[Amended 10-23-1997 by Ch. No. 2470; 12-20-2023 by Ch. No. 3287]
The zoning districts and regulations set forth in this Chapter 410, Zoning, are made in accordance with the most recently adopted Pawtucket Comprehensive Plan and for the following purposes:
A.
To promote the public health, safety and general welfare of the City.
B.
To provide for a range of uses and intensities of use appropriate
to the character of the City and reflecting current and expected future
needs.
C.
To provide for orderly growth and development which recognizes:
(1)
The goals and patterns of land use contained in the aforesaid Comprehensive
Plan of the City adopted pursuant to R.I.G.L. § 45-22.2.
(2)
The natural characteristics of the land, including its suitability
for use based on soil characteristics, topography and susceptibility
to surface or ground water pollution.
(3)
The values and dynamic nature of freshwater ponds, the riverfront
along the Blackstone River and Seekonk River and freshwater and coastal
wetlands.
(4)
The values of unique or valuable natural resources and features.
(5)
The availability and capacity of existing and planned public and/or
private services and facilities.
(6)
The need to shape urban development.
(7)
The use of innovative development regulations and techniques.
D.
To provide for the control, protection and/or abatement of air, water,
groundwater and noise pollution and soil erosion and sedimentation.
E.
To provide for the protection of the natural, historic, cultural
and scenic character of the City or areas therein.
F.
To provide for the preservation and promotion of open space and recreation
resources of the City.
G.
To provide for the protection of public investment in transportation,
water, stormwater management systems, sewage treatment and disposal,
solid waste treatment and disposal, schools, recreation, public facilities,
open space and other public requirements.
H.
To promote a balance of housing choices, for all income levels and
groups, to assure the health, safety and welfare of all citizens and
their rights to affordable, accessible, safe and sanitary housing,
including opportunities for the establishment of low- and moderate-income
housing.
I.
To provide opportunities for the establishment of low- and moderate-income
housing.
J.
To promote safety from fire, flood and other natural or man-made
disasters.
K.
To promote a high level of quality in design in the development of
private and public facilities.
L.
To promote implementation of the Pawtucket Comprehensive Plan, as
amended.
M.
To provide for coordination of land uses with contiguous municipalities,
other municipalities, the state and other agencies.
N.
To provide for efficient review of development proposals to clarify
and expedite the zoning approval process.
O.
To provide for procedures for the administration of this chapter.
P.
To provide opportunities for reasonable accommodations in order to
comply with the Rhode Island Fair Housing Practices Act, chapter 37
of title 34; the United States Fair Housing Amendments Act of 1988
(FHAA); the Rhode Island Civil Rights of Persons with Disabilities
Act, chapter 87 of title 42; and the Americans with Disabilities Act
of 1990 (ADA), 42 U.S.C. § 12101 et seq.
For the purpose of this chapter, the City is
divided into zoning districts designated and described as follows:
A.
Residential Limited RL. This zone is intended to establish
low-density single-household dwelling areas.
B.
Residential Single-Family RS. This zone is intended
to establish single-household dwellings where such single-household
dwellings now prevail.
C.
Residential Two-Family RT. This zone is intended for
neighborhoods consisting of interspersed one- and two-family dwellings.
D.
Residential Multifamily RM. This zone is intended
to continue single-household and multihousehold dwellings of specified
density and building height in those areas where such development
is prevalent.
E.
Residential Elevator RE. This zone is intended to
establish high-density residential structures around the downtown
area.
F.
Riverfront districts:
(1)
Riverfront Public Open RD1. The purpose of the RD1
Riverfront Public Open District is to promote and preserve public
spaces, including parks, riverwalks and public amenities along the
riverfront.
[Amended 12-19-2003 by Ch. No. 2709]
(2)
Riverfront Industrial RD2. The purpose of the RD2
Riverfront Industrial Zoning District is to preserve existing industrial
uses that are compatible with uses along the river in a manner that
protects the river from industrial discharge, including stormwater
runoff from large expanses of impervious paving.
[Added 12-19-2003 by Ch. No. 2709]
(3)
Riverfront Mixed-Use RD3. The purpose of the RD3 Riverfront
Mixed-Use Zoning District is to promote a mix of residential, commercial
and light industrial uses that are compatible with uses along the
river, including housing and commercial buildings; preserve and adaptively
reuse existing mill-type structures; promote variations in the siting
of structures and amenities; and to enhance view corridors to the
river.
[Added 12-19-2003 by Ch. No. 2709]
G.
Commercial Local CL. This zone is intended for neighborhood
commercial areas that primarily serve local neighborhood needs for
convenience retail services and professional office establishments.
H.
Commercial General CG. This zone is intended for commercial
areas that serve City-wide needs for retail, services and professional
office establishments.
I.
Commercial Downtown CD. This zone is intended to enhance
and restore the downtown area.
J.
Industrial Open MO. This zone is intended for light
industrial uses that accommodate a variety of manufacturing, assembly,
storage of durable goods and related activities.
K.
Industrial Built-Up MB. This zone is intended for
existing high-density industrial structures that are used for manufacturing
and storage purposes.
L.
Public Open PO. This zone is intended to preserve
open space recreation use and, in certain instances, public education
uses.
M.
Public Cemetery PC. This zone is intended to retain
cemetery land for its designated purposes.
N.
Overlay zoning districts. These are districts that
are superimposed on existing zoning districts or part of a district
and which impose specified requirements in addition to, but not less
than, those otherwise applicable and/or allow alternate uses.
(1)
Historic Districts. These overlay zoning districts
are designated in accordance with Title 45, Chapter 24.1, of the General
Laws of Rhode Island, as amended, which declares the preservation
of structures of historic or architectural value to be a public purpose
and authorizes the creation of the Historic District Commission (HDC)
for that purpose in the City of Pawtucket.
(2)
Flood Hazard Districts. The Flood Hazard District
includes all special flood hazard areas: Zone A, A1-30, AE and Zone
V, V1-30, VE on the City of Pawtucket Flood Rate Maps (FIRM) and the
Flood Boundary and Floodway Maps dated March 2, 2009, which are on
file with the Division of Zoning and Code Enforcement. The FIRM and
Flood Boundary and Floodway Maps may from time to time be updated
or amended by the Federal Emergency Management Agency, and these updates
and amendments shall be automatically incorporated into this chapter.
These maps, as well as the accompanying Pawtucket Rhode Island Flood
Insurance Study, are incorporated herein by reference.
[Amended 2-25-2010 by Ch. No.
2934]
(3)
Mill Building Reuse District (MBRD). The Mill Building Reuse District (MBRD) creates a zoning overlay district within the MB and MO Zones on sites containing obsolete or underutilized manufacturing and/or industrial buildings. The MBRD designation allows the development of such sites according to a master plan for mixed use. All such reuse developments shall be done in accordance with Article VA of the chapter.
[Added 8-21-2008 by Ch. No. 2896]
O.
Riverfront
Commons District RCD. The purpose of the Riverfront Commons District
RCD is to encourage use and development of previously developed buildings,
land, and/or sites by promoting flexibility in use and design being
cognizant of its proximity to the Blackstone River.
[Added 8-9-2012 by Ch. No. 3007]
P.
Commercial Mixed Use (CMU). The purpose of the Commercial Mixed Use
District is to encourage more active use and redevelopment of oversized
multitenant commercial properties by promoting more flexibility of
uses and design that is well suited for active economic activity along
Newport Avenue.
[Added 5-10-2018 by Ch.
No. 3154]
Q.
Conant Thread (CT). The purpose of the Conant Thread District is
to promote active reuse of historic mill structures located in close
proximity to the Pawtucket - Central Falls Commuter Rail Station,
and to encourage new development that is complementary of the unique
existing character of the district. The primary goal of the district
is diverse residential and job creation opportunities that may capitalize
on easy access to multiple forms of public transportation, often referred
to as transit-oriented development (TOD). The continuation of various
light manufacturing uses is promoted in this district, provided that
they are of scale, nature, and intensity that are consistent with
the active mixed-use vision for this district.
[Added 5-23-2019 by Ch.
No. 3194]
R.
Riverfront
Tidewater (RTW). The purpose of the Riverfront Tidewater District
is to encourage cohesive mixed-use development of vacant parcels in
proximity to the Blackstone and Seekonk Rivers that provides high-quality
amenities for both residents and visitors, contributes to positive
economic development, improves multimodal connections to downtown
Pawtucket, and enhances public access to, and viewsheds of, the riverfront
area.
[Added 2-25-2021 by Ch. No. 3237]
The City of Pawtucket Zoning Map shall constitute
the Official Zoning Map, shall depict all zoning districts and overlay
zoning districts of the City and is hereby adopted and made part of
this chapter. The Official Zoning Map shall consist of one index page
and 138 separate pages, showing the entire area of the City. Said
map shall be filed in the office of the City Clerk.
[1]
Editor's Note: Original Section 1 of the 1994 Zoning Ordinance provided that Chapter 31 of the 1966 Code was amended in its entirety (see History above), with the exception of Article III, Zoning Map, § 31-14, Adoption. Changes to the Zoning Map are made by ordinance and are made on the map itself which is on file in the office of the Planning Department (telephone 401-728-0500, Ext. 225).
Each page of the Zoning Map shall be identified
by the following: "City of Pawtucket Zoning Map Adopted on ___________
as Chapter _______ of the Ordinances of the City of Pawtucket," Index
page (or page number), the Seal of the City, "Seal of the City of
Pawtucket," the signature of the City Clerk and "City Clerk."
A.
If, in accordance with the provisions of this chapter,
amendments are made in zone boundaries or other changes to the Zoning
Map, such amendments shall be made on the Zoning Map by the City Engineer
promptly after their adoption by the City Council. Each such amendment
shall be accompanied by an entry on the Zoning Map as follows: "On
__________________, the City Council amended this Zoning Map as follows
(a brief description of the nature of the amendment), the signature
of the City Clerk and `City Clerk.'"
B.
The amending ordinance shall provide that it shall
not become effective until the amendment has been entered upon the
Zoning Map. No amendment to this chapter which involves matter shown
on the Zoning Map shall become effective until such amendment and
entry has been made on the Zoning Map.
C.
It shall be the duty of the City Clerk to furnish
copies of the amended Zoning Map to the Director of Zoning and Code
Enforcement, City Engineer, City Planning Commission and other officials,
departments, boards or commissions of the City having need of such
map for the performance of their duties.
A.
In the event that the Zoning Map or any page thereof
becomes damaged, destroyed, lost or difficult to interpret because
of the nature or number of amendments, the City Council may substitute
therefor by ordinance a new Zoning Map or page thereof which shall
supersede and replace the prior Zoning Map or page thereof.
B.
Each page of the new Zoning Map shall be identified
by the following: "City of Pawtucket Zoning Map, as corrected on ___________,
Superseding and Replacing page ______ of the Zoning Map Adopted on
___________________ as Chapter _______________," Index page (or page
number), the Seal of the City, "Seal of the City of Pawtucket," the
signature of the City Clerk and "City Clerk."
No changes of any nature shall be made on the
Zoning Map or matter shown thereon, except in conformity with the
procedures set forth in this chapter. Any unauthorized change of whatever
kind by any person or persons shall be considered a violation of this
chapter.
Regardless of the existence of copies of the
Zoning Map which may from time to time be made or published, the Zoning
Map herein described, which shall be located in the office of the
City Clerk, shall be the Official City Zoning Map and shall be the
final authority as to the current zoning status of land and water
areas, buildings and other structures in the City.
Where uncertainty exists as to the boundaries
of the zoning districts as shown on the Official Zoning Map, the following
rules shall apply:
A.
Zone boundaries are generally intended to follow lot
lines.
B.
Zone boundaries, where indicated, are the center lines
of streets, parkways, waterways or railroad rights-of-way.
C.
Where the street layout on the ground varies from
the layout as shown on the Zoning Map, the Director shall interpret
said map according to the reasonable intent of this chapter.
D.
Where the zone boundary divides a lot so that more
than 50% of the lot area is in a more restrictive zone, the provisions
of this chapter relating to the more restrictive zone shall be extended
to the entire lot.
E.
Where the zone boundary divides a lot so that 50%
or more of the lot area is in a less restrictive zone, the provisions
of this chapter relating to the less restrictive zone shall be extended
to the entire lot.
A.
Conformance with permitted use. No building or structure
shall be erected, reconstructed or enlarged for any use other than
that which is permitted in the zone in which such building, structure
or land is located. No building or structure shall be moved to a new
site unless that site is zoned to permit the use intended for such
building or structure, nor shall any building, structure or land be
used for any use other than is permitted in the zone in which it is
located.
B.
Dimensional conformance. Except as hereinafter provided,
no building or structure shall be erected, enlarged or reconstructed
to exceed the dimensional limits established for the zone wherein
such building or structure is located.
C.
Lot area conformance. No new lot shall be created,
nor shall an existing lot be reduced or diminished except in conformance
with the dimensional requirements of this chapter, nor shall the number
of dwelling units or occupancy thereon be increased in any manner
except in conformance with the dimensional requirements of this chapter.
The lot or yard areas of buildings existing at the time this chapter
became effective shall not be diminished below the requirements herein
provided. The required yard or parking area for a building shall not
be included as a part of the required yard or parking area of any
other building.
A.
It shall be the duty of the Director of Zoning and
Code Enforcement, hereafter written as "Director," to interpret and
apply the provisions of this chapter. Such interpretation and application
shall be subject to appeal to the Board. In interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
for the promotion of health, safety, convenience or the general welfare.
B.
This chapter shall be consistent with the Comprehensive
Community Plan, as amended, of the City of Pawtucket, adopted on October
26, 1995, pursuant to Chapter 45-22.2 of the General Laws of Rhode
Island, and in the instance of uncertainty in the construction or
application of any section of this chapter, this chapter shall be
construed in a manner that will further the implementation of, and
not be contrary to, the goals and policies and applicable elements
of such Comprehensive Community Plan.
[Amended 10-23-1997 by Ch. No. 2470]
