[Ord. No. 08-31, 10-7-2009]
The purpose of supplementary regulations is to set specific
conditions and dimensional criteria for various uses or areas, where
the general regulations are not applicable and to set specific standards
for the granting of special use permits.
[Ord. No. 08-31, 10-7-2009]
Every building hereafter erected, and every use of land hereafter
initiated, shall be located on a lot as herein defined in this appendix.
There shall not be more than one main residential building and up
to two accessory buildings on one lot, except in A and I zones where
there may be more than two accessory buildings on a lot. Except as
otherwise allowed in this appendix as part of a multifamily development,
there shall not be more than one main or principal residential building
on a single lot used for residential purposes, and there shall not
be more than two accessory buildings, except in the A zones, where
there may be more than two accessory buildings per lot. There shall
be no limit on the number of buildings on a single lot used for commercial
or industrial purposes, provided that the lot coverage and other dimensional
requirements are met.
[Ord. No. 08-31, 10-7-2009]
(a)
Apply to only one building. No required yard or other open space
around an existing building, or which is hereafter provided around
any building for the purpose of complying with the provisions of this
appendix shall be considered as providing a yard or open space for
any other building, nor shall any yard or other required open space
on an adjoining lot be considered as providing a yard or open space
on a lot whereon a building is to be erected.
(b)
Front yard requirements.
(1)
Through lots. For all zones, at each end of a through lot there
shall be a front yard of the depth required by this appendix for the
zone in which each street frontage is located, as shown in the illustration:
 |
(2)
Corner lots. All yards fronting on intersecting streets shall
meet the required front yard setbacks, as shown in the illustration:
 |
(c)
Side yard requirements. For the purpose of side yard regulations,
any dwellings which occupy a single lot but have a common party wall,
shall be considered as one building.
(d)
Projections into yards.
(1)
Fire escape. A fire escape may extend or project into any required
side or rear yard not more than four feet.
(2)
Open stairway, balcony or porch. An open, unenclosed stairway,
balcony, porch, deck, platform or landing place, which, except for
the roof, does not extend above the level of the first floor of the
building may extend or project into any required front yard not more
than six feet, and into any required side or rear yard six feet, but
in no case closer than four feet to the side or rear lot line.
(3)
Handicapped access ramps. Handicapped access ramps may be located
in any required front, side or rear yard.
[Ord. No. 08-31, 10-7-2009]
In any triangle formed by the street lines intersecting at an
angle of 100° or less, there shall be a corner setback of and
a third line joining points on the street lines 15 feet from the point
of intersection, wherein no building or structures may be erected,
no parking areas may be created and no vegetation or fencing may be
maintained above the height of 3 1/2 feet above the plane of
the curb grades. Notwithstanding the provisions of this section, poles
not exceeding eight inches in outside diameter designed for the support
of lights and signs may be erected in this triangle.
[Ord. No. 08-31, 10-7-2009; Ord. No. 12-15-A, § 1, 8-15-2012]
(a)
No accessory use, other than required off-street parking and an attached
private garage, shall be located on any lot having an area of less
than 6,000 square feet.
(b)
Accessory uses or any combination of such uses may be included in
an accessory building of one or two stories, and no more than 20 feet
in height, except for a barn used for agricultural purposes, which
may be 45 feet in height.
(c)
No accessory building or structure shall be permitted between the
front of a main structure and the street, other than a barn used for
agricultural purposes, which nevertheless shall not intrude on the
required front yard.
(d)
Within any A or R zone, where an existing principal structure on
an adjacent or contiguous lot is less than 20 feet from any lot line,
a principal or accessory structure shall not be located less than
10 feet from such existing principal structure on an adjacent or contiguous
lot if the proposed structure is one story, or shall not be located
less than 20 feet from such existing principal structure on an adjacent
or contiguous lot if the proposed structure is two stories.
(e)
Where any side or rear yard abuts upon a public right-of-way, a garage
accessible from the street shall not be erected within 18 feet of
such public right-of-way.
(f)
A detached garage or shed shall maintain all required setbacks except
as otherwise permitted below.
A detached garage or shed may be located within the required
rear yard or side yard setback, but not less than six feet from any
rear or side lot line, provided such structure is no more than 14
feet in height and no greater than 120 square feet in floor area.
Provided, however, that the Building Official may grant a variance
to permit the roof pitch to match the principal structure, after the
immediate abutting property owners have been advised in writing by
certified mail, return receipt requested, cost of same borne by the
applicant, and have not objected within 10 calendar days after receipt
of such notice.
(g)
The Building Official, may at his/her discretion, approve the location
of a shed, not-to-exceed 120 square feet of gross floor space to be
placed within the required side yard provided that such shed cannot
be placed in compliance with these regulations due to dimensional
or topographical conditions peculiar to the site, after the immediate
abutting property owners have been advised in writing by certified
mail, return receipt requested, cost of same borne by the applicant,
and have not objected within 10 calendar days after receipt of such
notice. Such permission shall be in writing and shall state the reasons
therefore, and be signed by the Building Official.
(h)
A swimming pool may be located within the required rear yard, but
not less than six feet from any rear or side lot line.
(i)
A private garage or shed may be used to store vehicles, boats, recreational
vehicles or similar equipment owned by the occupant. Storage or parking
of tractor-trailers is prohibited in A and R zones, except where such
tractor-trailers are exclusively used for agricultural purposes in
connection with such lot. Storage or parking of dump trucks, heavy
construction equipment, with or without transporting vehicles, and
box trucks with cargo sections 12 feet or more in length are prohibited
in R zones, except on a transitory basis where such vehicles are used
in conjunction with work performed on the premises.
(j)
No recreational vehicle shall be used for residential occupancy,
except in cases where the residential structure has been destroyed
by fire or other act of nature, and, in such case, for no more than
one year or until the residential structure is rebuilt, whichever
comes first. No recreational vehicle shall be stored for a period
in excess of one year unless it is registered and inspected under
state law and is in a condition for safe and effective performance
of the function for which it is intended.
[Ord. No. 08-31, 10-7-2009; amended 4-7-2021 by Ord. No. 21-01A]
(a)
Accessory family dwelling units (AFDU). Notwithstanding any other
provision of this appendix, an accessory family dwelling unit in an
owner-occupied, single-family residence shall be permitted as a reasonable
accommodation for family members with disabilities or who are 62 years
of age or older, or to accommodate other family members. The appearance
of the structure shall remain that of a single-family residence and
there shall be an internal means of egress between the principal unit
and the accessory family dwelling unit. If possible, no additional
exterior entrances should be added. Where an additional entrance is
required, placement should generally be in the rear or side of the
structure. When the structure is serviced by an individual sewage
disposal system, the applicant shall have the existing or any new
system approved by the Department of Environmental Management. The
Zoning Enforcement Officer shall require that a declaration of the
accessory family dwelling unit for the family member, or members,
and its restrictions be recorded in the land evidence records and
filed with the Zoning Enforcement Officer and the Building Official.
Once the family members with disabilities or who are 62 years of age
or older, or any other family member, no longer reside(s) in the premises
on a permanent basis, or the title is transferred, the property owner
shall notify the Zoning Official in writing, and the accessory family
dwelling unit shall no longer be permitted, unless there is a subsequent,
valid application.
(b)
Accessory dwelling units (ADU). An accessory dwelling unit shall
be permitted as a reasonable accommodation for family members with
disabilities or who are 62 years of age or older, or to accommodate
other family members. ADUs may be located within an existing accessory
structure, such as a garage or shed, and meet the following conditions:
(1)
An ADU must be accessory to a single-family residence;
(2)
The owner of the property must reside in either the principal
dwelling or the ADU;
(3)
The ADU must have separate cooking and sanitary facilities and
be a complete, separate housekeeping unit;
(4)
Only one ADU shall be permitted on a lot;
(5)
All utilities for the ADU must be shared with the principal
dwelling;
(6)
The minimum number of off-street parking spaces required for
an ADU is one;
(7)
The ADU cannot contain more than two bedrooms as defined by
the R.I. Department of Environmental Management, Office of Individual
Sewerage Disposal Systems (ISDS);
(8)
The size of the ADU may be no more than 50% of the living area
of the principal dwelling unit or 800 square feet of living area,
whichever is less;
(9)
The ADU shall meet all the dimensional requirements of Article
5 of this appendix;
(10)
For ADUs not connected to the Town sewer system, a system suitability
determination from the Rhode Island Department of Environmental Management,
ISDS Office, shall be required;
(11)
The Zoning Enforcement Officer shall require that a declaration
of the accessory dwelling unit for the family member, or members,
and its restrictions be recorded in the land evidence records and
filed with the Zoning Enforcement Officer and the Building Official.
Once the family members with disabilities or who are 62 years of age
or older, or any other family member, no longer reside(s) in the premises
on a permanent basis, or the title is transferred, the property owner
shall notify the Zoning Official in writing, and the accessory family
dwelling unit shall no longer be permitted, unless there is a subsequent,
valid application.
[Ord. No. 08-31, 10-7-2009]
Home occupations may include, but are not necessarily limited
to: professional office, such as that for an accountant, attorney,
engineer or other such person licensed by law or certified by a recognized
professional society; artist work studio; individual instruction or
tutoring; tailoring; telephone sales work; personal service (not including
hair salon) or similar activity in which goods, wares or merchandise
are not commercially sold at retail. In addition, home occupations:
(a)
Shall be operated entirely within a principal dwelling unit or accessory
building;
(b)
Shall be operated only by the person or persons residing within the
dwelling unit, with not more than one employee or regular assistant
not residing in the dwelling unit; and
(c)
Shall utilize not more than 20% of the GFA in the dwelling unit or
not more than 300 square feet whichever is less;
(d)
Shall have no exterior evidence of the activity such as artificial
lighting, advertisements, displays or the exterior storage of materials;
and
(e)
Shall not create a nuisance to neighboring dwellings or result in
a substantial increase in traffic.
[Ord. No. 08-31, 10-7-2009]
Within the R-1 and R-2 zones, animals for personal use are allowed
as follows:
(a)
For each 25,000 square feet of land one horse may be kept provided
that it is stabled.
(b)
A maximum of five birds, fowl or other animals may be kept for each
single-family dwelling unit provided that no roosters shall be kept,
and provided that such allowable livestock are housed and that any
building and/or enclosures which house such livestock be located no
less than 25 feet from the property line. Properties containing more
than one residential unit do not qualify under this provision.
[Ord. No. 08-31, 10-7-2009]
(a)
Commercial zone buffers. Any building, structure or use on a lot
in a C or I zone that abuts an A or R zone shall have a buffer extending
from the property line of the abutting A or R zone according to the
following schedule. The buffer shall provide a yearround opaque screen
of not less than six feet in height to minimize adverse impacts and
to limit views and sounds. The buffer shall be a mixture of ground
cover, understory vegetation and canopy trees, evergreens, berms,
walls and/or fences to adequately screen the commercial building or
use. The required width of the buffer on the lot in the C zone shall
be as follows:
|
R-2 and R-3
|
R-1, A-1 and A-2
| ||
|---|---|---|---|
|
C-1
|
20 feet
|
40 feet
| |
|
C-2
|
40 feet
|
50 feet
|
(b)
Industrial zone buffers. Any building or structure any outdoor operation,
such as mining or quarry operation, on a lot in an I zone that abuts
an A or R zone shall have a buffer area of 75 feet from the property
line of the abutting A or R zones, and any outdoor operation, such
as mining or quarry operation, shall have a buffer area of 150 feet
from the property line of the abutting A or R zones. The buffer shall
consist of natural or planted vegetation and be enhanced with solid
board fencing where required to adequately screen the industrial building
or use.
[Ord. No. 08-31, 10-7-2009]
(a)
Screening of trash containers. All commercial and industrial uses,
and residential uses of four households or more, shall provide trash
and/or garbage collection areas enclosed on at least three sides by
a solid wall, opaque fence or compact planting screen of at least
five feet in height, if such area is not within an enclosed building
or structure. In order to provide adequate vehicular access to and
from dumpsters, there shall be a minimum clearance of nine feet between
any such dumpster and any principal structure.
(b)
Screening of on ground utilities. Utility structures, substations,
telephone exchange substations, dish antennae and similar uses shall
be enclosed on at least three sides by a vegetative screen of hardy
evergreens or shrubs at least three feet high at time of planting
and which shall be sufficient to effectively provide a visual screen
from adjacent A and R zones.
(c)
Fences. In A and R zones, fences shall not exceed four feet in height
in any front yard nor shall they exceed six feet in height for other
yards.
[Ord. No. 08-31, 10-7-2009]
Except in A and R zones, outdoor display of merchandise (other
than vehicles and boats) is permitted up to 10% of the gross floor
area of a commercial establishment. Such outdoor display shall be
located on the same lot as the main use or may be located on the adjoining
municipal sidewalk only with the appropriate municipal permits and/or
licenses. No additional parking shall be required for such additional
area, provided existing parking is not reduced. The goods displayed
shall be removed at the end of each business day. Outdoor display
of vehicles and boats shall be permitted where the underlying use
is permitted, provided that all other dimensional requirements of
this appendix are met.
[1]
Editor's Note: Former § 6-11, Requirements for automobile
service stations, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(d), Requirements for specific categories
of special use.
[Added 12-16-2021 by Ord. No. 21-29-A]
A stormwater basin shall mean any man-made aboveground area,
which is typically constructed of earth, to temporarily collect and
store stormwater for purposes of temporary detention and/or retention
so as to control peak surface run-off and allow for the gradual absorption
or release of the stored water at controlled rates. Stormwater basins
are often referred to as detention or retention ponds for this reason.
(a)
Scope. When a landowner or developer has demonstrated to the Town
that property cannot be developed without an aboveground stormwater
basin, the basin shall be subject to the provisions of this section.
(b)
Purpose. This section is established to:
(c)
Applicability. This section shall apply to all land in the Town.
(d)
Penalty. Any person who shall violate any of the provisions of this section or fail to comply with this section or with any of the requirements of this section or who shall build or alter any stormwater basin in violation of any detailed statement or plan submitted and approved under this section, upon conviction thereof, shall be punished in accordance with § 17-5.
(e)
Specifications.
(1)
All designs of stormwater basins shall be approved by the Department
of Public Works.
(2)
All stormwater basins shall be designed to control a 100-year
storm.
(3)
All stormwater basins shall not exceed a maximum wet depth of
42 inches.
(4)
Each stormwater basin shall be enclosed with a four-foot-high,
black vinyl-coated chain-link fence, which shall have an eight-foot-wide
swing gate, to allow for maintenance of the stormwater basin. The
fence shall be placed a minimum of 10 feet from the edge of the berm
or embankment of the stormwater basin. Whereupon a physical condition
or obstruction prohibits the installation of the fencing at the minimum
ten-foot offset dimension, the fencing shall be installed at a location
determined to be a suitable distance away from the edge of the berm
or embankment, as approved by the Director.
(5)
All stormwater basins shall have a twenty-five-foot buffer area
between existing property lines and the edge of the stormwater basin,
which may not include buildings or structures, but may include vegetation
as may be approved by the Planning Board or Director, as the case
may be.
(6)
Land area required to establish a stormwater basin shall not
be used in calculating the minimum lot size required by the Zoning
Ordinance.
(7)
Upon Town approval of a stormwater basin, the owners of property
or, in the case of a subdivision that includes a homeowners association,
where a stormwater basin is to be constructed shall place on file
with the deed to the property a copy of the stormwater basin operation
and maintenance plan. The operation and maintenance plan shall address
periodic inspections, sediment removal, vegetation maintenance, mowing
requirements, and any other information required by the Planning Board
or Director, as the case may be. This filing shall take place prior
to the construction of the stormwater basin and prior to the transfer
of title to this property.
(8)
The design and installation of all stormwater basins shall comply
with the latest version of RIDEM's Rhode Island Stormwater Design
and Installation Standards Manual.
(f)
Liability.
(1)
The legal liability for and maintenance of a stormwater basin
shall be the sole responsibility of the landowner or homeowners association.
(2)
The landowner or homeowners association shall have an inspection
of the stormwater basin performed by a professional engineer every
three years to ensure maintenance and proper function of the stormwater
basin. Records of inspections shall be kept on file with the landowner
with a copy provided to the department of public works.
(3)
Stormwater basins not properly maintained shall be subject to
corrective action by the Town, the costs of which shall be imposed
as a lien on the property or properties within the homeowners association.
(g)
Obligation to disclose.
(1)
The developer, subdivider, or owner of property within the Town
who shall develop or subdivide property within the Town in such a
manner so as to qualify under the provisions of this article and who
shall transfer, lease, or otherwise convey any portion of such property
upon which is constructed a stormwater basin to any person, partnership,
corporation, holding company or other personal or business entity,
shall be obliged to inform such person, partnership, corporation,
holding company or other personal or business entity to which such
property is transfer of the existence thereupon of a stormwater basin
governed by the provisions of this article and the obligations and
liabilities hereinunder. Similarly, any subsequent owner of the property
has the same obligation to disclose under the provisions of this article
to any subsequent grantee.
(2)
Compliance with such obligation to inform shall be in the form
of a written description of the legal status of the stormwater basin
by assessor's plat and lot; the obligations which are being assumed
by the purchaser or grantee thereof, especially § 6-16(f),
liability, hereof; and shall contain the witnessed or notarized signatures
of the grantor and the grantee.
(3)
A copy of such document shall be conveyed to the Director of
Public Works of the Town of Cumberland, Rhode Island by the grantor.
The Director of Public Works shall file a copy of such document in
the Land Evidence Records of the Town of Cumberland, Rhode Island,
which filing shall constitute a lien against the property for title
examination purposes.
(4)
Failure to comply with this provision shall be punishable by
a fine of up to $100 per day for each consecutive individual day beyond
the date of the transfer of a property containing a stormwater basin
subject to this section, or, such other subsequent penalty, which
may be imposed by the municipal court of the Town of Cumberland, Rhode
Island.
(h)
Waiver or modification.
(1)
The Town Planning Board is hereby empowered and authorized to
grant a waiver or modification from the strict application of the
provisions of only §§ 6-16(e)(4), (5), and (6) in accordance
with the regulations.
(2)
Such waiver or modification shall only be considered at a public
hearing called for such purpose. Such hearing may be included in the
routine agenda of the Planning Board, however such hearing shall be
separately listed on the Planning Board agenda and considered as a
matter separate from any land development or subdivision hearing for
the subject property, which may also be on the Planning Board agenda.
(3)
Notice of any hearing which takes place pursuant to this section
shall be given by the Planning Board to the owners of real property
within 200 feet of the lot on which the proposed stormwater basin
shall be located. Should the proposed stormwater basin be a part of
a land development project or subdivision being considered by the
Planning Board the notice area shall be 200 feet of the perimeter
of the entire parcel under consideration.
(4)
Notice shall be by first class mail, return receipt requested,
at least 10 days in advance of the hearing, and shall contain the
date, time and place of the public hearing, the name of the property
owner or developer, the assessor's plat and lot and a brief description
of the matter under consideration. Should the request for waiver or
modification involve a land development project or subdivision also
being considered by the Planning Board at such meetings, the notices
may be included in the same mailing; provided, however, that separate
notice shall be required in written form.
(5)
Copies of the notice of such hearing shall be delivered to the
director of public works of the Town of Cumberland, Rhode Island,
as well as any other municipal, state or federal official or agency
deemed appropriate by the administrative officer. Such notice shall
solicit written comments. All final written comments to the Planning
Board from the administrative officer, the Director of Public Works,
municipal departments, state and federal officials or agencies shall
be a part of the permanent record of the application for relief, as
well as the development application, if any.
(6)
The determination of the Planning Board shall be by the majority
of the full membership of the Board. All records of the Board, together
with the rational thereof shall be written and kept as a part of the
permanent record of the Planning Board and shall be for available
public review.
[1]
Editor's Note: Former § 6-12, Outside storage of vehicles,
adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
[1]
Editor's Note: Former § 6-13, Outdoor display of merchandise
(other than vehicles and boats), was renumbered to § 6-11 on 12-6-2023 by Ord. No. 23-26.
[1]
Editor's Note: Former § 6-14, Communication towers, adopted
by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(g),
Requirements for specific categories of special use.
[1]
Editor's Note: Former § 6-15, Pre-schools and day care
facilities centers (excluding family day care), adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(s)
and (i), Requirements for specific categories of special use.
[1]
Editor's Note: Former § 6-16, Stormwater basins, was
renumbered to § 6-12 12-6-2023 by Ord. No. 23-26.
