(a)

No zoning certificate or permit will be issued by the zoning enforcement officer for construction of a main use or for the use of land requiring access onto a state highway until the zoning enforcement officer receives the approval, in writing, of the Rhode Island Department of Transportation, division of public roads. No zoning certificate or permit will be issued by the zoning enforcement officer for construction of a main use or for the use of land requiring access onto a town road until the zoning enforcement officer receives the approval, in writing, of the director of public works, Town of Burrillville.

(b)

Such approvals shall state that the proposed accessways will not substantially interfere with traffic flow and will not constitute a safety hazard to traffic on state and town highways.

(c)

Every building hereafter erected or moved shall be on a lot adjacent to an accepted and improved public street or a lot in an approved subdivision, for which the town holds a valid, up-to-date bond for road construction and which has been completed through the binder course of pavement. No certificate of occupancy shall be issued until a paved bituminous apron meeting the requirements of the Burrillville DPW has been installed and accepted.

Only one principal structure shall be permitted on any lot in the F-5, F2, R-40, R-20, R-12 zones as well as the aquifer overlay zone. Where residential lots exist in the commercial or industrial districts as nonconforming uses, only one principal structure shall be permitted on a lot. Where commercially or industrially zoned land is to be used exclusively for residential purposes, only one principal structure shall be permitted on a lot.

(Ord. of 4-12-2000)

Per P.L. 2015, ch. 218, § 3, G.L. 1956, § 45-24-30(c), 250-RICR-150-15-3, the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (the "DEM Wetlands Regulations"). Rhode Island cities and towns are prohibited from applying requirements pertaining to wetland buffers and onsite wastewater treatment system setbacks to development applications submitted to a municipality after July 1, 2022, the effective date of said state regulations. Applications made on or after this date shall comply with the DEM Regulations as amended. Applications made prior to this date remain subject to the standards of this section 30-153.

For any lot which has been determined by the Rhode Island Department of Environmental Management to contain a wetland, if the wetland area, including wetland buffer, is greater than 40 percent of the total area, the following restrictions shall apply:

(1)

Only single-family housing will be allowed in all residential zones;

(2)

All commercial and manufacturing uses must be sewered;

(3)

Each lot shall have a minimum buildable area of 12,000 square feet excluding wetland and wetland buffer zone as defined by the Wetland Act of the State of Rhode Island;

(4)

No individual sewage disposal system (ISDS) shall be located:

a.

Within 200 horizontal feet of a "fresh water wetland" as defined in G.L. 1956, § 2-1-20, as amended.

b.

Within 200 horizontal feet of a "river" as defined in said G.L. 1956, § 2-1-20, as amended.

(Ord. of 03-22-2023 (2))

Impervious surfaces shall be limited to 25 percent of the minimum lot size of any developed lot within an A zone or within 200 feet of the A zone boundary, within a wetland as determined by the department of environmental management or within a groundwater source area.

(a)

Purpose and intent. The purpose of this section is to permit residents a broad choice in the use of homes as a place of livelihood and the production of supplemental personal and family income, to maintain and preserve the character of residential neighborhoods by protecting them from adverse impacts of activities associated with commercial uses.

(b)

Eligibility. Certain home occupations are allowed within a dwelling or an accessory structure (where accessory structures are allowed) in all farming and residential districts.

(c)

Town review. Providing that all conditions noted below are met, no permit shall be required for home occupations.

(d)

Allowable uses. Allowable home occupations include the following, provided, however, the occupations do not violate the conditions set forth herein, or violate any other regulations by licensing authorities.

(1)

Dressmaking;

(2)

Sewing and tailoring;

(3)

Telephone solicitation work, or any work conducted on a home computer;

(4)

Photography studio;

(5)

Tutoring or training;

(6)

Home crafts;

(7)

Food and beverage production;

(8)

Studios for artists or craftworkers;

(9)

Single-operator hairdresser;

(10)

Professional services such as: offices for attorneys, real estate agents, insurance agents, accountants, stockbrokers, engineers, architects, landscape architects, writers, data programmers and app designers, web and graphic designers, interior designers, translators, sales representatives, and other small-scale service offices;

(11)

Studio and private lesson space for musicians and singers;

(12)

Online or small-scale in-person course instruction;

(13)

Small-scale watch, jewelry, and electronics repair (computer and phone repair);

(14)

Family day care;

(15)

Small-scale indoor commercial recreation, health and fitness services and lessons, such as yoga and pilates studios, dance studios, certified massage therapy, physical therapy, sports performance training, martial arts;

(16)

Small-scale automotive, small engine or motorcycle repair in a garage or outbuilding with no outdoor storage of equipment, materials or vehicles;

(17)

Limited landscaping or other home-based service businesses, which are conducted off-site (off premises).

(e)

Conditions. Home occupations are allowed subject to the following conditions:

(1)

Size of use. The use of the dwelling unit or, where permitted, an accessory structure by the resident for a business is incidental and subordinate to its use for residential purposes and occupies 25 percent or less of the floor area within the dwelling unit on the premises or the equivalent floor area within an accessory structure.

(2)

On-site parking and traffic. All allowable uses are allowed on any size residential lot so long as the use does not generate more than, on average: (1) one customer car visit per hour, and (2) no more than two commercial deliveries per day during normal business hours, and (3) all customer parking can fit on the property's driveway. Traffic, including traffic by commercial delivery vehicles, shall not be generated in greater volumes than would normally be anticipated in a residential neighborhood wherein no home occupation exists. Businesses that expect more than one customer car visit per hour, but no more than an average of four, may be allowed on lots of 20,000 square feet or greater. Businesses that expect more than four customer car visits per hour, but no more than an average of eight, may be allowed on lots of 40,000 square feet or greater. Blocking vehicle or pedestrian traffic on any portion of a public street, alley, or sidewalk is prohibited.

(3)

Employees. No more than two non-resident employees are allowed on the premises.

(4)

Outside appearance. There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from the property line of the conduct of such business, except that one sign for the business is allowed (see "signage" below).

(5)

Noise. The operation of any home occupation shall conform to all town noise ordinances.

(6)

Signage. One sign for the business not larger than two square feet in area. The sign shall be flush-mounted to the dwelling unit. Sign lighting shall be indirect only, and shall be shielded such that the light is not directed toward and does not shine upon adjacent properties. Vehicles or equipment may not be used for the primary purpose of advertising the home occupation at the site of the home occupation.

(7)

Hazards and nuisances. No hazard or nuisance, including noise, dust, odors, heat, glare, noxious fumes, vibrations, or hazardous waste shall be created, nor hazardous materials stored, to any greater or more frequent extent than would be expected in the neighborhood under normal circumstances wherein no home occupation exists. Commercial repair of vehicles, engines, and machinery, and all other uses prohibited in residential districts, is strictly prohibited, except where accessory to a farm.

(8)

Outside goods and materials. There shall be no outdoor display or sale of goods, outside storage, or stockpiling of materials on the premises. There will be no more than one vehicle outside for business use or delivery (as opposed to vehicles for normal residential use), and any and all outside storage of vehicles for commercial repair is strictly prohibited.

(9)

Retail sales. There shall be no retail sales on the premises, only as authorized herein this section.

(10)

Parking. Parking for the home occupation shall preferably be met on site, in a driveway, garage, or car port. For uses on lots of 20,000 square feet or greater with higher parking demand, a small outdoor parking area for up to four parking spaces may be allowed. For uses on lots of 40,000 square feet or greater with higher parking demand, a small outdoor parking area for up to eight parking spaces may be allowed. Under no circumstance shall more than eight parking spots be allowed in such parking areas. For such small outdoor parking areas, the use of pervious materials including, but not limited to, crushed shells or stone, gravel, lattice finishes that allow for turf to grow within the parking area, or re-enforced turf are strongly encouraged. Where pavement shall be used, treatment of stormwater runoff from these surfaces shall comply with the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Only in locations where there is adequate on-street parking, such parking shall be only in front of the property and not in front of abutting properties.

(11)

Lighting. All lighting related to the business use of the property shall be indirect only and shall be shielded such that the light is not directed toward and does not shine upon adjacent properties.

(12)

Utility use. The home occupation shall not cause a demand for municipal, community, or utility services that are substantially in excess of those usually and customarily provided for residential uses.

(13)

Commercial equipment. There shall be no storage of commercial equipment on the property except as allowed for farms.

(14)

Hours of operation. Visiting of customers and delivery shall be restricted to 7:00 a.m. until 9:00 p.m. daily.

(15)

Screening. For uses that require a small outdoor parking area (as opposed to driveway, garage, or car port parking), opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any parking area that falls within 50 feet of a side or rear lot line.

(16)

Renter/owner responsibility. If the proprietor of a home occupation rents or leases the property wherein the home occupation is intended to be conducted, the applicant must provide a letter of acknowledgment and consent from the property owner at the time the business is registered with the town.

(f)

Conditions for specific uses.

(1)

Food and beverage production.

a.

No noticeable odors from the food/beverage production emitting from the property.

b.

Production of beer, wine and/or spirits is prohibited as a home occupation.

(2)

Family daycare.

a.

Limited to a capacity of six children or adults being cared for within the daycare operations at any given time (not including any children or adults permanently residing there).

(3)

Small-scale indoor commercial recreation, health and fitness services.

a.

Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.

(4)

Studio and private lesson space for musicians and singers. Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.

(5)

Small-scale in-person course instruction. Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.

(6)

Small-scale mechanical maintenance and repair, woodworking, furniture making, machining of metal, welding, and fabricating.

(7)

Off-premises businesses such as landscaping, snow plowing. Limited to the storage of a single vehicle and/or trailer/equipment that is necessary to conduct such a business.

(8)

Consignment shops, antique shops on a small scale (maximum 400 square feet).

(Ord. of 4-25-2001; Ord. of 5-26-2004(1); Ord. of 3-24-2021(1))

(a)

Off-street parking.

(1)

Any structure or use, erected or developed after the date of passage of this chapter (July 8, 1961) must provide off-street parking facilities in accordance with the following regulations:

a.

Residential structures: Two car spaces for each dwelling unit.

b.

Hotels, motels, lodging or guest house: One car space for each room for rent or each suite, plus one car space for each two employees.

c.

Office uses: One car space for every 250 square feet of floor area.

d.

Retail and service business: One car space for every 90 square feet of floorspace devoted to sales, plus one car space for every two employees.

e.

Restaurants, theaters, churches, schools and other places of assembly: One car space for every five persons of capacity.

f.

Industrial and wholesale uses: Two car spaces for every three employees.

g.

All other uses: Two car spaces for every three employees.

(2)

Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for the zoning certificate for the main use. In allotting space for off-street parking facilities, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet and shall be served by suitable aisles to permit access and automobile maneuverability into all parking spaces.

(3)

All parking facilities provided under this section must be constructed on or adjacent to the site of the main use. Parking facilities shall conform to the following standards of construction:

a.

The area shall have a dust-free hard surface and shall be provided with bumper guards where needed.

b.

Where such area lies within a residential district, an opaque fence not less than four feet nor more than six feet in height or a compact evergreen [hedge] not less than four feet in height shall be erected and maintained between such area and the adjoining residential district.

c.

Lighting fixtures used to illuminate the parking area shall reflect away from adjoining property and away from adjacent traffic arteries.

d.

In any residence or farming district, the parking or storage of commercial vehicles of 1.5 tons capacity or greater and commercial or house trailers [shall] not be permitted except where such parking [or] storage is directly related to and is accessory to a permitted use or legal nonconforming use.

e.

All parking lots subject to this section shall be screened and landscaped.

(b)

Off-street loading.

(1)

All commercial and industrial structures erected subsequent to the adoption of this chapter shall provide off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the zoning enforcement officer at the time of application for the zoning certificate for the main use.

(2)

Where a loading facility is to be located in or abutting a residential or farming district, the restrictions contained in subsection (a)(3) concerning surfacing, screening and lighting shall apply.

(c)

Major recreational equipment parking/storage.

(1)

The parking or storage of major recreational equipment, which includes travel trailers, pickup campers, motor homes, tent trailers, boats and boat trailers, but does not include house trailers or mobile homes, in farming or residence districts, shall comply with the following:

a.

Such equipment may not be more than 12 feet in height.

b.

Such equipment must be maintained for the personal use of a resident of the lot on which it is located.

c.

No major recreational equipment:

1.

May be used for living, sleeping or housekeeping purposes while parked or stored;

2.

Shall be parked or stored in any front yard unless the side or rear yards are inaccessible;

3.

Shall be stored outdoors unless it is in condition for safe and effective performance of the function for which it was intended or may be made so within a six-month period.

(Ord. of 5-27-2009; Ord. No. 12-13-2023(2))

(a)

Purpose. The purpose of this article is to promote and protect the public health, welfare and safety by regulating the use of existing and proposed outdoor signs, signs visible from the outside and other advertising devices. This article is intended to preserve and enhance the physical appearance and historic culture of the community, protect property values and contribute to an attractive business climate by allowing sufficient freedom to identify and promote the availability of goods and services. It is further intended to promote and protect public safety by reducing sign and advertising distractions, obstructions and hazards that may contribute to traffic accidents or personal injury. Models of projecting signs and monument signs, as defined below, may be obtained from the department of planning and economic development.

(b)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Directory sign means a sign which contains listings of two or more commercial establishments and which is designed and constructed to allow for changes to the listings to reflect changes in occupancy without major alterations of the entire sign. Each individual directory sign shall not exceed eight square feet.

Lighting, indirect means lighting that is external to the sign.

Monument sign means a sign that is constructed from brick, fieldstone, cement or wood, and secured at base grade level via cement footing. Monument signs shall be indirectly lighted from the sign base and not exceed five feet in height.

Shopping center means two or more retail or mixed-use establishments contained within the same building and/or sharing a parking lot. Shopping centers include shopping malls.

Sign means any device, whether freestanding or attached to a building or structure, or that is erected, painted, represented or reproduced on any building or structure, which displays, reproduces or includes any letter, work, name, number, model, insignia, design, device or representation used for one or more of the following purposes:

(1)

To identify the premises, occupant, or owner of the premises;

(2)

To advertise the sale, rental, or use of all or part of any premises;

(3)

To direct vehicular or pedestrian traffic other than state or municipal highway and roadway markers; and

(4)

Including any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person or corporation.

Sign, freestanding means a sign supported by a pole, uprights, braces or frame on or in the ground and not supported by any wall, building or similar structure. This definition includes ground-mounted signs.

Sign height means the vertical distance measured from the ground at the base of the sign to the highest point of any portion of the sign.

Sign, obsolete means any sign which advertises a use, business or product which is no longer in service or sold.

Sign, off-premises means any sign or advertising device, not exceeding 15 square feet, which advertises a use or activity not located or a product not sold or manufactured on the lot on which the sign or device is located.

Sign, projecting means a sign erected to project approximately perpendicular from the exterior of any building or wall.

Sign setback means the setback measured from the property line to the outermost edge of the sign or supporting structure, whichever is closer to the lot line.

Sign, wall-mounted means a sign erected against or attached to the wall of any building or structure, except a freestanding sign support, including signs affixed to fences, screens and freestanding walls.

Sign, window means a business name (i.e., John Doe Shoe Store) or other related service description (i.e., Shoe repair) applied to a storefront area window using either paint or water soluble marker. Such signs shall not exceed 50 percent of the total window area.

(c)

Exemptions. The following signs shall be allowed in any zoning district without the necessity of obtaining a sign permit. Noncompliance with the terms of this section shall cause such a sign to forfeit its exempt status and require the owner to follow the permit procedure set forth in this article. Owners or lessees of such signs shall ensure that exempt signs conform to all other applicable regulations, and the owners and lessees shall be responsible for the safe and proper erection and maintenance of such signs:

(1)

One sign not to exceed six square feet when identifying a residence.

(2)

A memorial sign or tablet, or a sign not exceeding two square feet indicating the name of a building or the date of its erection.

(3)

Bulletin boards for public or religious institutions when located on the property thereof, provided that such signs do not exceed 15 square feet and bear no commercial advertising.

(4)

Pennants, spinners, streamers, banners, mobile signs and decorative flags when associated with events of religious, public or charitable organizations or new business openings for a period not to exceed 21 days. Such advertising device may be located off premises provided it is erected and maintained in a safe and proper condition.

(5)

One sign customary and necessary in the offering of real estate for sale or to let by the owner or the owner's licensed broker or agent, which shall not exceed six square feet in residential zones or 20 square feet in nonresidential zones. Signs indicating the property has been sold must be removed within two weeks after the sale is closed.

(6)

Construction or contractor signs where there is only one per location identifying the project, the building and subcontractors, not exceeding 32 square feet in area.

(7)

Development/subdivision signs, one wall-mounted or freestanding sign, erected at the development/subdivision entrance. The sign shall not exceed 15 square feet.

(8)

Signs erected by or on behalf of the United States of America, this state or the town pursuant to and in the discharge of any governmental function or required by any law, ordinance or governmental regulation (including state permit notice signs such RIDEM, RIDOT etc.).

(9)

Non-permanent political and pre-election signs.

(10)

The following signs customary and necessary to the operation of filling and service stations:

a.

Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing" or words of similar import, provided that there shall not be more than one such sign over each entrance and that the letters shall not exceed ten inches in height.

b.

Lettering or other insignia which is a structural part of a gasoline pump or lighting fixture consisting only of a brand name, lead-warning sign and other signs as required by law.

c.

A credit card sign not exceeding two square feet in area, affixed to the building or a permanent sign structure.

d.

One sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, such sign not to exceed 30 square feet.

e.

All point of purchase materials or signs located no further than ten linear feet from the gasoline islands or ten linear feet from the physical structure.

(11)

Farm and home products for sale signs in residential zoning districts or properties used for residential purposes when up to 12 square feet in area, located on site, and which advertise the sale of farm, garden, nursery or home craft products grown, raised or produced on the premises.

(12)

Flags of all nations, states, counties, towns and cities when flown in compliance with the United States flag code.

(13)

One directory sign per shopping center or office building. Directory sign alterations may be made without application, provided changes are in keeping with the directory design and graphics.

(14)

The numerical street address provided the height of numbers does not exceed six inches and that the numbers are not internally illuminated.

(d)

Prohibited signs. The following signs shall not be permitted in any zoning district

(1)

Signs that incorporate any flashing or changing illumination or animation.

(2)

Any sign that constitutes a hazard to public safety, health or that impedes vision or access to or from public streets, sidewalks or other places or ingress or egress. This includes signs which, because of size, location, content or manner or illumination, obstruct the vision of a driver or detract from the effectiveness of traffic control devices.

(3)

Searchlights and inflatables.

(4)

Billboards.

(5)

Signs affixed to utility poles and trees.

(6)

Obsolete or unsafe signs.

(7)

Mobile signs.

(e)

Permit procedure.

(1)

Permit required. Any person intending to erect, relocate or alter any sign within the town shall, except as provided in this article, first obtain a sign permit from the office of the building official.

(2)

Application. Application for a sign permit shall be made on forms provided by the building official and shall contain or shall have attached all of the following information:

a.

A site plan which shall include the position of all existing and/or proposed signs, indicating the distance and relationship to all existing, proposed and/or adjoining structures or premises.

b.

A scaled drawing of each face of all existing and/or proposed signs.

c.

All size specifications, including the size of letters and graphics.

d.

Description of sign and frame materials and colors.

e.

Wall anchorage details.

f.

Foundation mounting assembly and/or footing details.

(3)

Description of indirect lighting proposed for the signage (i.e., fixture type) and its location on the property or building.

(4)

Review of applications. It shall be the duty of the building official, upon the receipt of a completed application for a sign permit, to forward such application for review and comment to those departments with the responsibility to do so and to examine such plans, specifications, other data, and if necessary visit the premises upon which the sign is to be located.

(f)

Nonconforming signs. Any sign existing and in compliance with a prior sign ordinance on the effective date of the ordinance from which this article derives, but not in compliance with the terms of this article, shall be considered a legal nonconforming sign. The owner shall be permitted to maintain and/or repair such a sign, provided that the sign shall not be enlarged or structurally altered in any way unless it conforms with this article.

Any change of use requires that any sign identifying the new use must comply with the provisions of this chapter and the previous sign must be removed.

(g)

Requirements by zone. For the purpose of this section, subsections (1) and (2), below, take precedence over the underlying zone district(s).

(1)

Route 102 overlay zone. Signs shall be constructed of either wood or field stone and indirectly illuminated. Signs shall not exceed 40 square feet in area and be limited to ten feet in height. Monument signs are strongly encouraged within the Route 102 overlay zone. Only signs may be allowed within the protected 50-foot forested buffer per the Route 102 overlay zone.

Shopping centers and office buildings, individual signs and directory signs shall be coordinated as to location, color, material composition and design.

(2)

VPD/LDP overlay zone. Signs shall be either constructed of wood or wood composite material. Projecting signs and or window signs may be allowed in mixed-use buildings within the VPD/LDP overlay zone. Projecting signs shall not exceed 15 square feet in area.

(3)

Commercial and industrial districts. Signs shall be either constructed of wood, hardy board (hardiplank), or wood composite material and may be indirectly illuminated. Projecting signs and or window signs may be allowed in mixed-use buildings and shall not exceed 15 square feet in area. Projecting signs shall be a minimum of eight feet above sidewalk in zero set back situations.

Shopping centers, plazas and office buildings, individual signs and directory signs shall be coordinated as to location, color, material composition and design.

(4)

Residential zone districts. Signs shall not exceed 15 square feet in area and be limited to ten feet in height. Trees shall not be used as a means to secure or support signs. Sign lighting shall be indirect, only, and shall be shielded such that the light is not directed toward adjacent properties.

(Ord. of 5-26-04(2); Ord. of 2-26-2025(3))

(a)

Accessory dwelling unit (ADU).

(1)

Purpose. The intent and purpose of this section is to allow the creation of independent and quasi-independent living spaces that provide accommodations for additional family members or other tenants.

Nothing in this section shall infringe upon the right of an individual to add living space to a home in accordance with existing regulations and codes.

(2)

Standards. An (ADU) may be permitted, by right, in any residential zoning district with the following limitations:

a.

Accessory dwelling units are only allowed on a lot with one single-family or multi- family dwelling as the principal dwelling and must be clearly subordinate to that principal dwelling. The ADU shall be limited to no more than 900 square feet of building area or 60 percent of the floor area of the principal dwelling (whichever is less) for a studio or one-bedroom unit or no more than 1,200 square feet of building area or 60 percent of the floor area of the principal dwelling (whichever is less) for a two-bedroom unit. In the case a of multi-family dwelling, the ADU shall be no more than ⅔ the size of the largest individual unit.

b.

Only one ADU may be allowed per lot, either within or attached to the principal dwelling or located in a new or existing accessory structure. Said accessory structure must meet all other dimensional requirements.

c.

Units located within or attached to the principal dwelling may be accessible either through the same means of ingress and egress as the principal dwelling or a separate entrance located to the side or the rear.

d.

Either the principal dwelling or the ADU must be owner occupied, except that in the following circumstances, both the principal dwelling and the ADU may be renter occupied:

1.

On a lot with a total lot area of 20,000 square feet or more for which the primary use is residential.

2.

Where the proposed ADU is located within the existing footprint of the principal dwelling or existing accessory attached or detached structure and does not expand the footprint of the structure.

e.

At least one off-street parking space will be provided per ADU bedroom in addition to the required parking spaces of the principal dwelling.

f.

Accessory dwelling units located within or attached to the principal dwelling will meet all the requirements of article IV, zoning district dimensional regulations, as they pertain to the principal dwelling.

g.

Accessory dwelling units located in a new or existing accessory structure will meet all the requirements of article IV, zoning district dimensional regulations, including all applicable requirements for accessory structures in section 30-111, table of dimensional regulations, and section 30-112(3), yard exceptions. Except that, in no case can an ADU be located in the front yard. However, only where an ADU is proposed to be located on the second floor of an accessory structure such as a garage or workshop, the maximum height of the accessory structure may be increased from 15 feet to 25 feet.

h.

The ADU will comply with all applicable state and local regulations.

i.

Length of occupancy. All ADUs must be made available for long-term occupancy whether for a family member or through a long-term lease (one-year or more) with a tenant. ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in G.L. 1956 § 42-63.1-2.

j.

For applications for new primary dwelling units or subdivisions, any proposed ADU shall not be counted toward the density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

k.

Special use permit. A request for an ADU which does not comply with the above conditions may be allowed by the zoning board of review subject to the issuance of a special use permit that takes into consideration a recommendation by the planning board. However, zoning relief shall not be required for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity. Further, an application for an ADU which is not allowed by right under this section, shall not, by itself, be reviewed as a minor land development or major land development project.

(Ord. of 10-22-97; Ord. of 3-22-2023 (1); Ord. of 2-26-2025(2))

(a)

Standards and requirements.

(1)

A single dwelling unit in a commercial building may be allowed as of right in a village commercial or a general commercial district subject to the provisions hereinafter set forth.

(2)

Multiple dwelling units in a village commercial or a general commercial district may be allowed subject to a special use permit in accordance with the following conditions:

a.

Parking. The applicant must demonstrate to the proper authority that the property housing the dwelling unit(s), or property under the control of the applicant by ownership or lease for a period of at least ten years, can provide off street parking as follows. Failure to maintain the required parking spaces may result in revocation of the occupancy permit for the residential units.

1.

For a residential unit of less than 800 square feet, one parking space per unit.

2.

For residential units in excess of 800 square feet two parking spaces per unit.

b.

Density limitations. The square footage devoted to residential units shall not exceed three times the area devoted to a commercial use.

c.

Health and public safety. The zoning board or in the case of a single residential unit the building official may consider the present commercial use of the building in determining the suitability for additional use as a residence. The zoning board or the building official may require as a condition of granting the residential use that the commercial use(s) may not change without the prior approval of the building official. Any such restriction shall be recorded in the land evidence records. The zoning board may accept written or oral testimony from the building official or fire marshal regarding access, light and air, and other relevant issues.

d.

Dimensional regulation. The dimensional regulations set forth in section 30-111, table of dimensional regulations, shall apply where feasible on existing buildings and are required on all new construction subject to a dimensional variance granted by the zoning board of review.

(Ord. of 2-11-98)

A halfway house shall be allowed by special use permit in only residential and farming districts with the following restrictions, in addition to meeting the general standards as set forth in subsection 30-34(e)(4):

(1)

A halfway house shall be limited to no more than eight residents and any support staff.

(2)

There shall be a maximum of one halfway house per lot as defined in this chapter regardless of lot size or the number of structures on a lot.

(3)

No halfway house shall be located within 3,000 linear feet of another halfway house, a residential treatment facility, a community residence, a private or public school, nursing home, or an elderly-housing complex.

(Ord. of 4-12-00)

A residential treatment facility shall be allowed by special use permit in only residential and fanning districts with the following restrictions, in addition to meeting the general standards as set forth in subsection 30-34(e)(4).

(1)

The residential treatment facility shall be limited to no more than eight residents and support staff.

(2)

There shall be a maximum of one residential treatment facility per lot as defined herein in this chapter regardless of lot size or the number of structures on a lot.

(3)

No residential treatment facility shall be located within 3,000 linear feet of another residential facility, a halfway house, a community residence, a private or public school, or a nursing home or elderly-housing complex.

(Ord. of 4-12-00; Ord. of 4-26-00)

(a)

Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (G.L. 1956, § 21-28.6-1 et seq.) The town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.

(b)

Patient cultivation. Patient cultivation shall be permitted in all zoning districts in the Town of Burrillville.

(1)

The patient cardholder shall comply with all building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27.100.01 et seq.

(2)

Possession limits: Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Statutes.

(c)

Primary caregiver cultivation. Primary caregiver cultivation shall only be permitted in commercial and industrial zoning. Additionally, primary caregiver cultivation shall not be allowed unless each of the following criteria has been met:

(1)

If the primary caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide notarized affidavit of approval of the proposed use prior to review and approval by the town.

(2)

The primary caregiver cardholder shall apply for the appropriate approvals and inspections of the local fire chief or state fire marshall or their designee. The local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq. All permits applied for in furtherance of the application shall be sealed and kept confidential by the local fire chief and shall not be subject to review by any party other than the cardholder.

(3)

The primary caregiver cardholder shall apply for a zoning certificate and the primary caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.

(4)

A property containing medical marijuana, and cultivated by a primary caregiver, shall not be located closer than 500 feet to any house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate. The distance cited in this subsection shall be measured by a straight line between the structure of the proposed site for the registered cardholder and the structure of the site or the use listed above at their closest points.

(5)

Notwithstanding subsection (c), no primary caregiver cultivation shall be permitted on any property located within a redevelopment area or a redevelopment district designated pursuant to this Code.

(6)

In addition to the requirements above, the primary caregiver cardholder shall demonstrate to the building official that the following requirements have been met.

a.

That the area used for growing be secured by locked doors;

b.

That the area used for growing has two means of egress;

c.

That the area used for growing shall not be within ten feet of a heating or other ignition source such as an electric, propane, natural gas or oil;

d.

That the area used for growing shall have proper ventilation to mitigate the risk of mold;

e.

That the area used for growing shall have carbon filters installed to reduce odors;

f.

That a monitored fire alarm system with hard-wired smoke detectors is installed on the premises in accordance with state fire code and/or to the satisfaction of the local fire chief.

(7)

Possession limits.

(d)

Cooperative cultivation.

(1)

Residential cooperative cultivation, as defined under this chapter, shall be prohibited in all zoning districts.

(2)

Non-residential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zoning districts and in the general commercial zone and only upon the issuance of a special use permit by the Burrillville Zoning Board of Review in accordance with section 30-34(e) of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

a.

A cardholder shall only cooperatively cultivate in one location;

b.

No single location shall have more than one cooperative cultivation. For the purpose of this section, location means one structural building, not units within a structural building;

c.

The cooperative cultivation shall not be visible from the street or other public areas;

d.

A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, and shall be prominently displayed on the premises;

e.

The property owner shall apply for the appropriate approvals and inspections of the local fire chief or the state fire marshall or their designee; the local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq.

f.

If the cooperative cultivation does not own the subject property, the application shall include notarized affidavit of approval of the owner(s) of the subject property;

g.

The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.

h.

A non-residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes;

i.

The location of the cooperative cultivation must be reported to the division of state police by the applicant for the special use permit.

j.

Notwithstanding subsection (d)(2):

1.

[(i)] A property containing medical marijuana, and cultivated by a non-residential caregiver cooperative, shall not be located closer to than 500 feet to any house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or (ii) other location where groups of minors regularly congregate. The distance cited in this subsection shall be measured by a straight line between the structure of the proposed site for the registered cardholder and the structure of the site or the use listed above at their closest points.

2.

No caregiver cultivation shall be permitted on any property located within a redevelopment area or a redevelopment district designated pursuant to this Code.

(3)

In addition to the requirements above, the non-residential cooperative cultivation shall demonstrate to the building official that the following requirements have been met.

a.

That the area used for growing be secured by locked doors;

b.

That the area used for growing has two means of egress;

c.

That the area used for growing shall not be within ten feet of a heating or other ignition source such as an electric, propane, natural gas or oil;

d.

That the area used for growing shall have proper ventilation to mitigate the risk of mold;

e.

That the area used for growing shall have carbon filters installed to reduce odors;

f.

That a monitored fire alarm system with hard-wired smoke detectors is installed on the premises in accordance with state fire code and/or to the satisfaction of the local fire chief.

(4)

Possession limits.

(e)

Compassion centers. Compassion center uses, as established under G.L. 1956, § 21-28.6-1 et seq., shall be prohibited in all zoning districts except in the general commercial and industrial zones and only upon the grant of a special use permit by the Burrillville Zoning Board of Review in accordance with section 30-34(e) of this chapter. No use permitted under this subsection shall be established prior to submission and approval of a special use permit by the zoning board of review with the technical advice of the zoning official. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

(1)

The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.

(2)

The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.

(3)

Findings.

a.

That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;

b.

That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate;

c.

That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and

d.

That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

e.

Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local fire chief or the state fire marshall or their designee. The local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq.

f.

Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the state building code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.

(4)

Location.

a.

All uses granted under subsection (e), compassion centers, shall not be located within:

1.

One thousand feet of the nearest residential zoning district, and lot line of a residence which is a nonconforming use in a non-residential zone in existence as of the effective date of this section; or

2.

One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate; or

3.

Two thousand feet of any other compassion center or non-residential cooperative cultivation site; or

4.

One thousand feet of any of the Burrillville town lines.

b.

The distances specified in this subsection shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.

(5)

Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of no earlier than 7:00 a.m. and no later than 8:00 p.m.

(6)

Lighting.

a.

Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking facilities, the compassion center's front façade, and any adjoining public sidewalk.

b.

Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.

(7)

Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system, monitored intruder alarm system and security alarm system.

(8)

Parking. All uses permitted under this subsection shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.

(9)

Signage and advertising.

a.

All signage and advertising for a compassion center shall comply with all applicable provisions of this Code.

b.

In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.

(10)

Possession limits.

(f)

Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

(g)

Enforcement.

(1)

Any person or organization found to be in violation of this article shall be subject to enforcement in accordance with section 30-32 of this chapter and subject to violations and penalties as provided in chapter 1, section 1-6, general penalty; continuing violations.

(2)

All unpermitted pre-existing cultivation shall be required to comply with this section.

(3)

All use permitted under this article shall comply fully with all licensing requirements of the town and laws of the State of Rhode Island.

(h)

[Documentation confidential.] Unless otherwise provided herein, all documentation, including but not limited to applications, approvals and permits in furtherance of any application by a cardholder, caregiver, residential or non-residential cooperative shall be sealed and kept confidential by the building official and shall not be subject to review by any party other than the cardholder(s).

(i)

[Declared invalid or unenforceable.] In the event that any of the terms or provisions of this act are declared invalid or unenforceable by any court of competent jurisdiction having jurisdiction over the subject matter of this act, the remaining terms and provisions that are not affected thereby shall remain in full force and effect.

(Ord. of 12-13-2017)

(a)

Purpose. The purpose of this section is to set standards which would allow for breweries, brewpubs, wineries, distilleries and farm wineries within the Town of Burrillville in accordance with G.L. 1956, § 3-6, and Department of Business Regulation, Commercial Licensing Regulations as applicable. These provisions establish the framework which will allow the town to locate and review applications for breweries, brewpubs, wineries, distilleries and farm wineries.

(b)

Definitions.

Brewery. An establishment where beer or malt beverages are made on the premises. A manufacturers license to make alcoholic beverages under G.L. 1956, § 3-6-1 as amended shall be required and such establishments must meet all local zoning, including but not limited to dimensional and parking regulations.

Brewpubs. An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar, and where 40 percent or more of the product made on site is sold on site. Brewpubs may distribute to off-site accounts or sell beer to take away in accordance with state law. A manufacturer's license to make alcoholic beverages under G.L. shall be required and such establishments must meet all local and state zoning and licensing requirements.

Distilleries. An establishment or facility that manufactures intoxicating liquor on the premises and has been issued a manufacturer's license under applicable G.L. 1956, § 3-6-1.

Farm brewery. An establishment located on a farm-zoned property of no less than five acres that produces beer or other malt beverages manufactured with at least one primary ingredient (hops or grains) grown on premises and whose annual production does not exceed150,000 gallons of beer or malt beverage. A farm brewery must have all appropriate state licenses and may sell beer at wholesale to retailers consistent with said licenses. Direct sales to on-site consumers for consumption on or off site shall be in accordance with state law.

Tasting room. A tasting room is a part of a winery or brewery, located on the premises of the winery or brewery's production facilities, at which guests may sample the winery or brewery's products.

Wineries. An establishment or facility that produces or manufactures and bottles wine on the premises for sale and to wholesalers and has applicable license issued under G.L. 1956, § 3-6.

Farmer-wineries. A plant or premises located on property in a farming zone, where wine is produced, rectified, blended or fortified from fruits, flowers, herbs, or vegetables, that shall produce wine or winery products grown on the premises for sale as defined by G.L. 1956, § 3-6-1.1, as amended and shall be required to meet all local and state licensing and zoning requirements.

(c)

General requirements.

(1)

All projects shall be subject to development plan review, section 30-201 and the Burrillville Development Plan Review Regulations, which, at a minimum must address:

a.

Parking.

b.

Signage.

c.

Access-egress.

d.

Appropriate storage and handling-disposal of used materials.

e.

Hours of operation.

f.

Deliveries.

g.

Loading areas.

h.

Lighting.

i.

Noise.

(2)

Breweries, brewpubs, wineries, distilleries and farm wineries owners shall be required to apply to the town council for all applicable licenses including but not limited to victualing and entertainment licenses.

(d)

Required documents:

(1)

Licensing from the state department of business regulations (DBR).

(2)

RI department of environmental management (DEM) onsite wastewater treatment systems (OWTS) approval, as applicable.

(3)

A detailed site plan showing the premises, the interior and exterior and the parking areas. Location and description of tasting room if one is proposed.

(4)

A description and/or rendering of the architecture to be used.

(e)

Standards for approval:

(1)

Does not negatively impact (detract from) neighboring properties.

(2)

Is in keeping with the existing uses of the area.

(3)

Is not inconsistent with the comprehensive plan.

(Ord. of 4-11-2018)

Editor's note— Ord. No. 12-13-2023(2), adopted Dec. 13, 2023, repealed § 30-164, which pertained to inclusionary zoning and derived from Ord. of 12-8-2021(2).

(a)

Purpose. It is the intent of this section to regulate the cultivation and distribution of cannabis as allowed by the Rhode Island Cannabis Act (G.L. 1956, tit. 21, ch. 28.11). The town is dedicated to supporting the requirements of this Act consistent with the health, safety, and general welfare of the community at large.

(b)

Standards for all cannabis establishments.

(1)

Cannabis establishments shall be prohibited in all zoning districts except in all industrial zoning districts, as specified in section 30-71 and only upon the issuance of a special use permit by the Burrillville zoning board of review in accordance with section 30-34(e) of this chapter.

(2)

Pursuant to section 21-28.11-17.1(b)(3) of the Cannabis Act, the proposed cannabis establishment must not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades one through 12. This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis establishment is to be located to the nearest property line of the parcel on which the school is located. The applicant must show these distances on the site plan.

(3)

The proposed cannabis establishment shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security/alarm system.

(4)

The proposed cannabis establishment shall fully comply with all other licensing requirements of the town and laws of the state.

(c)

Standards for cannabis cultivator, cannabis product manufacturer, and cannabis testing laboratory. In addition to the standards above under section 30-165(b), special use permits for cannabis cultivators, cannabis product manufacturers, and cannabis testing laboratories shall not be granted unless each of the following standards have been met:

(1)

Cultivation, manufacturing, and testing activities shall not be visible from the street or other public areas;

(2)

The applicant shall apply for the appropriate inspections and provide documentation of approval by the local fire chief;

(3)

In addition to the requirements above, the applicant shall demonstrate to the building official that the following requirements have been met.

a.

That the area used for cultivation, manufacturing, and testing activities be secured by locked doors;

b.

That the area used for cultivation, manufacturing, and testing activities has two means of egress;

c.

That the area used for cultivation, manufacturing, and testing activities shall not be within ten feet of a heating or other ignition source such as an electric, propane, natural gas or oil;

d.

That the area used for cultivation, manufacturing, and testing activities shall have proper ventilation to mitigate the risk of mold;

e.

That the area used for cultivation, manufacturing, and testing activities shall have carbon filters installed to reduce odors;

f.

That a monitored fire alarm system with hard-wired smoke detectors is installed on the premises in accordance with state fire code and/or to the satisfaction of the local fire chief.

(d)

Enforcement.

(1)

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with section 30-32 of this chapter and subject to violations and penalties as provided in chapter 1, section 1-6, general penalty; continuing violations.

(2)

All unpermitted pre-existing cultivation shall be required to comply with this section or else seek status as a medical marijuana cultivator and comply with section 30-162.

(Ord. of 03-22-2023 (3))