(a)

The uses, controls, and restrictions contained in the official redevelopment plan Rhode Island General Laws R-24 as adopted by the town council on November 25, 1969, and as amended by the town council on June 28, 1972, on September 19, 1973, on March 21, 1983, on April 4, 1983, on July 18, 1983, on June 18, 1984, and on March 18, 1985, shall be deemed to be the zoning requirements for said urban renewal zone.

(b)

Notwithstanding any other provisions to the contrary contained in this zoning ordinance or any other ordinance of the Town of Narragansett, the town council shall continue to exercise all of the rights, responsibilities, approvals, and authority granted to it or its predecessor-in-interest, the Narragansett Redevelopment Authority, as it relates to all of the uses, controls, restrictions, and approvals required or set forth in the redevelopment plan. This shall include, but not be limited to, the right of the town council to review and approve all changes to any previously approved plan, site plan, construction or other work done within the urban renewal zone and to also review and approve all new construction, projects, site plan changes or any other work proposed within the urban renewal zone.

(c)

All applications submitted to the town council for review and approval pursuant to either subsection 7.1(b) or any other provision of the redevelopment plan referenced in subsection 7.1(a) shall be referred to the planning board for their review and recommendation to the town council.

(Ch. 926, § 1, 11-16-2009)

(a)

Mobile homes or trailers shall not be used as dwellings except in existing authorized trailer or mobile home parks or pursuant to subsection 7.2(b) below. No new mobile home parks shall be constructed, and no existing mobile home parks shall be expanded within the town. Parking and storage of mobile homes and trailers which are not in use must comply with the provisions of section 7.13 of this ordinance.

(b)

Notwithstanding the provisions of this section and section 6.1 zoning Use Code 08 to the contrary, the owner of a single-family dwelling which has been declared uninhabitable due to circumstances beyond the owner's control, may, for a period not to exceed 120 days, have on the premises for the purposes of a dwelling, a single mobile home. At the expiration of the 120-day period, or upon the completion of the repair and/or reconstruction of the dwelling if this occurs prior to 120 days, the mobile home shall be removed. No certificate of occupancy shall be issued for the repaired and/or reconstructed dwelling unit until such time as the mobile home has been removed from the property.

For purposes of this section, accessory use shall be as previously defined in this ordinance (section 2). Accessory structures shall include but not be limited to unlighted tennis and paddle-tennis courts, skateboard ramps, swimming pools, garages for passenger or commercial vehicles, greenhouses, playhouses, garden houses, toolhouses, stables, barns, solar energy collectors, studios, sheds, and portable temporary storage units. Mailboxes, swing sets, dog houses, flag poles and minor ornamental improvements shall not be subject to these regulations.

(1)

Restrictions. Accessory buildings and structures may be permitted in all zones. The combined coverage of all principal and accessory buildings and structures located on a lot shall not exceed the applicable maximum building coverage requirements prescribed in the Table of Dimensional Regulations in section 6.4 (or section 6.5 for legal substandard lots of record) of this ordinance.

Accessory buildings and structures not greater than 144 square feet in floor area and not more than 11 feet in height, measured from the average natural grade at the base to the highest point of the building or structure, shall be set back as distance at least equal to one third of the side yard and rear yard dimensions specified in the Table of Dimensional Regulations in section 6.4 of this ordinance. Such accessory buildings and structures shall comply with the front yard setbacks specified herein.

An accessory building or structure greater than 144 square feet in ground floor area or greater than 11 feet in height shall comply with the required front, rear, and side yard dimensions specified in the Table of Dimensional Regulations, and shall be limited in height to a maximum of 15.5 feet measured from the average natural grade at the base to the highest point of the building or structure.

An accessory building or structure over 1,500 square feet in ground floor area or greater than 15.5 feet in height shall constitute a special permit use and shall require site plan review and approval in accordance with the provisions of section 18 of this ordinance.

Accessory buildings and structures of up to 80 square feet in floor area proposed for location on sites with non-conforming primary uses shall be exempt from the public hearing requirement of section 11.3, provided no dimensional relief from setbacks or coverage is required.

Portable temporary storage units. For properties located in residence zones, PTSU's shall be allowed by permit, subject to appropriate time limitation not to exceed one year per judgment of the building official. A fee of no less than $50.00 per month shall be paid to the town following 60 days grace period from the date the permit is issued by the building official. There shall be allowed no more than one PTSU per dwelling unit. The maximum size of a PTSU for use on a residential site shall not exceed eight feet wide, 20 feet long and eight feet high. The location of any PTSU shall meet the required setbacks within the zone. This requirement is reduced as described below for PTSU's of less than 144 square feet. Where practical, PTSU's shall be located within driveways, but not obstructing any required parking spaces, fire lanes, loading zones or rights-of-way. If, due to the particular site conditions of the property it is impractical to meet the set back requirements of this ordinance, then the property owner may request relief from the set back requirements as a staff review under section 16.1 of the zoning ordinance.

Notwithstanding the above allowances, the right to place a PTSU on any property shall not violate or modify any limits or restrictions already existing due to an approved site plan from the zoning board of review or due to a zoning board of review decision.

Non-permitted units shall be assessed an immediate $200.00 penalty upon issuance of a violation notice by the building official, and charged accordingly thereafter.

(2)

Swimming pools. Swimming pools, including portable pools deep enough to contain a water depth of more than 24 inches, shall comply with the following requirements:

a.

No pool which is accessory to a one- or two-family dwelling shall be located in the front yard thereof;

b.

The pool and any accessory equipment shall comply with the required side and rear yard setbacks of the lot on which it is located;

c.

Exclusive of gates or doors, the fence or wall shall contain no holes or gaps which have any dimension greater than four inches. If the wall or fence is not opaque, the area in which the pool is located shall be screened from the view of abutting properties by means of thick hedges at least six feet high;

d.

In-ground pools shall have an apron no less than four feet wide on any side accessible to foot traffic;

e.

The pool shall have no lighting or spotlighting which illuminates any area beyond the boundaries of the lot on which it is located;

f.

The pool shall be equipped with a filtration system which shall be either screened or enclosed on all sides or located below ground.

(3)

Tennis, deck, or paddle tennis courts. Tennis, deck, or paddle tennis courts, skateboard ramps and similar accessory recreation facilities shall comply with the following requirements:

a.

No such facility which is accessory to a residential use shall be located in the front yard thereof;

b.

No part of any such facility shall be located nearer than 15 feet to any property line;

c.

The facility shall have no lighting or spot lighting, unless such lighting is approved as a special use permit by the zoning board of review;

d.

The area in which the facility is located shall be screened from the view of abutting properties by means of an opaque fence or wall or thick hedges at least six feet high.

(4)

Home occupations. Home occupations, as defined in this ordinance (section 2) are permitted as accessory uses in all zones when conducted and carried on entirely within the dwelling unit by the occupants thereof, provided that:

a.

The use is conducted solely within the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes;

b.

There is no exterior display or advertising of goods or services, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the dwelling unit;

c.

The establishment of the occupation does not require internal or external alterations or involve construction features not customarily found in dwelling units;

d.

The occupation does not utilize more than 25 percent of the floor area of the first story of the dwelling unit;

e.

The occupation does not produce or emit offensive noise, vibration, smoke, dust, odors, heat or glare, radiation, radio or television interference, or any other nuisance;

f.

The occupation is conducted in such a manner and during such hours that it is not obnoxious, offensive, or detrimental to the immediate neighborhood;

g.

The occupation employs no more than one employee or helper other than members of the family residing in the dwelling unit;

h.

When the occupation involves music instruction or scholastic teaching or tutoring, the home office or studio shall be so equipped and used that no sounds therefrom can be heard beyond the boundaries of the premises in which the occupation is being conducted.

(5)

Trash containers. Trash compactors, dumpsters, and other large trash containers serving single-family, multifamily, commercial, and industrial structures and developments shall comply with the following requirements:

a.

The compactor, dumpster, or container shall not be permanently located closer to the property lines than the permissible distance for an accessory structure in the zone;

b.

The compactor, dumpster, or container shall not be located in any required loading berth or in any required off-street parking space;

c.

The compactor, dumpster, or container shall be appropriately screened or located so as to minimize its effect on residential uses;

d.

The design and operation of any trash compactor shall be rodentproof and shall be approved by the building inspection division prior to installation.

(Ch. 811(1), § 1(7.3), 3-4-2002, Ch. 894, §§ 3, 8, 11-5-2007; Ch. 897, § 3, 5-5-2008; Ch. 1030, § 2, 10-17-2016; Ch. 1118, § 11, 12-18-2023)

In order to improve safety and appearance in any development requiring site plan review and approval under the provisions of this ordinance, all new utilities and services, including power, communication, and cable television lines and equipment, shall be installed underground, unless such installation is wholly impracticable. All installations shall be made in accordance with the rules and regulations of the appropriate municipal district and/or utility company. If the site includes a new road, all underground utility lines, except service connections, shall be located outside of the traveled way. If the utility lines will be located outside of the road right-of-way, the necessary easements for this purpose must be provided prior to the submission of the application for site plan approval.

Cross reference— Utilities, ch. 78.

Individual sewage disposal systems shall be maintained in accordance with applicable requirements of the Town of Narragansett and the State of Rhode Island. New or substantially improved ISDS must employ denitrification if located within 200 feet of any coastal feature adjacent to the Narrow River, Point Judith Pond, Wesquage Pond or other poorly flushed estuarine waters.

(Ch. 811(1), § 1(7.5), 3-4-2002)

Cross reference— Utilities, ch. 78.

(a)

Number of structures. Except for designed multistructure developments, not more than one principal building shall be built or located on any single lot.

(b)

Lot area requirements. No land area, yard, or other open space provided around any building for the purpose of complying with these regulations shall be included as part of the land area, yard, or open space required for any other building. No land area, yard, or other open space on one lot shall be considered as land area, yard, or open space for a building on any other lot.

No more than 25 percent of the minimum lot area required under this ordinance may be satisfied by land which is under water or a wetland.

Window sills, cornices, and other ornamental features may project one foot into a yard. The required landing, stairway or entrance porch for a dwelling may project into the required front yard the minimum dimensional regulation required by the state building code. Movable awnings may be exempted from front yard requirements, provided they are eight feet above pedestrian walkways.

Duplex dwellings, garden apartments, patio dwellings, and a shopping center shall be considered one building occupying one lot for purposes of side yard regulations.

If existing buildings located within the same block and zone, and on the same side of the street, are set back less than the minimum front yard depth prescribed in the Table of Dimensional Regulations in section 6.4 of this ordinance, then any building constructed on that lot may have a front yard depth which is equal to the average setback of the adjoining existing buildings.

(c)

Sight distance on corner lots. On corner lots at street intersections, no fence, wall, structure, tree, shrubbery, or other obstruction higher than two feet shall be erected or maintained in the triangular area bounded by the two front lot lines and a third line which joins points lying 15 feet from the intersection on each lot line.

(d)

Exceptions to height limitations. The maximum building height limitations of this ordinance shall not apply to church spires, flagpoles, chimneys, smokestacks, cupolas, water tanks, and solar energy collectors. The maximum building height for any lot located in the pier historic district, as delineated in the historic and scenic resources map (figure 11-1) of the Narragansett Comprehensive Plan, may be modified as follows: If existing buildings located within the same block and zone and on the same side of the street as a given lot, have an existing building height greater than those proposed in the table of dimensional regulations, then any building constructed on that lot may have a building height equal to the average height of the existing buildings within the area noted above. Church spires, flagpoles, chimneys, cupolas, and similar structures shall not be considered in the building height calculation of surrounding buildings.

(e)

Exemptions for handicap access ramps. The minimum front yard, side yard or rear yard requirements in all zones under section 6.2 of this ordinance may be waived by the building inspection division upon a demonstration that waiver requested is least necessary to effect safe access for a handicapped occupant under the state building code.

(f)

Fences and walls. The minimum front, side, and rear setbacks of this ordinance shall not apply to fences or walls that are installed for the purpose of delineating property bounds or to separate one area of a yard from another. All fences shall be constructed with the finished side facing outward and no property line wall or fence shall be more than seven feet in height. Walls installed for the purpose of retaining an existing or proposed area of higher grading shall not be allowed along the property boundary, but rather shall be set back a distance from the nearest lot line equal to or greater than the measurement of its highest elevation. All retaining walls exceeding four feet in height will require stamped drawings designed by a licensed engineer and a detailed landscape plan to visually buffer the view from neighboring properties. The building official may require stamped design drawings for walls of lesser height depending on soil conditions, anticipated loads and proposed wall construction methods or materials. Any drawing submitted by a licensed engineer shall be approved by the town engineer prior to issuance of a permit to fill and/or to construct on the property. Landscaping plans shall be approved by the community development director.

(g)

Hardscape requirement. Any lot used for residential purposes that is less than 23,000 square feet in gross lot area shall comply with the hardscape requirements of the dimensional regulations of section 6.4(b). The area that makes up the difference between actual building coverage and the maximum permitted building coverage shall be maintained as softscape as defined herein, and available for future expansion, except, that it shall not be utilized for parking of vehicles.

(h)

Front-yard softscape requirement. For any lot used for residential purposes, that is less than 23,000 square feet in gross lot area, a minimum of 52 percent of the area within the front-yard as determined by the zoning officer, shall be maintained as softscape as defined herein. For lots that are substandard in lot width, this requirement shall be reduced to 43 percent.

(Ch. 789, § 4, 9-20-1999; Ch. 811(1), § 1(7.6), 3-4-2002; Ch. 878, § 2, 7-3-2006; Ch. 1030, § 3, 10-17-2016; Ch. 1087, § 3, 6-21-2021; Ch. 1118, § 10, 12-18-2023)

No land alteration, construction, or development in the Town of Narragansett may result in an increase in the rate or volume of stormwater runoff, erosion, or sedimentation off-site or downstream. All proposed construction and development which will increase the impervious surface on any lot or tract by more than ten percent of the lot area shall include systems to manage stormwater and to control erosion and sediment.

(1)

Stormwater management. The stormwater management system for any site shall be designed to offset the increase in the rate of stormwater resulting from the proposed development. It shall implement the techniques and measures recommended in the most current revision of or supplement to "Urban Hydrology for Small Watersheds, Technical Release No. 55," prepared by the United States Department of Agriculture, Soil Conservation Service or the Rational Method as may be deemed appropriate by the town engineer based on the size and characteristics of the property under review.

The system shall incorporate, to the maximum extent practicable, the natural drainage features of the site, including natural drainageways and permanent and periodic ponding areas. It also shall include stormwater control facilities such as pipes, ditches, culverts, swales, and, if necessary, water retention areas and structures.

The system shall prevent the discharge of stormwater runoff onto adjoining property in a manner which causes flooding or impairs the use or development of the property. Temporary stormwater and erosion control facilities adequate to protect adjoining property shall be installed at the commencement of construction, excavation, grading, or removal of vegetation. For purposes of this section, any property which faces a construction site across any street or highway shall be deemed adjoining property.

(2)

Erosion and sediment control. In order to minimize erosion and sedimentation, all development shall preserve salient natural features, limit cut and fill operations, and ensure conformity with topography to the maximum extent practicable. The erosion and sediment control system shall include the following techniques and measures, as necessary:

a.

Disturbed soils shall be stabilized as soon as practicable;

b.

Temporary vegetation and/or mulching shall be used to protect exposed land areas during development;

c.

Permanent (final) vegetation shall be planted and supplemental erosion control measures shall be installed as soon as practicable;

d.

Until a disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or similar measures;

e.

Provisions shall be made to prevent surface water from damaging the cut face of excavations or the loping surface of fills;

f.

All fills shall be compacted to stabilize material and to prevent undesirable settlement;

g.

Fills shall not encroach on natural watercourses or constructed channels;

h.

Fills placed adjacent to or having an impact upon natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding;

i.

During grading operations, appropriate measures for dust control shall be exercised;

j.

Grading equipment shall not be allowed to enter into or cross any watercourse, unless absolutely necessary.

Preservation of vegetation, including but not limited to trees, ground cover, and aquatic vegetation, is important for soil retention. Natural vegetation, particularly trees, shall be retained, protected, and supplemented to the maximum extent practicable. Removal of vegetation and regrading shall be done in such a way as to minimize erosion. Disturbed areas shall be replanted as soon as practicable.

(3)

Content of stormwater management and erosion control plans. All applicants for site plan approval or, if site plan approval is not required, for a building permit, shall submit plans and specifications for the construction and maintenance of systems for stormwater management and erosion and sediment control. The plans shall include the following:

a.

A narrative description of the development;

b.

A construction schedule showing when, in the sequence of grading and construction activities, the installation of stormwater, erosion, and sediment control facilities will occur;

c.

Base flood elevation data;

d.

Stormwater runoff calculations analyzing the peak discharge rates of flow and volume from ten year and 25-year storms of 24-hour duration, using a type III distribution. Calculations shall be based on the methodology contained in "Urban Hydrology for Small Watersheds, Technical Release No. 55," as revised or supplemented;

e.

Design criteria and construction details for proposed stormwater, erosion, and sediment control facilities;

f.

A narrative description of the procedures to be used to install, operate, and maintain proposed stormwater, erosion, and sediment control facilities;

g.

A narrative description of the plans for preserving trees and other vegetation.

The plans also shall include a site plan showing the following:

a.

The proposed site layout;

b.

A schematic layout of the proposed methods of controlling stormwater runoff, erosion, and sedimentation;

c.

Existing and proposed contours, grades, and critical spot elevations;

d.

Existing tree lines, grassy areas, or unique vegetation;

e.

Boundaries of the different soil types existing on the site;

f.

The dividing lines and direction of flow for different drainage areas;

g.

Areas with potentially significant erosion problems;

h.

Areas which are to be cleared and graded.

(4)

Compliance and enforcement. No application for site plan approval shall be granted nor building permit issued unless the town engineer certifies that the proposed development complies with the requirements of this section. The zoning board of review may require an applicant to provide surety covering the estimated costs of completing the necessary stormwater, erosion, and sediment control systems.

The failure of an applicant or property owner to install, maintain, repair, and replace all required stormwater, erosion, and sediment control facilities shall be a violation of this ordinance. The town engineer may enter any land or water in order to conduct any investigation, inspection, examination, or survey necessary to effect the purpose and intent of this section. If the owner of the property does not consent to such inspection entry, the town engineer is empowered to apply for an administrative search warrant permitting the inspection entry.

(Ch. 1016, § 6, 5-2-2016)

(a)

Landscaping and buffer areas. Unless the zoning board of review authorizes otherwise, all areas of multifamily and nonresidential properties which are not used for structures, off-street parking and loading, permitted outdoor storage, sidewalks or similar purposes, and which are not kept in their natural state, shall be landscaped with grass, shrubs, trees, and other ground cover so as to minimize erosion and stormwater runoff.

Landscaping plans and specifications must be included in all applications for site plan review.

Landscaped buffer areas at least ten feet wide shall be provided along all property lines of multifamily and nonresidential uses which abut residential zones. The vegetation in such landscaped areas shall include evergreens which are at least five feet tall when planted, and/or other plantings of sufficient type, height, spacing, and arrangement to screen the multifamily or nonresidential use. Where existing topography and/or landscaping or vegetation adequately screens a multifamily or nonresidential use from abutting residential uses, the zoning board of review may modify the requirements for landscaped buffer areas. Where necessary, it also may allow the use of a suitable wall, earth berm, or fence as a substitute for some or all of the required buffer area.

All required trees, shrubbery, and other plantings shall be trimmed, maintained in good condition, and, when necessary, replaced.

(b)

Illumination. All exterior illumination shall be shielded from the view of surrounding properties and streets, and must be approved by the zoning board of review.

Any main structure or use erected, added to, or developed after the date of passage of this ordinance, must provide a permanently maintained off-street parking facility with the following number of spaces.

(1)

Residential:

a.

Dwellings and apartments up to 4-bedrooms. One car space, equaling at least 200 square feet, for each bedroom with a minimum of two car spaces for each dwelling unit. Garage space and carports actually used for automobile parking may be counted to meet this regulation and may not be converted to living space without the necessary parking space being relocated onsite or relief from this section by the zoning board of review. Bunk rooms shall require 200 square feet for each bed.

b.

Dwellings exceeding four bedrooms. A parking area equaling a minimum of 300 square feet per bedroom/or occupancy shall be required in compliance with section 7.10. Garage space and carports actually used for automobile parking may be counted to meet this regulation and may not be converted to living space without being relocated onsite or relief from this section by the zoning board of review. Bunk rooms shall require 200 square feet for each bed.

(2)

Hotels, motels, and roominghouses. One and a half car spaces for each unit.

(3)

Office uses. One car space for every 250 square feet of floor area.

(4)

Retail and service business. Five and one-half car spaces for every 1,000 square feet of net leasable area.

(5)

Restaurants, theaters and other places of public assembly. One and a half car spaces for every four seats or for every four persons of capacity.

(6)

Industrial and wholesale uses. One car space for every two employees. (See section 12.6.(7).)

(7)

All other uses. One car space for every 250 square feet of floor area.

(8)

Marina. One car space for each slip and mooring plus one car space for every two employees.

(9)

Golf course (18 hole). Without dining facilities, 100 car spaces. With dining facilities, 100 car spaces, plus 1½ additional spaces for every four persons of capacity.

(10)

Pool or rink (capacity based upon 30 square feet per person). One car space for every four persons of capacity.

(11)

Athletic fields and courts. One car space for every four persons of capacity.

(12)

Miniature golf course. Two and one-half car spaces per green.

(13)

Driving range. One car space per tee.

(14)

Bowling alley and billiards. Four car spaces per lane. Two car spaces per table.

(15)

Nursery or private school. One car space for each teacher and employee plus one car space for every four students.

(16)

Exercise and fitness center. Five and one-half car space for every 1,000 feet of gross leasable area.

(Ch. 811(1), § 1(7.9), 3-4-2002; Ch. 1087, § 4, 6-21-2021; Ch. 1124, § 3, 5-20-2024)

Cross reference— Traffic and vehicles, ch. 74.

Any pervious or impervious driveway shall first require a permit from the building inspections department, and shall comply with section 7.9 of the zoning ordinance. Plans and specifications for the required off-street parking facility and its access drives shall be submitted with the application for site plan review, pursuant to section 18 of this ordinance, or, if site plan review is not required, with the application for a building permit for the main use. In all residential developments exceeding four bedrooms and all non-residential developments, each car space shall be at least 8½ feet wide and 18 feet long and shall be served by suitable aisles (each lane being a minimum ten foot width or greater if required by the building official based on site conditions) to permit access to all car spaces and egress from the site in a forward manner. In no case shall the gross area of the facility be less than 300 square feet per car space, except for single family dwellings of four bedrooms or less, where there shall be no less than 200 square feet of gross area per car space.

The facility shall have a dust-free, hard surface, either pervious or impervious, and shall be provided with bumper guards where needed.

(Ch. 1087, § 5, 6-21-2021)

Cross reference— Traffic and vehicles, ch. 74.

All required off-street parking facilities must be constructed on or adjacent to the site of the main use.

Cross reference— Traffic and vehicles, ch. 74.

(a)

Screening. Any off-street parking facility lying within or adjacent to a residential zone must be screened from view by means of an opaque fence between four feet and seven feet high, or by a double row of evergreens, planted alternately, which are at least five feet tall when planted.

(b)

Illumination. Lighting fixtures used to illuminate the parking area shall be no higher than 14 feet above the ground and shall reflect the light away from adjacent property and streets.

(a)

Commercial vehicles. In any residential zone, the parking or storage of commercial vehicles with a gross vehicle weight (GVW) of more than 12,000 pounds shall not be permitted except where such parking or storage is directly related and accessory to a permitted use or legal nonconforming use on the premises.

(b)

Major recreation vehicles and equipment. In any residential zone, the parking or storage of major recreation vehicles and equipment, including travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats, boat trailers, and similar equipment, must comply with the following regulations, with the exception of mobile homes pursuant to section 7.2 of this ordinance:

(1)

Not more than one travel trailer, pickup camper or coach, motorized dwelling, tent trailer, or boat trailer may be parked or stored. Any such equipment shall be no more than nine feet in height;

(2)

No major recreation vehicle, or equipment, while parked or stored, shall be used for living, sleeping, or housekeeping purposes;

(3)

The storage of derelict or irreparably damaged major recreational vehicles, equipment or boats is prohibited in all residential zones;

(4)

Outside storage of boats with accessory trailer or cradle shall in addition conform to the following requirements:

a.

Storage of boats or vessels in excess of 32 feet in length is prohibited on residential lots.

b.

Storage of boats shall wherever possible take place in rear or side yard areas except where terrain, topography or existing site features render such storage impractical.

c.

Boats shall be set back a distance at least equal to one-third the side, rear or front yard dimension specified in section 6.4 of this ordinance, except that no boat or portion thereof shall be stored within four feet of an adjoining side or rear lot line or 15 feet from a front lot line.

d.

Storage of boats 16 feet or less is exempted from the provisions of this section.

Cross reference— Traffic and vehicles, ch. 74.

Not more than one unregistered and uninspected vehicle shall be stored or parked outdoors in any residential zone. Storage or abandonment of unserviceable or inoperable or derelict vehicles is prohibited in any residential zone.

(Ch. 811(1), § 1(7.14), 3-4-2002)

Cross reference— Traffic and vehicles, ch. 74.

(a)

Applicability. No land shall be used or occupied and no structure shall be erected or used for nonresidential purposes in any zone unless the off-street loading spaces required herein are provided.

Off-street loading spaces as specified in this ordinance shall be provided for any enlargement or alterations to any such existing structure or use.

(b)

Location. The off-street loading spaces required by this ordinance shall in all cases be on the same or contiguous lot or parcel of land as the use or structure they are intended to serve. In no case shall any required off-street loading space be part of an area intended to satisfy the off-street parking requirements.

(c)

Requirements. For each nonresidential use or structure of under 1,000 square feet of gross floor area in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space of at least 300 square feet in area shall be provided.

For each nonresidential use or structure of over 1,000 square feet of gross floor area or ground area in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space at least 450 square feet in area and having a minimum overhead clearance of at least 14 feet shall be provided.

Additional off-street loading spaces shall be required by the building inspection division when necessary to provide adequate area for off-street loading. Detailed plans for off-street loading space provisions and use shall be included in the application for site plan review.

Cross reference— Traffic and vehicles, ch. 74.

(a)

When any lot or development contains two or more uses, the parking requirements for each use shall apply. Where it can satisfactorily [be] demonstrated to the planning board, and with the approval of the planning board, that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use(s) are not in peak operation, the total number of built parking spaces may be reduced to equal the peak parking requirement for such uses, plus additional spaces for the off-peak uses. This provision shall also apply to the combined parking for two or more properties with a common parking area.

(b)

An applicant seeking approval of a reduction in the number of parking spaces as provided for in subsection (a) hereof shall be required to comply with the following requirements:

(1)

Any application submitted to the planning board must contain a report or reports from a qualified design professional (i.e., traffic engineer or traffic consultant) which sets forth competent evidence to support the application for reduction in the number of required parking spaces.

(2)

At the request of the planning board, the applicant shall be required to provide to the town, in advance, sufficient funds for the town to hire its own consultant to review the parking conditions in the area, subject to the application, and to also review the reports submitted by the applicant.

(c)

All applications for a reduction in the number of parking spaces under subsection (a) hereof shall require approval of the planning board. In granting any such approval, the planning board may impose reasonable conditions on the approval.

(Ch. 783, § 1, 7-19-1999)

Cross reference— Traffic and vehicles, ch. 74.

The zoning board of review may hear and grant a special use permit, reducing or otherwise modifying the requirements of section 7.9 of this ordinance. In addition to all other applicable standards for the granting of special use permits set forth in this ordinance, when reviewing a special use permit application for relief from the requirements of section 7.9, the zoning board of review shall require that the applicant demonstrate the following:

A.

That, based upon the projected use and level of activity for a given development proposal, strict application of the parking and/or loading requirements would be excessive.

B.

That the safe and proper operation of the business or any businesses within the proposed development will in no way be compromised by the reduction or modification of the requirements of section 7.9.

(Ch. 783, § 1, 7-19-1999)

(a)

Purpose. The purpose of these regulations is to encourage the effective use of signs as a means of communication in the town, provide for the scenic, historic, cultural and natural character of Narragansett, maintain and enhance a healthy business environment in commercial and industrial zones, improve pedestrian and traffic safety, minimize the adverse effect of visual clutter on property values, and to enable fair and consistent enforcement of these sign restrictions.

(b)

Definitions. See section 2 of this ordinance.

(c)

Off-premises signs. Unless otherwise specified elsewhere in this ordinance, all signs shall pertain to the principal use, service rendered, or product sold on the premises on which the sign is located and shall not include advertisement, identification, publicity or notice of goods, services, establishments, enterprises, activities, persons, organizations and facilities which are not located on the premises or which are incidental to the primary use of the premises.

(d)

Permits required. Except as specified in this ordinance, it shall be unlawful to erect, replace or relocate any sign within the Town of Narragansett without first obtaining a sign permit as required by the provisions of this ordinance.

(e)

Signs allowed in all districts without permits. The following signs are allowed without permits issued by the building inspection division, and shall not be counted when calculating the quantity of signs permitted and the total allowable sign area; however, such signs shall conform with all other applicable regulations:

(1)

Building plaque. Historical plaques identifying the building, year of construction, not to include any commercial advertising. Such signs shall not exceed two square feet in sign area and shall be nonilluminated and not internally illuminated.

(2)

Residential identification sign. Name and address of owner and/or any permitted activity on the lot in question. Said sign is not to exceed two square feet and may be illuminated by light of no more than 150 watts per side, but may not be internally illuminated.

(3)

Cautionary signs. No trespassing sign or other such signs regulating the use of the property or advising of dangerous conditions on the lot on which it is located, provided such signs do in commercial and industrial zones where such signs may not exceed five square feet in area. Such signs may be lighted but shall hot [not] be internally illuminated.

(4)

Temporary signs. Temporary signs which advertise the sale, rental, lease or improvement of the property on which it is located provided such signs do not exceed six square feet in any residential zone, 20 square feet in commercial zones, and 30 square feet in industrial zones. Signs advertising pending improvements shall not be in place more than 60 days prior to commencement of such improvements. Temporary signs shall be removed within ten days after completion of the activity advertised. Such signs shall not be lighted nor internally illuminated. Election signs shall be considered temporary signs and shall comply with the above requirements.

(5)

Institutional bulletin boards. Bulletin boards for public charitable or religious institutions when located on the property thereof provided the area of such sign does not exceed 25 square feet and bears no commercial advertising. Such signs shall not be internally illuminated.

(6)

Incidental signs. Signs identifying on-premises traffic, parking or other functional activity, such as lavatory facilities, telephone, signs denoting other sections of a building, signs denoting entrances, offices, etc., bearing no commercial advertising. There shall be no more than one sign for each activity, and each sign shall not exceed two square feet in area if wall-mounted and four square feet if freestanding. Such signs may be lighted but shall not [be] internally illuminated. (No commercial messages.)

(7)

Governmental signs. Signs erected by the Town of Narragansett and/or traffic control devices erected by the State of Rhode Island or by the United States of America, provided such signs bear no commercial advertising.

(8)

Flags. The flag, pennant or insignia of any government. No portion of flag or pale [pole] shall project closer than eight feet above a right-of-way or sidewalk.

(9)

Banners. Signs of light weight fabric or similar material that is mounted to a pole or building at one or more edges (excluding governmental flags) provided said banner shall not exceed 15 square feet and shall not project to a point closer than eight feet above a designated walkway or street. No more than one banner is allowed per business.

(10)

Special event signs. Temporary signs no larger than 16 square feet which advertise auctions and special events or charities on the premises, provided such signs shall not be in place for more than ten days. Such signs shall not be lighted or internally illuminated. The town council, upon recommendation of the planning board, may erect off-premises signs in public spaces advertising special events.

(11)

Institutional signs. Signs identifying churches, and places of worship, charitable and nonprofit educational organizations when located on the property thereof. Such signs may be illuminated but not internally illuminated.

Signs identifying nonprofit educational institutions, when located on the property thereof. Such signs may be lighted but not be internally illuminated.

(12)

Incidental business signs. Signs indicating hours of operation, credit cards, business affiliations, and the like, provided the total area of all such signs for a single business does not exceed two square feet per entrance.

(13)

Holiday decoration. A display of temporary signs, banners and/or lighting celebrating a recognized secular or religious holiday.

An owner of a residential or business property in Narragansett may display holiday decorations using lights and/or signs. To be considered as holiday decorations, said lighting and signage may be in use only for a 30-day period before the holiday and must be removed or discontinued within ten days after the holiday.

(f)

Signs prohibited in all districts. The following signs shall not be permitted in any district or zone.

(1)

Signs which incorporate in any manner any flashing or moving illumination.

(2)

Signs which have any visible moving parts, including signs which achieve movement by action of wind currents, excluding barber poles.

(3)

Any sign or sign structure which constitutes a hazard to public safety or health, including signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress or egress from escape, door, window or other required exitway; or which make use of words such as stop, look, one way, danger, yield, or any similar words, phrases, symbols, lights, or characters, in such a manner as to interfere with, mislead or confuse traffic.

(4)

Any obsolete sign, which no longer advertises a bonafide business conducted or product sold on the premises. Such signs shall be removed within 30 days of the date on which they became obsolete.

(5)

Signs on public property or public rights-of-way, other than signs erected by the Town of Narragansett, the State of Rhode Island or the United States of America. No sign located on public property or in a public right-of-way shall bear any commercial advertising or the name of any commercial business unless otherwise specified in this ordinance. (See section 4)

(6)

Signs painted on, attached to or supported by a tree, stone, cliff or other object that is part of a natural landscape.

(7)

String lights and strip lighting other than allowed under section M. (Except for the historic towers district.)

(8)

Off-site directional signs are not permitted unless otherwise specified in this ordinance. (See governmental signs and sign plazas)

(9)

Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; sandwich board signs, balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

(10)

Billboards.

(11)

Roof signs.

(g)

Sign plaza. The town council of the Town of Narragansett may, upon recommendation by the planning board, establish sign plazas as defined in this ordinance and may establish fees for the erection of signs in such plazas. With approval of the planning board and town council, such plazas may be owned and operated by private civic organizations such as the chamber of commerce, or an association of businesses within an industrial park.

The planning board may establish regulations regarding the content, size, shape, color, material, texture and the like of signs to be erected in the plaza, and shall have the right to approve or disapprove the layout and design of the plaza itself.

(h)

Safety and maintenance. Every sign and all parts thereof, including framework, supports, background, anchors, and wiring systems shall be constructed and maintained in compliance with the applicable building, electrical, and fire prevention codes of the Town of Narragansett ;lvmv. All signs and all parts thereof shall be kept in a good state of repair and maintenance.

(i)

Zoning district regulations.

(1)

Residential signs: All signs in residential zones other than those exempted in section 7.18(e)(4) (above) shall require a building permit, and are limited in size and type as below:

a.

The owner of an occupied residential lot, may, in addition to or in conjunction with a residential identification sign, erect a sign identifying a customary home occupation or other legally permitted use on the lot in question.

The sign may be wall mounted or free standing and shall not exceed three square feet in area.

b.

Permanent signs at major entrances to residential development which identify the development will be permitted, provided that such signs shall bear no commercial advertising and shall not exceed 15 square feet of area. Note section 7.6(c), "sight distance on corner lots."

c.

Internally illuminated and/or electric signs shall not be permitted in residential districts however signs may be externally illuminated by illumination not to exceed 150 watts per face.

(2)

Commercial signs. All commercial signs for which a permit is required that are located in a B-A, B-B and B-C zone shall conform to the following regulations:

a.

In a B-A, B-B and B-C zone there mar [may] be one wall-mounted sign on each entrance wall, one on each wall facing a street, and one on each wall facing a municipal or public parking area or parking area designed for use by persons utilizing or patronizing the establishment on which such sign is located. The area of such sign shall not exceed two square feet for each lineal foot of the building frontage on which the sign is located and shall not exceed 80 percent of the width of the storefront or wall of that portion of the premises occupied by the business erecting the sign and upon which it is attached. No sign shall exceed 40 square feet of area without the granting of a special use permit. Said signage may be internally or externally illuminated.

b.

In a B-A, B-B, and B-C zones these may also be a freestanding sign for each building, 40 square feet of area and may be dual-faced. Said sign shall be no more than 15 feet in height and shall be set back at least ten feet of the right-of-way. Said signage may be internally or externally illuminated. Note section 7.6(c), "sight distance on corner lots."

c.

In B-A, B-B and B-C zones upon the granting of a special use permit, projecting sign, or suspended sign may be allowed, provided such sign shall not exceed 40 square feet of area. Said signs may be internally or externally illuminated.

(3)

Industrial signs. Industrial signs shall conform to the following regulations:

a.

In I-A and I-B zones there may be one wall-mounted sign on each entrance wall, one on each wall facing a street, and one on each wall facing a municipal or public parking area or parking area designated for use by persons utilizing or patronizing the establishment on which such sign is located. The area of each such sign shall not exceed two square feet for each lineal foot of the building frontage on which the sign is located and shall not exceed 80 percent of the width of the building or wall of that portion of the premises occupied by the business erecting the sign and upon which it is attached. No sign shall exceed 40 square feet without prior approval of the zoning board of review as a special use permit. In addition, there may be one freestanding sign for each building. Such signs shall be no more than 15 feet in height and shall be set back at least ten feet from the right-of-way. Such signs may be dual-faced, with a maximum area of 40 square feet per side. A single-faced sign parallel to the road may have a maximum area of 40 square feet. Signs permitted in these zones may be illuminated or electric.

(4)

Industrial sign plaza. The owner or group of owners may, with the approval of the planning board erect an off-site sign indicating the location and identity of business located within an industrial park at the nearest intersection of a major collector road or arterial highway with the road on which the park's road system fronts. The sign must comply with the dimensional requirements for signs in industrial zones and section 7.6(c), and contain no commercial messages other than the name or logo and location of or direction to the industrial properties. The planning board may require such site improvements and amenities it sees fit to protect the visual quality of the intersection.

(5)

Signs for nonconforming uses in residential zones. Signs for legally maintained nonconforming uses in residential zones shall not exceed 20 square feet in area. They may be lighted but not internally illuminated, and may be free-standing or building mounted.

(6)

Nonconforming signs. With the exception of signs allowed by action of the zoning board of review, which shall be considered as conforming subject to any conditions placed by the zoning board of review at the time of the approval, any sign which does not conform to these regulations but was legally installed prior to, and in existence at the time of the adoption of this ordinance shall be considered a legal nonconforming sign. Such signs may be continued until the occurrence of one of the following events at which time the sign may not be reerected except in conformity with the provisions of this ordinance.

a.

The nature of the business conducted on the premises changes or the name of the business changes, in such a manner to occasion a change in scope, size or legend of the existing sign.

b.

The sign is damaged or deteriorated to the extent of more than 50 percent of its replacement value except that a sign may be restored that has been destroyed by accident. In such a case the sign owner must act to rebuild the sign within six months of the date of destruction.

(7)

Urban renewal district. The sign restrictions and regulations incorporated in the redevelopment plan for the urban renewal district as defined in chapter CLXXV of the town ordinances, as amended, shall supersede the provisions of subsection 7.18(i), zoning "district regulations" set forth herein.

(j)

Enforcement. The administration of this section is hereby vested with the zoning enforcement agency of the Town of Narragansett, which shall be responsible for:

(1)

Determining conformance of all proposed signs in accordance with the rules and regulations established by this ordinance;

(2)

Issuance of licenses for all signs determined to be in accordance with this ordinance.

(k)

Permits required. A permit shall be required for all signs not specifically exempted by this section. Application for a permit shall be made on forms as required by the building inspection division, and shall be accompanied by a scale drawing indicating the following:

(1)

The size of the proposed sign, general configuration of lettering and/or symbols, and such descriptive material as may be necessary to fully explain the intent of the application;

(2)

The location of the proposed sign in relation to the building and all property lines;

(3)

Dimensions of the structure on which the proposed sign is to be located.

(l)

Fees. All applications for a sign permit shall be accompanied by an application fee in accordance with the following schedule:

(1)

Twenty-five dollars for any sign not exceeding 20 square feet in area, with an additional charge of $0.50 per square foot for the areas of such sign in excess of 20 square feet.

(m)

False advertising. It shall be unlawful for any person to intentionally erect, locate, relocate and maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product no longer available therein, and an intentional violation of this section shall subject the violator to the penalty provisions of this ordinance after due notice as required herein.

Drive up windows or drive up ATM machines for banks or financial institutions in a BA or BB Zone may be allowed by special use permit, provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

1.

Site. The minimum lot area shall be 20,000 square feet with the minimum street frontage of not less than 100 feet.

2.

Front, side and rear yards. The front, side and rear yard setbacks for structures must be at least the minimum applicable dimensions specified in the Table of Dimensional Regulations in section 6.4 of this ordinance, unless the lot abuts a residential zone with more restrictive minimum yard requirements. In that case, the dimension of the yard which abuts the residential zone must be equal to the dimensions required in the residential zone.

3.

Driveways. Driveway curbcuts shall be at least 24 feet wide. In the instance of one way segments not servicing parking spaces, driveway curbcuts may be 12 feet wide. No driveway shall be less than 50 feet from any side lot line, which also fronts on a street, 20 feet from any side lot line, or 40 feet from another driveway serving the lot.

4.

Screening and Landscaping. The development must comply with the requirements for landscaping and buffer areas prescribed in section 7 of this ordinance. An applicant may be required to provide buffering for any adjacent residentially zoned or developed lots.

5.

Illumination. Lighting fixtures used to illuminate drive up windows shall be no higher than 14 feet above the ground. At the close of business, all lighting shall be limited to that necessary for security.

6.

Striping and curbing. Drive up lanes shall be delineated from traffic lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving material. Where pedestrians will intersect with a drive up lane, crosswalks shall be provided, making use of striping and/or alternative paving material.

7.

Traffic circulation. Adequate directional warning signs shall be provided to assure smooth traffic circulation and pedestrian safety, including marking entrances, exits and one way lanes of drive up areas. There shall be a provision for an extra travel lane allowing vehicles to traverse the perimeter of the site without being impeded by vehicles in the drive up lane. This provision may be waived by the fire marshall and the town engineer if accessability without the escape lane is reasonable.

8.

Stacking spaces. The drive up window and drive up ATM shall provide total stacking spaces for a minimum of ten automobiles. The total number of stacking spaces may be reduced by the planning board if there is either only one drive up window or one ATM machine proposed. Each stacking space will be a minimum of ten feet by 18 feet. The stacking spaces shall be designed so as to not interfere with points of access to or from streets and shall be separate from any entranceways. Location of stacking spaces shall not interfere with entry to or exit from parking spaces.

9.

Speakers. No speaker board shall be allowed. A two-way speaker or phone may be used at the window.

10.

No grandfather rights. The special use permit shall only be valid as long as the property is used as a bank or financial institution. The granting of the special use permit shall not give the property any grandfathered rights for the drive up window if the use is changed. This allowance shall cease immediately upon the discontinuance of the use by the bank or financial institution.

11.

Town council review. Unless waived by the town council, the site plan for all applications seeking relief under this section shall, subsequent to review and action by the planning board and prior to the public hearing before the zoning board of review, be required to be reviewed and approved by the town council.

(Ch. 873, § 1, 2-27-2006)

Drive up windows for drug stores in a BB zone may be allowed by special use permit, provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

1.

Site. The minimum lot area shall be 20,000 square feet with the minimum street frontage of not less than 100 feet.

2.

Front, side and rear yards. The front, side and rear yard setbacks for structures must be at least the minimum applicable dimensions specified in the Table of Dimensional Regulations in section 6.4 of this ordinance, unless the lot abuts a residential zone with greater number of yard dimensions. In that case, the dimension of the yard which abuts the residential zone must be equal to the dimensions required in the residential zone.

3.

Driveways. Driveways shall be at least 24 feet wide. No driveway shall be less than 50 feet from any corner lot line, 10 feet from any side lot line, or 40 feet from another driveway serving the lot.

4.

Screening and landscaping. The development must comply with the requirements for landscaping and buffer areas prescribed in section 7 of this ordinance. An applicant may be required to provide buffering for any adjacent residentially zoned lots.

5.

Illumination. Lighting fixtures used to illuminate drive up windows shall be no higher than 14 feet above the ground. At the close of business, all lighting shall be limited to that necessary for security.

6.

Striping and curbing. Drive up lanes shall be delineated from traffic lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving material. Where pedestrians will intersect with a drive up lane, crosswalks shall be provided, making use of striping and/or alternative paving material.

7.

Traffic circulation. Adequate directional warning signs shall be provided to assure smooth traffic circulation and pedestrian safety, including marking entrances, exits and one-way lanes of drive up areas.

8.

Stacking spaces. The drive through window shall provide stacking spaces for a minimum of four automobiles. Each stacking space will be a minimum of ten feet by 18 feet. The stacking spaces shall be designed so as to not interfere with points of access to or from streets and shall be separate from any entranceways. Location of stacking spaces shall not interfere with entry to or exit from parking spaces.

9.

A special use permit shall be used only for the sale of prescription items. A floor plan shall be filed showing the proposed window in the pharmacy area.

10.

No speaker board shall be allowed. A speaker and phone may be used at the window.

11.

The special use permit shall only be valid as long as the property is used as a drug store. The granting of the special use permit shall not give the property any grandfathered rights for the drive up window if the use is changed.

(Ch. 839, § 1, 7-21-2003; Ch. 1117, § 7, 12-18-2023)

Editor's note— Ch. 1117, § 7, adopted December 18, 2023, amended the title of § 7.20 to read as herein set out. The former § title pertained to drive up windows for drug stores.

(a)

Purpose. It is the purpose and intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by Rhode Island General Laws 21-28.6-1 et seq. entitled the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.

(b)

Definitions. As used in this section, the following terms shall have the meanings indicated. Any terms not defined herein shall be defined by reference to RIGL § 21-28.6-3.

Caregiver cultivation. Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL § 21-28.6.

Compassion center. A not-for-profit corporation, subject to the provisions of RIGL Chapter 6 of Title 7 and registered under § 21-28.6.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

Compassion center cardholder. A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health or the Department of Business Regulation and has been issued and possesses a valid, registry identification card.

Licensed cultivator. A person, co-partnership, entity and corporation, who has been licensed by the Department of Business Regulation to cultivate marijuana pursuant to RIGL § 21-28.6-16. A licensed cultivator may acquire, possess, cultivate, deliver, or transfer marijuana only to licensed compassion centers. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.

Marijuana store. Any retail establishment at which the sale or use of marijuana as defined in RIGL § 21-28-1.02(30) takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

Nonresidential cooperative cultivation. Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL § 21-28.6-14 and this section of the Narragansett Zoning Ordinance.

Patient cardholder. A person who has registered with the Rhode Island Department of Health or the Department of Business Regulation and has been issued and possesses a valid registry identification card.

Patient cultivation. Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL § 21-28.6.

Residential cooperative cultivation. Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL § 21-28.6-14 and this section of the Narragansett Zoning Ordinance.

(c)

General prohibition. In order to protect the public health, safety and welfare all growing, cultivation and sale of medical marijuana is prohibited within the boundaries of the Town of Narragansett unless specifically authorized by this section.

(d)

Patient cultivation. Marijuana cultivation by a single registered cardholder, as defined within this section, shall only be permitted as an accessory use to a lawfully permitted residential use within his or her residential dwelling. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

(e)

Caregiver cultivation.

1.

Residential cooperative cultivation, as defined in this section, shall be prohibited in all zoning districts.

2.

Non-residential cooperative cultivation, as defined in this section, shall be prohibited in all zoning districts.

(f)

Licensed cultivation. Cultivation of marijuana by a licensed cultivator, as defined in this section, shall be prohibited in all zoning districts.

(g)

Compassion centers. Compassion centers, as defined in this section, shall be prohibited in all zoning districts.

(h)

Marijuana store. Marijuana store, as defined in this section, shall be prohibited in all zoning districts.

(i)

Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all zoning districts.

(j)

Enforcement.

1.

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with Section 23.1 of the Town of Narragansett Zoning Ordinance. The Town may pursue its enforcement remedies either in the Narragansett Municipal Court or in a state court of competent jurisdiction.

2.

All unpermitted preexisting cultivation shall be required to comply with this section.

3.

All uses permitted under this section shall comply fully with all other licensing requirements of the Town of Narragansett and laws and regulations of the State of Rhode Island.

(Ch. 1067, § 2, 7-15-2019)

(a)

Purpose. It is the purpose and intent of this section to regulate the retail sale of marijuana as allowed by Rhode Island General Laws.

(b)

Marijuana/cannabis-related uses.

(1)

The zoning board of review may grant a special use permit for the provision of a retail cannabis or marijuana sales facility in the IA—Limited Industrial Zone and IB—General Industrial Zone subject to the following minimal standards:

a.

The application for a special use permit shall provide the legal name and address of the retail facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan submitted and approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island General Laws.

b.

The marijuana retail facility must not be located within:

1.

Five hundred feet from the property line of an existing public or private school, (not including higher education facilities), pre-school, or any licensed day-care center, house of worship, park, (as defined in Section 66-128 of the Town Code) playfields and playgrounds (as identified in the 2017 Town Comprehensive Plan Baseline Report—Maps 18, 19 & 20 and Table 50).

2.

Two thousand feet from any other marijuana retail facility.

c.

The distances specified in the immediately preceding section b. shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana retail facility is to be located to the nearest property line of any of the other designated uses set forth therein.

1.

Setbacks for lots adjacent to residential zones or existing non-conforming development—100 foot setback, 50 feet of which shall be planted with a combination of vegetation to create an evergreen buffer.

2.

Setbacks for lots adjacent to other industrial zones, commercial zones or public zones—Unless the zoning board of review authorizes otherwise, all areas associated with a cannabis retail facility not used for structures or off-street parking and loading sidewalks or similar purposes which are not kept in their natural state shall be landscaped with grass, shrubs, trees and other ground cover so as to minimize erosion and stormwater runoff. Landscaped buffer areas at least ten feet wide shall be provided along all property lines where the cannabis facility abuts a residential zone or use.

d.

Lot width: 200 foot minimum.

e.

Lot area: One acre minimum.

f.

Parking: Five and one-half spaces for every 1,000 square feet of net leasable area. In instances where the applicant cannot meet the parking requirement, the provisions of section 7.17 shall apply.

g.

Hours of operation for a marijuana retail facility or marijuana cultivation facility shall be limited to 10:00 a.m. to 5:00 p.m. Delivery of product to consumers is prohibited.

h.

The proposed facilities shall submit proof of appropriate security measures in compliance with any and all state regulations to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.

i.

Site plan review and approval shall be required prior to application for the special use permit by the planning board under the provisions of set forth in section 18 of the zoning ordinance. In addition, the planning board shall ensure compliance with the following conditions:

1.

The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

2.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

3.

Lighting is provided to illuminate the marijuana retail facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk, while providing adequate visual shielding for adjacent properties.

j.

All marijuana retail facilities shall fully comply with all other licensing requirements of the town and the laws of the State of Rhode Island. This may require additional permitting for construction or renovations to comply with fire and life safety inspections prior to opening.

(Ch. 1110, § 3, 8-21-2023)

Editor's note— Ch. 1110, § 3, adopted August 21, 2023, added provisions intended as § 7.21. In order to avoid duplication of numbering, and at the direction of the town, these provisions have been added as set out herein.

A dwelling or dwelling unit shall not be occupied by more than three college students, unless the building in which the dwelling is located is owner occupied.

(Ch. 1109, § 2, 8-7-2023)

Editor's note— Ch. 1109, § 2, adopted August 7, 2023, added provisions intended as § 7.21. In order to avoid duplication of numbering, and at the direction of the town, these provisions have been added as set out herein.

(a)

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments is a permitted use, under the criteria described below under 7.24(b) Eligibility.

(b)

Eligibility.

(1)

Adaptive reuse development must include at least 50 percent of the existing gross floor area development into residential units.

(2)

There are no environmental land use restrictions recorded on the property by the state of Rhode Island department of environmental management or the United States Environmental Protection Agency preventing the conversion to residential use.

(c)

Density calculations.

(1)

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

a.

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utility requirements.

b.

The development includes at least 20 percent low- and moderate-income housing; and

c.

The development has access to public sewer and water service or has access to adequate private water, such as a well and/or wastewater treatment system(s) approved by the relevant state agency for the entire development as applicable.

(2)

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water service or has access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable,

(3)

The density proposed shall be determined to meet all public health and safety standards.

(d)

Dimensional requirements.

(1)

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

(2)

No additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.

(3)

Notwithstanding any other provisions of this section, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included within the height exemption.

(e)

Parking requirements.

(1)

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

(2)

The parking requirements and design standards Section 7.16 of the zoning ordinance which shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

(f)

Allowed uses within an adaptive reuse project.

(1)

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

(2)

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of the zoning district in which the structure is located.

(g)

Development and design standards. Site design shall be in accordance with the Narragansett Subdivision and Land development Regulations.

(h)

Procedural requirements.

(1)

Adaptive reuse project shall be subject to the procedural requirements of the Narragansett Subdivision and Land Development Regulations and undergo development plan review, minor, or major land development review as determined in that section.

(2)

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

a.

The proposed residential density and the square footage of nonresidential uses.

b.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

(Ch. 1117, § 7, 12-18-2023)

Editor's note— Ch. 1117, § 7, adopted December 18, 2023, added provisions intended as § 7.21. In order to avoid duplication of numbering, and at the direction of the town, these provisions have been added as set out herein.