The zoning regulations set forth in this ordinance have been made in accordance with the town's comprehensive plan for the purpose of promoting the public health, safety, morals, general welfare, and the conservation of the natural resources of the Town of Exeter. They are designed to lessen congestion in the streets; to provide adequate light and air; to secure safety from fire, panic, and other dangers; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the parks and other public requirements. They are made with reasonable consideration, among other things, of the character of each district and its peculiar suitability for particular uses, and with a view to conserving the value of the buildings and encouraging the most appropriate use of land throughout the town, and to preserve and enhance the beauty of the community and the character of the neighborhoods.

Further, the zoning regulations are developed and maintained for the following purposes:

1.

Promote the public health, safety, and general welfare.

2.

Provide for a range of uses and intensities of use appropriate to the character of the Town of Exeter and reflecting current and expected future needs.

3.

Provide for orderly growth and development which recognizes:

A.

The goals and patterns of land use contained in the Exeter Comprehensive Plan adopted pursuant to Chapter 45-22.2 of the General Laws of Rhode Island;

B.

The natural characteristics of the land, including its suitability for use, based on soil characteristics, topography, and susceptibility to surface [water] or groundwater pollution;

C.

The values and dynamic nature of freshwater ponds, the shoreline, and freshwater and coastal wetlands;

D.

The values of unique or valuable natural resources and features;

E.

The availability and capacity of existing and planned public and/or private services and facilities;

F.

The need to shape and balance rural development;

G.

The use of innovative development regulations and techniques;

4.

Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

5.

Provide for the protection of the natural, historic, cultural, and scenic character of the Town of Exeter or areas therein.

6.

Provide for the preservation of agricultural production, forest (silviculture), aquaculture, timber resources and open space.

7.

Provide for the protection of public investment, if any, 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.

8.

Promote a balance of housing choices for all income levels and groups to ensure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing. Provide opportunities for the establishment of low and moderate income housing.

9.

Promote safety from fire, flood, and other natural or manmade disasters.

10.

Promote a high level of quality in design in the development of private and public facilities.

11.

Promote implementation of the comprehensive plan of the Town of Exeter adopted pursuant to G.L. 1956, § 45-22.2.

12.

Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond the boundaries of the Town of Exeter or have a direct impact on the Town of Exeter.

13.

Provide for efficient review of development proposals, to clarify and expedite the zoning review process.

14.

Provide for procedures for the administration of the Exeter Zoning Ordinance including, but not limited to, variances, special use permits and, where adopted, procedures for modifications.

Where words or terms used in this ordinance are defined in the definitions section of the "Rhode Island Comprehensive Planning and Land Uses Act," R.I. Gen. Laws § 45-22.2-4, they shall have the meanings stated therein. In addition, the following words shall have the following meanings:

1.

Abutter. One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.

2.

Accessory dwelling unit. A dwelling unit that provides complete independent living facilities and is located on a lot where the principal use is a legally-established detached dwelling unit or residential multi-unit building.

3.

Accessory use. A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use. An accessory use is not permitted without the principal use to which it is related.

4.

Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use.

5.

Affordable housing. Year-round housing built with a federal, state, or municipal subsidy that has a deed-restricted sales price or rental amount that is within means of a household that is moderate income or less, as defined by R.I. Gen. Laws § 42-128-8.1(d), as amended. Synonymous with "low- or moderate-income housing."

6.

Age restricted housing. Housing limited to use and residency by persons 55 years of age or older, as defined by R.I. Gen. Laws § 34-37-4.1(a)(5), the Rhode Island Fair Housing Practices Act, as amended.

7.

Aggrieved party. A person who can demonstrate that his or her property will be injured by a decision of any town official, board or commission responsible for administering the zoning ordinance, or a person requiring notice pursuant to title 45, chapter 24 of the general laws.

8.

Agricultural land. Land suitable for agricultural use by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.

9.

Applicant. An owner or authorized agent of the owner who submits an application.

10.

Application. The completed form or forms and all accompanying documents, exhibits and fees required for review, approval, or permitting purposes.

11.

Area median income (AMI). The median household income as determined annually by the federal Department of Housing and Urban Development (HUD) and adjusted for household size by HUD and by Rhode Island Housing for the designated statistical area that includes the town as of the date of marketing of the housing unit to which it is being applied.

12.

Articulation. The degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different vertical and horizontal planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures.

13.

Arterial street. A public street on which traffic circulates into, out of, or across the town or provides service for trips of moderate length. For the purposes of the zoning ordinance, arterial streets in Exeter include Route 2, Route 3, Route 102, and Route 165.

14.

Awning. An overhead cover of canvas or other material extending over building openings to provide protection from the sun and rain.

15.

Bed and breakfast. An owner-occupied home that provides lodging and meals for a fee. Hosting functions such as weddings for a fee or in conjunction with the bed and breakfast use is prohibited.

16.

Buffer. Land that is maintained in either its natural state or landscaped, and is used to screen or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

17.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

18.

Building height. On all structures, building height is measured to the top of the highest point of the existing or proposed structure, excluding spires, chimneys, flag poles, and similar projections. On an undeveloped lot, building height is measured from the average existing-grade elevation where the foundation of the structure will be located. On an existing structure, building height is measured from the average grade of the outermost corners of the foundation. On a structure in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps, the base flood elevation on the FEMA map, plus up to five feet of any existing or proposed freeboard, less the average existing grade elevation, is excluded from the building height calculation. Freeboard is the number of feet the lowest floor of a structure must be elevated above the base flood elevation to provide safety.

19.

Building inspector. An appointed official responsible for issuing building permits and examining all structures during the course of their erection, alteration, repair, moving or demolition. Also called a building official.

20.

Cluster. A site-planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development, there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development.

21.

Common ownership.

i.

Ownership of two or more contiguous lots by the same individual, individuals, entity, or entities.

ii.

Ownership by an association of property owners such as a homeowners' association.

22.

Community residence. A residence defined in R.I. Gen. Laws § 45-24-31(15), as amended.

23.

Comprehensive community plan. The document adopted and approved pursuant to Title 45, Chapter 22.2 of the General Laws.

23

Conservation development. The site planning and design process used to implement cluster subdivisions and land developments, as defined in R.I. Gen. Laws § 45-24-31(13) Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, and requires the set-aside of a permanent area of open space.

25.

Day care center. A facility that provides daytime care and supervision.

26.

Day care, family day care home. A home where daytime care and supervision is provided for no more than eight individuals, including up to six individuals who are not related to the caregiver.

27.

Density, residential. The number of dwelling units per unit of land.

27

Development. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance, any change in use, or alteration or extension of the use of land.

29.

Development rights. Those rights to develop, expressed as the maximum number of dwelling units for residential parcels that could be permitted on a designated sending area parcel under the applicable zoning and subdivision regulations in effect on the date of the transfer of development rights.

30.

Drainage system. A system for the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff control to minimize erosion and sedimentation during and after construction or development, the means for preserving surface [waters] and groundwaters and the prevention and/or alleviation of flooding and pollution.

31.

Dwelling unit. A structure or portion thereof that provides permanent provisions for living, sleeping, eating, cooking and sanitation, and has a separate means of ingress and egress.

32.

Extractive industry. The extraction of minerals including: Solids, such as coal, ores and gravel and soil material; liquids, such as crude petroleum; and gases, such as natural gases. The term includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

33.

Façade. The front of a building or any of its sides facing public spaces, frequently distinguished by distinctive architectural treatment.

34.

Family member. A person related by blood, marriage, or other legal means, including but not limited to a child, parent, spouse, mother-in-law, father-in-law, grandparent, grandchild, domestic partner, sibling, care recipient, or member of the household.

35.

Farm. Five acres or more of land which is, together with principal and accessory buildings, actively devoted to agricultural or horticultural production and operated by an individual, partnership, or corporation that has filled a U.S. Internal Revenue Form 1040 (Schedule F) with the Internal Revenue Service and has a State of Rhode Island farm tax number, and has earned at least $2,500.00 gross income on farm products in either of the proceeding two years.

36.

Farm brewery. A brewery that is located on a farm of no less than five acres and that produces beer which is manufactured with at least one primary ingredient (hops or grain) grown on the farm and whose annual production does not exceed 150,000 gallons of beer, and is in accordance with RI General Laws. A farm brewery may also sell beer at wholesale to retailers with the appropriate state license. A farm brewery is allowed to have a farm café as specified in the Exeter Zoning Ordinance Appendix A, Article II, Zoning, Sec. 2.4. — Zoning Use Table.

36A.

Farm café. A farm-based café sells food and beverages prepared on-site, serving as a secondary use to the primary farm operation. The Rhode Island Department of Health licenses the kitchen, which cannot exceed 35 percent of the building's total area or 600 square feet maximum. The café offers single-service options only, with no takeout, requiring guests to order and pay at a service window before eating. The menu must prominently feature locally sourced ingredients, with at least 51 percent from local farms, and any unavailable products can come from within a 125-mile radius.

36B.

Farm café kitchen. Is defined as a room that contains one or more of the following appliances, or is located within three feet of such appliances: A sink, which may include a dishwasher; a stove or other cooking appliances, such as an oven, microwave, or range. This area also encompasses essential spaces dedicated to food preparation, including workstations for tasks such as chopping, mixing, preparing, and assembling dishes, as well as organized preparation areas that facilitate meal preparation. The kitchen area shall not exceed 35 percent of the total gross floor area designated for the principal use and is restricted to a maximum allowable size of 600 square feet.

37.

Fast food restaurant. Any business, the major operation of which is over the counter service, generating a high turnover of customers and a large volume of traffic.

38.

Floodplain or flood hazard area. As defined in R.I. Gen. Laws § 45-22.2-4(9), as amended.

39.

Greenhouse.

i.

Greenhouse - Tier I (less than two acres undercover). Traditional hoop house, gable, A-frame, gothic arch, geodesic dome, saw tooth and lean-to structures constructed of wood, metal piping (aluminum or steel) solid polycarbonate, acrylic and fiberglass) glass walls and roofs that are customarily accessory to a principal use and do not exceed two acres undercover either by an individual structure of in aggregate for a series of structures on the same property. Houses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt from the coverage calculation. Unlike a Tier II and III CEA Greenhouse facilities this category employs less advanced forms of heating ventilation (HVAC) systems, water recycling, computer-managed techniques and automation and does not include floor area specifically dedicated to administration, employees, washrooms, grading, warehousing, distribution and loading docks.

ii.

Greenhouse - Tier II (two to four acres undercover). A structure or structures with walls and roof made chiefly of solid transparent material, such as glass, polycarbonate, acrylic used for the cultivation or protection of tender plants. These structures could be solitary structures or are a series of structures designed for the protection of tender or out-of-season plants against excessive cold or heat. The Tier II greenhouse category limits the area undercover to the growth of plants and does not include floor area specifically dedicated to administration, employees, washrooms, warehousing, distribution and loading docks. Greenhouses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt.

iii.

Greenhouse - Tier III CEA Facility (greater than 4 acres undercover). Controlled Environmental Agricultural Facility (CEA facility) is a commercial structure that includes related equipment and appurtenances that combine engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The primary purpose of this commercial facility is to grow crops and obtain a monetary profit from the sale of plant-based food for human or livestock consumption. Unlike Tier I or Tier II greenhouses, this facility is more advanced and utilizes intensive forms of hydroponically-based agriculture along with automation to optimize horticultural practices in sophisticated climate-controlled buildings. These are glass and steel structures that often harvest roof top rainwater and are controlled by state-of-the-art computers that are able to monitor climate 365 days of the year, 24 hours a day, and make smart adjustments, data-driven adjustments, in order to maximize crop productivity, efficiency, reduce production losses. These facilities often include floor area dedicated to administration, employees, washrooms, harvesting, grading, warehousing, and distribution alongside structured parking and loading docks either as part of the facility or attached thereto.

40.

Gross floor area. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.

41.

Groundwater. As defined in R.I. Gen. Laws § 46-13.1-3(6), as amended.

42.

Home occupation. Any activity customarily carried out for gain by a person in the person's dwelling as an accessory to the principal residential use.

43.

Hotel. A building designed and intended for temporary lodging offered to the public for compensation, divided into separate units within the same building, and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use.

44.

Household. One or more persons living together in a single-dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food. The term "household unit" is synonymous with the term "dwelling unit" for determining the number of units allowed in a structure. An individual household consists of a family, which may also include servants and employees living with the family, or three or more unrelated persons living together.

45.

Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

46.

Junk. Items including, but not limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, construction debris, waste; or junked, dismantled or wrecked automobiles, or parts thereof; and iron, steel and other old or scrap ferrous or nonferrous material.

47.

Junkyard. The use of any lot, whether inside or outside a building, where an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk.

48.

Kennel, Class 1. A fully enclosed/indoor structure or establishment other than a pound or animal shelter where over ten dogs are kept, owned, trained and/or boarded.

49.

Kennel Class 2. A structure or establishment other than a pound or animal shelter where four to ten dogs are kept, owned, trained and/or boarded.

50.

Land development project. A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for a complex of uses, units, or structures for residential, commercial, institutional, recreational, open space, or mixed uses.

51.

Land disturbing activity. Any physical disturbance of land, including but not limited to clearing and grubbing for future development; excavating; filling; grading; or construction or demolition of a structure.

52.

Land unsuitable for development. Land with natural or man-made limitations that make it unsuitable for development. Land unsuitable for development shall be excluded from density calculations in conservation developments, rural residential compounds, and planned districts, and may not be considered as part of the minimum lot area required. Land unsuitable for development includes freshwater wetlands but not the area within any regulatory wetland buffer; special flood hazard areas A and A1 through A30, as shown on the FEMA Flood Insurance Rate Maps, as amended; and land within any publicly or privately held easement on which above-ground utilities, including but not limited to electrical transmission lines, are constructed. Land shall not be classified as unsuitable for development solely because of its natural gradient.

53.

Landscaping business. Any business whose purpose is to change or improve the natural scenery of a business or residence by placing or arranging trees, bushes, shrubs, ornamental grasses or other vegetation and also maintaining existing vegetation by pruning, mowing or other normal vegetative maintenance and also includes installation and maintenance of landscape features such as decorative ponds, waterfalls or other water elements as part of an overall landscape design.

54.

Lot. Either: (1) the basic development unit for determination of lot area, depth, and other dimensional regulations, or (2) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and is recognized as a separate legal entity for purposes of transfer of title.

55.

Lot area. The total area within the boundaries of a lot, including at a minimum, one acre of contiguous land that is suitable for development, usually reported in acres or square feet.

56.

Lot building coverage. That portion of the lot that is or may be covered by buildings and accessory structures.

57.

Lot depth. The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

58.

Lot frontage. That portion of a lot abutting a public street or a private street on an approved plat. Lot frontage must be contiguous to meet minimum frontage requirements.

59.

Lot line. A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

i.

Front. The lot line separating a lot from a street right-of-way. On an interior lot, the front lot line is the lot line abutting a street. On a developed corner lot, the front lot line is the lot line currently used for that purpose. On an undeveloped corner lot, the front lot line is the lot line chosen by the property owner when initial development begins. On a through lot, the lot line abutting the street providing the primary access to the lot.

ii.

Rear. The lot line opposite and more distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

iii.

Side. Any lot line other than a front on rear lot line. On a corner lot, a side lot line is along the street lot line other than the front lot line.

60.

Lot, through. A lot other than a corner lot that fronts on two substantially parallel streets, or fronts on two streets that do not intersect at the boundaries of the lot.

61.

Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

62.

Low-income household. A household with an adjusted gross income that is 80 percent or less of the area median income as determined by Rhode Island Housing.

63.

Low or moderate-income housing. See "affordable housing."

64.

Massing. The three-dimensional bulk of a structure consisting of its height, width, and depth.

65.

Maximum gross building footprint per retail structure. The maximum gross building footprint per retail structure shall be calculated by including the total footprint in square feet of all indoor space devoted to storage, display, and/or sale of goods to be sold at retail, and sales areas for retail goods located on the same or on contiguous lots or parcels of land for a single or commonly controlled retail business operation. Thus, even if more than one structure is utilized for a single or commonly controlled retail business operation, the combined gross footprint may not exceed 40,000 square feet. Nothing herein is intended to prohibit multiple retail structures on a single lot from exceeding a total of 40,000 square feet, as long as they are not for a single or commonly controlled retail business operation.

66.

Mixed use. A mixture of land uses within a single development, building, or tract.

67.

Mixed use commercial development. Commercial development in a business zone that contains a mix of commercial and residential uses as provided for in article 4, section 4.6 of this ordinance. A mixed use commercial development is considered a land development project.

68.

Mobile home or trailer. A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent foundation.

69.

Moderate income household. A household with an adjusted gross income that is more than 80 percent but less than 120 percent of the area median income as determined by Rhode Island Housing.

70.

Modification. A dimensional variance granted by the zoning inspector pursuant to section 1.4 of this ordinance.

71.

Motel. A building intended and designed for transient or overnight occupancy, divided into separate units within the same building, and with or without public dining room facilities.

72.

Municipal government subsidy. Assistance that is made available through a town program sufficient to make housing affordable, as affordable housing is defined in this ordinance. Such assistance may include, but is not limited to, direct financial support, waiver of fees and charges, and approval of density increases or adjustments, or any combination of forms of assistance.

73.

Natural vegetation. Trees, shrubs, grass, or other plants which grow naturally or have been planted.

74.

Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of the Exeter zoning ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:

i.

Nonconforming by use. A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use.

ii.

Nonconforming by dimension. A building, structure or parcel of land not in compliance with the dimensional regulations of the Exeter zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of the Exeter zoning ordinance shall be nonconforming by use, a building or structure containing a permitted number of dwelling units by use regulations of the zoning ordinance, but not meeting the lot are per dwelling unit regulations, shall be nonconforming by dimension.

75.

Overlay district. A zoning district that is superimposed on one or more other zoning districts or parts of districts and that imposes specified requirements in addition to but not less than those otherwise applicable to the underlying zone.

76.

Owner. A partnership, corporation, or company, or a person who alone, or jointly or severally with others, has legal title to a premises or has control of a premises as agent, executor, executrix, administrator, trustee, guardian of the estate of the holder of legal title, or the holder of equitable title.

77.

Performance standards. Criteria that a particular use or process must meet or may not exceed.

78.

Permitted use. A use that is specifically authorized by right in a particular zoning district.

79.

Planned village development (PVD). A type of major land development project permitted only within the planned village overlay zoning district that incorporates a mix of residential and nonresidential uses in a compact, walkable environment in compliance with the standards set forth in article X of this ordinance.

80.

Plant agriculture. The growing of plants for food or fiber, or to sell or consume. It is a permitted use in 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.

81.

Public water supply. Means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes:

i.

Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and

ii.

Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

82.

Preapplication conference. A discussion of a proposed development between the applicant and the official or board with the authority to approve the development. A preapplication conference takes place before a formal application is submitted.

83.

Residential compound. A parcel of land containing lots for single-family dwellings having an average overall density of no greater than one dwelling unit per ten acres of land.

84.

Rhode Island Housing. The Rhode Island Housing and Mortgage Finance Corporation, an agency of the State of Rhode Island.

85.

Roofline. The top covering of a building which may consist of a variety of styles including, but not limited to: Gable roof, hip roof, shed roof, and gambrel roof.

86.

Scale. The general feeling of mass and size of a building as it relates to that of other buildings along a street or block front.

87.

Setback line. A line parallel to the property line marking the required depth of the front, side, or rear yard.

88.

Short-term rental. The occupancy or use, for a fee, of all or portions of a dwelling unit by anyone for tourist or transient use for a period of fewer than 30 consecutive calendar days. Hotels, motels and bed and breakfasts are excluded from this definition.

89.

Site plan. The development plan for one or more lots on which is shown the existing and/or proposed conditions of the lot.

90.

Solar energy facility. The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas or electricity produced from a non-renewable source. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems. Definitions applicable to solar energy facilities are as follows:

i.

Accessory building-mounted solar array. A solar energy system that is incidental and subordinate to the principal use(s) of the parcel, where the power produced can be used onsite, virtual net metered or sold back to the electric distribution company. An accessory building-mounted system shall be installed only on the roof of a structure.

ii.

Building-mounted solar energy facility. A solar energy system that is structurally appended to the roof of a building or structure.

iii.

Ground-mounted solar energy facility. A solar energy system that is structurally appended to the ground and is not supported by a structure or building.

iv.

Large-scale solar energy facility. A solar energy system that occupies 40,000 square feet up to 220,000 square feet, inclusive of inter-row and panel/collector spacing.

v.

Medium-scale solar energy facility. A solar energy system that occupies more than 1,600 square feet but less than 40,000 square feet of area, inclusive of inter-row and panel/collector spacing.

vi.

Small-scale solar-energy facility. A solar energy system that occupies 1,600 square feet of area or less, inclusive of inter-row and panel/collector spacing.

vii.

Solar canopy. A solar energy facility that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.

viii.

Solar land coverage. The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other areas within the required perimeter fencing.

ix.

Utility-scale solar energy facility. A solar energy system that occupies more than 220,000 square feet of area, inclusive of inter-row and panel/collector spacing.

91.

Special use. A conditionally permitted use that may be established with a special use permit issued by the zoning board of review or the planning board. See article I, section 1.3(F).

92.

Street. A public or private thoroughfare used for passage or travel by motor vehicles.

93.

Street line. A lot line that separates a lot from a street.

94.

Structure. A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

95.

Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of this ordinance and not in conformance with the dimensional and/or area provisions of the ordinance.

96.

Transfer of development rights. The ability to separate development rights from a particular parcel and use them to increase the development potential on another.

97.

Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

98.

Variance. Permission to depart from the literal requirements of the zoning ordinance. See section 1.3(E).

99.

Waters. As defined in R.I. Gen. Laws § 46-12-1(23).

100.

Yield plan. A plan of a conventional (as opposed to a conservation) subdivision that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land in compliance with this ordinance, taking into account land unsuitable for development. No lot shall be considered buildable unless it can be shown to have a minimum of one acre (43,560 sq. ft.) of contiguous, accessible land that is free of wetlands, water bodies, street rights-of-way, and electrical power line easements.

101.

Zoning certificate. A document signed by the zoning inspector that acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this zoning ordinance, or is an authorized variance, special use, or modification.

102.

Zoning inspector. A person elected by the people of the Town of Exeter who is charged with the responsibility of enforcing the provisions of this zoning ordinance and recording all amendments of the ordinance on the record copy of the zoning ordinance.

103.

Zoning map. The map that is part of this zoning ordinance and that delineate the boundaries of all mapped zoning districts within the physical boundaries of the town.

104.

Zoning ordinance. The zoning ordinance enacted by the town council pursuant to Title 45, Chapter 24 of the General Laws that sets forth regulations and standards relating to the nature and extent of uses of land and structures, is consistent with the comprehensive plan, and includes the zoning map.

(Ord. of 5-25-00, § I; Ord. of 1-6-03(2), § 4; Amd. of 3-3-03; Amd. of 10-5-04; Amd. of 3-6-06, § 1; Ord. of 8-7-06, § 1; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 9-4-07, § 1; Amd. of 4-7-08; Amd. of 4-6-09; Ord. of 9-27-12, Exh. 1; Amd. of 10-6-14, § 1; Amd. of 9-4-18; Amd. of 2-4-19, § 3; Amd. of 4-5-21; Ord. of 3-9-23, § 1; Ord. of 12-4-23(1); Ord. of 1-6-25(1); Ord. of 5-5-2025(1))

After the effective date of this ordinance, no land shall be used and no building, structure or part thereof shall be used or erected unless in conformity with all of the regulations specified for the district in which it is located. Uses and structures, legally existing as of the effective date of this ordinance will be permitted to continue under the provisions of article III of this ordinance.

3.A. General provisions; divisions into districts. In order to carry out the purposes of this ordinance, the Town of Exeter divides the town into the following zoning use districts:

Residential district (RE-2)

Rural district (RU-3)

Rural district (RU-4)

Conservation - Recreation (CR-5)

Business district (B)

Light business/residential (LB/R)

Light industrial (LI)

Open space and public lands (OS/PL)

Groundwater protection overlay district (GWOL)

Planned districts (PD)

Planned village overlay district (PVOD)

3.B. General provisions: Variances.

A.

An application for relief from the literal requirements of the Exeter Zoning Ordinance because of hardship may be made by an owner, as defined herein, by filing with the zoning board clerk, an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zoning board clerk shall immediately transmit each application received to the zoning inspector and shall transmit a copy of each application to the Exeter Planning Board. The board shall conduct a public hearing on the application in a timely manner.

B.

In granting a variance, the Exeter Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

1.

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.

2.

That the hardship is not the result of any prior action of the applicant.

3.

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent of purpose of the Exeter zoning ordinance.

C.

The Exeter Zoning Board of Review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

1.

In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Exeter Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

2.

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that the relief sought is reasonably necessary for the full enjoyment of the use to which the property will be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

D.

An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

E.

Expiration. A variance granted under this section shall expire 18 months after the date of the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a dimensional or use variance granted under this section provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee. The board may approve a timely submitted request for an extension by a majority vote.

3.C. General provisions: Special use permits.

A.

An application for the issuance of a special use permit may be made by an owner, as defined herein, by filing with the zoning board clerk an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zone use table in article II specifies the uses requiring special use permits in each district. Only such uses as specified in the table shall be eligible to receive a special use permit in each respective district. The zoning board of review or the planning board shall conduct a public hearing on the application in a timely manner.

The zoning board clerk shall immediately transmit each application received to the zoning board of review and to the planning board.

B.

An applicant for a special use permit shall demonstrate to the satisfaction of the zoning board by presenting competent evidence that the proposed use or structure:

1.

Will be environmentally compatible with the neighboring uses and will not adversely affect the surrounding residents' use and enjoyment of their property;

2.

Will be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.

3.

Will be compatible with the orderly growth and development of the Town of Exeter, and will not harm the environment.

4.

That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety and circulation; and that if the evidence indicates potential for soil erosion or sedimentation, impact on water quality or quantity, inadequate stormwater management, inadequate wastewater disposal, or unsafe traffic or pedestrian circulation, measures will be taken to mitigate or prevent those potential harms.

C.

An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

D.

Expiration. A special use permit granted under this section shall expire 18 months after the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a special use permit granted under this section, provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee.

3.D. General provisions: Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after a public hearing under the zoning ordinance, the Exeter Zoning Board of Review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the Exeter Comprehensive Plan and the Exeter Zoning Ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Special conditions shall be based on competent credible evidence on the record and may include, but are not limited to, provisions for:

A.

Minimizing adverse impact of the development upon other land, including the type, intensity, design, density and performance of activities;

B.

Controlling the sequence of development, including when it must be commenced and completed;

C.

Controlling the duration of use or development and the time within which any temporary structure must be removed;

D.

Ensuring satisfactory installation and maintenance of required public improvements;

E.

Designating the exact location and nature of development; and

F.

Establishing detailed records by submission of drawings, maps, plats or specifications.

3.E. General provisions: Public hearings before the zoning board of review.

A.

The zoning board shall conduct a public hearing on an application for a variance or special use permit in a timely manner. The zoning board of review shall conduct a public hearing on an appeal from a determination by the zoning inspector or administrative officer within 65 days of the date the appeal was filed. A competent stenographer shall take the minutes of each public hearing.

B.

The zoning board of review shall give notice of each public hearing at least 14 days before the date of the hearing in a newspaper that circulates in Exeter. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing.

C.

The clerk of the zoning board of review shall send notice by first class mail, postage prepaid, at least 14 days before the date of the hearing, to the applicant and to:

1.

The owners of property within 200 feet of the property that is the subject of the application.

2.

The town council of any town adjacent to Hopkinton, if the subject property is located within 200 feet of the boundary of that town.

3.

Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage.

D.

At least 14 days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.

E.

Any party may appear in person or by agent or by attorney. Participation in a public hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law.

3.F. General provisions: Decisions of the zoning board of review.

A.

The zoning board of review shall render a decision on each application or appeal within 15 days of the day the public hearing is closed. The written decision shall be posted immediately in the town clerk's office, in a location visible to the public. The date of posting shall be noted on the document. A decision granting a variance or special use permit also shall be recorded in the land evidence records.

B.

The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.

C.

Within one day of the date the decision was posted, the zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address. The decision shall be sent by any method that provides confirmation of receipt. The clerk also shall provide a copy of the written decision to the zoning inspector.

3.G. General provisions: Creation of vested rights. An application shall be vested for the purposes of this ordinance as follows:

A.

Where planning board or zoning board approval is not required, an application is vested when the building official issues a building permit. The application is vested under the zoning ordinance and regulations in effect on that date.

B.

Where only planning board approval is required for development, an application is vested on the date the administrative officer certifies as complete the application for the first formal stage of review. The application is vested under the zoning ordinance and regulations in effect on the date of certification.

C.

Where only zoning board approval is required, an application is vested on the date the administrative officer or the zoning inspector determines that the application is complete. The applicant is vested under the zoning ordinance and regulations in effect on the date of certification.

D.

If an applicant seeks to create vested rights under a newly adopted or amended ordinance or regulation, the applicant shall withdraw the previous submission and submit a new application, with all required supporting data, to the appropriate reviewing authority. The newly submitted application shall be vested according to this section.

3.H. General provisions: Publication and availability of the Exeter Zoning Ordinance.

A.

Printed copies of the Exeter Zoning Ordinance and zoning map shall be available to the general public and shall be revised to include all amendments. A reasonable charge shall be made for copies to reflect printing and distribution costs.

B.

Upon publication of the Exeter Zoning Ordinance and zoning map, and any amendments thereto, the Exeter Town Clerk shall send a copy, without charge, to state law library.

(Amd. of 3-3-03, §§ 2, 3, 5; Ord. of 9-27-12, Exh. 1; Amd. of 1-7-19; Amd. of 4-1-19; Ord. of 12-4-2023(1))

1.4.1. Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.

1.

Purpose. The purposes of this section are:

A.

To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;

B.

Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;

C.

Support the merging of modern technology with traditional agricultural operations;

D.

Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;

E.

Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;

F.

Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;

G.

To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community;

H.

Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed; and

I.

Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.

2.

Prohibitions; Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:

A.

On site, uncovered stockpiling of greenhouse waste.

B.

Growing or processing of cannabis.

C.

Anaerobic Digester Biogas Power Plants.

3.

Review procedure; Tier II Greenhouse. Shall be subject to the following review and approval by the planning board:

A.

"Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations Section 2.5 entitled "Development Plan Review."

B.

"Light pollution mitigation plan." Supplementing the elements of "development plan review" (DPR), the applicant shall present a "light pollution mitigation plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.

4.

Eligibility; Tier III/CEA Facility Greenhouse. The subject proposal must conform with ALL of the following:

A.

The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and

B.

The entirety of the facility shall be located within an RU-3 zoning district; and

C.

The property shall have access and egress and contain the minimum improved frontage on at least one of the following state arterial roadways:

i)

R.I. Route 2

ii)

R.I. Route 102

iii)

R.I. Route 3; and

D.

The subject parcel must have a minimum lot size of no less than 40 acres; and

E.

Will not result in removing more than 20 percent an existing tree canopy of ten-inch diameter trees (ten-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and

F.

Has been in agricultural use and production for the last five consecutive years as verified by the filing of a Schedule F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.

5.

Review procedure; Tier III/CEA Facility Greenhouses. Shall be subject to the following review and approval by the planning board:

A.

"Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review."

B.

"Enhanced development standards" shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 (5—8) Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.

6.

Project review fees; Tier III/CEA Facility Greenhouses. A project review fee shall apply to review by outside consultants due to the projects size, scale or expertise needed to address the project's potential impacts and/or because the town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the town for such consultant. In hiring outside consultants, the town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III/CEA Facility." Project review fees are to be funded by the applicant separate from, and in addition to, fees imposed by the town for application and inspection.

7.

Minimum design standards; Tier III/CEA Facility Greenhouse. The application shall conform with all of the following design criteria:

A.

The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and

B.

The greenhouse shall be considered the primary use of the property; and

C.

The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent of interior lighting within the facility shall be visible from the boundaries of the property. Exterior lighting of the building(s), parking lot(s), and loading docks shall be Dark Sky compliant; and

D.

The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and

E.

Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, C02 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.

8.

Dimensional standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following:

A.

Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent of the total square footage of the greenhouse; and

B.

Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.

C.

The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, Zoning, Article XIII. - entitled Maximum Lot Coverage Of All Buildings.

D.

The height of a CEA shall not exceed 35 feet.

E.

All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.

F.

The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review AND Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. Special provisions section 1.4.1(9) entitled "Enhanced Development Standards" as determined by the planning board.

9.

Enhanced development standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following design criteria:

A.

Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the comprehensive plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.

B.

Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.

C.

Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how they plan to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. Specifically, verify that the water recycling plans is compliant with the State Rhode Island Department Environmental Management Regulations as well as pertinent state and federal laws. (Subject to peer review).

D.

Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also validate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).

E.

Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access egress plan for all proposed (driveways and walkways) to demonstrate no negative impact to traffic and safe access to the subject property. Should the study warrant the applicant of the development shall be responsible for any necessary road upgrades.

F.

Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.

G.

Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, C02 systems, ventilation fans and waste disposal.

H.

Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, C02 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a ten db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns

I.

Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.

J.

Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.

4.A. Special provisions; modification.

A.

The zoning inspector shall be authorized to grant approve modifications of no more than 15 percent for dimensional requirements applicable to front, side, and rear yards. The table below shows the dimensional regulations and the maximum modification allowed.

B.

Within ten days of receipt of a request for a modification, the zoning inspector shall approve the modification if he or she finds that the following criteria are satisfied:

1.

The modification is reasonably necessary for the full enjoyment of a permitted use;

2.

The modification will not substantially injure or substantially impair the appropriate use of neighboring property;

3.

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

4.

The modification requested does not violate any rules or regulations with respect to freshwater wetlands.

If the modification is five percent or less, the zoning inspection has the authority to grant a permit for the modification without public notification. If the modification is more than five percent, notice of the modification request shall be published in a newspaper that circulates in Exeter and shall be sent by first class mail to the owners of property abutting the property that is the subject of the modification request. The notice, which shall include the street address of the property, shall state that the modification will be granted unless written objection is received within 14 days. If an objection is received, the modification request shall be submitted to the zoning board of review as a request for a dimensional variance. If no objection is received, the zoning inspector shall issue a modification permit. The zoning inspector may apply any special conditions to the permit that are necessary to ensure that the modification complies with the intent and purposes of the zoning ordinance. The zoning inspector shall keep a record of all requests for modifications, determinations, objections received, and special conditions applied to any modification permit. The cost of any notice required shall be borne by the applicant.

4.B. Special provisions; land development projects.

A.

Land development projects which are projects in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures including, but not limited to, planned development for residential, commercial, institutional, industrial, recreational, open space and/or mixed uses as may be provided for in the zoning ordinance.

B.

All open land provided by land development projects for public or common use, shall either (1) be conveyed to the town and accepted by it for park, open space, agricultural or other specified use or uses, or (2) be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or (3) be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units; or (4) remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry, and, in accordance with the comprehensive plan and zoning ordinance, that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources. In any case, where the land is not conveyed to the town, a restriction or conservation easement enforceable by the town shall be recorded, providing that the land shall be kept in the authorized conditions(s) and not be built upon or developed for accessory uses such as parking or roadway without prior town approval.

The planning board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the comprehensive plan.

C.

Rural residential compounds.

1.

Objectives and applicability. The objective of the rural residential compound is to provide for flexibility of design for residential development and to allow a better relationship between residential development and the natural, historic and rural characteristics of the land. Lots may contain less than the frontage and provide flexibility in the front, side, and rear yard setback requirements as prescribed by this ordinance for the underlying district provided that the requirements of this section are met. See section 2.4.3

2.

Purpose and review process.

a)

Residential compounds are intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to conventional land development and subdivisions.

b)

Residential compounds Residential compounds require planning board approval as land development projects.

3.

Permitted uses. The permitted uses applicable to residential compounds shall be only those residential uses listed as permitted in the applicable zoning district in which the residential compound is located, as set forth in section 2.4 of the zoning ordinance.

4.

Density calculation and dimensional regulations.

a)

The maximum number of building lots allowable in a residential compound shall not exceed one lot per ten acres of land, and no fewer than two building lots.

b)

The planning board may allow flexible lot width or frontage requirements for lots within a rural residential compound, provided however, that no building lots shall be reduced in area to less than one acre. The planning board may reduce those areas or portions of lots within the minimum prescribed front-rear-side yard setbacks, known as building envelopes, to designate an appropriate area for the siting of a house.

Editor's note— Subsection 1.4.C.4.b) was amended in 2004 by the conservation development ordinance.

5.

General requirements.

a)

A parcel proposed for development as a residential compound shall have frontage on a town-accepted street. Such frontage shall be a minimum of 50 contiguous feet.

b)

Each proposed lot must contain a minimum of one acre of land exclusive of land unsuitable for development as defined in section 1.2 herein.

c)

No lot, which has been reduced in size or acreage after the adoption of this ordinance, shall be developed as a rural residential compound. No lot or parcel that has been developed as a residential compound shall be further subdivided or reduced in size. This provision shall not prevent the development in incremental stages of a parcel as a residential compound as long as each component lot shall not be changed after having received final approval from the planning board.

6.

Open space. At least 50 percent of the total land area of the parcel proposed for development shall be designated as permanent open space in accordance with the provisions of the town land development and subdivision regulations. To the extent possible, the proposed open space shall be contiguous. Any land within a rural residential compound not designated as a building lot shall be protected against future development and environmental damage in perpetuity by conveying to the town or other appropriate legal entity, an open space conservation easement restricting the future use and alteration of the area as provided below.

Ownership of the open space shall be set forth in one or more of the following ways subject to planning board approval and authorization:

•

Conveyance to the town for specific open space or recreational purposes provided the need for such is documented in the comprehensive plan;

•

Conveyance to an appropriate nonprofit legal entity, the principal purpose of which is the conservation of natural resources and open space;

•

Conveyance to a corporation or trust owned or to be owned by the owner(s) of one or more of the lots within the development. There are two options for the ownership of the open space.

Option 1: Each owner will have an undivided interest in and to those open space lots and ownership shall pass with conveyances of the lots or units.

Option 2: One landowner may own all the permanent preserved open space for agricultural or other town accepted uses.

1)

The open space lot created shall be protected against future development and unauthorized alterations in perpetuity by appropriate deed restrictions and conservation easements. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway. The planning board shall approve the form and content of any such restrictions and easements at the time of final approval of the residential compound.

2)

Any buildings, structures, parking areas or impervious improvements associated with open space use may be located on the open space lot, or lots, provided however, that any structure is within keeping the lot, or lots, as part of the open space. The planning board shall approve the facility and location of all such facilities and their design in terms of massing, scale and materials.

3)

The owner(s) of the open space lot, or lots, shall guarantee perpetual maintenance by appropriate deed restrictions and easements and the planning board shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provisions:

a.

If the building lot owners and/or their open space lot owners, and/or their successors or assigns fail to maintain the open space lot, or lots, the Town of Exeter may, at its option and its sole discretion, perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action of law or in equity against the building lot owners and/or their open space lot owners or their successors or assigns.

4)

Any rural residential compound approved under this regulation shall be exempt from the subdivision land dedication requirements for open space and/or a fee in lieu of open space.

7.

Design and improvement standards.

a)

Private roads and drainage improvements within the parcel to be developed as a residential compound shall be privately owned and maintained in common by the residents of the residential compound. At the time of final approval, the planning board shall approve the form and content of the following legal document to be recorded contemporaneously with the final plat:

1)

A covenant by the owner of the parcel, binding on his successors and assigns, that the town shall not be asked or required to accept or maintain the private roads within the parcel that do not meet the engineering and design requirements for town-accepted roads, for a minimum of 99 years from the date of recording; or, if only a lesser period is legally enforceable, for that period with as may automatic renewals as are necessary to total 99 years. Such restrictions shall state that all expenses for improvements to private roads to meet town requirements including a town road, shall be born by the owners of the property, including such improvements which may be deemed necessary for public use should the property owners wish a private roadway be made a town-accepted road.

2)

A document or documents establishing the method of ownership and providing for the maintenance of the private roads and drainage improvements.

b)

Private roads and appropriate drainage facilities within a residential compound shall be designed, constructed and inspected in compliance with the town land development and subdivision regulations as specified for residential compounds. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if the private road will be used by persons other than the residents of the compound.

c)

If the planning board determines that an existing private road, which is proposed to be used as access from the compound to a town-accepted road, is not adequate for public health, safety and welfare purposes, the planning board shall have the authority to require improvements to the private road, provided that the applicant shall demonstrate to the boards satisfaction that he/she has legal authority to construct such improvements. Such improvements may include improved pavement surface, increased pavement width, increase in depth below finished grade for removal of boulders or ledge, improvements in the grade of ascent or descent, surface water run-off control, natural water flow protection or drainage improvements. Any such professional engineer and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed plat. No final approved plat shall be endorsed or recorded and building permits issued for any property in rural residential compounds until such required improvements are completed.

d)

Private roads, drainage, and other improvements within a residential compound may be bonded pursuant to the town land development and subdivision regulations.

8.

Approval process. The planning board shall review residential compounds as land development projects, as provided in section 5.2 of the land development and subdivision regulations.

Approval of a rural residential compound shall be granted only upon the planning board's determination that the plan preserves open space; utilizes the natural features of the land, allows for more efficient provision of access, provides for stability and appropriate long term safety and capacity of the road system including both internal and external roads of the residential compound, be they private roads, shared driveways, public ways, or town-accepted roads; and preserves the aquifer overlay district and the rural character of the land.

Rural residential compounds are to be allowed by the planning board only when a subdivider can demonstrate to the board that such development would be a better use of the land than a conventional subdivision and is in the best interests of the residents of the town. To this end, the planning board may require the subdivider to provide an alternate plan or plans for developing the land as a conventional subdivision.

The final plan approved by the planning board and recorded in the land evidence records of the town shall contain the following statement: "These premises are subject to the restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."

D.

Conservation developments.

1.

Purpose. The purposes of this section, conservation developments, are:

A.

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, wetlands, aquifers and their recharge areas, and agricultural lands, by setting them aside from development;

B.

To preserve historical and archaeological resources;

C.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;

D.

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

E.

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the comprehensive plan,

F.

To provide reasonable incentives for the creation of a greenway system within the town;

G.

To implement adopted land use, transportation and community service policies, as set forth in the comprehensive plan,

H.

To protect areas of the town with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

I.

To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

J.

To provide for the maintenance of open land set aside for active or passive recreational use, storm water drainage or conservation lands;

K.

To conserve and create scenic views and preserve the rural character of the town;

L.

To provide a buffer between new development and existing streets and neighborhoods.

2.

Approval procedure. The planning board may approve, as a land development project, a conservation development in all residential zoning districts. Application for all conservation development land development projects shall be made in accordance with the procedures of the town's land development and subdivision regulations, whether a subdivision or not.

3.

Permitted uses. Permitted uses in a conservation development include:

A.

Residential dwelling units as herein provided and accessory uses customarily incidental and subordinate thereto; and

B.

Open space, which is set aside for recreation, conservation, agricultural use or for preservation of valuable or sensitive features or structures.

The following residential uses are permitted (Y) in a conservation development:

Use Category as provided in section 2.4 zoning use table

1.

Single-family structures

2.

Home occupations

3.

Signs permitted in article VI, accessory to primary use

4.

Parking as required in article V, accessory to primary use

5.

Accessory use as defined in article IV, section 1

In addition, two-family dwelling structures are allowed by special use permit in a conservation development.

4.

Maximum density for conservation development. The maximum density for a conservation development shall not exceed the number of lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a yield plan as defined in section 2.0 of the land development and subdivision regulations, and as further described in section 5.8 (the basic maximum number of dwelling units), plus any incentive dwelling units. Provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.3 above the basic maximum number where granted a zoning incentive as provided in subsection 5, below.

5.

Zoning incentives. No zoning incentives pursuant to this section shall be permitted in aquifer overlay zoning districts. In all other districts where permitted, the planning board may approve a conservation development with the following zoning incentive:

A.

Where the planning board determines that the amount of open space area provided in the entire conservation development exceeds the minimum required amount as required in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: Maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the comprehensive plan. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one. Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two bedrooms.

In computing the number of incentive dwelling units, all figures shall be rounded down to the nearest whole number. Incentives shall be granted in accordance with section 5.17 of the land development and subdivision regulations.

6.

Modification of lot requirements. Applicants are encouraged to modify lot area, shape, and other dimensional characteristics within a conservation development. A conservation development may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Where dwellings are proposed to be located on individual lots, the following minimum dimensional regulations shall be applicable to dwellings within a conservation development.

Note: The planning board may authorize, through a request for waiver, modifications to the above lot frontage and width as provided in section 2.4.3 of the zoning ordinance.

7.

Uses permitted within open space areas. The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management, and agricultural purposes. Stormwater drainage areas may also be allowed if permitted by the planning board in accordance with sections 5.12—5.13 of the land development and subdivision regulations.

4.C. Special provisions; preapplication conference. A preapplication conference shall be held at the request of the zoning inspector or the applicant to:

A.

Acquaint the applicant with the Exeter comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;

B.

Suggest improvements to the proposed design on the basis of a review of the sketch plan;

C.

Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

D.

Help the applicant to understand the steps to be taken to receive approval.

4.D. Comprehensive permit for low- or moderate-income housing.

1.

Authority to grant a comprehensive permit. In accordance with Title 45, Chapter 53 of the R.I. General Laws, the R.I. Low and Moderate Income Housing Act, as amended (the Act), the planning board has been designated as the local review board and shall have the authority to issue a comprehensive permit to build a qualifying low or moderate income housing project.

2.

Definitions. The following words, wherever used in this section, unless a different meaning clearly appears from the context, have the following meanings:

(1)

Adjustment means a request by the applicant to seek relief from the use and dimensional requirements of the zoning ordinance or the design standards and requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is in R.I. Gen. Laws § 45-53-9 4(D)(2)(iii)(E)(II).

(2)

Comprehensive plan means the comprehensive plan adopted and approved by the Town of Exeter pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws.

(3)

Consistent with local needs means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in Exeter affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of Exeter, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the Exeter zoning ordinance and the Exeter land development and subdivision regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:

(a)

Low- or moderate-income housing exists that is:

(i)

In the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise 25 percent or more of the year-round housing units, is in excess of 15 percent of the total occupied year-round rental units; or

(ii)

In the case of all other cities or towns, is in excess of ten percent of the year-round housing units reported in the census.

(b)

The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan that has been adopted and approved pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent of the year-round housing units or 15 percent of the occupied year-round rental housing units.

(c)

Multi-family rental units built under a comprehensive permit may be calculated towards meeting the requirements of a municipality's low- or moderate-income housing inventory, as long as the units meet and are in compliance with the provisions of R.I. Gen. Laws § 45-53-3.1.

(4)

Infeasible means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for an applicant to proceed in building or operating low or moderate income housing within the limitations set by the subsidizing agency of government or the planning board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

(5)

Low or moderate income housing means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable that will remain affordable through a land lease and/or deed restriction for 99 years from initial occupancy. Low or moderate income housing is synonymous with affordable housing.

(6)

Affordable housing plan means the component of the housing element of the Exeter comprehensive plan to meet housing needs, prepared in accordance with guidelines adopted by the state planning council and meeting the provisions of R.I. Gen. Laws § 45-53-4(b)(1) and (c).

(7)

Approved affordable housing plan means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in R.I. Gen. Laws §§ 45-22.2-8, 45-22.2-9, or 45-22.2-12.

(8)

Letter of eligibility means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with R.I. Gen. Laws § 42-55-5.3(a).

(9)

Local review board means the planning board.

(10)

Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least twenty percent of the total residential units approved by a local review board in a calendar year are for low and moderate-income housing as defined in R.I. Gen. Laws § 42-28 128-8.1.

(11)

Monitoring agents means those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to R.I. Gen. Laws § 45-53-3.2 to provide the monitoring and oversight set forth in R.I. Gen. Laws §§ 45-53-3.2 and 45-53-4.

(12)

Municipal government subsidy means assistance that is made available by the Town of Exeter sufficient to make housing affordable. Such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density and other adjustments, and any combination of forms of assistance.

3.

Application procedure. An applicant proposing to build low- or moderate-income housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25 percent of the dwelling units will be low- or moderate-income housing, and in which at least 50 percent of the units of those units are restricted to households with an income at or below 80 percent of the area median income. The application and review process for a comprehensive permit shall be as follows:

(a)

Fees and costs. Application fees shall be the same as the application fees listed in the land development and subdivision regulations for a major land development project. The applicant shall be responsible for the advertising and postage costs for public hearing notice. The applicant shall be responsible for project review fees as provided in the land development and subdivision regulations.

(b)

Preapplication conference. The applicant shall request a preapplication conference with the planning board. The applicant shall be required to submit only the following information:

(i)

An application form for preapplication review;

(ii)

A brief written description of the project that includes the number of dwelling units, type of housing, a density analysis, and a preliminary list of adjustments needed;

(iii)

A location map;

(iv)

A conceptual site plan.

The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required. The administrative officer shall schedule the pre-application conference upon submission of the required material. If the pre-application conference does not take place within thirty days of the date the application is submitted, the applicant may submit an application for preliminary plan review.

(c)

Preliminary plan application. The applicant shall submit the following material for preliminary plan review:

(i)

A completed comprehensive permit application form.

(ii)

A letter of eligibility issued by the R.I. Housing and Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agency, an award letter indicating the subsidy.

(iii)

A proposed timetable for the commencement of construction and completion of the project.

(iv)

The preliminary plan checklist for a major land development project in the land development and subdivision regulations and all the items required by the checklist except state or federal permits.

(d)

Certification. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.

The administrative officer shall schedule a public hearing on the application as soon as practicable after issuing the certification of completeness. The notice requirements for a public hearing on a major land development project shall apply. A competent stenographer shall take the minutes of each public hearing.

Notwithstanding the submission requirements above, the planning board may request additional, reasonable documentation during the public hearing, including but not limited to opinions of experts, credible evidence that applications have been filed for necessary federal or state permits, or recommendations from other boards, commissions, or officials.

4.

Mandatory adjustments. The planning board shall approve adjustments to the requirements of the zoning ordinance, land development and subdivision regulations, and other municipal ordinances and regulations to offsent the cost of constructing the low and moderate income dwelling units. The following adjustments are mandatory:

(a)

If the applicant can demonstrate to the planning board that the R.I. department of environmental management will approve the required on-site wastewater treatment systems, and that Town water is available to the site or that on-site wells will provide the water adequate to serve the proposed dwelling units, the provisions of the zoning ordinance concerning residential density shall be adjusted as follows:

25-five percent of the dwelling units will be low or moderate income, the minimum residential density is three dwelling units per acre.

(ii)

In development in which 50 percent of the dwelling units will be low or moderate income, the minimum residential density is five dwelling units per acre.

(iii)

In developments in which 100 percent of the dwelling units will be low or moderate income, the minimum residential density is eight dwelling units per acre.

(b)

No more than one off-street parking space shall be required for a dwelling unit with one or two bedrooms.

(c)

An applicant shall not be required to reduce the number of bedrooms in any dwelling unit to fewer than three.

(d)

An applicant shall not be required to reduce the area of any room in a dwelling unit below the requirements of the R.I. Building Code or the R.I. Housing Maintenance and Occupancy Code.

5.

Preliminary plan approval.

(a)

The planning board shall approve or deny the application within 90 days of the day the preliminary plan submission was certified as complete, unless the applicant consents in writing to an extension of time. If a timely decision is not made, the application will be considered approved and the administrative officer shall issue a preliminary plan approval at the request of the applicant.

(b)

To approve a comprehensive permit application, the planning board must find that the application satisfies the requirements below. The planning board must include in its decision findings of fact based on legally competent evidence in the record. The decision must specify the evidence on which each finding is based.

(i)

The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Exeter's affordable housing plan.

(ii)

The development complies with the zoning ordinance and land development and subdivision regulations, or, if adjustments have been granted from the provisions of the ordinance or regulations, the need for low- or moderate-income housing outweighs the impact of the adjustments.

(iii)

The low- and moderate-income dwelling units will be integrated throughout the development, will be similar in scale and architectural style to the market rate units, and will be built and occupied before or at the same time as the market rate units.

(iv)

The development as approved will not have any significant negative effects on the health and safety of current or future residents of Exeter in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of Exeter.

(v)

All of the buildings in the development will have adequate and permanent physical access to a public street.

(vi)

None of the building lots will have physical constraints to development that would make construction on those lots impracticable.

(c)

The planning board has the same authority to issue permits or approvals as any town board or official who would otherwise act with respect to the application, including, but not limited to, the authority to impose conditions on the approval, and the authority, consistent with the terms of the Act, to determine building height, size or shape; the site plan; and the building materials. If the planning board proposes conditions to be placed on the approval that the applicant believes would make the development infeasible, the planning board shall give the applicant a reasonable period of time to respond to the proposed conditions before the planning board votes to impose the conditions. The burden is on the applicant to show that the conditions would make the development infeasible.

(d)

If Exeter has an approved affordable housing plan and is meeting local needs, the planning board shall:

(i)

Limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in Exeter, as recognized in the affordable housing plan.

(ii)

Have the authority to consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

(e)

A majority vote of the planning board members present is necessary for approval.

(f)

The planning board's written preliminary plan decision shall be recorded in the land evidence records within 20 days of the day the planning board votes. Within one day of recording, a copy of the decision shall be mailed, by any method that provides confirmation of receipt, to the applicant and to any other person who has made a written request to receive it.

(g)

The approved Preliminary Plan expires two years after the date of approval. The applicant may request two one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.

(h)

The planning board may deny approval of the application for any of the following reasons:

(i)

Exeter has an approved affordable housing plan, has made significant progress in implementing the approved affordable housing plan, is meeting local housing needs, and the proposed development is inconsistent with the approved affordable housing plan.

(ii)

The proposed development is not consistent with local needs, including but not limited to the needs identified in the approved comprehensive plan or the zoning ordinance.

(iii)

The proposed development is not in conformance with the comprehensive plan.

(iv)

Exeter has plans to make ten percent of the total occupied year-round housing low- or moderate-income housing, and has achieved that goal or has made significant progress toward meeting that goal.

(v)

The proposed development may negatively impact the environment and the health and safety of current Exeter residents and the applicant has not adequately addressed those concerns.

6.

Final plan approval.

(a)

Final plan approval is administrative; provided, however, that the applicant may be required to return to the planning board for final plan approval if the planning board has waived submission at preliminary plan review of any required information, if the application does not satisfy conditions of the preliminary plan approval; if the application does not include all the required material; or the applicant has proposed a major change to the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. The applicant shall submit the following material to the administrative officer for final plan approval:

(i)

All required state and federal permits; provided, however, that the administrative officer shall have the authority to require submission of state and federal permits before the first building permit is issued rather than at final plan submission.

(ii)

A draft agreement with a monitoring agent appointed by the R.I. Housing Resources Commission that will ensure that each low- or moderate-income dwelling unit is sold, leased, owned or occupied in compliance with the recorded affordability restrictions.

(iii)

A draft land lease or deed restriction with affordability liens that restricts the use of the property to low- or moderate-income housing in conformance with R.I. Housing and Mortgage Finance Corporation Guidelines for at least 99 years.

(iv)

The Final Plan checklist for major land development projects in the land development and subdivision regulations and all the items required by the checklist.

(v)

Arrangements for completion of the required public improvements, including financial guarantees.

(b)

The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.

(c)

The administrative officer shall approve the final plan within 45 days of the date it was certified as complete unless the applicant is required to return to the planning board for final approval. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan.

(d)

If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a final plan approval at the request of the applicant.

(e)

The approved final plan expires two years after the date of approval. The applicant may request a one-year extension, and must appear before the planning board to request the extension. The planning board may approve further extensions for good cause. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of Final Plan approval are vested until the final plan expires.

7.

Appeal.

(a)

The applicant or any person aggrieved by the decision of the planning board may appeal to the Washington County Superior Court within 20 days of the date the board's written decision was recorded in the land evidence records pursuant to R.I. Gen. Laws § 45-53-5.1.

(b)

If the Superior Court remands the application to the planning board, the board shall hear the remanded application within 30 days of the day it was received.

4.E. Special provisions: Greenhouse Tier II and Greenhouse Tier III /CEA Facility.

1.

Purpose. The purposes of this section are:

A.

To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;

B.

Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;

C.

Support the merging of modern technology with traditional agricultural operations;

D.

Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;

E.

Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;

F.

Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;

G.

To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community and:

H.

Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed.

I.

Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.

2.

Prohibitions. Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:

A.

On site, uncovered stockpiling of greenhouse waste.

B.

Growing or processing of cannabis.

C.

Anaerobic Digester Biogas Power Plants.

3.

Review Procedure. Tier II Greenhouse - Shall be subject to the following review and approval by the Plam1ing Board:

A.

Minor land development. The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a minor land development plan.

B.

Light Pollution Mitigation Plan. The applicant shall present a "Light Pollution Mitigation Plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.

4.

Eligibility. Tier III/CEA Facility Greenhouse - The subject proposal must conform with ALL of the following;

A.

The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and

B.

The entirety of the facility shall be located within an RU-3 zoning district; and

C.

The property shall have access and egress and contain the minimum improved frontage on at least ONE of the following State arterial roadways:

(i)

R.I. Route 2.

(ii)

R.I. Route 102.

(iii)

R.I. Route 3.

D.

The subject parcel must have a minimum lot size of no less than 40 acres; and

E.

Will not result in removing more than 20 percent an existing tree canopy of 10 inch diameter trees (10-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and

F.

Has been in agricultural use and production for the last five consecutive years as verified by the filing of a SCHEDULE F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.

5.

Review procedure. Tier III/CEA Facility Greenhouses - Shall be subject to the following review and approval by the Planning Board:

A.

Major land development - The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a major land development plan.

B.

"Enhanced Development Standards" - shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. - ADMINISTRATION PROCEDURES 1.4.1 (5-8) Special provisions; Greenhouse Tier II and Greenhouse Tier III /CEA Facility.

6.

Project review fees. Tier III/CEA Facility Greenhouses - A project review fee shall apply to review by outside consultants due to the project's size, scale or expertise needed to address the project's potential impacts and/or because the Town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the Town for such consultant. In hiring outside consultants, the Town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the Board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. ADMINISTRATION PROCEDURES 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III /CEA Facility. Project Review Fees are to be funded by the applicant separately from, and in addition to, fees imposed by the Town for application and inspection.

7.

Minimumd design standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:

A.

The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and

B.

The greenhouse shall be considered the primary use of the property; and

C.

The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent (I%) of interior lighting within the facility shall be visible from the boundaries of the property. all exterior lighting fixtures shall have the International Dark-Sky Association (IDA) Fixture Seal of Approval;

D.

The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and

E.

Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, CO2 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.

8.

Dimensional standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following:

A.

Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent (10%) of the total square footage of the greenhouse; and

B.

Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.

C.

The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, ZONING, ARTICLE XIII. - entitled MAXIMUM LOT COVERAGE OF ALL BUILDINGS.

D.

The height of a CEA shall not exceed 35 feet.

E.

All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.

F.

The overall design shall meet or exceed the criteria and standards established in the subsection 9 of this section, below, as determined by the Planning Board.

9.

Enhanced development standards. Tier Ill/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:

A.

Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the Comprehensive Plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.

B.

Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying that the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.

C.

Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how the applicant plans to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. The applicant must specifically verify that the water recycling plan is compliant with the Rhode Island Department of Environmental Management regulations as well as pertinent state and federal laws. (Subject to peer review).

D.

Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also v alidate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).

E.

Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access and egress plan for all proposed driveways and walkways to demonstrate no negative impact to traffic and safe access to the subject property. Should the study conclude that street upgrades are necessary, the applicant shall be responsible for any necessary road upgrades.

F

Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.

G.

Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, CO2 systems, ventilation fans and waste disposal.

H.

Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, CO2 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a 10db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns

I.

Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.

J.

Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.

4.E. Special provisions: Unified development review.

1.

Unified development review authorizes the planning board, rather than the zoning board of review, to approve variances and special use permits that are requested concurrently with an application for approval of a development plan or land development project. The purpose is to provide a more efficient and less costly method of obtaining approval of development that requires zoning relief.

2.

An applicant for development plan approval or land development project approval may request unified development review by submitting an application form for zoning relief with the application for development approval. The procedure for review and approval under unified development is contained in the land development and subdivision regulations.

3.

When considering an application for zoning relief, the planning board is bound by the same legal requirements and the same criteria for relief that would apply to the zoning board of review's consideration of applications. The planning board shall conduct a public hearing, shall take testimony under oath, and shall make findings of fact and conclusions of law. The planning board's decision on the zoning relief shall be conditional on its approval of the development project.

4.

An appeal from a decision by the planning board on a variance or special use permit may be taken pursuant to R.I. Gen. Laws § 45-23-71.

(Ord. of 5-25-00, § II; Ord. of 1-6-03(2), §§ 1—3, 5, 6; Amd. of 1-6-03(3); Amd. of 1-6-03(4); Amd. of 10-5-04; Amd. of 3-6-06, § 3; Ord. of 9-5-06; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 3-9-23, § 1; Ord. of 12-4-2023(1))

5.A. Adoption; power of council to adopt; consistency with comprehensive plan.

For the purpose of promoting public health, safety, morals and general welfare, the town council shall have the power to adopt, amend or repeal, and to provide for the administration, interpretation and enforcement of the the zoning ordinance. Amendments shall be consistent with the comprehensive plan.

5.B.

Adoption; application procedure.

A.

An application to amend the zoning ordinance shall be submitted to the planning board.

B.

If the application proposes an amendment to the zoning map, the applicant shall submit seven copies of a plan prepared by a professional engineer registered in Rhode Island. The plan shall show the area to be rezoned, shall be prepared to a scale sufficient to clearly show all of the information required, and shall include the following information:

1.

Name and address of the proposed development.

2.

Name and address of property owner and applicant.

3.

Name, address and telephone number of person or firm preparing application plan.

4.

Date of plan preparation, with revision date(s) (if any).

5.

Graphic scale and true north arrow.

6.

Plat and lot number(s) of the land being subdivided.

7.

Zoning district(s) of the subject property and the zoning requested. If more than one district, zoning boundary lines must be shown.

8.

Perimeter boundary line of the development, drawn so as to distinguish them from other property lines.

9.

Area of the development parcel and proposed number of buildable lots, dwellings structures or other proposed improvements.

10.

Location and dimension of existing property lines within or abutting the development parcel, easements and rights-of-way.

11.

Location, width and names of existing streets within and immediately abutting the development parcel.

12.

Names of abutting property owners and property owners immediately across any adjacent streets.

13.

Location of wooded areas and notation of existing ground cover.

14.

A map showing the existing and proposed boundaries, zoning districts/boundaries and existing streets and roads, their names and town boundaries where appropriate. This map will be advertised in a newspaper, it should be clear and reproducible.

15.

Location of wetlands, watercourses or coastal features present on and/or within 200 feet of the property being rezoned.

16.

Areas of agricultural use.

17.

Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the development.

18.

Proposed locations of wells and ISDS systems.

19.

Site suitability for collecting and discharging stormwater.

20.

Location of historic cemeteries on or immediately adjacent to the development (if any).

21.

Location of any unique natural and/or historic features, including stone walls.

22.

Notation on plan if the development parcel(s) are located within any of the following areas:

Natural heritage area (RIDEM); letter from DEM required for verification.

Groundwater protection overly district (town).

23.

Base flood elevation data.

24.

Identify wellhead protection area(s) within 500 feet of the development site.

25.

A summary and description of the proposed amendment or repeal including intended use(s) of the property.

26.

Any other information that the planning board deems necessary to evaluate the unique conditions of the proposed use or site.

C.

The following supplemental information shall be submitted with the plan:

1.

An aerial photograph of the proposed development parcel and surrounding area.

2.

A copy of the soils map of the development parcel and surrounding area. Use soil groupings from the comprehensive plan, and a general analysis of soil types and suitability for the development proposed. If any prime agricultural soils are within the development parcel(s), soils map shall be marked to show their location.

3.

An estimate of the approximate population of the proposed development.

4.

An estimate of the number of school-aged children to be housed in the proposed development.

5.

Proposed impact to town services including, but not limited to, roads, fire, police, and schools.

6.

Proposed phasing, if any.

7.

A vicinity (locus) map, drawn to scale of one-inch equals 400 feet, or as necessary to show the area within one-half mile of the development parcel showing the locations of all streets, existing lot lines, and zoning district boundaries. Significant public facilities shall be identified.

8.

An area context map to show the proposed developed site and the 500 feet immediately surrounding the site. The map shall contain information on all significant topographic, natural and build features.

9.

An estimate of existing and potential traffic volumes related to the proposal.

10.

Water supply.

D.

The applicant shall submit the application fee with the application and supporting documents.

E.

The administrative officer shall have 15 days from receipt of an application and the applicable application fee to determine if the application is complete. The administrative officer shall issue a certificate of completion or a certificate of incompletion with the incomplete items specified. The administrative officer may waiver of any application requirement that are not applicable to the proposal; provided, however, that the planning board shall have the authority to require an applicant to submit any additional information it determines to be necessary to assess the potential impact of the proposed zone change or to determine consistency with the comprehensive plan.

5.C.

Adoption: Planning board recommendation

A.

When the application is complete, the planning board shall have 45 days to submit its findings and recommendations to the town council.

B.

The planning board shall review the application to determine its potential impact on the public health, safety and welfare and its consistency with the comprehensive plan. For zoning ordinance amendment applications submitted by property owners and for zoning ordinance amendments proposed by the planning board, the planning board shall prepare a written recommendation to the town council. The recommendation to the town council shall include:

(i)

A determination of whether the amendment is consistent with the comprehensive plan, including but not limited to consistency with the goals and policies, the implementation program, and the future land use map;

(ii)

A statement of how the proposed amendment addresses each of the purposes of zoning in R.I. Gen. Laws § 45-24-30 that are applicable to the proposal; and

(iii)

A determination of the amendment's potential effects, if any, on the health, safety, and welfare of the town.

C.

If the planning board determines that the proposal is inconsistent with the comprehensive plan, the planning board may advise the town council that an amendment to the comprehensive plan is necessary before the town council can approve the proposal.

5.D.

Adoption: Town council public hearing.

A.

The zoning ordinance shall not be amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of the public hearing by publication of notice in a newspaper that circulates in Exeter at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. The newspaper notice shall:

B.

Before acting on the proposed amendment, the town council shall conduct a public hearing at which all interested person shall have an opportunity to be heard.

C.

The town council shall give notice of the public hearing by publishing the notice in a newspaper that circulates in Exeter at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. The notice shall:

1.

Specify the date, time, and place of the hearing;

2.

Indicate the adoption, amendment or repeal of the zoning ordinance is under consideration;

3.

Contain a statement of the proposed amendments amendment. to the ordinance. The amendments that amendment may be printed once in its entirety, or summarize and describe the matter under consideration;

4.

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copies; or copied; and

5.

State that the proposals shown thereon proposed amendments may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of during the hearing.

D.

At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the Town's website.

E.

Where a proposed amendment includes general changes in an existing zoning map, public notice shall be given as required by subsections A and B of this section. In addition, if the proposed text amendment would cause one or more lots to become nonconforming in area or frontage, written notice shall be mailed at least 14 days before the public hearing by first class mail to the owner of each lot that would become nonconforming. If article III of this zoning ordinance contains a section automatically merging nonconforming lots in the same ownership, the notice shall contain a copy of the merger section and shall state that adoption of the proposed amendment may cause a legal nonconforming lot to merge with an adjacent nonconforming lot if both lots are owned by the same person or persons.

F.

Where a proposed amendment includes a specific change in the zoning map, but does not affect districts generally, public notice shall be given as required by subsections B, and C of this section, with the additional requirements that the notice shall include a map showing the existing and proposed lot boundaries, existing and proposed zoning district boundaries, existing streets and roads and their names, and town boundaries. Written notice shall be sent by first class mail at least 14 days before the date of the public hearing to:

1.

The owners of real property within 200 feet of the property that is the subject of the amendment, whether located in Exeter or an adjacent town. The last known names and addresses of the property owners shall be obtained from current real estate tax assessment records.

2.

The town council of any town adjacent to Exeter if the subject property is located within 200 feet of the boundary of that town.

3.

The town council of any other town where a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within 2,000 feet of the subject property.

4.

The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Exeter building official a map survey showing those areas of surface water resources or watersheds and parcels of land.

5.

An individual or entity holding a conservation or preservation restriction on the property.

G.

No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.

H.

Costs of any notice required under this section shall be borne by the applicant. If the applicant mails notices required by this section, he or she shall submit to the town clerk an affidavit attesting to the mailing, a copy of the notice mailed, and the names and addresses of the property owners to whom it was mailed.

5.E.

Adoption: limitations and conditions.

A.

In granting a zoning ordinance amendment the town council may limit the change to one of the uses permitted in the zone to which the subject land is rezoned, and impose limitations, conditions and restrictions including, without limitation:

1.

Requiring the petitioner to obtain a permit or approval from any state or local governmental agencies or instrumentalities having jurisdiction over the land and use that are the subject of the zoning change.

2.

Those relating to the effectiveness or continued effectiveness of the zoning change.

3.

Those relating to the use of the land.

B.

The zoning inspector shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, however, in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning map until the zone change has become effective.

C.

If any limitation, condition or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

5.F.

Public notice registry.

A.

The town shall establish and maintain a public notice registry that enables anyone to register to receive electronic notice of any proposed or enacted amendments to the zoning ordinance.

B.

At least once a year, the town shall publish a notice of the availability of the public notice registry in a newspaper that circulates in Exeter.

C.

The town shall post notice of the availability of the public notice registry on the town website and provide a link that members of the public can use to register to receive notice.

D.

Notice provided through this registry does not qualify the recipient as an aggrieved party as that term is defined in article 2, section 1.2 of this ordinance.

(Ord. of 11-2-98(1); Ord. of 12-4-2023 (1))

6.A. Administration: Administration and enforcement of zoning ordinance. The official responsible for administration and enforcement shall be the zoning inspector. The zoning inspector is elected by the voters at each general election for a two-year term. The responsibilities of the zoning inspector shall include:

1.

The issuing of any required permits or certificates;

2.

Collection of required fees;

3.

Keeping of records showing the compliance of uses of land;

4.

Authorizing commencement of uses or development under the provisions of the zoning ordinance;

5.

Inspection of suspected violations;

6.

Issuance of violation notices with required correction action;

7.

Issuing permits for modifications; and

8.

Performing such other duties and taking such actions as may be assigned or designated elsewhere in this ordinance.

No building or structure shall hereafter be erected, enlarged or relocated, and no nonstructural use shall be initiated, until a zoning certificate has been issued by the zoning inspector indicating that the proposed use and the structure conforms to the provisions of this ordinance. The zoning inspector may require that information necessary to ensure compliance with the provisions of this ordinance be filed with the application for such permit.

No zoning certificate may be issued by the zoning inspector for any use not specifically permitted in this ordinance, except where the inspector receives a statement in writing from the zoning board of review indicating the granting of a special exception or variance or a written statement from the town council specifically referencing an amendment to the ordinance, except as specifically provided in section 6.A.6. below.

The zoning inspector shall retain a copy of each zoning certificate issued and one copy each shall be forwarded to the town clerk, the building inspector and the tax assessor. If the inspector denies a zoning certificate, within 15 days, a written statement shall be given to the applicant and the president of the town council, indicating the reason(s) for such refusal.

In order to provide guidance or clarification, the zoning inspector shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the zoning board of review for the determination.

Upon written request, the zoning inspector shall determine whether a use not listed in the use code table in article II of this ordinance is so similar in type, character, and intensity to a special use that is listed in the use code table that it should be treated as a special use.

6.B. Administration: Maintenance of zoning ordinance. The town clerk shall be the custodian of the zoning ordinance and zoning map.

A.

The zoning inspector shall be responsible for the maintenance and update of the zoning ordinance text and map. Changes to the zoning map shall be depicted on the map within 90 days of the amendment.

B.

When amendments to the comprehensive plan are adopted, and at least once every three years, the planning board shall review the zoning ordinance, identify necessary amendments, and forward those amendments to the town council.

Charter reference— Planning board, § 701.

6.C. Administration: Exeter zoning board of review; establishment and procedures.

A.

Appointment. The town council shall appoint a zoning board of review consisting of five full members and two alternate members who are designated as the first alternate and the second alternate. Full members and alternates shall be appointed to staggered five-year terms. All terms shall expire on June 30. Members shall serve until their successors are appointed. If a vacancy in any seat occurs, the town council shall appoint a qualified person to serve the remainder of the term. If a member is absent from meetings for 90 consecutive days without cause, the town council shall have the authority to declare the seat vacant.

B.

Qualifications. Zoning board members shall be residents of Exeter and owners of real property in Exeter. No member shall be a town employee or an elected official; provided, however, that members of the charter commission shall not be considered elected officials for the purpose of this section.

C.

Organization. At the first meeting of each calendar year, the board shall elect a chairperson and a vice chairperson from among its members. The chairperson, and in his or her absence, the vice chairperson, shall preside at meetings and shall have the authority to administer oaths and issue subpoenas to compel the attendance of witnesses.

Charter reference— Zoning board of review, § 903.

6.D. Administration: Powers and duties of the zoning board of review.

A.

The zoning board of review shall have the following powers and duties:

1.

To hear and decide appeals in a timely fashion where it is alleged there is an error in any order, requirement, decision or determination made by the zoning inspector in the enforcement or interpretation of the zoning ordinance;

2.

To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to Art. I, Sec. 1.3.B.

3.

To authorize, in specific cases, special use permits, pursuant to Art. I, Sec. 1.3.C.

4.

To refer matters to the planning board or to other boards or agencies of the town as the zoning board of review may deem appropriate, for findings and recommendations;

5.

To grant conditional approval to an application when one or more state or federal permits or approvals necessary for the project is pending. A conditional approval shall expire one year after the date it was approved unless the required state or federal permit or approval has been issued.

B.

The zoning board of review shall vote as follows:

1.

Four members must be present to conduct a hearing. A member ineligible to vote due to a conflict of interest shall recuse himself or herself, shall not take part in the hearing, and shall not vote. No more than five members shall be entitled to vote on any application. In order to vote, a member must have been present during the entire public hearing.

2.

The affirmative vote of three of the voting members is necessary to reverse any order, requirement, decision or determination of the zoning inspector or to grant a variance or special use permit.

6.E. Administration: Application procedure.

A.

An application for a variance, a special use permit, or an appeal may be made by submitting a completed application form and the required supporting documents to the clerk of the zoning board of review. The approved application form may be obtained on the town's website or from the clerk of the zoning board of review.

B.

The fees for filing an application to the zoning board of review cover the actual costs for review, mailing, advertisement, professional services, and recording of the board decision. The amounts of the fees are listed in the application materials or may be obtained from the clerk of the zoning board of review.

6.F. Administration: Violations.

A.

If the zoning inspector determines that a violation of the zoning ordinance exists, he or she may issue a written zoning violation notice to the owner of the property or refer the matter to the town solicitor for legal action. A violation notice shall specifically describe the violation and the action necessary to correct it, and shall state the time period within which the violation must be corrected.

B.

The town solicitor shall have the authority to bring suit in any court of competent jurisdiction in the name of the town:

1.

To restrain a violation of the zoning ordinance, including the erection, alteration, or use of any structure in violation of the zoning ordinance;

2,

To compel compliance with the zoning ordinance, order the removal of any structure or abatement of any violation, or authorize the zoning inspector to cause the removal or abatement at the expense of the owner;

3.

To compel compliance with a decision of the zoning board of review; or

4.

To impose a fine or other penalty for violation of the zoning ordinance. Any fine imposed shall inure to the town.

C.

The penalty for any violation of the zoning ordinance or for a violation of the terms or conditions of any decision by the zoning board of review or the zoning inspector shall not exceed $500.00 for each violation. Each day of the existence of any violation shall be a separate offense.

6.G. Administration: Decisions and records of the zoning board of review.

A.

The zoning board of review shall render a decision on each application or appeal within 15 days of the day the public hearing is closed. The written decision shall be posted immediately in the town clerk's office in a location visible to the public. The date of posting shall be noted on the document. A decision granting a variance or special use permit shall be recorded in the land evidence records.

B.

The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.

C.

Within one day of the date the decision was posted, the zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address. The decision shall be sent by any method that provides confirmation of receipt. The clerk also shall provide a copy of the written decision to the zoning inspector.

D.

The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. The zoning board of review shall have the minutes of each public hearing taken by a competent stenographer.

(Amd. of 6-7-04, § 1; Ord. of 12-4-2023(1))

7.A. Appeal from a decision of the zoning inspector or administrative officer.

1.

An aggrieved party may appeal a decision by any official charged with enforcement or application of the zoning ordinance, including the administrative officer or the zoning inspector, to the zoning board of review.

2.

The appeal shall be taken within 15 days of the date of the decision or determination, or within 15 days of the date the appellant knew or should have known of the decision or determination. The appeal shall specify the grounds for the appeal and shall include a copy of the decision or determination appealed from.

3.

The appeal shall be filed with the clerk of the zoning board. The official shall immediately deliver to the clerk of the zoning board all of the documents constituting the record of the decision or determination appealed from. An appeal shall stay all proceedings in furtherance of the decision or determination appealed from unless the official certifies to the zoning board of review that a stay would cause imminent peril to life or property. In that case, the proceedings shall be stayed only by a restraining order issued by a court of competent jurisdiction.

4.

The zoning board of review shall conduct a public hearing on the appeal within 65 days of the date the appeal was filed, and shall give notice of the public hearing in the manner required by section 1.3.E of this ordinance.

5.

In exercising its powers the zoning board of review may reverse or affirm wholly or part and may modify the order, requirement, decision or determination appealed from and may make such orders, requirements, decisions or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken.

7.G. Appeal of a decision by the zoning board of review.

1.

A party aggrieved by a decision of the zoning board of review may file an appeal pursuant to R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1 in the Washington County Superior Court with 20 days of the date the written decision was posted in the town clerk's office.

2.

The clerk of the zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board shall be made parties to the proceedings.

3.

An aggrieved party who files an appeal in the Superior Court shall give notice of the appeal to those persons who were entitled to notice of the hearing before the zoning board of review. The notice shall be sent by first class mail within ten business days of the date the appeal was filed. The notice shall contain the date of the notice; the caption and civil action number of the case; the county in which the case was filed; the date the case was filed; the name, address, and telephone number of the attorney filing the appeal or of the aggrieved party. The notice shall state in boldface type that an appeal has been filed in the superior court, that the aggrieved party willl serve the complain on the named defendants; that persons receiving the notice may retain counsel and participate in the appeal so far as the law allows; and that the appeal is governed by R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1. Within 20 days after the notices are sent, the aggrieved party shall file an affidavit in the court containing the names and addresses of the person to whom the notice was sent; the date the notice was sent; an affirmation that the notices were sent by first class mail, postage prepaid, in envelopes containing a return address; and the return address; and a list of the notices that were returned to the sender. A copy of the notice shall be attached to the affidavit.

7.H. Appeal of enactment of or amendment of the zoning ordinance.

1.

An appeal of an enactment of or an amendment to a zoning ordinance may be taken pursuant to R.I. Gen. Laws § 45-24-71 by filing a complaint in the Washington County Superior Court within 30 days after the enactment or amendment has become effective.

2.

The appeal may be filed by an aggrieved party, by a legal resident of Exeter, by an owner of real property in Exeter, or by an association of residents or property owners in Exeter.

3.

The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan or the manner in which it constitutes a taking of private property without just compensation.

4.

The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(Ord. of 12-4-2023(1))

Editor's note— An ordinance adopted Dec. 4, 2023, repealed § 1.8, which pertained to severability.