East Greenwich City Zoning Code
ARTICLE III
Zoning Districts
§ 260-7 Districts established.
For the purpose of this chapter, the Town of East Greenwich is divided into the following fixed zoning districts, as shown on the Zoning Maps filed in the office of the Town Clerk and entitled "East Greenwich Zoning Map" and dated July 25, 2000, and further described below:
A.
Residential District (R-4) 4,000 square feet. This district is designed to provide very high-density residential multifamily and affordable housing development. A minimum of 10% and a maximum of 20% of the units in an R-4 development shall be for low- and moderate-income persons as defined by the state or federal government providing the subsidy for the housing and shall meet the requirements of the Rhode Island Low and Moderate Income Housing Act, R.I.G.L. § 45-53-1 et seq., as amended.
B.
Residential District (R-6) 6,000 square feet. This district is designed to provide for high-density residential development within the Town.
C.
Residential District (R-10) 10,000 square feet. This district is designed to provide for medium/high-density residential development within the Town.
D.
Residential District (R-20) 20,000 square feet. This district is designed to provide for medium-density residential development within the Town.
E.
Residential District (R-30) 30,000 square feet. This district is designed to provide for medium/low-density residential development within the Town.
F.
Farming District (F/F-1) one acre. This district is designed to preserve existing farmland and provide low-density residential development within the Town.
G.
Farming District (F-2) two acres. This district is designed to preserve farmland and open space and provide for very-low-density residential development within the Town.
H.
Commercial Downtown One District (CD/CD-1). This zone is designed to provide multiple uses on Main Street properties between Division Street and First Avenue/Rocky Hollow Road to promote active use of East Greenwich's downtown area by residents, shoppers and service-use clients and to provide vehicle and pedestrian safety. This district emphasizes first-floor (street-level) uses which promote and encourage pedestrian activity and stops at more than one business.
I.
Commercial Downtown Two District (CD-2). This zone is designed to provide multiple uses on Main Street properties between First Avenue/Rocky Hollow Road and Cedar Avenue/Forge Road to provide a transition between the high-density Commercial Downtown (CD-1) District and the CH Districts.
J.
Commercial Highway District (CH). The purpose of this district is to provide for those uses which generate a high amount of vehicular traffic in a manner that is safe and efficient.
K.
Waterfront District (W). The purpose of this district is to provide for water-dependent and water-related uses along Greenwich Cove, and to limit other uses. The Town of East Greenwich has little waterfront land and only by recognizing this can the Town best utilize this limited resource.
L.
Light Industry and Office District (M/LIO). The purpose of this district is to provide low-density, low-impact industrial and office park development primarily along the Route 2/South County Trail corridor and retain that district's farming and scenic qualities.
M.
Planned Development (PD). This is a designation which allows for residential land uses through environmentally sensitive design. It would provide for residential development on a single parcel, for example, a townhouse design.
N.
Mixed Use Planned Development (MUPD). This is a designation which allows for multiple uses on one parcel. It is offered as a development option as an encouragement to construct and develop low-density commercial uses to offset the tax burden of higher density residential units. Low- and moderate-income residential units are particularly encouraged in an MUPD.
O.
Rocky Hill Fairgrounds (RHF). The purpose of this district is to provide for the development of a private education center and open space, including a golf course; development located within 4,000 feet of an interstate highway having frontage on two or more public roads and having ingress and egress to a state highway serviced by public sewer, gas, water and electricity.
[Added 10-26-2004 by Ord. No. 750; amended 5-9-2011 by Ord. No. 814]
§ 260-8 General regulations.
[Amended 2-25-2002 by Ord. No. 717; 11-4-2002 by Ord. No. 729; 3-14-2016 by Ord. No. 849; 12-11-2023 by Ord. No. 920-B]
The following regulations shall be applicable to all zones unless otherwise indicated:
A.
Where residential structures are permitted, only one residential structure shall be located on a lot.
B.
For all new residential construction, the maximum bottom of the foundation elevation of the principal structure shall be two feet above the proven wet-season high-water table. A site plan submitted as part of the building permit application shall note this relationship.
C.
Ordinary projections of window sills, cornices and other structural features may not extend more than 12 inches into the space above a required setback.
D.
On a street in a residential zone in which 25% or more of the frontage is improved with buildings, the front setback for a building hereafter erected may extend to the average alignment of such existing buildings on the same side of the street instead of as provided for in Table 2 of this chapter, except that no buildings shall have a front setback of less than 10 feet.[1]
[1]
Editor's Note: Table 2 is attached to this chapter.
E.
The Zoning Board of Review may, by dimensional variance, grant relief from the dimensional and intensity regulations of this chapter for any use it authorizes by special use permit.
F.
Accessory structures, swimming pools and/or tennis courts shall only be permitted in rear yards in the building envelope and shall not fall within any required side or front setbacks. Such structures may be no closer than 10 feet from the rear lot line in the R-30, F-1 and F-2 Zones, and no closer than five feet in the R-20, R-10, R-6 and W Zones. On corner lots where no rear yard or rear lot line is present, accessory structures may be permitted to be sited within the side setback, subject to the limitations as noted above.
G.
No wall, fence, structure, vehicle, tree, shrub or other growth on the property shall so obstruct the view as to cause a hazard to traffic in the street nor shall it cause pedestrians to walk in the street where a sidewalk or road shoulder would otherwise be available. At street intersections, no structure shall be erected and no vegetation shall be planted or maintained in the space between the heights of 2 1/2 feet and 10 feet above the triangle formed by the street lines and a third line joining points on the street lines 15 feet from the intersection.
H.
Development of the lot shall provide no increase in stormwater runoff quantity or reduce the quality of the runoff from the lot. Where additional runoff cannot be retained on site, the applicant shall demonstrate to the Department of Public Works that the existing public drainage systems are capable of transporting the increased runoff.
I.
Where permitted, commercial uses shall be buffered from adjacent residential uses through landscaping and/or screening, as further defined in Article VI. When a lot in an LI/O or CH Zone is situated on the opposite side of the street from or is bounded by property zoned for residential use, a buffer strip not less than 100 feet in width shall be provided on each side of such lot which is situated on the opposite side of the street from or which bounds property zoned for residential use. Each such buffer strip shall be maintained in its natural state or shall be planted with evergreen trees or shall be made to contain other opaque screening.
J.
Where permitted, outside storage and dumpsters shall be enclosed and buffered from adjacent properties (including rights-of-way) as may be further defined in Article VI. The owner or operator of any commercial establishment which receives a license or permit from the Town Council and where swill, garbage or refuse accumulates shall provide at such establishment a covered container, which does not leak, for the deposit of all swill, garbage and refuse. The container shall have a cover, which shall be fully closed at all times except when refuse is deposited or removed. No excess refuse may protrude from said container. If deemed necessary and feasible by the Building Official, all containers shall be placed on either a concrete or asphalt pad with an adequate water supply and drainage available for washing the container and the pad. Unless the Building Official determines that it is not feasible, any container which is visible from the street and which holds perishable food waste shall be located within an opaque fenced area, which fence must be at least one foot higher than the highest point of the container on three sides. The fourth side shall have a properly hinged access door, which shall be kept closed at all times except for the depositing or removal of refuse. All containers holding perishable food waste shall be located more than 30 feet from the nearest residence unless the Building Official determines it is not feasible to do so.[2]
K.
Curb cuts shall require approval by the Director of Public Works. Only one curb cut for vehicle access to a parcel shall be provided from each street frontage. Gas stations shall be permitted two curb cuts along a single frontage and one curb cut along a second frontage, for a maximum of three curb cuts.
L.
Where the rear of a property falls along Greenwich Cove, the rear setback shall be used for a combination of landscaping and boardwalk along waterfront properties. The rear setback shall not be covered with an impervious surface but shall allow for natural infiltration in order to protect the water quality of the Cove.
M.
Fences and walls not exceeding 10 feet in height in the LI/O Zone and seven feet in all remaining zones may be constructed. Fencing for tennis courts may exceed the seven-foot maximum but must be no greater than 12 feet around the playing surface of the court.
N.
It shall be the policy of the Town of East Greenwich that high-voltage transmission lines should be sited so as to reduce the risk of electromagnetic field exposure to the lowest possible level obtainable by existing technology. Since the siting of such lines is within the jurisdiction of the Energy Facility Siting Board (EFSB), the Town shall actively participate in the EFSB review process, and Town agencies rendering advisory opinions to the EFSB shall urge that said transmission lines be regulated in accordance with the Town's policy.
O.
Private streets shall be prohibited in all residential developments.
P.
Subject to compliance with the requirements of all applicable federal and state wetlands regulations, wetlands created by action of the Town of East Greenwich other than stormwater detention and retention measures shall be excluded from the calculation of wetlands with respect to the requirements of the PD and MUPD Zones, cluster development and minimum building envelope.
Q.
The maximum building height of a detached accessory dwelling unit shall not exceed 20 feet.
§ 260-9 Uses and zones.
[3-14-2016 by Ord. No. 849; 12-11-2023 by Ord. No. 920-B]
A.
The following uses shall be allowed as outright permitted uses and shall be allowed in all zones unless otherwise indicated:
(1)
Off-street parking.
(3)
Notwithstanding any other provisions of this chapter, the following uses are permitted uses within all residential zoning use districts of a municipality and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:
(4)
Any time a building or other structure used for residential purposes or a portion of a building containing residential unit is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home or homes, as the need may be, elsewhere upon the land for use and occupancy of the former occupants for a period of up to 12 months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home or homes to remain temporarily upon the land by making timely application to the local Building Official for the purposes of obtaining the necessary permits to repair or rebuild the structure.
(5)
Notwithstanding any other provisions of this chapter, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.
(6)
Notwithstanding any other provisions of this chapter, an accessory family dwelling unit in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation only for family members with disabilities. 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 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 member or members with disabilities no longer resides 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.
(7)
When used in this section, the terms "people with disabilities" or "member or members with disabilities" means a person(s) who has a physical or mental impairment which substantially limits one or more major life activities, as defined in R.I.G.L. § 34-37-3.
(8)
Notwithstanding any other provisions of this chapter, plant agriculture is a permitted use within all zoning districts, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.
B.
The following uses shall be permitted as accessory uses in all zones and within the provisions of this chapter unless otherwise indicated:
(1)
The keeping of household pets, as defined in § 260-6, for enjoyment associated with residential uses or animals kept for educational purposes (as with a museum, learning center, environmental facility, etc.).
(2)
Licensed family day-care in the home.
(3)
A temporary sales or promotion office in connection with adjacent construction. Such office may be located in a trailer. For these purposes, "temporary" is considered to be one year. Renewal of this allowance shall be made by application to the Building Official and shall be granted in accordance with the original terms upon demonstrated need by the applicant.
(4)
The storage of building materials and equipment incidental to on-site construction.
(5)
The storage and/or parking of inspected, registered vehicles, owned or used by a person residing on the premises, which are physically capable of being operated on a public roadway.
(6)
The storage and/or parking of a maximum of one inspected, commercially registered vehicle with a maximum capacity of two tons or gross vehicle weight of 10,000 pounds or less and which has no more than two axles, owned or used by a person residing on the premises, and which is physically capable of being operated on a public roadway. Storage of unregistered vehicles is not permitted.
(7)
The parking and storage of major recreation equipment, which includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes or storage trailers, in residential districts must comply with the following regulations:
(a)
Not more than one travel trailer, pickup camper or coach, motorized dwelling, tent trailer or boat trailer may be parked or stored.
(b)
Not more than one boat or other watercraft may be stored.
(c)
No major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.
(d)
Storage of major recreation equipment must meet all setback requirements for the district therein located.
(e)
No major recreation equipment shall be stored out of doors in residential districts unless it is in condition for safe and effective performance of the function for which it was intended.
C.
(Reserved)
D.
Table 1: Table of Permitted Uses by Zone.[1]
[1]
Editor's Note: Table 1, Table of Permitted Uses by Zone, is attached to this chapter.
E.
Table 2: Table of Dimensional Requirements by Zone.[2]
[2]
Editor's Note: Table 2, Table of Dimensional Requirements by Zone, is attached to this chapter.
§ 260-10 Districts by Assessor's plats.
[Amended 5-23-2005 by Ord. No. 754; 2-27-2006 by Ord. No. 761; 5-1-2006 by Ord. No. 763; 5-22-2006 by Ord. No. 766; 6-12-2006 by Ord. No. 768; 7-10-2006 by Ord. No. 770; 12-15-2008 by Ord. No. 796; 6-14-2010 by Ord. No. 805; 5-11-2015 by Ord. No. 842; 1-25-2016 by Ord. No. 848; 5-9-2016 by Ord. No. 854; 10-24-2016 by Ord. No. 859]
See the Table of Districts by Assessor's Plats and Digital Map Numbers.[1]
[1]
Editor's Note: Said table is on file in the Town offices.
§ 260-10.1 Adaptive reuse projects.
[Added 12-11-2023 by Ord. No. 920-B]
A.
Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Subsection B, Eligibility.
C.
Density calculations.
(1)
For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:
(a)
Where the project is limited to the existing footprint of where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.
(b)
The development includes at least 20% low- and moderate-income housing.
(c)
The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
(2)
For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.
(3)
The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.
D.
Dimensional requirements.
(1)
Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.
(2)
No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
(3)
Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.
(a)
Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
E.
Parking requirements.
(1)
Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
F.
Allowed uses within an adaptive reuse project.
(1)
Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
(2)
Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of 260 Attachment 1 - Table 1, Table of Permitted Uses by Zone, for the zoning district in which the structure is located.
G.
Development and design standards. Site design shall be in accordance with § A263-23, General provisions: physical design requirements, of the Development and Subdivision Review Regulations.
H.
Procedural requirements.
(1)
Adaptive reuse projects shall be subject to the procedural requirements of the Development and Subdivision Review Regulations and undergo either minor or major land development as determined in that section.
(2)
In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information: