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Exeter City Zoning Code

ARTICLE II

ZONING DISTRICT USE REGULATIONS

Sec. 2.1.- Zoning districts.

The districts, their abbreviations and common names as used herein shall be designated as follows:

2.1.1. Residential district, RE-2. The purpose of the RE-2 zone is to provide adequate land suitable for residential development. More importantly, the density permitted in this district would maintain an adequate water supply and suitable soil for individual septic disposal systems.

2.1.2. Rural district, RU-3. The purpose of the RE-3 zone is to provide adequate land suitable for low density residential rural development blended with forestry, farming and recreational activities.

2.1.3. Rural district, RU-4. The purpose of the RU-4 zone is to protect land now used for forestry, farming and related activities and the natural habitat and wildlife and to preserve the area's rural character. This zone provides land suitable for low density residential development and reserves land for future farming, forestry, conservation practices and recreational uses.

2.1.4 Conservation/recreation, CR-5. The CR-5 zone is established as a separate district to preserve and protect an area abundant with natural resources, landscapes and sensitive soils having severe limitations, and to provide for a natural mixture of residential and recreational uses.

2.1.5. Business district, B. The purpose of the B zone is to provide areas for business that serve the day-to-day needs of the residential population of the community. Also, its purpose is to provide areas for commercial activities to serve the needs of the entire community and the contiguous regions. Any use not specifically listed as a permitted use is prohibited. Each business must contain, within its own lot, the wellhead protection for the well supplying all its water.

2.1.6. Light business/residential district, LB/R. The purpose of the LB/R zone is to allow the development of low-density commercial uses including residences, home occupations and light business uses, and to provide a buffer to the existing general business uses that exist. All uses are subject to land development plan approval.

2.1.7. Light industrial district, LI. The purpose of the LI zone is to provide areas for the future development of light industrial and allied uses and to provide for existing uses of this nature. Areas so designated are considered to be geographically and topographically suitable for the future economic growth of the community. All uses shall strictly comply with the established maximum building capacity of 250 persons. Each industry must contain, within its own lot, the wellhead protection for the well supplying all its water. All uses in this district require approval as a major land development.

2.1.8. Open space and public land, OSPL. The purpose of the OSPL zone is to identify state lands and other lands held for recreation, conservation and public access purposes and to afford future protection against the conversion of these lands to another use inconsistent with that now in existence. Other lands that are purchased or controlled in the town in the future may be added to this category.

2.1.9. Groundwater protection overlay district, GWOL. The purpose of the GWOL zone is to preserve, protect and maintain the quality and quantity of groundwater supply and groundwater recharge areas of the Town of Exeter. This groundwater is the primary existing and future water supply source for the town. The groundwater reservoirs that underlie Exeter are unique and valuable resources that are vulnerable to contamination due to their unconfined condition, closeness to the ground surface, and the permeability of the overlying soils. It is the intent of this overlay district to protect the health, safety and welfare of the public.

2.1.10 Planned districts. The purpose of this [planned districts] zone is to provide control for the future business and industry, and special sites including the Ladd Center and Dorset Mill. Included in this [planned districts] zone are village center districts, planned business and light industrial development districts. An additional purpose of this [planned districts] zone is to foster development given the unique nature of these zones as sites for future mixed use development and sensitive environmental constraints. Any proposed use in this zone shall require a special use permit and approval as a major land development.

2.1.11 Planned village overlay district. The purpose of the PVOD district is to implement the vision for Exeter by allowing for planned village development (PVD) in designated areas. Development in this district shall be designed and built in a manner that is compact, pedestrian friendly, and consistent with the rural setting of Exeter. Development within these districts may include a mix of uses conducive to a vibrant traditional New England village setting and architectural techniques shall reflect the historic patterns that help to define Exeter's community character. These districts shall allow for densities in commercial and residential development that are allowed in no other district and shall therefore require the transfer of development rights to leverage an increased density. The town may also allow increased density as part of its own municipal subsidy toward the provision of deed restricted affordable housing.

(Ord. of 9-27-12, Exh. 1; Ord. of 12-4-2023(1))

Sec. 2.2. - District boundaries.

The boundaries of said zoning districts, including all overlay districts, are hereby established as shown on those zoning map(s) filed in the office of the town clerk, titled "Zoning Map for the Town of Exeter," dated December 12, 1995, and "Groundwater Protection Overlay District Map," dated December 12, 1995. Said maps are hereby adopted and made part of this ordinance.

2.2.1. [Copies of zoning ordinance available.] In addition, current copies of the zoning ordinance shall be available at all times for review in the office of the town clerk and for distribution at the cost of printing the ordinance. Amendments to said map(s) shall be clearly shown with reference to the corresponding town council record documentation, as amended.

2.2.2. Boundaries that split lots. Whenever a district boundary splits a lot into two or more separate zoning districts, the proposed use shall be permitted only if it is allowed in the district in question. The dimensional requirements for such permitted use shall be determined by the district in which it is located. Where a proposed use is permitted in two or more districts on the same lot, the dimensional requirements, other than density, shall be determined by the district's dimensional regulations which represent 50 percent or more of the lot or contains the most lot area. For density requirements, all portions of the lot shall be calculated proportionately.

2.2.3. Interpretation of boundaries. Where necessary, due to the scale, lack of detail or illegibility of the zoning map(s) of the Town of Exeter, it shall be determined that the boundary lines of districts are lot lines and centerlines of streets or the centerlines of watercourses. Questions concerning the text of this ordinance and the exact location of district boundary lines, as shown on the zoning plats, shall be decided by the zoning inspector. Any person aggrieved by such interpretation of the zoning inspector may appeal such interpretation to the zoning board of review.

2.2.4. Determination of boundaries. The boundaries between districts as shown on the zoning map(s) shall be determined according to the following criteria unless otherwise indicated:

A.

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

B.

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

C.

Where the boundary of a district follows a river, stream, pond or other watercourse, the boundary line shall be deemed to be the limit of the mean high-water mark, unless indicated otherwise.

D.

Where the boundary line of a district follows an individual property line, it shall be deemed along that property line as it legally existed at the time of adopting such district division line. Any subsequent revision, alteration, replatting or relocating of a property line shall not affect the location of a zoning district divisional line.

E.

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

F.

Where a lot is divided by a zone boundary line, the site of the building with the zone will determine the use. If the structure is divided by a zone boundary line, the most restrictive zone will apply.

Sec. 2.3. - Zoning use table terms.

2.3.1. The abbreviated terms used in the following table of uses, table 2.4, shall have the following meanings:

A.

Y (Yes). The use is permitted by right within the district so designated.

B.

N (No). The use is not permitted and is specifically prohibited within the district so designated, except as provided in Art. I, Sec. 6.A.6.

C.

S (special permit required). The use is allowed by special use permit only if approved by the zoning board of review or by the planning board under unified development review.

D.

Zoning districts are as defined above.

2.3.2. Any use not listed is specifically prohibited.

2.3.3. Any use requiring a special use permit shall be subject to development plan review requirements.

Sec. 2.4. - Zoning use table follows.

TABLE 2.4. ZONING USE TABLE

District
2.4.1. Use Category RE-2 RU-3 RU-4 CR-5 B LB-R LI OS/PL GWOL Planned
District
PVOD
1. Single-family structures Y Y Y Y N N N N N Y
2. Home occupations (as per article IV, section 2) Y Y Y Y Y Y Y Y Y Y
3. Raising of animals or fowl by a resident of the premises not to exceed USDA animal unit equivalent without a management plan by SRICD Y Y Y Y N N Y N N N
4. Public telephone booths Y Y Y Y Y Y Y Y Y Y
5. Signs permitted in article VI, accessory to primary use Y Y Y Y Y Y Y Y Y Y
6. Parking as required in article V, accessory to primary use Y Y Y Y Y Y Y Y Y Y
7. Accessory use as defined in article IV, section 1 Y Y Y Y Y Y Y Y Y Y
8. Farming; nurseries; forestry activities, which includes cutting, buying and selling of firewood; excluding wood processing which is listed as a special use. Buying, selling, breeding and boarding of animals, except dogs, but not including the raising of pigs primarily for the consumption and disposal of garbage Y Y Y Y Y Y N Y Y N
9. Landscaping businesses
a. Home occupation Y Y Y Y Y (16) Y (16) Y N Y (16) N
b. Non-home occupation N N N N Y N Y N N N
10. Kennel business
a. Kennel Class 1 (over ten dogs) N N N N Y Y Y N N N N
b. Kennel Class 2 (four—ten dogs) N N N N Y N Y N SN N N
11. Erection of a roadside stand, not to exceed 400 square feet for the sale of agricultural products as an accessory use Y Y Y Y Y Y N Y Y N
12. Single-family mobile homes will be allowed as temporary living structures for a period of one year under the following conditions; i.e. fire- and storm-related damage. The license will be reviewed by the zoning board of review after one year Y Y Y Y Y Y N N Y Y
13. Pharmacies or drugstores N N N N Y N N N N Y
14. Grocery, delicatessen, bakery or other retail foodstores N N N N Y Y N N N Y
15. Commercial lunchrooms, ice cream parlors. Fast food not permitted N N N N Y Y N N N Y
16. Variety stores, family or independent N N N N Y Y N N N Y
17. Arts and crafts shops N N N N Y Y Y N N Y
18. Personal service shops such as tailor, dressmaking, barber, beauty, shoe repair, laundry pickup, dry cleaning pickup and watch repair N N N N Y Y N N N Y
19. Antique, art, book, stationery or gift shops Y Y Y Y Y Y Y N N Y
20. Florists and nurseries N N Y (16) Y (16) Y Y Y N Y Y
20.a Greenhouse Tier I Y Y Y Y Y Y Y Y Y Y Y
20.b Greenhouse Tier II N Y (see note 11) Y (see note 11) Y (see note 11) Y (see note 11) Y (see note 11) Y (see note 11) S (see note 11) S (see note 11) S (see note 11) S (see note 11)
20.c Greenhouse Tier III-CEA Facility N Y (see note 10) N N N N Y (see note 10) N N N N
21. Funeral homes or mortuaries N N N N Y N N N N N
21a crematorium and/ or medical waste incineration N N N N N N N N N
22. Restaurants, taverns or catering establishments. Fast food service restaurants not permitted in any district N N N N Y Y Y (16) N N Y
23. Package liquor stores N N N N Y Y N N N Y
24. Sale of lumber, building materials, hardware, grain or feed N N N N Y Y Y N N Y
25. Woodworking and furniture refinishing shops N N N N Y Y Y N N N
26. General merchandise, department, furniture or other household goods stores, and food stores N N N N Y Y N N N Y
27. Photography, photocopying, blue-printing or printing establishments N N N N Y Y Y N N Y
28. Recreational equipment sales such as travel trailers, snowmobiles, swimming pools, tents N N N N Y Y Y N N Y
29. Manufacture of wood products excluding manufacture of raw paper products or recycling of paper N N N N N N Y N N N
30. Scientific and research laboratories N N N N N N Y N N N
31. Manufacture of food products, other than from meat, vinegar and yeast. Fish, shellfish and rendering or refining of fats and oil products not permitted N N N N N N Y N N Y
32. Lumber, coal, building materials, grain and feed storage yards, wholesale and warehouse faciliities, including cold storage N N N N Y (16) N Y N N N
33. Freight or trucking terminals N N N N N N Y N N N
34. Manufacture of electronic products N N N N N N Y N N N
35. Public utility structures Y (16) Y (16) Y (16) Y (16) Y Y Y Y Y Y
36. Private neighborhood halls and other uses incidental to the promotion and development of neighborhood cooperation and activities. Communal uses including grange halls, and other public or private recreation uses incidental to and for the community N N N N Y (16) Y (16) N N N Y
37. Educational or religious institutions, including churches, schools and nursery schools. Size restrictions apply Y (16) Y (16) Y (16) N Y (16) Y (16) N N N Y
38. Two-family dwelling structures Y N N N N Y (16) N N N Y
39. Mixed use commercial development N N N N N SY (16) N N N Y
40. Government buildings and uses including libraries, town halls and public works garages, but excluding sanitary landfills, sewage treatment plants and incinerators Y Y Y Y Y SY Y Y Y Y
41. Wood processing N N Y(16) Y (16) Y Y Y N N N
42. Bed and breakfast N N N Y (16) Y (16) Y (16) N N N Y
43. Family day care, homes Y Y Y Y Y Y N Y Y Y
44. Day care centers N N N N Y Y N N N Y
45. Single-family mobile homes will be allowed as temporary living structures for a period of one year for new construction. Applicants must obtain a building permit before applying for a special-use permit. The license will be reviewed by the zoning board after a period of one year Y Y Y Y N N N N N N
46. Medical uses, including rest homes, convalescent homes, animal hospitals and clinics N N N N Y (16) Y (16) N N N Y
47. Cemeteries, provided that the total area to be devoted to such use shall not be less than 25 acres N Y (16) Y (16) Y (16) N N N N N N
48. Structures to accommodate business and professional offices. Towers prohibited N N N N Y (16) Y (16) N N N Y
49. Swimming areas, country clubs, golf courses, skiing and commercial horseback riding facilities. Private and public fishing and hunting areas, sports clubs (excluding shooting ranges). Private or commercial campgrounds or recreation, including sports clubs N N N N N N N N N N
50. Motels or hotels with not more than ten rooms per acre of gross site area, and with state-approved water supply well and ISDS systems N N N N Y (16) N N N N S
51. Gasoline filling stations N N N N Y (16) N N N N S
52. New and used automobile dealer-ships, provided that all repair is performed within a structure and that there is no outdoor storage of derelict or junk automobiles or parts N N N N Y (16) N Y (16) N N N
53. Shopping centers, meaning a cluster of two or more stores with communal parking facilities, planned and built as an entity or subdivision of an area within a business district N N N N Y (16) N N N N Y
54. Occupational schools conducted as a business such as dance, music [or] welding automobiles N N N N Y (16) Y (16) N N N N
55. Extractive industries, including gravel and sandbanks, provided they are screened by an opaque fence, hedge or other natural barrier not less than six feet in height, and provided they conform to the Earth Removal Ordinance N N N N N N N N N N
56. Manufacture of food products from meat, vinegar or yeast N N N N N N N N N N
57. Metal fabrication N N N N Y (16) N Y N N N
58. Manufacture of machine tools, precision instruments, musical instruments, toys and novelties N N N N Y (16) N Y N N S
59. Industrial parks, meaning a cluster of two or more industrial businesses with communal parking facilities, planned and built as an entity or subdivision of an area within an individual district N N N N N N Y (16) N N N
60. Breweries or distilleries N N N N N N Y (16) N N S
60A. Farm breweries N Y Y Y Y(16) N N N Y N N
60B. Farm café within a farm brewery N Y (15) Y (15) Y (15) N N N N N N N
61. Junk or salvage yards, including the outdoor storage of used materials, provided they are screened by an opaque fence, hedge or other natural barrier not less than six feet in height N N N N N N N N N N
62. Manufacture, processing and packaging of cosmetics and toiletries N N N N N N Y (16) N N S
63. Private cellular communications antenna on existing nonresidential principal or accessory structure Y (16) Y (16) Y (16) Y (16) Y Y Y N Y Y
64. Private cellular communications antenna on existing residential principal or accessory structure N N N N N N Y Y N Y
65. Public cellular communications antenna on existing non-residential structure N N SN N N N Y N N N
66. Other communications tower, including broadcast TV or radio N N N N N N N N N N
67. Public cellular communications tower N N N N N N Y (16) N N Y
68. Private cellular communications tower N N N N N N N N N N
69. Accessory building-mounted solar facility Y Y Y Y Y Y Y N Y Y Y
70. Solar Canopy N N N N Y Y Y N Y Y Y
71. Small-scale solar facility Y Y Y Y Y Y Y N Y Y Y
72. Medium-scale solar facility S S S S Y Y Y N Y Y Y
73. Large-scale solar facility S S S S N N Y N S Y N
74. Utility-scale solar facility N N N N N N S N S S N
75. Medical Marijuana
a. Compassion center N N N N Y N Y N N Y N
b. Medical marijuana cultivation center N N N N N N Y N N N N
c. Non-residential cooperative cultivation N N N N Y Y Y N S Y S
d. Residential cooperative cultivation N N Y Y N N N N N N N
e. Patient cultivation Y Y Y Y Y Y Y Y Y Y Y
76. Reserved — Marijuana Cultivation Center
77. Reserved — Marijuana Store N N N N Y(16) N Y(16) N N N N
78. Short-term rental N N N N N N N N N N N
All uses not listed above are specifically prohibited.

 

2.4.2. Dimensional Regulations District
RE-2 RU-3 RU-4 CR-5 B LB-R LI OS/PL PVOD
1. Minimum lot size, acres 2 3 4 5 2 2 See note (8)
2. Minimum street frontage, feet 200 250 300 350 150 150 400 200 40
3. Maximum lot coverage by all structures, percent. Refer to article VI, section 2 for number of structures (building coverage) 15 (see note 14) 15 (see note 14) 15 (see note 14) 10 25 25 25 10 See note (8)
4. Minimum front depth (setback), feet 60 100 (see note 12) 100 150 100 100 200 200 See note (9)
5. Minimum front depth (setback) on arterial roads, feet 100 100 150 100 100 200 200 10
6. Minimum side depth (setback), feet 30 60 80 100 30 30 50 50 0
7. Minimum rear depth (setback), feet 50 50 50 150 75 75 100 150 0
8. Maximum structure height, feet (excluding farm structures), measured from highest grade 40 (see note 13)
75
40 (see note 13) 40 (see note 13) 40 (see note 13) 40 40 40 40 45
9. Maximum building capacity, persons 250 250 250 250 250
10. Maximum gross retail footprint (see note #7 below), square feet 40,000 40,000 40,000 40,000 40,000 40,000 N/A 40,000 Section 10.3.3
11. Number of structures shall be in accordance with 2.6.

 

NOTES:

1.

Any industrial structure or activity or outdoor storage shall be set at least 200 feet from the RE-2, RU-3, RU-4 and CR-5 district boundaries, and at least 100 feet from any B or LB/R district boundaries. A setback for structures and parking lots of 200 feet from all roads and suitable landscape screening shall be provided.

2.

No certificate of occupancy for any use shall be issued until the administrative officer has certified in writing that the use has received all required approvals.

3.

Each business or industry must contain within its own lot the wellhead protection for the well supplying all its water.

4.

For all setback requirements; setbacks shall be measured from the lot line to any part of the building that projects beyond the foundation.

5.

On corner lots, the rear setback shall conform to the side setback requirements that there shall be no rear yard; only a front and two side yards.

6.

For the purposes of calculating minimum lot dimensions, area, density, maximum percent coverage, and the maximum number of lots or dwelling units permitted in a conservation development in any zoning district where permitted, the provisions of the land development and subdivision regulations shall apply.

7.

The maximum gross building footprint per retail structure shall be 40,000 square feet in all zones except the LI zone which does not have a maximum. This maximum footprint shall not apply to agricultural structures.

8.

To be determined as part of the PVD review process by the planning board in conformance with all other provisions of PVD. Maintenance of the approved percentage of lot coverage shall be a condition of planning board approval. If an application for further development would increase the percentage of lot coverage, the application must be approved as a major land development project.

9.

To be determined as part of the PVD review process by the planning board in conformance with all other provisions of PVD including but not limited to those standards within the land development and subdivision regulations specifically requiring site design techniques that facilitate a safe, pedestrian friendly, compact village development. Maintenance of the approved setbacks shall be a condition of planning board approval. If an application for further development would decrease any setback, the application must be approved as a major land development project.

10.

Tier III CEA Facility Greenhouse defined in Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.2. entitled "Definitions" is allowed only if the application meets the eligibility requirements and satisfies all the standards and prohibitions contained within the Code of Ordinances of the Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.4.1 "Special Provisions;" entitled "Greenhouse Tier II and Greenhouse Tier III/CEA Facilities."

11.

Tier II Greenhouse as defined in Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.2. entitled "Definitions" is subject to the review procedure and prohibitions contained within the Code of Ordinances Town of Exeter, Rhode Island, Appendix A — Zoning, Section 1.4.1 "Special provisions;" entitled "Greenhouse Tier II and Greenhouse Tier III/CEA Facilities."

12.

Tier III CEA Facility Greenhouse requires a minimum front depth (setback) of 150 feet for all structures, off street loading and parking lots.

13.

Tier II Greenhouse and Tier III CEA Facility Greenhouses shall not exceed a maximum structure height of 35 feet.

14.

Tier I and Tier II Greenhouses may have a 25 percent maximum lot coverage (building coverage) by all structures.

15.

Shall comply with Exeter Zoning Ordinance Appendix A, Section 1.2 entitled "Definitions," 36A "farm café" and shall be considered a minor land development project requiring review and approval by the planning board in a public meeting in conformance with the Exeter code of ordinances Appendix B, Section 7.3. — "Performance and Development Standards." The planning board may set conditions to ensure operations fit with the environment and do no harm to local roadways and or neighborhoods. A farm café must submit an annual report to the town council planning board and town planner, as part of its required annual application under section 18-160 of the Exeter Code of Ordinances. The report must include receipts for food ingredients purchases showing which ingredients were purchased locally vs nonlocal, along with verification of locally sourced items from Exeter, RI, and regional suppliers. It shall detail the quantities, menu descriptions, and partnerships with local producers. Failure to satisfy all specified requirements will result in the use classification as "not allowed" (N).

16.

Shall be considered a minor land development project requiring review and approval by the planning board in a public meeting in conformance with the Exeter Code of Ordinances Appendix B, Section 7.3. — "Performance and Development Standards."

2.4.3. Flexible lot frontage and width. Upon approval of the planning board as part of a conservation development as provided in the land development and subdivision regulations, the lot frontage and lot width variations listed below may be permitted by the planning board, through a request for a waiver.

A.

In residential CR-5, RU-4, RU-3 and RE-2 zoning districts, the planning board is authorized to reduce the lot frontage and lot width of newly created lots in a subdivision or land development project on any public or approved private street to a minimum of 20 feet.

B.

Open space lots, within an approved conservation development, may have zero-frontage on a street, as long as the planning board approves access to the open space by easement or other means.

(Amd. of 6-22-00; Amd. of 3-3-03, § 8; Amd. of 4-8-03; Amd. of 11-3-03; Amd. of 10-5-04; Amd. of 11-1-04; Amd. of 3-3-05; Amd. of 3-6-06; § 2; Ord. of 8-7-06, § 2; Amd. of 5-7-07; Amd. of 6-4-07; Amd. of 4-7-08; Amd. of 4-6-09; Ord. of 9-27-12, Exh. 1; Amd. of 10-6-14, § 2; Ord. of 12-7-15; Amend. of 10-2-17; Ord. of 7-16-18, § 2; Amd. of 9-4-18; Amd. of 2-4-19, § 2; Ord. of 3-9-23, § 1; Ord. of 12-4-23(1); Ord. of 1-6-25(1); Ord. of 5-5-2025(1))

Sec. 2.5. - Reserved.

Editor's note— An ordinance adopted Dec. 4, 2023, repealed § 2.5, which pertained to development plan review and derived from Ord. of 11-2-98(2); Amd. of 1-6-03(3); Amd. of 10-5-04.

Sec. 2.6. - Other general provisions.

1.

Zoning affects every structure and use. No structure shall be constructed, erected, placed, moved or maintained, nor shall the exterior be altered, and no land use shall be commenced or continued within the town unless in conformity with the regulations herein specified for the district in which it is located, except as provided for in article III of this ordinance.

2.

Reduction of lot and areas prohibited. No lot, yard, required open space or off-street parking area shall be so reduced, diminished or maintained that the yards, other open space, total lot area, or off-street parking area shall be smaller than prescribed by this ordinance.

3.

Required yards cannot be used by another use or building. No part of a yard, parking space or other open space required for any building or use for the purpose of complying with the provisions of this ordinance shall be included as part of a yard, parking space or other open space required under this ordinance for another use or building, except as provided in article V (parking).

4.

Only one dwelling structure on any lot. No more than one principal residential structure shall be located on one lot except in a development approved by the planning board.

5.

More than one nonresidential use or building on a lot. More than one nonresidential structure may be allowed on a single lot within appropriately zoned nonresidential districts if devoted to the same actual use. Upon application to the zoning board of review, a special use permit may be granted in accordance with article I, section 1.3.C. (special use permits) of this ordinance, where more than one actual use on a lot may be requested; provided, however that such uses shall be only those that are permitted within the district in question. In both instances, principal front and rear walls of a building shall be at least 40 feet from any wall or another building. Any side wall of a building may not be less than 25 feet from any side wall of another building.

6.

Public street access. No structure shall be erected on or moved onto a lot which does not have frontage on a public or private street equal to or greater than the required minimum frontage in table 2.4, or elsewhere as required in this ordinance.

7.

Visibility at corners. At any corner lot and at street intersections in all districts, no wall, fence, structure, sign or building shall be erected or placed, and no hedge, tree, shrub or other vegetation shall be maintained between the heights of three feet, and ten feet, above street level within the triangle formed by the two street lines and a third line joining points on the street lines 20 feet from the intersection of the street lines.

8.

Temporary uses permitted. A temporary building for construction materials and/or equipment for a permitted use on a construction site, a temporary office for the sale or rental of real property, if in connection with and incidental and necessary to real estate development, and a temporary trailer or mobile home used for residential occupancy necessitated by any loss or damage of a principal structure by fire, hurricane or other natural disaster, shall be permitted in any district, subject to approval of both the building inspector and zoning inspector. Any such temporary use shall be permitted for not more six months unless such time period is extended by the building inspector and zoning inspector.

Temporary storage containers may be permitted as an accessory use in LB/R, B, LI and OS/PL zones, provided that there shall be suitable screening.

All other temporary and/or mobile facilities for residential, commercial or industrial use are prohibited in all districts; provided, however, that this prohibition shall not apply to temporary and/or mobile facilities which are owned and/or operated by federal, state or municipal agencies.

9.

Use regulations. No building, structure or land shall be used except for those purposes noted in the table 2.4. Any use not listed shall be construed to be prohibited, except as provided in article I, section 6.A.6 of this ordinance.

10.

Setback from water bodies. Sewage disposal facilities which are designed to leach wastes into the soil shall be located in accordance with Rhode Island Department of Environmental Management (RIDEM) regulations.

11.

Fresh water wetlands. No fresh water wetland, as defined by RIDEM regulations, shall be excavated, drained or filled, nor shall any extraneous materials be placed in these wetlands or water flow diverted out of or any other change be made to the natural condition of any fresh water wetland without prior approval of the RIDEM.

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