Lincoln City Zoning Code
ARTICLE I
General Provisions
§ 260-1 Introduction; purpose.
The zoning regulations set forth in this chapter are in accordance with and promote the implementation of the Lincoln Comprehensive Plan and the Rhode Island General Laws. The Town of Lincoln recognizes the following purposes each with equal priority:
A.
Promoting the public health, safety, and general welfare of the Town of Lincoln.
B.
Providing for a range of uses and intensities of use appropriate to the character of the Town and to reflect current and expected future needs.
C.
Providing for orderly growth and development which recognizes:
(1)
The goals and patterns of land use contained in the Lincoln Comprehensive Plan;
(2)
The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
(3)
The values and dynamic nature of freshwater ponds, the shoreline and freshwater wetlands;
(4)
The values of unique or valuable natural resources and features;
(5)
Availability and capacity of existing and planned public and/or private services and facilities;
(6)
The need to shape and balance urban and rural development; and
(7)
The use of innovative development regulations and techniques.
D.
Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
E.
Providing for the protection of the natural, historic, cultural, and scenic character of the Town or areas therein.
F.
Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.
G.
Providing for the protection of public investment 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.
H.
Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.
I.
Providing for the opportunities to establish low- and moderate-income housing.
J.
Promoting safety from fire, flood, and other natural or man-made disasters.
K.
Promoting a high level of quality in design in the development of private and public facilities.
L.
Promoting implementation of the Lincoln Comprehensive Plan.
M.
Providing 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 municipal boundaries or have a direct impact on that municipality.
N.
Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
O.
Providing for procedures for the administration of the Zoning Ordinance, including, but not limited to, variances and special use permits.
§ 260-2 Statement of consistency.
This chapter is consistent with the Lincoln Comprehensive Plan adopted by the Lincoln Town Council in August of 2003 (Ordinance 03-25), pursuant to Title 45, Chapter 22.2, of the Rhode Island General Laws, as amended to the date of this chapter.
§ 260-3 Construction and interpretation.
In the instance of uncertainty in the construction or application of any section of the chapter, the chapter shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the Lincoln Comprehensive Plan.
§ 260-4 Compliance required.
All buildings or structures hereafter erected, reconstructed, altered, enlarged or moved and all uses of premises or land in the Town shall be in conformity with the provisions of this chapter. Uses and structures, existing on the effective date of this chapter shall be permitted to continue under the provisions of Article IX, Nonconformance, of this chapter. No building, structure, premises or land shall be used for any purpose or in any manner other than what is permitted in the district in which such building, structure, premises, use or land is located except as hereinafter provided.
§ 260-5 Supersession.
This Zoning chapter supersedes any and all previous zoning ordinances enacted prior to the effective date of this chapter.
§ 260-6 Zoning maps.
The "Zoning Map of Lincoln," numbered 1 through 45, shall constitute the Official Zoning Map of the Town and is hereby adopted and made part of this chapter.[1] The Official Zoning Map shall consist of Zoning Overlay Maps in the office of the Town Clerk dated the effective date of this chapter and shall depict all zoning districts and overlay zoning districts. Amendments to said maps shall be clearly shown with reference to the corresponding Town Council record documenting said amendment.
A.
Labels. The districts, their abbreviations and common names are designated, by way of example, as follows: "UU-DD-OOO." The first part of the designation is the usage classification. The second part is the dimensional classification. The third part, if any, refers to the presence of an overlay classification. See below for the common names of the abbreviations.
UU | Common Name (See Article III) | |
RA | Residential Agricultural | |
RS | Residential Single-Family | |
RL | Residential Limited | |
RG | Residential General | |
BL | Business Limited | |
ML | Manufacturing Limited | |
MG | Manufacturing General | |
CR1 | Commercial Recreation 1 | |
CR2 | Commercial Recreation 2 (less restrictive) | |
VCMU | Village Commercial Mixed Use |
DD | Dimensional Requirements (See Article IV) | |
40 | 40,000 square feet lot | |
20 | 20,000 square feet lot | |
12 | 12,000 square feet lot | |
9 | 9,000 square feet lot | |
7 | 7,000 square feet lot | |
0.05 | Floor to area ratio (FAR) of 0.05 |
OOO | Common Name (See Article VIII, Overlay Zones) | |
AHZ | Airport Hazard Zone | |
APC | Area of Planning Concern Overlay District | |
WWPOD | Watershed and Wellhead Protection Overlay District | |
FHOD | Flood Hazard Overlay District | |
BRV | Blackstone River Valley Overlay District | |
MRV | Moshassuck River Valley Overlay District | |
MCOD | Mill Conversion Overlay District |
B.
Boundaries. The boundaries between districts as shown on the Zoning maps shall be determined according to the following criteria unless otherwise indicated:
(1)
Where a boundary is shown as following a street or other right-of-way, the boundary shall be the center line of said street or other right-of-way, unless indicated otherwise.
(2)
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 maps shall be the distance in feet between them as measured at a right angle from such line, unless indicated otherwise.
(3)
Where the boundary of a district follows a river, stream, pond, or other watercourse, the boundary line shall be deemed to be the limit of the mean high water mark unless indicated otherwise.
(4)
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 effect the location of a zoning district divisional line.
(5)
Where the location of the district boundary line is otherwise uncertain, the Zoning Enforcement Officer shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the maps. The Zoning Enforcement Officer's decision may be appealed to the Zoning Board of Review.
(6)
Where a lot is divided by a zone boundary line, the site of the building within the zone will determine the use. If any part of the structure is divided by a zone boundary line, the most restrictive zone will apply.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.