This chapter shall be known and may be cited as the Zoning Ordinance of the Town of Middletown or simply as the Zoning Ordinance.

(Ord. passed 10-30-06)

   (A)   The districts and regulations set forth in this chapter are established in accordance with the Middletown Comprehensive Community Plan for the purpose of promoting the public health, safety, and general welfare of the town. The regulations are designed to:

      (1)   Lessen congestion in the streets;

      (2)   Provide adequate light and air;

      (3)   Secure safety from fire, panic, flooding and other dangers;

      (4)   Prevent the overcrowding of land;

      (5)   Avoid undue concentration of population;

      (6)   Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

      (7)   Avoid pollution of public water supplies; and

      (8)   Provide for the preservation of open space and agricultural land.

   (B)   They are designed with reasonable consideration, among other things, of the character of each district and its suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land through the town.

   (C)   These zoning regulations are in accordance with R.I. Gen. Laws § 45-24-30 and are adopted to promote the purposes and goals of the Comprehensive Community Plan, as well as the following:

      (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 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 town's Comprehensive Plan adopted pursuant to R.I. Gen. Laws § 45-22.2;

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

         (c)   The values and dynamic nature of coastal and 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 urban and rural development; and

         (g)   The use of innovative development regulations and techniques;

      (4)   Provide for the control, protection, and/or abatement of air, water, groundwater, noise pollution and soil erosion and sedimentation;

      (5)   Provide for the protection of the natural, historic, cultural, and scenic character of the town or areas therein;

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

      (7)   Provide 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;

      (8)   Promote 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;

      (9)   Provide opportunities for the establishment of low and moderate income housing;

      (10)   Promote safety from fire, flood, and other natural or man-made disasters;

      (11)   Promote a high level of quality in design in the development of private and public facilities;

      (12)   Promote implementation of the town's Comprehensive Plan pursuant to R.I. Gen. Laws § 45-22.2;

      (13)   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 municipal boundaries or have a direct impact on that municipality;

      (14)   Provide for efficient review of development proposals, to clarify and expedite the zoning approval process;

      (15)   Provide for procedures for the administration of this chapter, including, but not limited to, variances, special use permits, appeals, and, where adopted, procedures for modifications;

      (16)   Provide opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, R.I. Gen. Laws Title 34, Chapter 37, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Persons with Disabilities Act, R.I. Gen. Laws Title 42, Chapter 87 and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

(Ord. passed 10-30-06)

   The following findings are also made as a basis for these regulations:

   (A)   Middletown has been experiencing ever-increasing pressures for commercial, industrial and residential development. These pressures are in direct confrontation with the town's concern for the general safety, health and welfare of its inhabitants and the preservation of its natural resources. Of particular concern is the impact of future development on traffic, water supply and open space. In an effort to address these concerns by providing reasonable safeguards against inappropriate and potentially injurious development, this chapter has established a Watershed Protection District and Traffic Sensitive Districts and encourages the continued use of land for agricultural purposes, and provides for conservation development for the following reasons.

   (B)   Middletown is the primary watershed and major storage area for the water supply for the City of Newport and the Town of Middletown. It is essential that this resource be protected against diminution, damage or despoliation. Accordingly, this chapter, in recognition of these vital concerns, has established regulations and limitations with respect to the use and development of areas within the town which impact the watershed and storage areas and which are intended to protect this important resource by establishing a Watershed Protection District.

   (C)   Middletown suffers from serious traffic problems on its major highways, namely, East and West Main Roads, Valley Road and Aquidneck Avenue. These problems are evidenced by mounting vehicular congestion and an increasing number of accidents. These roads are now overtaxed far beyond their designed capacity and the future development of the town will only compound this situation. It is essential that future access to and egress from these highly congested roads be controlled as much as possible in the interest of public safety. In recognition of this problem, and for the purpose of providing a measure of control, this chapter has established Traffic Sensitive Districts.

   (D)   Middletown has a long history as an agricultural community with large open spaces which contribute to the beauty, quality of life and ecological balance of the town. It is the utilization of land for agricultural purposes which provides the most practical way of ensuring the preservation of these areas. Accordingly, in an effort to support and encourage the use of land for agricultural purposes to the fullest extent, this chapter establishes an Agricultural District. The fact that no district is specifically identified as an Agricultural District has no significance and the use of land for agricultural purposes shall be considered a primary use in any district.

   (E)   In recent years, patterns of both residential and commercial development have been inconsistent with historical rural development patterns. Rural development is characterized by large, aggregated, undeveloped land areas; natural features such as woodlands, steep slopes, floodplains, wetlands, stream and river corridors, hedgerows and rock outcroppings, scenic vistas and rural views; significant historic features such as old barns, heritage trees, etc.; and settlement patterns characterized by clusters of compact groupings of development in otherwise wide open spaces and/or appropriate topographic or vegetative screening. Conversely, conventional suburban development converts all buildable land into house lots and streets; except for wetlands, all natural areas are cleared and graded. This type of development does not take into consideration individual characteristics of land including environmental, cultural and historical resources. Conservation development, on the other hand, allows the same number of units as would be allowed under conventional development, but also ensures a significant portion of land is preserved in its natural state; thereby fulfilling the goals of Middletown's Comprehensive Plan.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   (A)   CHAPTER shall mean Chapter 152 of the Code of the Town of Middletown, Rhode Island.

   (B)   ORDINANCE as used herein refers to the Zoning Ordinance of the Town of Middletown, Rhode Island, being Chapter 152 of the Code of the Town of Middletown, Rhode Island, as amended by this comprehensive amendment enacted by the Town Council of the Town of Middletown pursuant to the rezoning process conducted by the town in 1994 and 2000.

   (C)   REGULATIONS as used herein refers to the Rules and Regulations Regarding the Subdivision and Development of Land as adopted by the Planning Board of the Town of Middletown.

(Ord. passed 10-30-06)