Cumberland City Zoning Code
ARTICLE 6
Supplementary Regulations
§ 6-1 Purpose.
[Ord. No. 08-31, 10-7-2009]
The purpose of supplementary regulations is to set specific conditions and dimensional criteria for various uses or areas, where the general regulations are not applicable and to set specific standards for the granting of special use permits.
§ 6-2 Number of buildings on a lot.
[Ord. No. 08-31, 10-7-2009; amended 2-5-2025 by Ord. No. 24-26A]
Every building hereafter erected, and every use of land hereafter initiated, shall be located on a lot as herein defined in this appendix. There shall not be more than one main residential building and up to two accessory buildings on one lot, except in A and I zones where there may be more than two accessory buildings on a lot. Except as otherwise allowed in this appendix as part of a multifamily development, there shall not be more than one main or principal residential building on a single lot used for residential purposes, and there shall not be more than two accessory buildings, except in the A zones, where there may be more than two accessory buildings per lot. There shall be no limit on the number of buildings on a single lot used for commercial or industrial purposes, provided that the lot coverage and other dimensional requirements are met.
Notwithstanding the above paragraph, a Special Use Permit may be granted under Unified Development Review when the application meets the specific and objective criteria contained in § 18-3(w), which allows the subdivision of a single parcel of land containing multiple dwellings which are pre-existing and legally non-conforming so that each dwelling shall be contained on a single lot.
§ 6-3 Yard requirements.
[Ord. No. 08-31, 10-7-2009]
(a)
Apply to only one building. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this appendix shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.
(b)
Front yard requirements.
(1)
Through lots. For all zones, at each end of a through lot there shall be a front yard of the depth required by this appendix for the zone in which each street frontage is located, as shown in the illustration:
 |
(2)
Corner lots. All yards fronting on intersecting streets shall meet the required front yard setbacks, as shown in the illustration:
 |
(c)
Side yard requirements. For the purpose of side yard regulations, any dwellings which occupy a single lot but have a common party wall, shall be considered as one building.
(d)
Projections into yards.
(1)
Fire escape. A fire escape may extend or project into any required side or rear yard not more than four feet.
(2)
Open stairway, balcony or porch. An open, unenclosed stairway, balcony, porch, deck, platform or landing place, which, except for the roof, does not extend above the level of the first floor of the building may extend or project into any required front yard not more than six feet, and into any required side or rear yard six feet, but in no case closer than four feet to the side or rear lot line.
(3)
Handicapped access ramps. Handicapped access ramps may be located in any required front, side or rear yard.
§ 6-4 Corner setback.
[Ord. No. 08-31, 10-7-2009]
In any triangle formed by the street lines intersecting at an angle of 100° or less, there shall be a corner setback of and a third line joining points on the street lines 15 feet from the point of intersection, wherein no building or structures may be erected, no parking areas may be created and no vegetation or fencing may be maintained above the height of 3 1/2 feet above the plane of the curb grades. Notwithstanding the provisions of this section, poles not exceeding eight inches in outside diameter designed for the support of lights and signs may be erected in this triangle.
§ 6-5 Accessory uses in A and R Zones.
[Ord. No. 08-31, 10-7-2009; Ord. No. 12-15-A, § 1, 8-15-2012]
(a)
No accessory use, other than required off-street parking and an attached private garage, shall be located on any lot having an area of less than 6,000 square feet.
(b)
Accessory uses or any combination of such uses may be included in an accessory building of one or two stories, and no more than 20 feet in height, except for a barn used for agricultural purposes, which may be 45 feet in height.
(c)
No accessory building or structure shall be permitted between the front of a main structure and the street, other than a barn used for agricultural purposes, which nevertheless shall not intrude on the required front yard.
(d)
Within any A or R zone, where an existing principal structure on an adjacent or contiguous lot is less than 20 feet from any lot line, a principal or accessory structure shall not be located less than 10 feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is one story, or shall not be located less than 20 feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is two stories.
(e)
Where any side or rear yard abuts upon a public right-of-way, a garage accessible from the street shall not be erected within 18 feet of such public right-of-way.
(f)
A detached garage or shed shall maintain all required setbacks except as otherwise permitted below.
A detached garage or shed may be located within the required rear yard or side yard setback, but not less than six feet from any rear or side lot line, provided such structure is no more than 14 feet in height and no greater than 120 square feet in floor area. Provided, however, that the Building Official may grant a variance to permit the roof pitch to match the principal structure, after the immediate abutting property owners have been advised in writing by certified mail, return receipt requested, cost of same borne by the applicant, and have not objected within 10 calendar days after receipt of such notice.
(g)
The Building Official, may at his/her discretion, approve the location of a shed, not-to-exceed 120 square feet of gross floor space to be placed within the required side yard provided that such shed cannot be placed in compliance with these regulations due to dimensional or topographical conditions peculiar to the site, after the immediate abutting property owners have been advised in writing by certified mail, return receipt requested, cost of same borne by the applicant, and have not objected within 10 calendar days after receipt of such notice. Such permission shall be in writing and shall state the reasons therefore, and be signed by the Building Official.
(h)
A swimming pool may be located within the required rear yard, but not less than six feet from any rear or side lot line.
(i)
A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor-trailers is prohibited in A and R zones, except where such tractor-trailers are exclusively used for agricultural purposes in connection with such lot. Storage or parking of dump trucks, heavy construction equipment, with or without transporting vehicles, and box trucks with cargo sections 12 feet or more in length are prohibited in R zones, except on a transitory basis where such vehicles are used in conjunction with work performed on the premises.
(j)
No recreational vehicle shall be used for residential occupancy, except in cases where the residential structure has been destroyed by fire or other act of nature, and, in such case, for no more than one year or until the residential structure is rebuilt, whichever comes first. No recreational vehicle shall be stored for a period in excess of one year unless it is registered and inspected under state law and is in a condition for safe and effective performance of the function for which it is intended.
§ 6-6 Accessory living units.
[Ord. No. 08-31, 10-7-2009; amended 4-7-2021 by Ord. No. 21-01A]
(a)
Accessory family dwelling units (AFDU). Notwithstanding any other provision of this appendix, an accessory family dwelling unit in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation for family members with disabilities or who are 62 years of age or older, or to accommodate other family members. The appearance of the structure shall remain that of a single-family residence and there shall be an internal means of egress between the principal unit and the accessory family dwelling unit. If possible, no additional exterior entrances should be added. Where an additional entrance is required, placement should generally be in the rear or side of the structure. When the structure is serviced by an individual sewage disposal system, the applicant shall have the existing or any new system approved by the Department of Environmental Management. The Zoning Enforcement Officer shall require that a declaration of the accessory family dwelling unit for the family member, or members, and its restrictions be recorded in the land evidence records and filed with the Zoning Enforcement Officer and the Building Official. Once the family members with disabilities or who are 62 years of age or older, or any other family member, no longer reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall notify the Zoning Official in writing, and the accessory family dwelling unit shall no longer be permitted, unless there is a subsequent, valid application.
(b)
Accessory dwelling units (ADU). An accessory dwelling unit shall be permitted as a reasonable accommodation for family members with disabilities or who are 62 years of age or older, or to accommodate other family members. ADUs may be located within an existing accessory structure, such as a garage or shed, and meet the following conditions:
(1)
An ADU must be accessory to a single-family residence;
(2)
The owner of the property must reside in either the principal dwelling or the ADU;
(3)
The ADU must have separate cooking and sanitary facilities and be a complete, separate housekeeping unit;
(4)
Only one ADU shall be permitted on a lot;
(5)
All utilities for the ADU must be shared with the principal dwelling;
(6)
The minimum number of off-street parking spaces required for an ADU is one;
(7)
The ADU cannot contain more than two bedrooms as defined by the R.I. Department of Environmental Management, Office of Individual Sewerage Disposal Systems (ISDS);
(8)
The size of the ADU may be no more than 50% of the living area of the principal dwelling unit or 800 square feet of living area, whichever is less;
(9)
The ADU shall meet all the dimensional requirements of Article 5 of this appendix;
(10)
For ADUs not connected to the Town sewer system, a system suitability determination from the Rhode Island Department of Environmental Management, ISDS Office, shall be required;
(11)
The Zoning Enforcement Officer shall require that a declaration of the accessory dwelling unit for the family member, or members, and its restrictions be recorded in the land evidence records and filed with the Zoning Enforcement Officer and the Building Official. Once the family members with disabilities or who are 62 years of age or older, or any other family member, no longer reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall notify the Zoning Official in writing, and the accessory family dwelling unit shall no longer be permitted, unless there is a subsequent, valid application.
§ 6-7 Home occupations.
[Ord. No. 08-31, 10-7-2009]
Home occupations may include, but are not necessarily limited to: professional office, such as that for an accountant, attorney, engineer or other such person licensed by law or certified by a recognized professional society; artist work studio; individual instruction or tutoring; tailoring; telephone sales work; personal service (not including hair salon) or similar activity in which goods, wares or merchandise are not commercially sold at retail. In addition, home occupations:
(a)
Shall be operated entirely within a principal dwelling unit or accessory building;
(b)
Shall be operated only by the person or persons residing within the dwelling unit, with not more than one employee or regular assistant not residing in the dwelling unit; and
(c)
Shall utilize not more than 20% of the GFA in the dwelling unit or not more than 300 square feet whichever is less;
(d)
Shall have no exterior evidence of the activity such as artificial lighting, advertisements, displays or the exterior storage of materials; and
(e)
Shall not create a nuisance to neighboring dwellings or result in a substantial increase in traffic.
§ 6-8 Animals in residential zones.
[Ord. No. 08-31, 10-7-2009]
Within the R-1 and R-2 zones, animals for personal use are allowed as follows:
(a)
For each 25,000 square feet of land one horse may be kept provided that it is stabled.
(b)
A maximum of five birds, fowl or other animals may be kept for each single-family dwelling unit provided that no roosters shall be kept, and provided that such allowable livestock are housed and that any building and/or enclosures which house such livestock be located no less than 25 feet from the property line. Properties containing more than one residential unit do not qualify under this provision.
§ 6-9 Buffer requirements when C or I Zones abut A, OS or R Zones.
[Ord. No. 08-31, 10-7-2009; amended 9-3-2025 by Ord. No. 25-18]
(a)
Commercial zone buffers. Any building, structure or use on a lot in a C or I zone that abuts an A, OS or R zone shall have a buffer extending from the property line of the abutting A, OS or R zone according to the following schedule. The buffer shall provide a year-round opaque screen of not less than six feet in height to minimize adverse impacts and to limit views and sounds. The buffer shall be a mixture of ground cover, understory vegetation and canopy trees, evergreens, berms, walls and/or fences to adequately screen the commercial building or use. The required width of the buffer on the lot in the C zone shall be as follows:
R-2 and R-3 | R-1, A-1 and A-2 | ||
|---|---|---|---|
C-1 | 20 feet | 40 feet | |
C-2 | 40 feet | 50 feet |
(b)
Industrial zone buffers. Any building or structure on a lot in an I zone that abuts an A, OS or R zone shall have a buffer area of 75 feet from the property line of the abutting A, OS or R zones, and any outdoor operation, such as mining or quarry operation, shall have a buffer area of 150 feet from the property line of the abutting A, OS or R zones. The buffer shall consist of natural or planted vegetation and be enhanced with solid board fencing where required to adequately screen the industrial building or use.
§ 6-10 Screening and fencing.
[Ord. No. 08-31, 10-7-2009]
(a)
Screening of trash containers. All commercial and industrial uses, and residential uses of four households or more, shall provide trash and/or garbage collection areas enclosed on at least three sides by a solid wall, opaque fence or compact planting screen of at least five feet in height, if such area is not within an enclosed building or structure. In order to provide adequate vehicular access to and from dumpsters, there shall be a minimum clearance of nine feet between any such dumpster and any principal structure.
(b)
Screening of on ground utilities. Utility structures, substations, telephone exchange substations, dish antennae and similar uses shall be enclosed on at least three sides by a vegetative screen of hardy evergreens or shrubs at least three feet high at time of planting and which shall be sufficient to effectively provide a visual screen from adjacent A and R zones.
(c)
Fences. In A and R zones, fences shall not exceed four feet in height in any front yard nor shall they exceed six feet in height for other yards.
§ 6-11 Outdoor display of merchandise (other than vehicles and boats). [1]
[Ord. No. 08-31, 10-7-2009]
Except in A and R zones, outdoor display of merchandise (other than vehicles and boats) is permitted up to 10% of the gross floor area of a commercial establishment. Such outdoor display shall be located on the same lot as the main use or may be located on the adjoining municipal sidewalk only with the appropriate municipal permits and/or licenses. No additional parking shall be required for such additional area, provided existing parking is not reduced. The goods displayed shall be removed at the end of each business day. Outdoor display of vehicles and boats shall be permitted where the underlying use is permitted, provided that all other dimensional requirements of this appendix are met.
[1]
Editor's Note: Former § 6-11, Requirements for automobile service stations, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(d), Requirements for specific categories of special use.
§ 6-12 Stormwater basins. [1]
[Added 12-16-2021 by Ord. No. 21-29-A]
A stormwater basin shall mean any man-made aboveground area, which is typically constructed of earth, to temporarily collect and store stormwater for purposes of temporary detention and/or retention so as to control peak surface run-off and allow for the gradual absorption or release of the stored water at controlled rates. Stormwater basins are often referred to as detention or retention ponds for this reason.
(a)
Scope. When a landowner or developer has demonstrated to the Town that property cannot be developed without an aboveground stormwater basin, the basin shall be subject to the provisions of this section.
(b)
Purpose. This section is established to:
(c)
Applicability. This section shall apply to all land in the Town.
(d)
Penalty. Any person who shall violate any of the provisions of this section or fail to comply with this section or with any of the requirements of this section or who shall build or alter any stormwater basin in violation of any detailed statement or plan submitted and approved under this section, upon conviction thereof, shall be punished in accordance with § 17-5.
(e)
Specifications.
(1)
All designs of stormwater basins shall be approved by the Department of Public Works.
(2)
All stormwater basins shall be designed to control a 100-year storm.
(3)
All stormwater basins shall not exceed a maximum wet depth of 42 inches.
(4)
Each stormwater basin shall be enclosed with a four-foot-high, black vinyl-coated chain-link fence, which shall have an eight-foot-wide swing gate, to allow for maintenance of the stormwater basin. The fence shall be placed a minimum of 10 feet from the edge of the berm or embankment of the stormwater basin. Whereupon a physical condition or obstruction prohibits the installation of the fencing at the minimum ten-foot offset dimension, the fencing shall be installed at a location determined to be a suitable distance away from the edge of the berm or embankment, as approved by the Director.
(5)
All stormwater basins shall have a twenty-five-foot buffer area between existing property lines and the edge of the stormwater basin, which may not include buildings or structures, but may include vegetation as may be approved by the Planning Board or Director, as the case may be.
(6)
Land area required to establish a stormwater basin shall not be used in calculating the minimum lot size required by the Zoning Ordinance.
(7)
Upon Town approval of a stormwater basin, the owners of property or, in the case of a subdivision that includes a homeowners association, where a stormwater basin is to be constructed shall place on file with the deed to the property a copy of the stormwater basin operation and maintenance plan. The operation and maintenance plan shall address periodic inspections, sediment removal, vegetation maintenance, mowing requirements, and any other information required by the Planning Board or Director, as the case may be. This filing shall take place prior to the construction of the stormwater basin and prior to the transfer of title to this property.
(8)
The design and installation of all stormwater basins shall comply with the latest version of RIDEM's Rhode Island Stormwater Design and Installation Standards Manual.
(f)
Liability.
(1)
The legal liability for and maintenance of a stormwater basin shall be the sole responsibility of the landowner or homeowners association.
(2)
The landowner or homeowners association shall have an inspection of the stormwater basin performed by a professional engineer every three years to ensure maintenance and proper function of the stormwater basin. Records of inspections shall be kept on file with the landowner with a copy provided to the department of public works.
(3)
Stormwater basins not properly maintained shall be subject to corrective action by the Town, the costs of which shall be imposed as a lien on the property or properties within the homeowners association.
(g)
Obligation to disclose.
(1)
The developer, subdivider, or owner of property within the Town who shall develop or subdivide property within the Town in such a manner so as to qualify under the provisions of this article and who shall transfer, lease, or otherwise convey any portion of such property upon which is constructed a stormwater basin to any person, partnership, corporation, holding company or other personal or business entity, shall be obliged to inform such person, partnership, corporation, holding company or other personal or business entity to which such property is transfer of the existence thereupon of a stormwater basin governed by the provisions of this article and the obligations and liabilities hereinunder. Similarly, any subsequent owner of the property has the same obligation to disclose under the provisions of this article to any subsequent grantee.
(2)
Compliance with such obligation to inform shall be in the form of a written description of the legal status of the stormwater basin by assessor's plat and lot; the obligations which are being assumed by the purchaser or grantee thereof, especially § 6-16(f), liability, hereof; and shall contain the witnessed or notarized signatures of the grantor and the grantee.
(3)
A copy of such document shall be conveyed to the Director of Public Works of the Town of Cumberland, Rhode Island by the grantor. The Director of Public Works shall file a copy of such document in the Land Evidence Records of the Town of Cumberland, Rhode Island, which filing shall constitute a lien against the property for title examination purposes.
(4)
Failure to comply with this provision shall be punishable by a fine of up to $100 per day for each consecutive individual day beyond the date of the transfer of a property containing a stormwater basin subject to this section, or, such other subsequent penalty, which may be imposed by the municipal court of the Town of Cumberland, Rhode Island.
(h)
Waiver or modification.
(1)
The Town Planning Board is hereby empowered and authorized to grant a waiver or modification from the strict application of the provisions of only §§ 6-16(e)(4), (5), and (6) in accordance with the regulations.
(2)
Such waiver or modification shall only be considered at a public hearing called for such purpose. Such hearing may be included in the routine agenda of the Planning Board, however such hearing shall be separately listed on the Planning Board agenda and considered as a matter separate from any land development or subdivision hearing for the subject property, which may also be on the Planning Board agenda.
(3)
Notice of any hearing which takes place pursuant to this section shall be given by the Planning Board to the owners of real property within 200 feet of the lot on which the proposed stormwater basin shall be located. Should the proposed stormwater basin be a part of a land development project or subdivision being considered by the Planning Board the notice area shall be 200 feet of the perimeter of the entire parcel under consideration.
(4)
Notice shall be by first class mail, return receipt requested, at least 10 days in advance of the hearing, and shall contain the date, time and place of the public hearing, the name of the property owner or developer, the assessor's plat and lot and a brief description of the matter under consideration. Should the request for waiver or modification involve a land development project or subdivision also being considered by the Planning Board at such meetings, the notices may be included in the same mailing; provided, however, that separate notice shall be required in written form.
(5)
Copies of the notice of such hearing shall be delivered to the director of public works of the Town of Cumberland, Rhode Island, as well as any other municipal, state or federal official or agency deemed appropriate by the administrative officer. Such notice shall solicit written comments. All final written comments to the Planning Board from the administrative officer, the Director of Public Works, municipal departments, state and federal officials or agencies shall be a part of the permanent record of the application for relief, as well as the development application, if any.
(6)
The determination of the Planning Board shall be by the majority of the full membership of the Board. All records of the Board, together with the rational thereof shall be written and kept as a part of the permanent record of the Planning Board and shall be for available public review.
[1]
Editor's Note: Former § 6-12, Outside storage of vehicles, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 6-13 (Reserved) [1]
§ 6-14 (Reserved) [1]
[1]
Editor's Note: Former § 6-14, Communication towers, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(g), Requirements for specific categories of special use.
§ 6-15 (Reserved) [1]
[1]
Editor's Note: Former § 6-15, Pre-schools and day care facilities centers (excluding family day care), adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(s) and (i), Requirements for specific categories of special use.