Chapters 16.56 through 16.86 shall be known and may be cited as the "Zoning Ordinance of the Township of East Greenwich of 1987".

(Prior code § 14-1.1)

Chapters 16.56 through 16.86 are enacted for the following purposes: to promote the health, morals and general welfare of the inhabitants of East Greenwich Township; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; and prevent the overcrowding of land or buildings; to avoid undue concentration of population; and to conserve the value of property and encourage the most appropriate use of land.

(Prior code § 14-1.2)

Where the provisions of this zoning code impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this zoning code shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this zoning code, the provisions of such statute, other ordinance or regulations shall be controlling.

(Prior code § 14-2.1)

No building shall hereafter be erected, and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this zoning code or the separate land use pamphlet and meeting the requirements set forth in the appended schedule. No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations set forth in the schedule for the zone district in which such building or space is located.

In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this zoning code and the certificate of occupancy shall become void.

(Prior code § 14-2.2)

(Prior code § 14-2.3)

(Ord. No. 2019-19, § 1, 12-23-2019)

The zones set out in Section 16.56.050 are established by the designations, locations and boundaries thereof set forth and indicated on the zoning map. The map shall be known as the "Zoning Map of the Township of East Greenwich", and is attached to the ordinance codified in this chapter and made a part of this zoning code.

(Prior code § 14-2.4)

Where uncertainty exists as to any of the boundaries as shown on the map, the following rules shall apply:

A.

Zone boundary lines are intended to follow the centerline of the streets, railroad rights-of-way and streams and lot or property lines as they exist on the tax assessment map of the township, unless such zone boundary lines are fixed by dimensions shown on the zoning map.

B.

Where boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than twenty-five (25) feet distant there-from, lot lines shall be construed to be such boundaries unless specifically shown other-wise.

C.

Where a zone boundary divides a lot, the location of the boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

(Prior code § 14-2.5)

After the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto, in the township shall be in conformity with the provisions of this zoning code. Any existing building or structure and any existing use of buildings or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided.

(Prior code § 14-2.6)

The township shall be permitted to accept property from a developer or property owner under the following guidelines:

A.

The property to be transferred to the township has a public purpose as defined by the governing body;

B.

The property's density or residential equivalent density can be transferred to and incorporated into a plan for the property owner's remaining lands; provided such density transfer does not exceed the total number of units permitted as a matter of right;

C.

A deed to the municipality is accepted and filed in the municipality's name;

D.

A credit of density letter (equivalent to the number of units which are involved) will be assigned by the township committee, to a specific block and lot, and given to the owner in exchange for the deed. The credit will be presented to the planning board at the time of an application for development, and the units will be permitted in accordance with subsection E of this section;

E.

The RR-C, rural residential cluster district, must be the receiving district for the transferred units. A reduction in the thirty (30) percent open space requirement may be permitted in order to accommodate the transferred units without a negative impact on the units permitted as a matter of right;

F.

All other requirements of the RR-C district shall be met unless waived or modified by the East Greenwich Township planning board;

G.

Whenever practical, the township committee will obtain comment of the planning board regarding the acceptance of property and related transfer of density.

(Ord. 23-1996 § 1; prior code § 14-2.7)