellular antennae, and towers supporting them, shall be allowed only in the Service Commercial Zoning District, and then only upon the granting of a Special Use Permit by the Zoning Board of Review. Any proposed modification to an approved telecommunications tower facility, including the antenna arrays, must be reviewed and approved by the Planning Board, Historic District Commission (if required), and the Building Official. Approval of a telecommunication tower facility shall mean approval of a Special Use Permit by the Zoning Board under § 421 herein.

An applicant for such a Special Use Permit shall satisfy the following conditions:

The applicant shall demonstrate that all possible avenues for sharing space on an existing tower have been exhausted.

The maximum power output and maximum exposure limits, at ground level, must fully comply with the applicable Federal Communications Commission (FCC) standards.

All antennae shall be mounted higher than 90 feet above ground level, and only at a lower height if permitted by a specific FCC standard.

The tower shall not exceed a height of 250 feet above ground level. The applicant shall provide evidence that the Federal Aviation Administration has determined that the location and height of the tower upon which the antennae are to be installed do not constitute a hazard to air navigation.

The tower shall not be located within 250 feet of any existing residential structure, or within 250 feet of the building envelope of an undeveloped lot zoned for residential use. The Zoning Board of Review may reduce this setback to a minimum of 100 feet upon a showing that the 250 feet is unnecessary for the location and design of the tower proposed.

Any change in the nature, type, or design of the antennae tower, or other elements of the system, including the number of channels initially approved, shall require another Special Use Permit.

The applicant must demonstrate that the proposed system is the minimum necessary to provide cellular service to New Shoreham customers.

The owner must agree to provide the Zoning Enforcement Official with a copy of any notice to the Federal Communications Commission of intent to cease operations. The owner must agree that if operations are ceased, the owner will remove the antenna or antennae, and any accessory structures, including the tower if such tower is no longer in use, within 90 days. A bond shall be provided, in a form acceptable to the Town's Finance Director, ensuring the compliance by the owner with the requirements of this subsection.

The owner must agree to provide the Town with a certificate of insurance coverage for any injury or damage resulting from the facility so long as it is in place. The certificates shall be in a form acceptable to the Town's Finance Director and provide for notice of cancellation to the Town.

In addition to any other information or material that shall be required of an applicant for a Special Use Permit, an applicant under this Section shall provide, with its application, the following:

A site plan, drawn to scale, showing existing and proposed features, including topography at not greater than ten-foot contours and complete landscaping plans.

A written narrative report containing:

A description of the antennae and the tower with technical details and an explanation of the reasons for its particular design;

Data demonstrating that the structure supporting the antennae will be adequate to support its existing, proposed and anticipated use(s);

A description of the general capacity of the tower;

Data demonstrating that all applicable ANSI standards are met;

A statement concerning the availability of excess space and whether it will be rented;

Proof of ownership of the proposed site or legal right to its use.

A study using photographs, narrative or both, that describes where, and to what extent, any portion of the antennae or tower will be visible within a three mile radius of its location. (Section Amended December 17, 1997)

§ 422 Utility WECS.

Process. Utility Wind Energy Conversion Systems (WECS) as defined in this Ordinance with specifications as contained in § 508G shall be allowed only in the Public Utility Zone and then only upon the granting of a Special Use Permit by the Zoning Board of Review. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704.

Application Requirements. In addition to the existing conditions plan and the site plan required for any development within the PU Zone, an application for a Utility WECS shall include the following:

A complete set of plans for the proposed wind turbine, including all manufacturer specifications and details;

An analysis of soils from the site of the proposed turbine that evaluates bearing capacity, and which includes a core sample tested for the presence of any environmental contaminants;

Structural design and installation plans prepared by a Rhode Island registered professional engineer;

Manufacturer's documentation of noise impacts of the turbine under various wind conditions, including a chart or map indicating the expected decibel levels at given distances from the turbine;

A visual representation of the proposed wind turbine as viewed from surrounding properties as well as from other areas of the island from which the turbine will be visible, including from roadways, areas of higher elevation and publicly owned or protected scenic and conservation areas;

An evaluation of the shutter or flicker effect (shadows caused by sunlight passing through the moving blades) of the turbine as it is sited on the parcel, including the seasonal times and duration, and a delineation of the areas impacted; and

An evaluation of the potential impact of the turbine on birds and other wildlife, including review of dominant bird species, and migratory, nesting and feeding patterns.

Standards of Review. Prior to the approval of an application for a Utility WECS, the Zoning Board of Review shall determine that the application meets the general criteria for a Special Use Permit contained in § 401. In addition, the Zoning Board shall determine that the following standards are met:

The limitations on wind turbine size, noise levels and lighting impacts contained in § 508G;

Potential adverse impacts on birdlife and wildlife are minimized through appropriate siting and design of the facility; and

The public convenience and welfare will be substantially served and there will not be resulting conditions inimical to the public health and safety. (Section Added December 7, 2009)

§ 423 Light Assembly.

Purpose. The purpose of this section is to allow the establishment of low impact production enterprises or "light assembly" uses (See § 202, Definitions) in order to diversify the Town's economic base, provide year-round employment, provide opportunities for islander-owned businesses that can be linked with other parts of the local economy, and encourage environmentally sustainable economic development. The intent of this section is to ensure that the establishment of economic activity that otherwise meets this purpose is done in a manner that protects the health, safety and welfare of the neighborhood in which it is located, and the quality of life and the environment of the island as a whole.

Process. Such light assembly uses shall be allowed only in the Residential C/Mixed Use Zone, the Old Harbor Commercial Zone, the New Harbor Commercial Zone, and the Service Commercial Zone, and then only upon the granting of a special use permit by the Zoning Board of Review.

Application Requirements. In addition to any relevant submittal requirements contained in § 703 for a special use permit application, the applicant shall submit the following:

An existing conditions site plan consisting of an accurate survey of the parcel showing topography, water bodies and wetlands, vegetative cover and trees, site features and the location and dimensions of all existing structures;

A radius map showing all properties within 500 feet of the lot or parcel, with notice sent to all such property owners under the provisions of § 702, and the location of all structures within 500 feet of the property lines;

Building elevations and floor plans, including total square footage of gross floor space, of the building(s) to be used for light assembly purposes. Photographs of an existing building may be accepted in place of drawings of the building exterior;

A proposed site plan which indicates the location and dimension of all buildings and structures, existing and proposed, and all site improvements including proposed grading at two-foot contours, designated parking and loading areas, areas for storage of raw materials and by-products, and proposed fencing, landscaping and lighting; and

A plan that describes the types and quantities of any solid or liquid waste or by-products of the light assembly activity, and procedures for temporary storage and final disposition.

Planning Board Procedures. The Planning Board shall review the application for a light assembly use pursuant to the provisions of § 704, Development Plan Review, and shall give an advisory opinion to the Zoning Board of Review regarding the granting of a special use permit for the proposed use. The Planning Board may undertake the advisory request and the site plan review concurrently as provided for in this Ordinance under § 704(F).

In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in § 501, and the relevant requirements contained in § 505 involving the use of any toxic or hazardous material.

The Planning Board shall determine the consistency of the application for a light assembly use with the purpose of this section and with the Comprehensive Plan.

The Planning Board may attach conditions or restrictions as part of their advisory recommendation.

General Standards. The following standards shall apply to all proposed light assembly uses regardless of the zoning district in which the lot or parcel is located:

Space. A light assembly use shall be limited to 2,500 square feet of gross floor area and shall be completely enclosed within a building;

Employees. The production shall involve a work force (excluding business owners) of no more than five full-time employees, or a total of 10 full-time and seasonal employees, at any given time;

Infrastructure. The lot on which a light assembly use is proposed shall have adequate water and waste disposal to support the production, and shall meet all town and state standards for wastewater disposal, including appropriate approvals from the New Shoreham Water and Sewer Commission;

Parking/Loading. The minimum parking and loading requirements as contained in § 502 shall be provided on-site; and

Conforming Lot. The lot for which a light assembly use is proposed shall meet the minimum lot area requirements of the zoning district in which it is located.

Standards for Associated Retail. The Zoning Board of Review may allow retail use in association with a light assembly use within a zoning district in which retail is otherwise not permitted if the following standards are met:

The retail use is clearly accessory to the principal use on the lot;

The sale of products includes only those items produced on-site as part of the light assembly operation;

Sales activities take place within a building or within a specifically defined location on the lot;

The additional number of parking spaces required for the retail use is provided onsite (based only on the amount of gross area specifically used for retail purposes); and

Signage and advertisement related to retail sales are in accordance with the provisions of this ordinance and other applicable town ordinances.

Additional Requirements. Prior to the granting of a special use permit for a light assembly use or light assembly use with associated retail, the Zoning Board of Review may establish limits on the operation, including but not limited to, hours of operation, noise levels, lighting, water use and traffic. (Section Added December 16, 2009)

§ 424 Other Uses Requiring Special Use Permit.

Uses requiring a Special Use Permit without specific standards under this Article shall conform to § 401, General Standards for Special Use Permits.

Uses involving toxic or hazardous materials shall conform to § 401, General Standards for Special Use Permits, and § 505, Uses Involving Toxic or Hazardous Materials. (Section renumbered December 17, 1997, December 7, 2009, and December 16, 2009)

§ 425 Solar Energy Systems.

[Amended 3-1-2021 by Ord. No. 2021-01; 2-5-2024 by Ord. No. 2024-02; 3-20-2024 by Ord. No. 2024-10]

(Prior history: March 19, 2014 by Ord. No. 2014-03)

Applicability: Solar energy systems are considered accessory uses, and are permitted in all zoning districts, as provided in § 517.

A ground-mounted solar energy system, or solar canopy, but not a solar pool heater system, consisting of one or more installations with a total array size greater than 400 square feet, is allowed only upon the granting of a special use permit. Such use shall also undergo development plan review. In no case shall a solar array size greater than 750 square feet be permitted if the primary use of the lot is residential.

Standards: Prior to the approval of an application submitted under this section, the applicant shall establish that it meets the criteria for a special use permit. The standards below listed in § 517, as applicable, and the following standards shall also apply.

Power and communication lines running between sub arrays of solar panels and to the off- site electric distribution system or interconnections with buildings onsite shall be buried underground.

Solar energy systems shall be designed and located to prevent reflective glare towards any inhabited building or roadway.

Solar energy systems shall be constructed and maintained in a way that minimizes the use of herbicides and pesticides. Vegetative cover, consisting of native plants, shall be maintained to prevent soil erosion.

Solar energy systems shall be sited and designed to minimize any negative aesthetic impact on viewsheds and abutting properties. The siting of solar energy systems should prioritize limiting visibility from public roadways. The design shall incorporate landscaping and design elements to visually screen the SES from public roadways and abutting properties.

§ 426 Power Generators Greater Than 20 kW Rated Capacity.

Applicability. Power generators which have a rated capacity of greater than 20 kW, with the exception of generators that are used as a back-up power source at a municipally owned or operated building; a public utility; a medical facility; a commercial business; or any other facility required by State Building Code to provide back-up power, are allowed only upon the granting of a special use permit by the Zoning Board of Review. Such use shall also undergo development plan review by the Planning Board under the provisions of § 704.

Application Requirements. Any application submitted under this section shall include the following:

A site plan showing the location and dimensions of the proposed generator and distances to all property lines and existing structures, including those on adjoining lots.

Manufacturer's specifications including rated capacity and noise levels, specifically the anticipated dBA levels at given distances from the generator. These must include the dBA levels at the nearest property line and, if applicable, at the location of the nearest residence on an adjoining property.

A description of the applicant's intended use schedule, both seasonally and daily.

Standards. Prior to the approval of an application for a power generator with a rated capacity greater than 20 kW, the Zoning Board of Review shall determine that it meets the general criteria for a special use permit. The standards below shall also apply:

Screening. The generator must be adequately screened from view from nearby roads and properties by means of fencing or vegetative screening, as approved by the Planning Board. In no case shall a generator be located within the front setback of a property, as defined in § 202.

Noise Impacts. The generator shall not exceed the Town of New Shoreham Noise Ordinance at the nearest property line, or otherwise have an adverse noise impact on adjoining properties, based on evidence presented at the public hearing. (Section added June 18, 2014 by Ord. No. 2014-07)