New Shoreham City Zoning Code
ARTICLE 1
General
§ 101 Title.
This Ordinance shall be entitled the "New Shoreham Zoning Ordinance" and referred to as the "Zoning Ordinance" or the "Ordinance."
§ 102 Purpose.
The Zoning Ordinance, with all its provisions, addresses the following purposes, each with equal priority and listed in no particular order:
A.
Promoting the public health, safety and general welfare.
B.
Providing for a range of uses and intensities of use appropriate to the character of the Town and reflecting 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 Comprehensive Plan;
2.
The natural characteristics of the land, including its suitability for uses based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
3.
The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;
4.
The values of unique or valuable natural resources and features;
5.
The 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;
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, storm water 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 opportunities for the establishment of 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 Town's Comprehensive Plan.
M.
Providing for coordination of land uses with neighboring towns, 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, Special Use Permits, and where adopted, procedures for Modifications.
§ 103 Authorization.
The Zoning Ordinance is authorized by G.L. 1956, §§ 45-24-27 through 45-24-72 as amended, known as the "Rhode Island Zoning Enabling Act of 1991."
§ 104 Consistency with Comprehensive Plan.
The Ordinance is developed and maintained in accordance with the current Comprehensive Plan, as adopted and as amended in accordance with G.L. 1956, ch. 45-22.2.
§ 105 Relationship to Other Laws.
Whenever restrictions imposed by provisions of the Zoning Ordinance are in conflict with restrictions imposed by provisions of any other governing law, rule or regulation, then to the extent permitted by state and federal law, the more restrictive provisions shall govern. Nothing in this Ordinance shall be construed to limit the authority of any state government agencies to perform any regulatory responsibilities.
§ 106 Adoption, Effective Date and Publication.
Upon its adoption by the Town Council, the Zoning Ordinance shall be part of the publication of the Town Charter and Ordinances as Revised and Reissued.
§ 107 Zoning Ordinance Mandatory Review.
The Zoning Ordinance shall be reviewed by the Planning Board at least once in every five years and whenever the Comprehensive Plan is amended. Such review shall be based on input from the Town's Fire Department, Police Department, the Town Council and Zoning Board of Review, as well as input from the public in response to notification of mandatory review, in accordance with the procedures for notification set forth in § 708, Amendments to the Ordinance.
§ 108 Validity and Severability.
[Amended 3-20-2024 by Ord. No. 2024-09]
Should any section or provision of this Zoning Ordinance be declared by the Courts to be invalid, such decision shall not invalidate any other section or provision of the Zoning Ordinance. If the Zoning Ordinance in its entirety should be declared invalid, then the prior zoning ordinance of the Town shall automatically take effect.
§ 109 Zoning Overlays.
The Zoning Ordinance provides for zoning overlays. The regulations applicable to the zoning overlays shall be in addition to the regulations applicable to the underlying zoning district.
§ 110 General Regulations.
[Amended 5-3-2022 by Ord. No. 2022-04; 10-16-2024 by Ord. No. 2024-22]
A.
No building or land shall be used, and no buildings shall be erected or structurally altered, except in conformance with the regulations herein described.
B.
The use of any structure or land shall comply with the performance standards of this Zoning Ordinance. The Building Official and Zoning Official, when reviewing an application for any permit required by law, shall determine that a use complies with all applicable performance standards.
C.
When a lot is divided by a zoning district boundary, the regulations for either zoning district shall apply, except that the regulations of one zoning district shall not be extended more than 30 feet into the adjoining district.
D.
For all uses requiring a Special Use Permit, the application shall be sent to the Planning Board for an advisory opinion on the issuance of the Special Use Permit pursuant to § 703B.
§ 111 General Prohibitions.
[Amended November 7, 1994; November 21, 1998; June 4, 2001; July 1, 2002; September 15, 2004; October 6, 2008; January 20, 2010; November 5, 2012 by Ord. No. 2012-9; November 3, 2014 by Ord. No. 2014-10; 8-2-2021 by Ord. No. 2021-07; 12-5-2022 by Ord. No. 2022-07; 3-20-2024 by Ord. No. 2024-09; 8-21-2024 by Ord. No. 2024-16]; 9-2-2025 by Ord. No. 2025-03
The following uses are prohibited in all (except as noted) zoning districts:
A.
Any structure or building or any use of any structure, building, premises or land which is injurious, obnoxious, offensive, dangerous or a nuisance to the community or to the neighborhood through noise, vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion, or other objectionable features detrimental to the community or neighborhood health, safety, convenience, morals or welfare, including but not limited to the following:
1.
Outside storage of motor vehicles as follows:
a.
No person shall deposit, store, keep or permit to be deposited, stored or kept upon public property a dismantled, junked or abandoned vehicle, an unserviceable vehicle, or a vehicle legally or physically incapable of being operated or a vehicle that does not display, if required by state law, a current safety inspection certificate on its windshield.
b.
No person shall deposit, store, keep or permit to be deposited, stored or kept outside of a building or structure upon private property more than two dismantled, junked or abandoned vehicles, unserviceable vehicles, or vehicles legally or physically incapable of being operated or vehicles that do not display, if required by state law, a current safety inspection certificate on the windshield.
c.
If a dismantled, junked or abandoned vehicle, an unserviceable vehicle, or a vehicle legally or physically incapable of being operated or a vehicle that does not display a current safety inspection certificate on its windshield is being deposited, stored or kept upon private property pursuant to subsection (b) of this section, every such vehicle shall be deposited, stored or kept in a location on the property that conforms to the minimum side yard, rear yard and front yard setbacks required by the applicable zoning ordinance.
2.
Tents for human habitation;
3.
Trailers or mobile homes for residential, Accessory Dwelling Unit use, Accessory Residential Structure use, except on a day-use (non-habitation) basis by a contractor in association with a permitted construction job site, or on a temporary living basis by a resident under the provisions of § 112;
4.
Floating residences or businesses or Houseboats;
5.
(i)
Residential structures in the RA and RB Zone which meet any of the following criteria (See Section 202, Definitions, "Plane, Building," "Plane, Wall," "Building Footprint," "Floor Area, Living," "Building Volume") (Added October 6, 2008; Amended to add "Floor Area, Living" August 2, 2021):
a.
A wall plane in excess of 45 feet;
b.
A building plane in excess of 75 feet;
c.
A building footprint in excess of 3,500 square feet, exclusive of ground level or first floor decks, or one story (no floor area above) unenclosed porches;
d.
A living floor area in excess of 5,000 square feet; and/or
e.
A building volume in excess of 65,000 cubic feet.
6.
Commercial car washes;
7.
Gambling or gambling facilities;
8.
Motels;
9.
Amusement parks or rides, commercial shooting ranges, field houses;
10.
Dumps and sanitary landfills (municipal and private);
11.
Storage or manufacture of toxic or hazardous materials;
12.
Junkyards;
13.
Chemical and bacteriological laboratories;
14.
Raceways;
15.
Game rooms;
16.
Asphalt manufacture or refining except as necessary on a temporary basis for resurfacing Island roads;
17.
Petroleum refining;
18.
Commercial kennels;
19.
Car, moped, jet ski, and other motorized vehicle rental;
20.
Commercial hog raising;
21.
Vending machines (unless licensed by the Town);
22.
Penal institutions;
23.
The parking or use of trailers, shipping containers and similar temporary and/or mobile facilities for any commercial or industrial activity or storage, except by a contractor in association with a permitted construction job site. The following uses of trailers shall be exempt from this prohibition:
a.
Livestock or other agricultural purposes;
b.
Transport of machinery, equipment, boats, shellfish or other materials;
c.
Trades purposes, as provided for in § 516;
24.
The use of galley leach fields as a means of treating on-site wastewater effluent shall be prohibited for all new ISDS, ISDS alterations and major repairs;
25.
The Underground Storage of any petroleum products, including diesel fuel, gasoline, heating oil, motor fuels, aviation fuels, and hazardous materials as defined in the "Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials" as promulgated by the Rhode Island Department of Environmental Management.
26.
Drive-through windows;
27.
The landing and takeoff of aircraft, and aircraft landing runways, strips or pads, including heliports or helipads, except at the State airport and in emergency situations.
28.
Electronic games of chance or sweepstakes played on gaming devices or computer hardware that is available for the use and entertainment of the public except those regulated and licensed by the State of Rhode Island.
§ 112 Special Temporary Permits.
[Amended November 7, 1994; January 20, 2010]
A.
The Town Council may, in circumstances of emergency or other urgent necessity for the public health and safety, grant temporary permits to individuals, groups or corporations to use property for uses otherwise prohibited, or permissible only by Special Use Permit, provided that:
1.
A permit may be granted only for the use or purpose that cannot be accomplished by compliance with the provisions of the ordinance.
2.
The permit shall be granted for the least period of time feasible, and in no event shall such period extend beyond six months provided, however, that upon similar application one additional period of six months may be allowed in accordance with these provisions.
B.
The use of temporary structures or facilities associated with building construction or rehabilitation shall only be permitted as follows:
1.
A temporary building or yard for construction materials and/or equipment or a temporary trailer used for residential occupancy necessitated by any loss or damage of a principal structure by fire, hurricane or other natural disaster shall be permitted in any district subject the approval by the Building Official or Zoning Official, provided that any building permit for any such temporary use shall be valid for not more than six months unless such time period is extended by the Building Official or Zoning Official, for one additional six-month period, for good cause.
[Amended 5-3-2022 by Ord. No. 2022-04]
2.
A temporary facility for the storage of an owner or occupant's household or interior belongings shall be permitted in any district for the duration of the construction period, regardless of the circumstances, provided that such facility is removed prior to the issuance of the Certificate of Occupancy.
§ 113 Non-Conformance.
[Amended October 21, 2009]
A.
Continuance of Non-Conformance. Any structure or the use of any structure or land which structure or use was lawful at the date of enactment of this Zoning Ordinance and which is non-conforming under the provisions of this Zoning Ordinance, or which shall be made non-conforming by a subsequent amendment, may be continued subject to the following provisions.
B.
Non-Conforming by Use. Something is non-conforming by use if it is a lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this Ordinance shall be non-conforming by use.
1.
Repairs and Alterations. A building devoted to a non-conforming use may be repaired, maintained or improved, provided the number of square feet of floor area devoted to the non-conforming use is not increased.
2.
Change in Use. A non-conforming use may be changed only to a use which conforms to the Zoning Ordinance. Once changed to a conforming use, no structure or use shall revert to a non-conforming use.
3.
Abandonment. If a non-conforming use is abandoned, it may not be reestablished. Abandonment shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the property neither claims nor retains any interest in its continuation, unless the owner can demonstrate intent not to abandon the use. An involuntary interruption of non-conforming use, such as by fire and natural catastrophe, will not establish the intent to abandon. If any non-conforming use is halted for a period of one year, for what ever reason, either voluntary or involuntary, the owner of the property will be presumed to have abandoned the non-conforming use, unless that presumption is rebutted by the presentation of sufficient evidence of the intent not to abandon the use. Any subsequent use shall conform to the regulations of this Zoning Ordinance.
4.
Relocation. A non-conforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the time of adoption of the Ordinance unless granted a Special Use Permit under the provisions of Article 7 of this Ordinance.
C.
Non-Conforming Buildings.
1.
Expansion. A structure which is non-conforming with respect to the dimensional requirements of the Zoning Ordinance may not be expanded, enlarged or increased unless such expanded or enlarged portion complies with the dimensional requirements of the Zoning Ordinance.
2.
Destruction or Demolition. A non-conforming structure which is destroyed or damaged by any means beyond the control of the owner shall be rebuilt or restored within a period of 18 months, or thereafter conform with the dimensional requirements of the Zoning Ordinance. If a non-conforming building or structure is demolished or removed by or for its owner, it shall not be rebuilt or replaced except in conformity with the dimensional requirements of the Zoning Ordinance.
3.
Use of Non-Conforming Building. Notwithstanding any dimensional requirements of the Zoning Ordinance, a non-conforming building or structure may be used for any use allowed in the zoning district where it is located unless the zoning district regulations contain specific dimensional requirements peculiar to the use which cannot be met by the existing structure or on the existing lot.
D.
Construction Begun Prior to Ordinance.
1.
Nothing herein contained shall require any change in plans, construction or structure the construction of which has been diligently prosecuted previous to the date of enactment of the Zoning Ordinance provided complete plans for such a building or structure shall have been filed with and accepted by the Building Official, and a Building Permit has been issued which remains valid.
E.
Substandard Lots of Record.
[Amended 5-3-2022 by Ord. No. 2022-04; 4-17-2024 by Ord. No. 2024-11]
1.
A substandard lot of record may be considered a buildable lot, regardless of the lot frontage or lot area, provided such lot or parcel of land was shown on a plat, or on a deed, duly recorded prior to the effective date of this Ordinance, and further provided that at the time of such recording the lot or parcel of land so created conformed in all respects to the minimum requirements of the Zoning Ordinance in effect at that time or received the appropriate relief from the permitting authority to create a substandard lot.
2.
Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirements shall proceed with a modification request under Section 705 or a dimensional variance request under Section 706, whichever is applicable.
3.
If, as of the effective date of this ordinance, or subsequent thereto, one or more substandard lots of record are held in common ownership with any contiguous lot, such lots shall be combined for the purposes of this ordinance in order to conform, or more nearly conform, to the minimum lot area and minimum lot frontage of this ordinance for the Zoning District in which the lots are located. If all such contiguous lots, when combined, do not constitute sufficient area and dimension to meet the applicable area and dimensional requirements for more than one lot, meaning two or more fully conforming lots, then all the lots shall be combined to create a single lot only. Such combined lots may not be sold separately.
a.
Contiguous substandard lots of record shall not be combined if both substandard lot already supports a principal use. When one substandard lot is developed with a principle use and a contiguous substandard lot is undeveloped with a principal use, they shall merge under this provision.
b.
Any contiguous substandard lot of record which was designated and identified by the Tax Assessors as a separate and distinct taxable lot, and was assessed as a separate and distinct lot on December 31, 2007 shall not be combined. Any lots not so designated, identified and assessed shall be subject to this ordinance. (Section E, "Substandard Lots of Record," was renamed and amended on March 19, 2008, additionally amended on October 21, 2009)
c.
The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred (200) feet of the subject lot, as confirmed by the Zoning Official through the submission of a Compilation Survey of the property prepared by a Rhode Island Registered Professional Land Surveyor.
§ 114 Permitted Uses.
[Added 2-21-2024 by Ord. No. 2024-03]
Notwithstanding any other provisions of this chapter, the following uses are permitted uses within all residential zoning districts and all industrial and commercial zoning districts except where residential use is prohibited for public health or safety reasons:
A.
Households;
B.
Community residences;
C.
Family daycare homes; and
D.
Adaptive reuse (as defined in RIGL 42-64.22-2).
1.
Eligibility.
a.
At least 50% of the existing gross floor shall be developed into residential units.
b.
There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
2.
Density.
The density proposed for any adaptive reuse project shall meet all public health and safety standards.
a.
For projects that meet the following criteria, the minimum residential density shall be fifteen (15) dwelling units per acre:
(1)
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 utilities.
(2)
The development includes at least twenty percent (20%) low- and moderate-income housing.
(3)
The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
b.
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 services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.
3.
Dimensional requirements.
a.
Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
b.
No additional encroachments shall be permitted into any nonconforming setback unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
c.
Notwithstanding other provisions of this chapter, the height of the existing structure shall be considered legal nonconforming and main remain if it exceeds the maximum height of the zoning district in which the structure is located.
(1)
Any rooftop construction is included in the height exemption.
4.
Parking requirements.
a.
Adaptive reuse developments shall provide a minimum of one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
b.
The parking requirements and design standards in Section 502 of this ordinance 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 all uses other than residential.
5.
Allowed uses within an adaptive reuse project.
a.
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.
b.
Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Appendix B of this ordinance.
Editor's Note: Appendix B is included as an attachment to this chapter.
6.
Development and Design Standards. Site design shall be in accordance with the Land Development and Subdivision Regulations.
7.
Procedural requirements.
a.
Adaptive reuse projects shall be subject to the procedural requirements of the Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.
b.
In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
(1)
The proposed residential density and the square footage of nonresidential uses. Residential density under the provisions of subsection D2b of this section shall require the submission of a detailed floor plan as described in subsection D7b(2) of this section as part of the application.
(2)
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 room and each unit.