Accessory buildings and uses as defined in Article I, Section 1.2, (2) and (3) include, but are not limited to, home occupations, accessory dwelling units, private garages, barns, carports, vehicle storage, recreational vehicle storage, boat and RV storage, outbuildings, greenhouses, swimming pools or any other structure. Accessory buildings and uses are subject to all the requirements of this ordinance, except as specifically provided for by this subsection as follows:

1.

Accessory buildings and uses, residential: Accessory buildings and uses, including private garages, in a Residential District (RE-2, RU-3, RU-4 and CR-5) are permitted which:

A.

Are clearly incidental to and customarily associated with the principal use. An accessory use shall not be permitted or continued without the principal use to which it is related.

B.

Are operated and maintained under the same ownership and on the same lot as the principal use.

C.

Do not exceed 20 feet in height for detached buildings except for barns.

2.

Location of accessory buildings and uses: A building or use accessory to a dwelling shall not be located within any required front, corner, side, or rear yard setback.

3.

Drive-thru facility. Drive-thru facilities may be allowed by special permit as an accessory use, where customary for otherwise permitted uses in the B (business), LB/R (light business/residential), and light industrial (LI) zones, and provided the following requirements are met.

A.

The minimum lot area for a building with a drive-thru shall be 40,000 square feet.

B.

The planning board must grant a special use permit for the drive-thru window.

C.

The planning board must approve the building as a minor land development.

D.

A minimum stacking before window of 12 cars, and stacking for three cars after window. All stacking area must be contained on private property. Stacking is defined as queuing space for vehicles that is dedicated for this purpose only, and does not conflict with any other traffic movements.

E.

Limit to one lane for stacking (except for banks). A by-pass lane must also be provided on site. All drive-thru windows shall be located on the side or rear of buildings. They shall not be located on the front.

F.

Drive-thru facilities must be designed so that they avoid creating traffic hazards for vehicular or pedestrian traffic.

G.

A menu board not to exceed 32 square feet in area and not more than eight feet in height (as measured from ground level) be allowed, provided the same is not located in the front yard.

(Amd. of 9-6-05; Amd. of 5-1-06; Amd. of 4-5-21; Ord. of 12-4-2023(1))

The Town of Exeter recognized the need for some citizens to use their place of residence for limited nonresidential activities. Recent studies have shown that most of the businesses in town are small, employing less than four people, and that many of these businesses are home-based occupations. While the town wishes to encourage minor home-based activities, it also recognizes that the need to protect the integrity of its residential areas is of paramount concern. Therefore, the following criteria have been established to allow for home occupations that are compatible with the neighborhood in which they are located.

Criteria. Providing that all the following conditions are met, no permit is required for home occupations and a license is automatically granted by the Town of Exeter. However, all such commercial or business activities are required to register with the town.

1.

No employment or help other than the residents of the dwelling and two assisting nonresident employees. Anything greater should be a special use.

2.

Shall be conducted entirely within the dwelling unit and in no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

3.

Shall not utilize more than 25 percent of the gross floor area in the dwelling unit or not more than 500 square feet.

4.

No outdoor use of material or equipment not recognized as being part of the normal practices in the residential district.

5.

No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from outside the premises.

6.

No material, equipment or process shall be used in such home occupation which is hazardous to public health, safety, morals or welfare, or which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises, if the occupation is conducted in a single-family residence, or outside the dwelling unit in other than a single-family residence. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

7.

There shall be no use of utilities or community facilities beyond that normal to the use of the premises for residential purposes.

8.

Customers visits or deliveries of products, merchandise or materials to or from the premises shall not exceed that normally and reasonably occurring for a residence.

9.

The use shall not generate pedestrian or vehicular traffic beyond what is normal to the residential area.

10.

With zoning board approval:

a.

Barber shop, beauty salon, massage parlor.

b.

Boarding, lodge or bed and breakfast or more than five rooms.

c.

Health care provider, medical, dental, animal grooming facilities.

Cross reference— Businesses, ch. 18.

1.

In a light business/residential (LB/R) and business (B) district, one accessory dwelling unit shall be permitted on a lot in a commercial building that is permitted by right or special use permit, provided that any such accessory dwelling unit:

(a)

Shall be maintained entirely within a structure containing the principal use.

(b)

Shall be occupied only by the owner or an employee of the principal business use.

(c)

Shall have an area of no more than 1,000 square feet and shall have no more than two bedrooms.

(d)

Shall not be occupied by boarders.

2.

In residential (RE-2, RU-3, RU-4, CR-5) districts, one accessory dwelling unit, as defined in article I, section 1.2(2), shall be permitted on each lot, provided that any such accessory dwelling unit:

(a)

Shall not be larger than 900 square feet, or 30 percent of the gross floor area of the principal dwelling unit, whichever is smaller.

(b)

Shall not have separate utility connections and service unless it is located in an accessory building.

(c)

Has one off-street parking space.

(d)

Shall require issuance of a certificate of occupancy by the building official, who may require adequate supporting documentation to prove that all of the conditions in this section have been satisfied.

3.

Relief may be granted by dimensional variance for construction of an accessory dwelling unit that will encroach on a required side or rear yard setback, notwithstanding the provisions of article IV of this ordinance.

4.

An acccessory dwelling unit may be constructed in an existing dimensionally nonconforming principal structure or in an existing dimensionally nonconforming accessory structure without zoning relief if it does not enlarge the footprint of the building.

(Amd. of 4-5-21; Ord. of 12-4-2023(1))

A swimming pool shall conform to the appropriate side, front and rear yard requirements of the particular residence district in which it is located. The installation or construction of any swimming pool shall require a building permit, except those pools that do not require pumps. Swimming pools are subject to the following requirements:

1.

Swimming pools having a depth of 24 inches or more located in a residence district shall comply with the following conditions:

A.

A plan of the lot indicating the allowable accessory use portions thereof within which the pool is to be located must be submitted with the application.

B.

Pool dimensions, depth and volume in gallons must be submitted with the application.

C.

When a filter system and motor is to be used, a site plan showing the location of the pool and filtering system shall be submitted.

D.

Every outdoor swimming pool shall be completely surrounded by a fence or wall of not less than five feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimensions shall not exceed four inches. A dwelling, accessory building or the walls of an aboveground pool, may be used as part of such enclosure, provided that the required height of five feet [shall] be maintained. All gate and door openings through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped. Ladders or similar means of entry shall be detached or made inaccessible when the pool is not in actual use.

E.

Whenever a light is installed for evening swimming, it shall be faced and directed away from abutting property and properly shielded.

All uses in all zoning districts shall be subject to the following operating standards. To ensure compliance, detailed plans may be required by the building official, at his/her discretion, before the issuance of a building permit.

1.

Noise and vibration. All noise and vibration from machinery or other sources shall be muffled, insulated or screened in a manner which will minimize vibration or deflect sound waves from abutting lots.

2.

Glare, light and heat. The emission of glare, light (interior or exterior) or heat shall be shielded in a manner which will minimize such emission beyond the lot where such use is located.

3.

Odor, smoke, dust or other emission. The emission of odor, smoke, gas, dust or other emissions in concentrations or amounts that are noxious, toxic, corrosive or a nuisance shall not be permitted.

4.

Waste. Individual sewage disposal systems shall be approved by the Rhode Island Department of Environmental Management before the issuance of a building permit.

5.

Storm[water] and surface water drainage. All storm[water] and surface water drainage systems shall be approved by the Town of Exeter planning board, before the issuance of a building permit. All runoff shall be provided for on-site. In no instance shall there be any net increase in runoff, nor shall any additional runoff be discharged onto abutting lots or into any freshwater wetlands, as defined in article I, section 1.2 of this ordinance. Storm drainage systems shall be designed by a Rhode Island licensed engineer in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.

6.

Public safety. The location of all buildings, structures, parking, driveways, loading areas and the number, location, size and adequate supply of water shall be approved by the appropriate Town of Exeter fire department before the issuance of a building permit, and subject to the following requirements regarding internal streets, roadways and parking:

A.

All corners shall provide a turning radius of 41 feet.

B.

All fire access lanes shall provide a minimum of 24 feet of unobstructed width to allow for access by emergency vehicles.

C.

The fire chiefs (Fire Company # 1 and Fire Company # 2) shall have the authority to require the posting of all fire lanes.

D.

There shall be no architectural, landscaping or natural barriers to prevent adequate access to any building by an emergency vehicle.

E.

The fire chiefs (Fire Company # 1 and Fire Company # 2) shall have the authority to require compliance with at least a 10,000 gallon underground water tank, as per the land development and subdivision regulations.

F.

This section must be in keeping with G.L. 1956, chapter 23-28.

In all business (B) districts, and light business/residential (LB/R) districts, multi-family residential uses shall be allowed by special use permit under the conditions set forth herein. The purpose of allowing mixed use commercial developments is to create diverse housing opportunities in the town, and in particular, for the purpose of addressing the need for affordable housing as defined in the town affordable housing plan. Use of this regulation shall be considered a municipal subsidy for the purpose of creating affordable housing for low- and moderate-income persons in a manner and location otherwise prohibited by these regulations. Such residential units in mixed use commercial developments should be constructed in close proximity to essential services such as those typically provided in commercial developments.

1.

Residential units in mixed use commercial developments shall consist of studio, one- and two-bedroom apartments ranging in size between 600 and 1,250 square feet of gross floor area.

2.

Residential units in mixed use commercial developments shall be constructed on the second or third floor of otherwise permitted first floor commercial uses. Ground floor units shall be allowed for persons of special needs, provided that these units do not constitute more than ten percent of the overall area of the residential units constructed.

3.

Mixed use commercial developments containing residential units shall only be allowed in association with commercial structures of 3,000 square feet and greater.

4.

Mixed use commercial developments must have at a minimum one acre of land per each residential unit proposed.

5.

A minimum of 20 percent of the number of residential units, and a minimum of 20 percent of the floor area of the residential units, must be deed restricted for a minimum of 30 years for occupancy by low- and moderate-income households. In no event shall a mixed use commercial development be permitted without a minimum of one low or moderate income unit. While a mix of incomes is encouraged, in no case shall more than 50 percent of the affordable units be occupied by households with incomes greater than 80 percent of the area median income.

6.

In no event shall the floor area of the residential units exceed the floor area of the commercial space associated with the mixed use commercial development.

7.

Every mixed use commercial developments shall be approved as a major or a minor land development. Parking shall be provided for the residential units as required in article V of this ordinance.

8.

Applications for mixed use commercial developments must demonstrate to the satisfaction of the planning board that the site has the capacity (not limited to but including water, septic, parking, and circulation) to accommodate the proposed residential development.

9.

All residential units of mixed use commercial developments shall be accessed from enclosed or interior walkways. All such walkways shall be provided with an enclosed main entranceway for the residential portion of the development. Such entranceways shall be at a minimum eight feet long and six feet wide and shall have two doors, an exterior door and an interior door. Between the two doors shall be common space for uses such as mailboxes, delivery of packages, etc. Elevators are encouraged.

(Ord. of 8-7-06, § 3; Ord. of 12-4-2023(1))

1.

Definition. Adaptive reuse is 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. Conversion of a nonresidential building to a multi-unit residential or mixed-use building is permitted in all zoning districts, notwithstanding the use restrictions of article II of this ordinance, if at least 50% percent of the gross floor area of the existing building is converted to dwelling units.

2.

Review and approval.

(a)

An adaptive reuse project in a residential zoning district that creates fewer than nine units or an adaptive reuse project in any zone that proposes no extensive exterior improvements shall be approved as a minor land development project.

(b)

An adaptive reuse of an existing building with a gross floor area of less than 25,000 square feet for which extensive exterior improvement are not proposed is classified as a minor land development project.

(c)

All other adaptive reuse projects are classified as major land development projects.

3.

Residential density. Residential density of 15 dwelling units per acre shall be permitted, notwithstanding the requirements of article II of this ordinance, provided that:

(a)

The developer must submit evidence to the planning board or the administrative officer that the on-site wastewater treatment systems required by R.I. department of environmental management regulations will be constructed and that adequate water for consumption and fire safety for the building will be provided.

(b)

The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate. A required reduction in the proposed residential density must be based on a peer-reviewed traffic study.

4.

Dimensional regulations.

(a)

The height and the front, side, and rear yard setbacks of the building shall be treated as if they are legally nonconforming dimensions. The planning board shall have the authority to approve an additions to the existing building height, or reduction of the existing front, side, and rear yards, by special use permit.

(b)

To obtain such a special use permit, the applicant must provide evidence that the proposed use with the proposed height and front, side, and rear yard dimensions will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.

5.

Off-street parking and loading. The parking and loading requirements of article V of this ordinance shall apply to development of the site, provided, however, that:

(a)

No more than one parking space shall be required for each dwelling unit, and

(b)

The planning board or the administrative officer shall have the authority to waive or modify any requirement of article V of this ordinance that cannot be satisfied because of the size, shape, or location of the existing building or the lot on which the building is located.

6.

Performance and development standards.

(a)

Municipal services. The Planning Board must find that the development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces recreational programs and facilities, and other municipal services and facilities. The applicant shall estimate the impact the project will have on town services, including but not limited to police, fire, and emergency medical services; streets and other public infrastructure; and education. The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate.

(b)

Water pollution. The project shall be designed to prevent the pollution of surface water or groundwater. In making this determination, the planning board will review the project area including, but not limited to, the elevation of the land above sea level and its relation to the flood plains, the nature of soils and subsoils and their ability to adequately support wastewater disposal and other DAM-approved discharge; the natural gradient of the land and its effect on effluents; the proximity of the project to the aquifer and aquifer recharge areas; and the availability of streams for surface runoff. The planning board may place conditions on approval that protect the quality of surface water and groundwater.

(c)

Water supply. Sufficient water, including water pressure adequate for fire suppression equipment, must be available. The applicant must demonstrate by clear, convincing, and documented evidence that adequate potable water is available for reasonably foreseeable needs and that water use by the proposed development will not have an adverse impact on the water needs of adjacent properties.

(d)

Wastewater disposal. If the development is located in the groundwater protection overlay zone or within a wellhead protection area:

i)

The planning board shall require a total nitrogen removal of 50 percent at the treatment unit before discharge to the wastewater disposal system, pursuant to section 7.3 of this ordinance.

ii)

The applicant shall submit an assessment of the potential impacts of the proposed on-site wastewater disposal systems on surface water, groundwater, and public or private wells on adjacent properties.

iii)

The applicant shall prepare and submit to the Planning Board an operation and maintenance plan for the on-site wastewater disposal systems. The R.I. Handbook for Inspection of Operating Septic Systems shall be used as guidance for operation and maintenance.

(e)

Unique areas. The Planning Board must find that the project will not have an adverse impact on the scenic beauty of the project area, historic sites, or rare and irreplaceable natural areas.

(f)

Water bodies. If any part of the building is located within 300 feet of a water body or freshwater wetland, the proposed project shall not have an adverse impact on the water body or wetland.

(g)

Well protection areas. If a well or wells will be installed on the property, the entire wellhead must be located on property owned by the owner of the project, or the owner of the project must have a conservation easement on the wellhead. No structure that requires wastewater disposal shall be permitted within the wellhead protection area except on-site wastewater disposal systems required to serve the project; no hazardous materials shall be stored within the wellhead protection area; and no use that may contaminate the groundwater shall be permitted within the wellhead protection area.

7.

Environmental restrictions. Adaptive reuse of a building pursuant to this section is prohibited if the R.I. department of environmental management or the U.S. environmental protection agency has recorded a use restriction on the property in the land evidence records.

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

A.

Purpose. The transfer of development rights program, TDR, is a tool for the preservation of farmland and/or open space. It allows a community to encourage development toward land that is appropriate for development, and away from land that should be preserved. The purpose of the TDR sending area is to further the preservation of open space and/or farmlands located in Exeter. As the Towns of Exeter and North Kingstown have already taken extraordinary steps to preserve the farm land now or formerly known as the Bald Hill Nursery, and as this property serves as a gateway, it is the intent of Exeter to secure the development rights of the so called "retained ten acre parcel" (see attached Appendix A) by the use of this ordinance.

B.

Applicability. This section, 4.8, applies to any properties targeted for preservation in Exeter which are included in the Exeter Zoning Map Transfer of Development Rights Sending Area(s) Overlay zone. The intent and purpose of this ordinance is set forth in the memorandum of agreement (Appendix B).

C.

Process. The process identified and defined under this section allows for the transfer of development rights from the sending area in Exeter, to a receiving area in North Kingstown. As such, this process is also subject to the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). The Town of Exeter may issue a letter of yield certification.

D.

Definitions.

1.

Sending area(s). This is the area identified on the TDR overlay of the Exeter Zoning Map as sending area(s).

2.

Certificates of development rights. Upon the approval of a master plan by the Exeter Planning Board, the North Kingstown Planning Commission may authorize the issuance of a certificate of development rights from the director of planning provided that no appeal is filed during the appropriate appeal period.

3.

Receiving area. This is the area(s) in North Kingstown identified by the North Kingstown Code of Ordinances Article XXIII, chapter 21-622(2) as the North Kingstown receiving area(s).

4.

Receiving parcel. The parcel or parcels of land within the receiving area that development rights are being transferred to, except however, under this ordinance, no receiving parcel is to be located within 1,000 feet of the sending parcel.

5.

Deed restrictions. Restrictions placed on the sending parcel deed as part of the transfer of development rights process.

6.

Retained rights. These are the rights and/or the uses of the sending area parcel that are retained by the land owner after transferring the development rights of the parcel. These retained rights shall be defined in the deed restrictions submitted with the master plan application.

7.

Sending parcel. The parcel of land within the sending area from which development rights are being transferred from.

8.

Transfer of development rights. This is the process of selling or otherwise transferring the development rights of one parcel (sending parcel) to another parcel (receiving parcel) to allow for greater or more intense development of the receiving parcel and to provide for preservation of the open space/farmland at the sending parcel. As part of this process, the sending parcel agrees to restrict future development to the retained rights as defined in the deed restrictions.

9.

Yield. The maximum number and size of buildings, building lots, or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development such as wetlands.

10.

Letter of yield certification. A letter from the Exeter Planning Board certifying the potential yield of a sending area parcel.

E.

Procedure.

1.

Application. An application for TDR under this section shall be received by the planning board in the Town of Exeter for confirmation of consistency to this section and procedural and substantive relevant sections of the land development and subdivision regulations. Said application shall contain a plan that meets the requirements for a master plan for the sending parcel as defined in the Town of Exeter Land Development and Subdivision Regulations for conventional major land developments. A pre-application meeting is required.

2.

Deed restrictions. In addition to the other requirements spelled out in the Exeter Land Development and Subdivision Regulations, the master plan application shall include draft copies of the deed restrictions defining the retained rights and prohibitions for the sending parcel after the transfer of development rights. All deed restrictions shall, at a minimum, meet the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). Approval of the deed restrictions shall be within the discretion of the Exeter Planning Board.

3.

Yield. The Exeter Planning Board will review the master plan application and determine a practical yield plan based on current zoning, the requirements of the Exeter Land Development and Subdivision Regulations, and the Exeter Zoning Ordinance. Once the yield plan and the draft restrictive covenants are approved, the Exeter Planning Board will provide a letter of yield certification to the applicant. The letter of yield certification is valid for a period of one year, but can be extended due to good cause.

4.

Certificate of development rights. The applicant shall submit the letter of yield certification from the Exeter Planning Board to the North Kingstown Planning Commission for review and possible approval, and for issuance of a certificate of development rights by the North Kingstown Planning Director. Approval of the certificate of development rights is at the discretion of the North Kingstown Planning Commission and the planning director. No certificates may be issued until and unless, deed restrictions approved by the Exeter Planning Board and the planning board solicitor, have been recorded in the North Kingstown and the Exeter Town Halls.

5.

Sale and/or development. Sale of the development rights and/or development using the development rights shall follow all regulations and procedures specified for TDR in the North Kingstown ordinances and the North Kingstown Subdivisions and Land Development Regulations.

6.

Appeals process. Appeal of any decision from the Exeter Planning Board with regard to this ordinance shall be done in the manner specified in the Land Development and Subdivision Regulations Section 10.0.

(Ord. of 12-6-10)