The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

A.

No structure or land shall hereinafter be used or occupied and no structure, including signs, or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

B.

No structure shall hereafter be erected or altered [to]:

1)

Be greater in height or volume;

2)

Accommodate or house a greater number of families;

3)

Occupy a greater percentage of lot area;

4)

Have narrower or smaller front yards, rear yards, side yards, frontage or other open spaces; than herein provided, or in any other manner contrary to the provisions of this chapter.

C.

No yard or lot legally existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

D.

No required yard or open space use provided around any building for the purpose of complying with the provisions of this chapter shall again be used as a yard or open space for any other building.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The symbols in the table below have the following meanings:

Y = Permitted use

N = Not permitted

S = Permitted by Special Use Permit

A = Permitted only accessory to a principal permitted use

The abbreviations for each of the zoning districts in this table are as described in section 82-500, Zoning districts.

CWe refers to the Commercial Waterfront District at East Ferry and CWw refers to the Commercial Waterfront District at West Ferry. Mixed use refers only to a mix of uses. The individual uses being mixed shall be governed separately in the use table. Note that any non-residential use allowed by special use permit in a residential district must follow the standards of section 82-1213 and any industrial use allowed by special use permit must follow the standards of section 82-1240.

* The provisions of this table notwithstanding, for the purposes of calculating minimum lot size, maximum lot coverage, maximum building height, minimum yard dimensions, setbacks for accessory structures, the maximum number of lots or dwelling units and the uses permitted in a conservation development in any zoning district where permitted, shall be governed by the provision of article 15, Conservation developments, of this chapter.

+ Mixed use refers only to a mix of uses. The individual uses being mixed shall be governed separately in the use table.

++ Heliport and/or helistop are prohibited uses, and have always been prohibited in all districts, no matter whether the use is a principal or accessory use of the property.

+++ Uses as defined in G.L. 1956, § 21-28.6-3 and under § 21-28.11-3(14) of the Rhode Island Cannabis Act.

> Limited to transfer (not storage) only.

(Ord. of 2-3-2025(1), § 1(Exh. A))

OS-I conservation preserve zone. Enhancements are restricted and may include, but are not necessarily limited to, items such as trails, boardwalks and observation platforms.

OS-II park and recreation zone. Certain state- and town- owned properties are further governed by deed restrictions which may limit development of facilities that are normally allowed under zoning.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The district dimensional regulations set forth in Table 6-2 shall be met for all uses of land permitted under this chapter.

* = Use these setbacks when directly adjacent to commercial districts. When a street directly abuts a property boundary, the lesser setback will apply.

* Lots existing as of October 22, 2009 shall not be considered non-conforming by lot width maximum.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Exceptions to height regulations are as follows:

A.

The following structures or parts of structures may be erected above the specified height regulations as follows in all districts in accordance with subsection B [of this section]: chimney; church spire, tower, cupola or belfry; elevator or air conditioning penthouse; flagpole; radio or television antenna; silo; water tower; detached residential wind structures servicing on site uses.

B.

Public and semipublic structures or parts of structures in any OS, P or C districts and the parts of structures noted above in RR districts may exceed the height regulations of the zone in which they are located, provided they are set back from all lot lines in addition to the required yards, five feet for each one foot of such excess. Any such public or semipublic structure in excess of 50 feet shall be required to receive a special use permit from the zoning board of review. At a minimum, all such structures shall be set back a minimum of one foot for every foot of height of the structure.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The space in a required front, side or rear yard shall be open and unobstructed with the following exceptions:

A.

Ordinary projections of windowsills, cornices and other structural features may extend not more than 12 inches into the space above a required yard.

B.

Landscape features such as trees, fences, shrubs and patio may be placed in any yard area.

C.

In C districts only, an outdoor telephone booth may be located in a front yard area provided it is adjacent to a permitted curb parking area or an off-street parking facility.

D.

Fences and walls not exceeding six feet in height in any district may be constructed in any yard.

(Ord. of 2-3-2025(1), § 1(Exh. A))

When a lot has frontage on a street at both ends of the property, the lot shall be considered to have two front yards and shall adhere to front yard setbacks along both streets.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Street frontage regulations in any R district may be reduced to not less than 60 feet for those lots entirely fronting on cul-de-sacs at the end of dead-end streets.

B.

Upon approval of the planning commission as part of a conservation development only as provided in the subdivision and land development regulations, the lot frontage and lot width variations listed below may be permitted by the planning commission.

1)

In residential RR-200, RR-80, R-40 and R-20 zoning districts, the planning commission is authorized to reduce the lot frontage and lot width of newly created lots on any public or approved private street to a minimum of 40 feet.

2)

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

3)

As part of the application to the planning commission for flexible lot frontage and width, a "conventional yield plan" as defined herein, shall be required. No more buildable lots shall be allowed using flexible lot frontage and width provisions than are allowed by using conventional frontage and width provisions.

4)

The planning commission may require the use of shared driveways as a condition of reducing lot frontage and width for proposed new lots in a conservation development or as a way of reducing curb cuts onto public roads. In this instance legal access easements shall be required for those properties sharing driveways.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Not more than one principal residence shall be permitted on a lot in any residential district. This provision, however, shall not be construed to limit the number of multifamily residential structures, hotels, or motels constructed in full accordance with all applicable provisions of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

At street intersections in all districts, no building or structure shall be erected and no vegetation shall be maintained between a height of two and one-half feet and seven feet above street level of the triangle formed by the two pavement edge lines and a third line joining points on the pavement edge line of 25 feet from the intersection.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All lots located in an R-40 zoning district which at the time of adoption of this chapter were 20,000 square feet or less in area shall be governed by the district dimensional requirements set forth in Table 6-2 for the R-20 zoning district; provided, nevertheless, that the minimum lot size set forth in such Table 6-2 for the R-20 zoning district shall not apply to such lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All lots located in an RR-80 zoning district which at the time of adoption of this provision were 40,000 square feet or less in area shall be governed by the district dimensional requirements set forth in Table 6-2 for the R-40 zoning district; provided, nevertheless, that the minimum lot size set forth in such Table 6-2 for the R-40 zoning district shall not apply to such lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))