[HISTORY: Adopted by the Town Council of the Town of Smithfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-1988 (Ch. 14, Art.
II, of the 1985 Code of Ordinances)]
The outdoor parking or storage of commercial motor vehicles shall not
be permitted in districts zoned R-200, R-80, R-30, R-20 and R-20M within the
Town if the vehicle is over five tons' gross vehicle weight (gvw), except
where such parking or storage is directly related to and is accessory to a
permitted use or legal nonconforming use on the premises.
Parking and storage of (commercial) motor vehicles in Village,
Commercial, Highway Commercial, Industrial, Office and Planned Development
Zoning Districts within the Town shall be permitted provided that such vehicles
are used in conjunction with the authorized use being conducted on the premises
or parcel of land.
The outdoor parking or storage of major recreational equipment (which
includes travel trailers, pickup campers or coaches, motorized dwellings,
tent trailers, boats and boat trailers, but does not include mobile homes)
in districts zoned R-200, R-80, R-30, R-20 and R-20M within the Town shall
comply with the following regulations:
A.
Not more than one travel trailer, pickup camper or coach,
motorized dwelling, tent trailer, or boat and boat trailer may be stored on
a lot, and such equipment shall not be more than 13.5 feet in height. A property
owner will be allowed to maintain one boat as well as one trailer or camper
on his/her property. Boats which are less than 21 feet in length are not subject
to the provisions of this article.
B.
No major recreational equipment while parked or stored
shall be used for living, sleeping or housekeeping purposes.
C.
No major recreational equipment shall be stored in any
front yard as that term is defined by the Smithfield Zoning Ordinance.
D.
No major recreational equipment shall be stored outdoors
in R-200, R-80, R-30, R-20 or R-20M Districts unless in condition for safe
and effective performance of the function for which it was intended.
A.
General. No person(s), firm, corporation, partnership
or entity shall place, deposit, leave, store or keep, or permit to be placed,
deposited, left, stored or kept or arranged to have placed, deposited, left,
stored or kept any vehicle that is either partially or totally dismantled,
unserviceable, damaged to such an extent as to be inoperable, abandoned, junked
or discarded, nor shall any person(s), firm, corporation, partnership or entity
place, deposit, leave, store, or keep more than one unregistered, ungaraged
vehicle on any parcel owned by the aforesaid within the Town, unless a license
for the storage thereof has been obtained from the appropriate governmental
authority. For the purpose of this article, contiguous lots of land within
the Town owned by the same such person(s), firm, corporation, partnership
or entity shall be considered one parcel.
B.
Specific provisions.
(1)
The owner or the person having possession of any aforedescribed
vehicle that is upon private property shall remove same within seven days
after being ordered so to do in writing by the owner, lessee or occupant of
the premises where said vehicle shall be found or by the Zoning Enforcement
Officer of the Town of Smithfield. If the owner of any aforesaid vehicle is
not known or cannot readily be ascertained or contacted, notice to remove
may be given by attaching such notice to said aforesaid vehicle. The Police
Department upon request therefor by the Zoning Enforcement Officer shall assist
in ascertaining the name and address of the owner of any such vehicle.
(2)
If the owner or person having possession of any aforesaid
vehicle is also the owner, lessee, or occupant of the premises, notice to
remove as aforesaid shall be given by the Zoning Enforcement Officer.
(3)
If said vehicle is on a Town street or public highway
48 hours after notice to remove the same shall have been given by the Police
Department or the Zoning Enforcement Officer, and if in the judgment of the
Police Department or the Zoning Enforcement Officer said vehicle constitutes
a present hazard or unduly obstructs traffic or ingress to or egress from
private or public property, the same may be removed by the Police Department
or Zoning Enforcement Officer without any further notice. If any unregistered
vehicle of any type is parked or stored upon any Town street or public highway,
it may without any prior notice be towed away immediately by order of the
Police Department or the Zoning Enforcement Officer.
(4)
An unregistered vehicle on premises not owned or occupied
by the owner of such vehicle or the person having possession may be deemed
to be abandoned.
(5)
Upon failure to remove any aforesaid vehicle within the
time limit described herein, said owner, lessee, occupant of the premises
or Zoning Enforcement Officer may forthwith remove or cause the vehicle to
be removed from the premises to a location to be provided for such purpose
by the Zoning Enforcement Officer.
(6)
The owner of any vehicle so removed under this article
may regain possession thereof from the Zoning Enforcement Officer by making
application therefor within 10 days after its receipt by the Zoning Enforcement
Officer upon paying all of the towing and storage charges of such vehicle
to the entities or persons which incurred such charges; provided, however,
if the vehicle is merely unregistered, or appears to be in a serviceable condition,
the owner shall have 30 days to regain possession as aforesaid.
(7)
If no claim for such aforedescribed vehicle is made in
the manner provided, the Zoning Enforcement Officer or the Police Department
may dispose of such vehicle in accordance with the provisions of Title 31,
Chapter 42 of the General Laws of the State of Rhode Island, as amended.
(8)
Neither the Zoning Enforcement Officer nor the Police
Department shall be liable for any loss or damage to any vehicle removed by
either such entity pursuant to this article, whether caused in the removal
of the vehicle or its subsequent storage or as a result of any subsequent
sale or other disposition.
C.
Inclusionary provisions.
(1)
Dismantled, junked or abandoned vehicles shall be deemed
to include major parts thereof including bodies, engines, transmissions, rear
ends, and the like.
(2)
Public property shall include property owned by the Town
or state, property acquired by the Town at tax sale, and all streets and highways
within the Town whether or not they are public highways.
(3)
A vehicle legally or physically incapable of being operated
shall not include one which has not been duly registered for at least 30 days
according to law, or which lacks to a substantial degree the equipment in
good operating condition as required by law to enable it to be registered.
(4)
Premises shall include public or private property, Town
streets and public highways.
Any person(s), firm, partnership, corporation or entity required by
the provisions hereof to remove any vehicle, as aforesaid, after being notified
to do so in the manner as aforesaid, and who shall fail to do so after being
so notified, shall be guilty of a violation of this article, commencing on
the day after being notified to remove such vehicle as aforesaid, and shall
be fined an amount not exceeding $100 for each such violation, and each day
that the vehicle that has been requested to be removed remains unmoved shall
be deemed a separate violation, punishable by said fine not exceeding $100.
[Adopted 4-24-1990 (Ch. 10, Art.
IV, Div. 17, of the 1985 Code of Ordinances)]
All persons storing tires out-of-doors on a parcel of land in excess of 1/2 acre in size located within the boundaries of the Town shall obtain a conditional use permit for such use. The permit shall be issued by the Town Council if it finds the property to be properly zoned for tire storage and if it finds that the conditions of § 308-7 hereof are met.
No conditional use permit shall be issued unless adequate provision
has been made for each of the following:
A.
The terrain must be sloped such that total runoff is
collected at one point.
B.
Security. Twenty-four-hour security must be maintained
by fences, dogs, or guards. Lighting with dusk-to-dawn lights shall be provided
to illuminate the storage area.
C.
Water availability. Fire-fighting water must be available.
D.
Size of piles. Individual piles shall be no larger than
100 feet by 100 feet (approximately 1/4 acre) and stacked no higher than
25 feet.
E.
Access. In order to provide adequate and safe access
for fire-fighting vehicles and heavy equipment, the tire piles shall be separated
by at least 200 feet. An all-weather road shall be maintained between the
piles with a minimum width of 60 feet.
F.
Retention basin. Each tire pile shall be trenched with
drainage to a retention basin located on site which shall have the capability
of collecting up to 1,000,000 gallons of runoff per pile. Basins shall be
constructed of an impermeable substance or lined with a plastic liner.
G.
Any person storing tires must have an emergency plan
prepared to address the problem of runoff collection and storage in case of
fire. Prior arrangements must be made for pumping and having liquids collected.
H.
The storage area, as well as a fifty-foot buffer zone
around the storage area, shall be kept clear of all vegetation.
I.
Only tires may be collected in the area.
J.
Heavy equipment for segregating piles must be available
on short notice at the owner's expense.
K.
The owner may be required to post a bond to offset cleanup
costs or damage caused by fire and the like.
L.
Berms/dikes must be erected to protect streams, runs,
creeks, and tributaries from runoff.
M.
Suitable fire breaks must be constructed on the outer
perimeter to protect any woodland. Breaks shall be constructed in accordance
with forestry requirements of the State of Rhode Island.
N.
Appropriate setbacks from property lines must be maintained.
O.
Tight soil is required (e.g., shale).
P.
Roadways must be constructed and maintained so as to
be usable by heavy equipment and fire apparatus regardless of weather conditions
and season of the year.
Q.
Fire hydrants shall be provided on site in such number
and in such location as determined by the Fire Department. The water system
shall be capable of delivering a fire flow of a minimum of 2,000 gallons per
minute for five hours without interruption.
R.
Hose houses shall be installed on site in such number
and in such location as determined by the Fire Department. Houses shall have
the following equipment installed: 200 feet of 2 1/2 inch hose with an
attached nozzle with a smooth bore tip of 1 1/8 inch diameter and a control
valve meeting Fire Department specifications. Water supply shall be provided
off of the main serving the facility. An alternative water supply shall be
provided which meets Fire Department specifications and is approved by the
Fire Department.
S.
There shall be a radio fire alarm box located at the
entrance of each storage facility which has been approved by the Smithfield
Fire Department.
T.
The fire safety requirements applicable to the site shall
in all respects conform to the National Fire Code, 1980 NFPA 231D Standard
for Storage of Rubber Tires, as it is amended from time to time.
This article shall be enforced by the Environmental Affairs Officer
and in the same fashion as the Smithfield Zoning Ordinance is enforced.
