GENERAL PROVISIONS
The zones and regulations set forth in this ordinance are made in accordance with the comprehensive plan for the following purposes:
(A)
Promote the public health, safety, and general welfare.
(B)
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)
Provide for orderly growth and development which recognizes:
(1)
The goals and patterns of land use contained in the comprehensive plan of the city adopted pursuant to chapter 45-22.2 of the general laws of Rhode Island [G.L. 1956, § 45-22.2-1 et seq.];
(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 coastal and freshwater ponds, the shoreline, 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 and balance urban and suburban development; and,
(7)
The use of innovative development regulations and techniques.
(D)
Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
(E)
Provide for the protection of the natural, historic, cultural, and scenic character of the city or areas therein.
(F)
Provide for the preservation and promotion of open space.
(G)
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)
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.
(I)
Promote safety from fire, flood, and other natural or manmade disasters.
(J)
Promote a high level of quality in design in the development of private and public facilities.
(K)
Promote implementation of the comprehensive plan of the city.
(L)
Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies.
(M)
Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.
(N)
Provide for procedures for the administration of this ordinance, including but not limited to variances and special use permits.
State Law reference— Similar provisions, G.L. 1956, § 45-24-30; required provisions, G.L. 1956, § 45-24-32(1).
For the purpose of this Ordinance, the City is divided into zoning districts designated and described as follows:
101.1. Residential zoning districts.
R-1 one-household district. This zone is intended for low density residential areas comprising single dwelling unit detached structures located on lots with a minimum land area of 5,000 sq. ft.
R-2 two-household district. This zone is intended for medium density residential areas comprising single dwelling unit and two-dwelling unit detached structures located on lots with a minimum land area of 5,000 sq. ft.
R-3 multi-household dwelling district. This zone is intended for medium density residential areas comprised of structures containing single dwelling units, two-dwelling units and multiple-dwelling units located on lots with a minimum land area of 5,000 sq. ft. and a minimum land area of 2,000 sq. ft. per dwelling unit.
101.2 - Commercial zoning districts.
C-1 limited commercial district. This zone is intended for neighborhood commercial areas that primarily serve local neighborhood needs for convenience retail, services and professional office establishments.
C-2 general commercial district. This zone is intended for commercial areas that serve citywide needs for retail, services and professional office establishments.
C-D commercial-downtown district. This zone is intended to encourage revitalization and restoration of core business areas in the city. A variety of business, financial, institutional, public, quasi-public, cultural, residential (upper floors only) and other related uses are encouraged in the C-D district. Compatible and appropriate mixed uses are encouraged to promote commercial, retail and other business activity including office uses.
101.3 - Industrial zoning districts.
M-1 industrial district. This zone is intended for general industrial uses that accommodate a variety of manufacturing, assembly, storage of durable goods and related activities, provided that they do not pose toxic, explosive or environmental hazard in the city.
M-2 heavy industrial district. This zone is intended to provide for areas for heavy industrial uses, especially for those uses that are potentially hazardous, noxious or incompatible with the uses in any other zone.
101.4 - Overlay zoning districts.
These are districts that are superimposed on existing zoning district(s) or part of a district and which impose specified requirements in addition to those otherwise applicable and/or allow alternate uses.
HD historic district. This overlay zone is intended to preserve structures of historic and architectural value by regulating the construction, alteration, repair, moving and demolition of such structures. This overlay zone may include single buildings and/or lots.
MBRD mill building re-use district This overlay zone allows the development of obsolete industrial sites according to a plan for mixed use.
OMUSOD Osram mixed-use special overlay district. In addition to and in furtherance of the purposes of the MBRD overlay zone, this overlay zone is meant to further promote redevelopment of existing and obsolete industrial mill structures located within this new OMUSOD overlay zone. The OMUSOD will encompass the improved properties located within an area bounded, northerly, by Division Street, then, easterly, by the railroad tracks, then, southerly, by Blackstone Street, and then, westerly, by Broad Street. The official Zoning Map shall be amended to reflect this newly created overlay district.
101.5 - Open space zoning district.
P park district. This zone is intended to preserve open space recreation use and in certain instances public education uses.
CM cemetery. This zone is intended to retain cemetery land for its designated purposes.
101.6 - Conant Thread zoning district.
CT Conant Thread district. 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.
(Ord. of 10-16-2019(2), § 1; Ord. of 6-5-2024(1), § 1)
State Law reference— Districts generally, G.L. 1956, § 45-24-36.
The official zoning map of the city shall consist of an official zoning map in the office of the city clerk entitled "Central Falls Zoning Map," dated August 1, 2007, and shall depict all zoning districts and overlay zoning districts. The Central Falls Zoning Map shall constitute the official zoning map of the city and is hereby adopted and made part of this ordinance.
(Ord. of 10-16-2019(2), § 2)
State Law reference— Zoning map required, G.L. 1956, § 45-24-32(8).
Whenever the terms "R zone," "C zone," or "M zone" are used, they shall be deemed to refer to all zones containing the same letters in their names; e.g., C zones shall include C-1, C-2, and C-D zones.
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 of the planning division shall interpret said map according to the reasonable intent of this ordinance.
D)
Where the zone boundary divides a lot so that 50 percent or more of its frontage is on a street in a more restrictive zone, the provisions of this ordinance relating to the more restrictive zone shall be extended to the entire lot.
E)
Where the zone boundary divides a lot so that more than 50 percent of its frontage is on a street in a less restrictive zone, the provisions of this ordinance relating to the less restrictive zone may be extended to the entire lot.
105.1. 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.
105.2. 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.
105.3. 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 ordinance, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this ordinance. The lot or yard areas of buildings existing at the time this ordinance became effective shall not be diminished below the requirements herein provided. The required yard area for a building shall not be included as a part of the required yard or parking area of any other building.
It shall be the duty of the building official to interpret and apply the provisions of this ordinance. Such interpretation and application shall be subject to appeal to the board [zoning board of review]. In interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.
This ordinance shall be consistent with the comprehensive plan of the city adopted pursuant to G.L. 1956, ch. 45-22.2, and in the instance of uncertainty in the construction or application of any section of this ordinance, this ordinance 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 plan.
GENERAL PROVISIONS
The zones and regulations set forth in this ordinance are made in accordance with the comprehensive plan for the following purposes:
(A)
Promote the public health, safety, and general welfare.
(B)
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)
Provide for orderly growth and development which recognizes:
(1)
The goals and patterns of land use contained in the comprehensive plan of the city adopted pursuant to chapter 45-22.2 of the general laws of Rhode Island [G.L. 1956, § 45-22.2-1 et seq.];
(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 coastal and freshwater ponds, the shoreline, 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 and balance urban and suburban development; and,
(7)
The use of innovative development regulations and techniques.
(D)
Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
(E)
Provide for the protection of the natural, historic, cultural, and scenic character of the city or areas therein.
(F)
Provide for the preservation and promotion of open space.
(G)
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)
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.
(I)
Promote safety from fire, flood, and other natural or manmade disasters.
(J)
Promote a high level of quality in design in the development of private and public facilities.
(K)
Promote implementation of the comprehensive plan of the city.
(L)
Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies.
(M)
Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.
(N)
Provide for procedures for the administration of this ordinance, including but not limited to variances and special use permits.
State Law reference— Similar provisions, G.L. 1956, § 45-24-30; required provisions, G.L. 1956, § 45-24-32(1).
For the purpose of this Ordinance, the City is divided into zoning districts designated and described as follows:
101.1. Residential zoning districts.
R-1 one-household district. This zone is intended for low density residential areas comprising single dwelling unit detached structures located on lots with a minimum land area of 5,000 sq. ft.
R-2 two-household district. This zone is intended for medium density residential areas comprising single dwelling unit and two-dwelling unit detached structures located on lots with a minimum land area of 5,000 sq. ft.
R-3 multi-household dwelling district. This zone is intended for medium density residential areas comprised of structures containing single dwelling units, two-dwelling units and multiple-dwelling units located on lots with a minimum land area of 5,000 sq. ft. and a minimum land area of 2,000 sq. ft. per dwelling unit.
101.2 - Commercial zoning districts.
C-1 limited commercial district. This zone is intended for neighborhood commercial areas that primarily serve local neighborhood needs for convenience retail, services and professional office establishments.
C-2 general commercial district. This zone is intended for commercial areas that serve citywide needs for retail, services and professional office establishments.
C-D commercial-downtown district. This zone is intended to encourage revitalization and restoration of core business areas in the city. A variety of business, financial, institutional, public, quasi-public, cultural, residential (upper floors only) and other related uses are encouraged in the C-D district. Compatible and appropriate mixed uses are encouraged to promote commercial, retail and other business activity including office uses.
101.3 - Industrial zoning districts.
M-1 industrial district. This zone is intended for general industrial uses that accommodate a variety of manufacturing, assembly, storage of durable goods and related activities, provided that they do not pose toxic, explosive or environmental hazard in the city.
M-2 heavy industrial district. This zone is intended to provide for areas for heavy industrial uses, especially for those uses that are potentially hazardous, noxious or incompatible with the uses in any other zone.
101.4 - Overlay zoning districts.
These are districts that are superimposed on existing zoning district(s) or part of a district and which impose specified requirements in addition to those otherwise applicable and/or allow alternate uses.
HD historic district. This overlay zone is intended to preserve structures of historic and architectural value by regulating the construction, alteration, repair, moving and demolition of such structures. This overlay zone may include single buildings and/or lots.
MBRD mill building re-use district This overlay zone allows the development of obsolete industrial sites according to a plan for mixed use.
OMUSOD Osram mixed-use special overlay district. In addition to and in furtherance of the purposes of the MBRD overlay zone, this overlay zone is meant to further promote redevelopment of existing and obsolete industrial mill structures located within this new OMUSOD overlay zone. The OMUSOD will encompass the improved properties located within an area bounded, northerly, by Division Street, then, easterly, by the railroad tracks, then, southerly, by Blackstone Street, and then, westerly, by Broad Street. The official Zoning Map shall be amended to reflect this newly created overlay district.
101.5 - Open space zoning district.
P park district. This zone is intended to preserve open space recreation use and in certain instances public education uses.
CM cemetery. This zone is intended to retain cemetery land for its designated purposes.
101.6 - Conant Thread zoning district.
CT Conant Thread district. 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.
(Ord. of 10-16-2019(2), § 1; Ord. of 6-5-2024(1), § 1)
State Law reference— Districts generally, G.L. 1956, § 45-24-36.
The official zoning map of the city shall consist of an official zoning map in the office of the city clerk entitled "Central Falls Zoning Map," dated August 1, 2007, and shall depict all zoning districts and overlay zoning districts. The Central Falls Zoning Map shall constitute the official zoning map of the city and is hereby adopted and made part of this ordinance.
(Ord. of 10-16-2019(2), § 2)
State Law reference— Zoning map required, G.L. 1956, § 45-24-32(8).
Whenever the terms "R zone," "C zone," or "M zone" are used, they shall be deemed to refer to all zones containing the same letters in their names; e.g., C zones shall include C-1, C-2, and C-D zones.
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 of the planning division shall interpret said map according to the reasonable intent of this ordinance.
D)
Where the zone boundary divides a lot so that 50 percent or more of its frontage is on a street in a more restrictive zone, the provisions of this ordinance relating to the more restrictive zone shall be extended to the entire lot.
E)
Where the zone boundary divides a lot so that more than 50 percent of its frontage is on a street in a less restrictive zone, the provisions of this ordinance relating to the less restrictive zone may be extended to the entire lot.
105.1. 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.
105.2. 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.
105.3. 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 ordinance, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this ordinance. The lot or yard areas of buildings existing at the time this ordinance became effective shall not be diminished below the requirements herein provided. The required yard area for a building shall not be included as a part of the required yard or parking area of any other building.
It shall be the duty of the building official to interpret and apply the provisions of this ordinance. Such interpretation and application shall be subject to appeal to the board [zoning board of review]. In interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.
This ordinance shall be consistent with the comprehensive plan of the city adopted pursuant to G.L. 1956, ch. 45-22.2, and in the instance of uncertainty in the construction or application of any section of this ordinance, this ordinance 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 plan.