(a)

Districts generally. For the purposes of this chapter, the city is divided into districts as shown on the zoning map entitled "Zoning Map of the City of East Providence," dated the effective date of this chapter, filed with the city clerk and hereby declared to be a part of this chapter. The districts, their abbreviations and common names are designated as follows:

(b)

Mixed use floating zone district. The mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

(c)

Cluster floating zone district. The cluster floating zone district may amend any residential zone which permits clustering of residential units, with the goal of preserving open space; see further definition in section 19-364.

(d)

Business technology floating zone district. The business/technology floating zone district may amend the C-1, C-4, I-1, I-2 and I-3 zoning districts only with the goal of permitting business/technology developments; see further definition in section 19-364.

(e)

C-2 neighborhood business district. The C-2 neighborhood business district is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

(f)

Main Street and Neighborhood Center Overlay. The Main Street and Neighborhood Center Overlay District as included in section 19-322 of chapter 19, zoning is supplemental to any C-1, C-2, C-3, and TA (Taunton Avenue Waterfront) uses allowed by right or special use permit in section 19-98, schedule of use regulations of chapter 19, zoning, or generally by chapter 19, zoning, and as shown on the Zoning Overlay Map for the district. For all the existing uses on parcels within this district, the uses may continue and any new development or redevelopment may occur as is currently allowed within the zoning district in which a parcel(s) is located or under the provisions of section 19-322, Main Street and Neighborhood Center Overlay District.

(Rev. Ords. 1987, § 19-96; Ch. 457, § II, 10-7-97; Ch. 146, § IV, 10-23-00; Ch. 453, § II, 7-15-08; Ch. 470A, § IV, 10-7-08; Ch. 506, § VI, 7-20-10; Ch. 642, § IV, 3-15-16; Ch. 721, § II, 8-21-18)

Editor's note— Ch. 146, § IV, adopted Oct. 23, 2000, renumbered § 19-96 as new § 19-95.

The following are prohibited uses and activities, whether principal or accessory uses, in all zoning districts: the disposal, processing or recycling of solid waste* in any manner within the city, except for the segregation of solid waste and recyclable materials for curbside collection and the composting of vegetative materials used for noncommercial use, not to exceed three cubic yards; underground storage of solid waste; solid waste management facilities*; the storage of waste or scrap tires for the purpose of recycling and/or processing, and the recycling and processing of waste or scrap tires and/or reclaimed rubber, including shredding, grinding and any other process that results in shredded, pulverized, granulated, crumbed, or powered rubber; carpet and textile recycling, processing, and recovery; computer and electronic equipment and appliance recycling in the form of shredding; motor vehicle shredding and recycling; and solid waste processing including: incinerators, materials recovery facilities including processing; recycling facilities, resource recovery facilities, intermediate processing facilities, and transfer stations; bulk ammonia storage; bulk liquefied natural gas (LNG) storage and bulk liquefied propane gas (LPG storage; bulk storage of chemicals except as accessory to a use permitted by section 19-98; concrete manufacturing plants; paper or pulp mill; hazardous waste disposal; hazardous waste management facilities; petroleum refining; sand or gravel pit; sawmill; and asphalt manufacturing plants. The specific prohibited uses enumerated herein are in addition to any and all other uses which are prohibited in accordance with sections 19-4 and 19-98.

[* Definitions and further regulations relative to the uses that are denoted by an asterisk (*) may be found in section 19-1.]

(Ch. 146, § V, 10-23-00; Ch. 198, § III, 2-19-02)

Unless otherwise indicated on the zoning map, the boundaries between districts shall be determined according to the following criteria:

(1)

Where a boundary is shown as following a street, railroad, or utility right-of-way, the boundary shall be the centerline thereon, unless otherwise indicated.

(2)

Where a boundary is shown outside of a street, railroad, or utility right-of-way and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof and the figure placed on the zoning map shall be the distance in feet between them as measured at a right angle from such line, unless otherwise indicated.

(3)

Where the boundary of a district follows a river, stream, pond or other watercourse, the boundary line shall be deemed to be the limit of the jurisdiction of the city unless otherwise indicated. Unzoned lands and waters bordering upon or within the city shall be deemed to bear the zoning classification of the nearest adjacent zoned land and shall be subject to the same regulations of this chapter therewith.

(4)

Where the location of a district boundary line is otherwise uncertain, the zoning officer shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the map.

(5)

For those lots of record which are divided by a zoning district boundary, the regulations for either district shall apply, except that no zoning district shall in effect be extended for a distance greater than 100 feet.

(6)

For those lots for which a split zone is created by an administrative subdivision, the zoning district being extended shall be used for accessory use only and not principal use.

(7)

Whenever a split zone is being used for a more intense use, the activity shall follow the process and standards identified in article VIII, Development Plan Review, of the city zoning ordinance.

(Rev. Ords. 1987, § 19-97; Ch. 867, § II, 12-20-22)

(a)

Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited, with the exception of evaluations and determinations of proposed uses not specifically listed as per section 19-40.

(b)

The following is a schedule of use regulations:

(c)

All properties located within the Riverside Square Mixed Use/Downtown Overlay district shall be subject to the Commercial-2 Zoning District with respect to section 19-98 "Use", except that the following uses shall be prohibited within this district: funeral home or mortuary; fast food restaurant; drive-through facilities; and medical or dental offices.

(d)

All properties located within the Riverside Square Mixed Use/Downtown Overlay shall be subject to the supplementary district regulations contained in section 19-359 et seq.

(e)

The C-2 Neighborhood Business District is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

Y = Yes, permitted use

N = No, prohibited use

S = Special use permit

A = Permitted as an accessory use subordinate to the principal use

*Definitions and further regulations relative to the uses that are denoted by an (*) may be found in section 19-1.

**Amusement game centers shall be allowed as a permitted use in the C-3, C-4 and C-5 districts in conformance with the requirements of section 19-231 of this chapter.

***Radio, television or wireless telecommunications towers shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any I-3 district, in conformance with the requirements of section 19-352 of this chapter.

****Radio, television or wireless telecommunications antennas shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any district, in conformance with the requirements of section 19-352 of this chapter.

(Rev. Ords. 1987, § 19-98; Ch. 457, § III, 10-7-97; Ch. 463, § III, 12-16-97; Ch. 53, §§ IV, V, 2-3-99; Ch. 146, § VI, 10-23-00; Ch. 154, § VI, 1-16-01; Ch. 194, § IV, 12-18-01; Ch. 198, § IV, 2-19-02; Ch. 216, § IV, 6-18-02; Ch. 453, § III, 7-15-08; Ch. 470A, § V, 10-7-08; Ch. 489A, § II, 10-6-09; Ch. 642, § V, 3-15-16; Ch. 867, §§ III, IV, 12-20-22; Ch. 914, § I(Att.), 12-19-23; Ch. 918, § I, 5-7-24)

(a)

Purpose. This section establishes the mechanism for the review and creation of four types of floating zone districts, which upon approval by the city council shall amend the existing zoning map. The purpose of floating zone districts is to permit high intensity or mixed use character development and to promote flexible design upon parcels deemed appropriate for such development. Floating zone districts are unmapped zoning districts which are established on the zoning map only when an application for development meeting the requirements is approved. A petitioner must establish that the site proposed is appropriate for the floating zone district, and petition, in accordance with article II, division 4, to amend the city zoning map. Except where otherwise provided for in this chapter, the floating zone district regulations are derived from the regulations of the underlying zoning district. Floating zone districts may impose supplementary requirements but do not in any manner supersede or replace any requirements of the underlying district, except where specifically provided for in this article or otherwise in this chapter. In all cases, floating zone district map amendments are conditional upon site plan approval through land development project review as provided for in article V of this chapter.

(b)

Objectives. Decisions to approve a floating zone district shall be consistent with the following objectives where applicable:

(1)

To promote diverse land uses which are consistent with the goals of the city comprehensive plan;

(2)

To allow for mixed use developments where the site provides adequate safeguards to adjacent districts;

(3)

To promote greater flexibility and consequently more creative and imaginative design for the development of residential and mixed use areas than generally is possible under conventional zoning regulations; and

(4)

[Reserved.]

(Rev. Ords. 1987, § 19-99; Ch. 457, § IV, 10-7-97; Ch. 453, § IV, 7-15-08)

The following floating zone districts may by action of the city council amend the city zoning map for sites determined to be appropriate.

(1)

Mixed use floating zone district. A mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

(2)

Cluster floating zone district. A cluster floating zone district may amend any residential zone and permits clustering of residential units with the goal of preserving open space; see further definition in section 19-364.

(3)

Business/technology floating zone district. The business/technology floating zone district permits business/technology uses; see further definition in section 19-364.

(Rev. Ords. 1987, § 19-100; Ch. 457, § V, 10-7-97; Ch. 453, § V, 7-15-08)

(a)

A petition for a floating zone district shall be filed with the city clerk in accordance with the requirements and procedures of article II, division 4, to amend the zoning map, including those for fees, notification and application requirements.

(b)

The city council may consider a petition for a floating zone district map amendment simultaneously with rezoning to the underlying district, as one rezoning petition.

(c)

All projects requiring floating zone district amendments must also be reviewed according to the land development project process of article V of this chapter. The applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as, conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council and then return to the planning board for subsequent required approval.

(d)

The petition for a floating zone district amendment shall be filed concurrently with the application requirements of article V of this chapter for land development project review. The key map of the land development project application may be used as the map required under section 19-72. Notification requirements shall be in accordance with the requirements of each action as specified in section 19-74 and article V of this chapter.

(e)

All floating zone district map amendments shall be approved as conditional upon land development project approval of a site plan. The floating zone district map amendment shall not become finalized until final land development project approval is received.

(f)

Conditional approval of a floating zoning district map amendment shall not bind the planning board to approving a land development project.

(g)

The filing of a floating zone district map amendment petition does not imply its acceptance in whole or part by the city council. The approval of a floating zone district map amendment including any modifications, conditions or restrictions thereto, represents a legally binding commitment by an applicant to carry out the development as approved.

(Rev. Ords. 1987, § 19-101)

(a)

If the proposed land development project for which the floating zone map amendment is proposed is to be phased, the floating zone district map amendment petition shall include the area of all proposed phases.

(b)

Amendments to increase the size of a floating zone district as it appears on the zoning map, shall be treated as a new application and shall follow all of the procedures of this article.

(Rev. Ords. 1987, § 19-102)

(a)

A temporary use permit that confers a temporary privilege to operate beyond the defined permissible uses in any zoning district. Temporary use permits are subject to the following provisions:

(1)

Temporary use permits shall automatically expire on January 1 of each year.

(2)

The fee for a temporary use permit shall be set by the zoning officer.

(3)

A temporary use permit may be revoked at any time by the zoning officer.

(4)

Applications for temporary use permits shall be submitted to the zoning officer. Temporary use permits shall only issue if:

a.

Unless expressly allowed by this section, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.

b.

The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.

c.

The temporary use is operated in accordance with such restrictions and conditions as the police and fire department may require. If required as a condition of approval, the operator of the temporary use shall employ appropriate security personnel.

d.

The temporary use does not conflict with another previously authorized temporary use.

e.

The Applicant shows proof of ownership in the relevant property.

f.

If the relevant property contains public property, the applicant shall acquire written permission from the director of the department of public works for use of said property, subject to any conditions set by the city.

(b)

Short-term rental. The offering of or occupancy or use of, all or portions of a dwelling unit by anyone other than the owner for a fee for a period of fewer than 28 consecutive calendar days.

(1)

A dwelling unit in a single-family, two-family, three-family, semi-detached, or multi-family dwelling may be used as a short-term rental, subject to the following standards:

a.

Properties used as short-term rentals in residential districts must:

1.

Local representative. Identify a local representative or property management company authorized to receive any process, notice or demand required or permitted to be served upon the owner of the premises. Said local representative shall:

i.

Provide contact information that is monitored 24 hours a day.

ii.

In the case of a complaint regarding use of the temporary use permit for short-term rentals, immediately respond to city officials, including, but not limited to, the police department, but in no case shall such response take more than 12 hours.

iii.

Respond to, and be physically present at, the short-term rental within 12 hours upon request of the East Providence Police Department.

2.

Nuisances. At no time shall the short-term rental be used in such a manner that it creates a nuisance, especially any pattern of nuisance that is otherwise uncommon in residential districts.

3.

Events or Parties. At no time shall the short-term rental be used to host events or parties except as may be expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.

b.

The owner must supply all of the following within the dwelling unit:

1.

Visible printed materials with diagrams of all points of egress, written in English, Spanish, and Portuguese.

2.

Clearly marked visible fire extinguisher(s).

3.

A copy of the nuisance requirements set forth herein.

4.

A copy of any and all conditions placed on the temporary use permit.

5.

Instructions for the disposal of rubbish and recyclables in a manner consistent with City ordinances and regulations.

c.

Advertisement of the rental. Any advertisement of a short-term rental within the city shall include:

1.

A statement that the short-term rental has been approved by the city.

2.

A recitation of any conditions placed on the temporary use permit.

3.

A notice that no party or event may occur unless authorized by the property owner and expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.

d.

Authorized information disclosure. Any party advertising a short-term rental, or any party who accepts a short-term rental temporary use permit, in doing so, agrees to provide the city with a full copy of all rental data and information including, but not limited to, nights rented and gross revenues generated, excluding only the personal information of any renter, within 48 hours of a request for such information by the city solicitor. A $500.00 per day fine may be imposed for each day any party fails to comply with this section.

e.

Enforcement. the zoning officer shall have the power to impose conditions on any short-term rental temporary use permit with or without cause whenever the zoning officer deems those conditions to be reasonably necessary to maintain the residential character of abutting properties.

1.

Advertisement of a residential short-term rental without a temporary use permit. The zoning officer may impose a $500.00 per day fine for each date of advertisement in violation of this section. Such fines may be recorded as liens against the subject property. The zoning officer may abate such fines if the property owner applies for a residential short-term rental temporary use permit within seven calendar days of any written notice provided by the city.

2.

Citation by the East Providence Police Department. If the East Providence Police Department responds to a property and finds that the property is not being managed or maintained in a manner comparable and complimentary to the abutting properties, or otherwise has generated an unreasonable nuisance, any report to that effect shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.

3.

Violation of law or regulation. Any finding by any officer or agent of the city or any other governing authority with concurrent jurisdiction that the property is in violation of any standard regarding property maintenance or use of the property or is otherwise found to be used in an illegal manner shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.

4.

Pattern of improper use. The zoning officer may revoke a temporary use permit for a residential short-term rental if the record is indicative of a pattern of improper use. Examples of a pattern of improper use include multiple instances of cause sufficient for the imposition of conditions on the temporary use permit and/or violations of conditions imposed on a temporary use permit.

In lieu of revocation, the zoning officer shall impose a minimum fine of seven days of maximum potential revenue of the listing and may impose a maximum fine of up to, $500.00 for each day a violation of Chapter 19, Section 103 occurred at the property in question.

a.

If a full year passes without any instance of a cause sufficient to impose conditions, any past instance of cause sufficient to impose conditions or violations of any such conditions shall be removed from the record.

b.

Properties with a clean record may petition the Zoning Officer to remove any conditions on the temporary use permit.

f.

Any decision of the zoning officer or any other city official regarding a temporary use permit is subject to appeal pursuant to chapter 19, article II, Administration, division 2, Board of Review.

(Ch. 765, § II, 5-5-20; Ch. 811, § I, 7-20-21)