The Town is hereby divided into zoning districts
for the following purposes: to achieve compatibility of uses within
each zone, to implement the Comprehensive Plan, and to serve the other
purposes of this chapter. Zoning districts shall be depicted by type
and location on the Zoning Map.
The following rules shall be used to determine
the precise location of any zone boundary line shown on the Zoning
Map:
A.
Municipal boundary. Zone boundary lines shown as approximately
following the Town's municipal boundary line shall be construed to
follow such municipal line.
B.
Streets. Zone boundary lines shown as approximately
following streets shall be construed to follow the center lines of
such streets.
C.
Property lines. Zone boundary lines shown as approximately following
property lines as shown on the Westerly Tax Maps shall be construed
to follow such Tax Map property lines. In the event that there is
a conflict between the boundary lines shown on the Westerly Tax Maps
and the recorded legal description of the property, the recorded legal
description of the property shall govern.
[Amended 5-13-2019 by Ch. No. 1956]
D.
Railroad lines. Zone boundary lines shown as approximately
following railroad lines shall be construed to lie midway between
the main tracks of such railroad lines.
E.
Shorelines of tidal water bodies. Zone boundary lines
shown as approximately following the shorelines of tidal water bodies
shall be construed to follow the mean high waterlines of such water
bodies and, in the event of change in the mean high waterline, shall
be construed to move with the actual mean high waterline.
F.
Streams, rivers, other watercourses. Zone boundary
lines shown as approximately following streams, rivers, or other continuously
flowing watercourses shall be construed to follow the channel center
line of such watercourses taken at mean low water, and, in the event
of a natural change in the location of such streams, rivers, or other
watercourses, the zone boundary line shall be construed to move with
the channel center line.
G.
Ponds. Zone boundary lines shown as approximately
following the shorelines of ponds shall be construed to follow the
annual high waterline of such pond.
A.
Standard zoning districts. Westerly is hereby divided
into the following standard zoning districts:
(1)
Residential districts:
|
RR-60
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Rural Residential 60
|
|
LDR-43
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Low-Density Residential 43
|
|
LDR-40
|
Low-Density Residential 40
|
|
MDR-30
|
Medium-Density Residential 30
|
|
MDR-20
|
Medium-Density Residential 20
|
|
HDR-15
|
High-Density Residential 15
|
|
HDR-10
|
High-Density Residential 10
|
|
HDR-6
|
High-Density Residential 6
|
(2)
Commercial districts:
|
P-15
|
Professional/Office
|
|
DC-1
|
Downtown Center 1
|
|
DC-2
|
Downtown Center 2
|
|
NB
|
Neighborhood Business
|
|
HC
|
Highway Commercial
|
|
GC
|
General Commercial
|
|
SC-WH
|
Shore Commercial - Watch Hill
|
|
SC-G
|
Shore Commercial - General
|
|
MC
|
Marine Commercial
|
(3)
Industrial districts:
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GI
|
General Industrial
|
|
LI
|
Light Industrial
|
|
ORAT
|
Office Research, Assembly and Technology
|
(4)
Other standard districts:
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OSR
|
Open Space and Recreation
|
|
CR
|
Commercial Recreational
|
B.
Planned development districts. The following planned
development district are hereby established:
|
PRFD
|
Planned Resort Facilities Development
|
C.
Overlay districts. The following overlay districts
are hereby established:
[Amended 1-22-2018 by Ch. No. 1910; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
|
AA-O
|
Airport Area Overlay (See § 260-51.)
|
|
AP-O
|
Aquifer Protection Overlay (See § 260-52.)
|
|
SP-O
|
Salt Pond Overlay (See § 260-53.)
|
|
BB-O
|
Bed-and-Breakfast Overlay (See § 260-54.)
|
|
H-O
|
Historic Overlay (Reserved)
|
|
RC-O
|
River Corridor Overlay (Reserved)
|
|
HM-O
|
Historic Mill Overlay (See § 260-57.)
|
|
GS-O
|
Granite Street Overlay (See § 260-58.)
|
|
WS-O
|
Wells Street Overlay (See § 260-59.)
|
Following are the general descriptions of the
standard zoning districts. These are intended to be consistent with
the Comprehensive Plan. Any modification of this chapter shall be
consistent with the considerations set forth below and pertinent sections
of the Comprehensive Plan.
A.
Residential districts.
(1)
Rural Residential 60. Rural Residential 60 Zoning
District is intended for residential areas characterized by very low
density development and comprised mostly of land that is currently
used for agriculture and contains wetlands, other severe soil constraints,
or other sensitive environmental characteristics. The rural residential
districts are designed to protect many of the Town's most valuable
natural resources. (Note that within the watershed of the salt pond,
a maximum density of one dwelling unit per two acres is required by
the Rhode Island Coastal Resources Special Area Management Plan.)
Rural Residential 60 is designed for those areas which do not have
access to municipal sewers or municipal water.
(2)
Low-Density Residential 43. The Low-Density Residential
43 Zoning District is intended for residential areas, such as Watch
Hill, which are comprised predominantly of large single-family homes
on large lots and which are served by municipal water but not by municipal
sewers systems. The minimum one-acre lot size is designed to preserve
the existing character of such neighborhood.
(3)
Low-Density Residential 40. The Low-Density Residential
40 Zoning District is intended to protect and preserve areas of prime
agricultural soils for continued agricultural and agriculturally oriented
uses. The standards and densities prescribed for this district are
intended to preserve the open character of the area and thereby to
protect the business of agriculture. Residential use in this district
is restricted to a minimum lot size of 40,000 square feet.
(4)
Medium-Density Residential 30 and 20. The Medium-Density
Residential 30 and 20 Zoning Districts are generally intended for
single-family neighborhoods adjacent to high-density areas. These
zoning districts are designed to conform to existing development patterns
rather than encourage major expansions beyond defined neighborhoods.
Most areas within this district are connected to municipal water but
not to municipal sewers. Specific provision is provided for alternative
residential development of certain property of substantial size in
the R-30 Zoning District.
(5)
High-Density Residential 15, 10 and 6. High-Density
Residential 15, 10 and 6 Zoning Districts are intended primarily for
areas of existing residential development. These zoning districts
are designed for areas where existing densities are high, close to
saturation, which include a variety of housing types. These areas
are served by municipal water. Also except Misquamicut, they are served
by municipal sewers.
B.
Commercial districts.
(1)
Professional/Office. The Professional/Office Zoning
District is intended to establish areas within which the Town encourages
a concentration of professional office and related uses. Property
in this district often provides a transitional area between more intense
districts and residential districts.
(2)
Downtown Center 1 and 2. Downtown Center Zoning Districts
are intended for areas comprising the downtown business core and immediately
surrounding areas characterized by mixed uses, high-density residential
uses and retail shops. The Downtown Center Zones are intended to preserve
the distinct character of the downtown, which has special needs related
to its historic mill town origins, in particular the preservation
of historic buildings and facades.
(3)
General Commercial. The General Commercial Zoning
District is intended for areas of historic commercial activity.
(4)
Highway Commercial. The Highway Commercial Zoning
District is intended for areas which are primarily vehicle-oriented
because of their location along major roads. An objective of this
commercial zoning category is to address existing traffic safety problems
associated with excessive curb cuts and to prevent further traffic
problems from occurring with future development.
(5)
Neighborhood Business. The Neighborhood Business Zoning
District is intended for areas characterized by small retail and personal
service operations but surrounded by residential areas.
(6)
Marine Commercial. The Marine Commercial Zoning District
is intended to establish an area dedicated to marine (water-dependent)
and marine-related uses. Uses proposed for the portion of the river
designated as Class 3, High-Intensity Boating in the Rhode Island
CRMC Program, are consistent with that program.
(7)
Shore Commercial WH and G. Shore Commercial WH and
G Zoning Districts are intended to promote the use of waterfront locations
for servicing local and tourist seasonal businesses and water-related
activities. The Shore Commercial Districts also provide for both direct
and indirect access to the water by the general public. Shore Commercial
G is located generally in Misquamicut and Shore Commercial WH is located
in Watch Hill. Each zone is intended to allow uses in a manner which
limits their impact on abutting residential areas.
C.
Industrial districts.
(1)
General Industrial. The General Industrial Zoning
District is intended for manufacturing uses. This zone is intended
for industrial uses which must be segregated because of their incapability
with other land uses; it is designed to provide for the infrastructure
and operational requirements of industrial uses.
(2)
Light Industrial. The Light Industrial Zoning District
is designed for areas which have historically housed industrial development
in proximity to business and residence, and which would be incompatible
with more extensive industrial use
(3)
Office, Research, Assembly and Technology. This district
is designed to provide for office research assembly and technology
uses that do not require extensive infrastructure, sewer, water, site
development, or present a threat to sensitive environmental resource.
D.
Other standard zoning districts.
(1)
Open Space and Recreation. The Open Space and Recreation
Zoning District is intended for areas in use as open space and recreation.
This district covers a variety of uses including the Town's well fields,
major parks and recreation areas, portions of the barrier beaches
and cemeteries.
(2)
Commercial Recreational. The Commercial Recreational
Zoning District is intended for areas that have historically housed
commercial/recreational facilities although adjacent to residential
areas in order to allow their continued existence subject to reasonable
regulations and limitations on future expansion.
A.
Planned development districts become mapped for a
particular area of land by a zone change granted in conjunction with
approval of a master plan of development for that particular area
of land which includes requirements and regulations specific to that
land.
B.
Planned Resort Facilities Development. The Planned
Resort Facilities Area concept is intended to recognize the Town as
a tourist resort area and permit the growth of the industry, provided
that such facilities are located in at least 80 acres as identified
in the Town Comprehensive Plan and are designed to limit their impact
on neighboring property.
[Amended 1-22-2018 by Ch. No. 1910; 5-13-2019 by Ch. No. 1956; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Overlay zoning districts are intended to provide additional regulations for particular areas of the Town. Overlay zoning district maps, to the extent the district exists or is created, shall be generated and incorporated into the "Official Zoning Map, Town of Westerly, Rhode Island, July 1, 2019," as amended, in accord with § 260-16.
[Amended 1-22-2018 by Ch. No. 1910; 5-13-2019 by Ch. No. 1956]
A.
The location and boundaries of zoning districts, including overlay zoning districts as identified in § 260-15, shall be prepared and administered in a digital format, such as within a geographic information system, and shall be entitled "Official Zoning Map, Town of Westerly, Rhode Island, July 1, 2019," as amended ("zoning map"). The zoning map shall be available for viewing and on file in the Town Clerk's Office in digital and hard-copy, such as paper, format. In addition, the zoning map shall also be available for viewing on the official Town of Westerly website.
B.
In the event of a conflict between the digital and hard-copy formats
of the zoning map, the digital zoning map shall govern. Whenever a
change effecting the zoning map is adopted and the ordinance is filed
with the Town Clerk, the digital zoning map shall be amended to reflect
the change as an amended zoning map. A copy of any ordinance effecting
a change to the zoning map shall also immediately be distributed to
the Town of Westerly Zoning Official and the Town of Westerly Information
Technology Department. The Town of Westerly Information Technology
Department shall update the digital format of the zoning map within
90 days of receipt of an amending ordinance. Any costs incurred by
the Town of Westerly in updating the digital format zoning map shall
be borne by the applicant, unless that applicant is the Town of Westerly.
