(a)

Limited access and divided highways. Limited access and divided highways include new Route 138, Colonel Rodman Highway (Route 4), Tower Hill Road south of the intersection of Routes 1 and 4, and any new limited access roads built in the future.

(b)

Arterial roads. Arterial roads are Bridge Road, Quaker Lane, South County Trail, Ten Rod Road, Post Road, Boston Neck Road, Davisville-Devil's Foot Road, Frenchtown Road, Quonset Access Road, Phillips Street, and Tower Hill Road north of the intersection of Routes 1 and 4.

(c)

Collector roads. Collector roads are Essex Road, North Quidnessett Road, Forge Road, Harrison Street, Fletcher Road, Potter Road, Newcomb Road, Chadsey Road, Camp Avenue, Shore Acres Avenue, West Main Street, Brown Street, Stony Lane, Old Baptist Road, School Street, Lafayette Road, Fish Hatchery, Dry Bridge Road, Exeter Road, West Allenton Road, Slocum Road, Indian Corner Road, Hamilton-Allenton Road, Waldron Avenue, Gilbert Stuart Road, Shermantown Road, Snuff Mill Road, Oak Hill Road, Namcook Road, Huling Road, Annaquatucket Road, Prospect Avenue, Beach Street, Austin Road and Potowomut, Congdon Hill Road, and Pendar Road.

(d)

Subdivision roads and new roads. As new roads are developed, the planning commission shall determine the classification of such roads and forward a recommendation to the council for the roads' inclusion in this chapter. All roads not named are classified as subdivision roads.

(Ord. No. 11-11, § 1, 5-23-2011)

(a)

Setback. All structures shall be set back from the access road by the following distances:

(1)

On a subdivision road, 25 feet from the front lot line.

(2)

On a collector road, 35 feet from the front lot line.

(3)

On an arterial road, 50 feet from the front lot line.

(4)

On a limited access or divided highway, 200 feet from the front lot line.

Roadway classifications are defined by section 21-305 of this chapter.

A structure on a corner lot shall maintain the required setback from the property line on both streets.

(b)

Front lines. Along a street in a residential district in which the predominant setback of the buildings on the same side of the street within 500 feet of the site in both directions are set back less than the required setback, the front line for a building erected may extend to the alignment of such existing buildings, except that no building shall have a front yard of less than five feet in depth.

(c)

Vision clearance. On any corner lot on which a front yard is required, no wall, fence or other structures shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within the required front yard space as to cause danger to traffic by obstructing the view.

(Rev. Ords. 1974, § 17-21-1; Ord. No. 11-11, § 1, 5-23-2011)

(a)

Generally. A nonconformance is a building, structure, sign or parcel of land or use thereof, which was lawfully existing at the time of the adoption or amendment of this chapter, and not in conformity with the provisions of this chapter or amendment.

(b)

Lawfully existing or established. A building, structure, sign or parcel of land or use thereof was lawfully existing or established if it was in existence prior to May 8, 1995, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land.

(c)

Illegal nonconforming uses and structures. Any use or structure illegally established prior to the effective date of the ordinance from which this chapter derives or any amendment thereto shall not be granted legal nonconforming status.

(d)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Nonconforming by dimension means a building, structure or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to permitted uses. A building, structure, parcel of land or use thereof not in compliance with the parking regulations of this chapter is also nonconforming by dimension. A lot that is not in compliance with the dimensional regulations of this chapter, including but not limited to those regulations for minimum lot size, lot width and lot frontage, is also nonconforming by dimension.

Nonconforming by dwelling units means a building or structure containing more dwelling units than are permitted by the use regulations of this chapter. A building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nonconforming by use means a use of land, building or structure which is not a permitted use in the zoning district in which it is located.

(e)

Compliance with regulations. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this section.

(f)

By variance or special use permit. A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of a variance or special use permit (previously known as special exception) granted by the board shall not be considered nonconforming for the purposes of this section. Such building, structure, sign, parcel of land or use thereof shall be considered a use by variance or a use by special use permit, and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof to any use other than a permitted use or other than in complete conformance with this chapter shall require a further variance or special use permit from the zoning board.

(g)

Continuance of nonconformance. Nothing in this chapter shall prevent the continuance of a nonconforming use of any building or structure or the use of any building or structure nonconforming by dimension for any purpose to which such building was lawfully established.

(h)

Maintenance and repair. A building or structure containing a conforming use or a building or structure conforming by dimension may be maintained and repaired, except as otherwise provided this section.

(i)

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act or failure to act, which indicates that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. The involuntary interruption of a nonconforming use, such as by fire or natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if a nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless the presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998)

(a)

Generally. Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern, inhibit present and future development of nearby properties, and confer upon the owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this chapter for themselves or for any other properties. Due to the disruption which nonconforming uses cause to the peace and tranquillity of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

(b)

Moving, addition and/or enlargement. A building or structure containing a nonconforming use shall not be moved in whole or in part on site nor shall it be enlarged unless the use contained within such building or structure, including but not limited to such addition and enlargement, is made to conform to the use regulations of the zone in which it is located or a special use permit is granted by the zoning board of review subject to section 21-308(f). The movement of a building or structure containing a nonconforming use off site shall be permitted only if the use contained within such building or structure conforms to the use regulations of the zone in which it is relocated.

(c)

Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.

(d)

Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include but not be limited to increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this subsection shall not prohibit the interior reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the dimensional requirements for the zone in which it is located.

(e)

Change of use. A nonconforming use shall only be changed to a permitted use. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

(f)

Special use permit for enlargement. The zoning board of review may grant a special use permit for the enlargement of an existing building or structure which constitutes a nonconforming use, provided the work complies with all of the following applicable development standards:

(1)

The reconstructed building does not result in an increase in the existing degree of any dimensional nonconformity;

(2)

The footprint of the building or structure is not enlarged by greater than 25 percent of the existing building footprint as of the date of adoption of this amendment;

(3)

The exterior appearance of the reconstructed building remains substantially the same or is changed to enhance its appearance on the site and harmony with the surrounding area;

(4)

It must be demonstrated that the site can accommodate the proposed level of use. Consideration shall include, but not be limited to, safety, traffic, parking, sewage disposal capacity, utilities, noise levels, adequate buffering, odors and quality of water and air.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 08-05, §§ 1, 2, 4-7-2008)

(a)

Generally. Buildings or structures nonconforming by dimension are likely to cause overcrowding and congestion and contribute to unhealthy conditions and are contrary to the purposes of this chapter. Buildings or structures that are nonconforming by dimension cause disruption to the comprehensive land use pattern and confer upon the owners a position of unfair advantage. It is intended that existing buildings or structures nonconforming by dimension shall not justify further dimensional departures from this chapter for themselves or for any other property.

(b)

Moving. A building or structure that is nonconforming by dimension shall not be moved in whole or in part on site such as to create further nonconformity. A building or structure that is nonconforming by dimension shall not be moved off site to any other lot unless every portion of such building or structure is made to conform to all of the dimensional regulations of the zone in which it is relocated.

(c)

Addition and enlargement. A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all the dimensional requirements of the zone in which the building or structure is located.

(d)

Expansion. A conforming use within a building or structure that is nonconforming by dimension, other than by lot area per dwelling unit, may be expanded into any other portion of the building or structure which is unoccupied or unused.

(e)

Change of use. A conforming use within a building or structure that is nonconforming by dimension may be changed to any other conforming use.

(f)

Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed unless it conforms with the dimensional regulations of the zone in which it is located. If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

(Ord. No. 95-3, § 1, 5-8-1995)

(a)

Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified.

(b)

Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

(Ord. No. 95-3, § 1, 5-8-1995)

(a)

For the purpose of this section, a nonconforming lot is a lot which does not meet one or more of the minimum dimensional requirements for size, frontage or depth required by this chapter and which is a lot of record, the dimensions of which have not been altered since its creation by a voluntary conveyance which rendered such lot more nonconforming and which was created by the following:

(1)

A deed or plat recorded on or after July 18, 1947, and was in full compliance with the minimum dimensional requirements for size, frontage and depth of the zoning ordinance in effect at the time of such recording; or

(2)

A deed or plat recorded prior to July 28, 1947.

(b)

Lawfully established lots which have less than the minimum area or other dimensional requirements may be enlarged by adding additional land to such lots. Such enlargement shall not provide a basis upon which to expand a nonconforming use.

(c)

If two or more abutting nonconforming lots are held in the same ownership as of May 8, 1995, or subsequent thereto, such lots shall be combined for the purposes of this chapter in order to conform or more nearly conform to the minimum area or any other dimensional requirements of this chapter for the district in which the lots are located, and such lots shall not be sold separately.

(d)

A lot which has been created by the merger of two or more nonconforming lots may be subdivided or combined with other lots and subdivided, provided that the following requirements are met and, further, that approval is given by the planning commission:

(1)

In all zones where any portion of the lot is within the coastal zone as defined by the state coastal resources management council or within a wetlands as defined by the state department of environmental management, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.

(2)

In village residential and neighborhood residential zones, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.

(3)

In rural residential zones, where public water is available, the minimum lot area, frontage and lot width of the resulting lot may be reduced to not less than 80 percent of the requirements of the zone. If public water is not provided, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.

(e)

With respect to two or more contiguous lots which are all nonconforming as to size and where all such lots are located in the same zoning district and are or were in common ownership at any time on or after June 23, 1980:

(1)

If the combined area of all such lots is equal to or less than the minimum size requirement for a lot in the zoning district in which such lots are located, all such lots shall be combined and considered an undivided tract of land for the purposes of this chapter; or

(2)

If the combined area of all such lots exceeds the minimum size required by this chapter for a lot in the zoning district in which such lots are located, all such lots shall be replatted into as many lots which fully conform with the minimum size of this chapter for a lot located in the zoning district in which such lots are located without in turn retaining or creating a nonconforming lot as to size.

(f)

Subject to subsection (g) of this section, in any zoning district in which single-family dwellings are permitted, a single-family dwelling may be erected on a nonconforming lot as to size or on a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section in accordance with the following:

(1)

Where such lot contains less than 10,000 square feet, a single-family dwelling may be erected thereon, provided that no interior side yard on such lot shall be less than 12 feet and that building setbacks and rear yards shall be in conformity with this chapter. Any accessory structure may be constructed on site provided that no interior side yard on such lot shall be less than 12 feet and that building setbacks and rear yards shall be in conformity with this chapter; or

(2)

Where such a lot contains between 10,000 and 30,000 square feet, a single-family dwelling may be erected thereon, provided that no interior side yard on such lot shall be less than 15 feet and that building setbacks and rear yards shall be in conformity with this chapter. Any accessory structure may be constructed on site provided that no interior side yard on such lot shall be less than 15 feet and that building setbacks and rear yards shall be in conformity with this chapter.

(g)

Notwithstanding subsection (f) of this section, if a nonconforming lot or a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section is nonconforming as to frontage and/or depth, no single-family dwelling may be erected thereon unless the lot meets the following applicable minimum requirement for frontage and depth:

(h)

If a nonconforming lot or a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section does not comply with the applicable frontage and/or depth requirements of subsection (g) of this section or if a lot created or altered prior to January 1, 1980, in reliance on a decision of the zoning board of review purporting to authorize the creation or alteration thereof, complies with the size requirement of this chapter but does not comply with the frontage and/or depth requirements of this chapter, the zoning board of review may grant a special exception authorizing the erection of a single-family dwelling on such lot in accordance with section 21-15 only if, in addition to the findings required by such subsection, it is also established by specific finding that:

(1)

The siting of the dwelling and any accessory building proposed to be erected on such lot, together with the means of access to the dwelling site, will be in accordance with a site plan which has, prior to the granting of such special exception, been approved by the department of planning and development, to ensure that the findings made in accordance with section 21-15 will be implemented; and

(2)

There is an adequate means of vehicular and utility access to such dwelling site from a public road either over the lot itself or by virtue of an easement conveyed to the owner or former owner thereof for the benefit of such lot and all subsequent owners and occupants thereof.

However, this subsection shall not be construed to authorize the zoning board of review to grant relief from the size, frontage or depth requirements of this chapter with respect to any lot created or altered by a plat or deed recorded on or after July 28, 1947, which was not when created or after such alteration in full compliance with the size, frontage and depth requirements of the zoning ordinance in effect at the time of such recording other than a lot created or altered prior to January 1, 1980, in reliance on a decision of the zoning board of review, which purported to authorize the creation or alteration of such lot and which was predicated upon a petition to the zoning board of review which covered the tract of land out of which such lot was created or such lot prior to alteration. Further, this subsection shall not be construed as indicating that the zoning board of review, prior or subsequent to January 1, 1980, was or is authorized to allow the creation or alteration of a lot which was not or is not in full compliance with the size, frontage or depth requirements of the zoning ordinance in effect at the time such lot was created or altered.

(i)

Where a legal nonconforming lot of record, zoned for business or industrial use, has less than the minimum required frontage, but more than 100 feet of frontage, a use or structure may be erected, enlarged or altered thereon without approval from the zoning board of review being necessary, provided that such alteration, enlargement or construction complies with all other requirements of the district in which such lot is located; otherwise a variance will be required as described in subsection 21-14(b)(2).

(j)

Subsections (c) and (e) of this section shall not apply to unimproved abutting or unimproved contiguous lots which were created by a recorded subdivision or land development project which was approved by the planning commission after April 8, 1974.

(k)

Subsections (c) and (e) of this section shall not apply to lots which each have structures located thereon unless such structures constitute or are related or accessory to a principal use which is located on one of such lots.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998; Ord. No. 98-8, §§ 1, 2, 5-11-1998; Ord. No. 01-18, § 1, 10-1-2001; Ord. No. 03-13, § 3, 9-8-2003; Ord. No. 14-04, § 2, 2-10-2014)

(a)

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the applicable parking requirements of this chapter.

(b)

Any residential, commercial, business or industrial land uses in existence on the effective date of the ordinance from which this section derives is exempt from meeting the requirements of this article. However, if any existing structure is expanded, that amount of new area created by an expansion is bound by the requirements of this article. This requirement shall not include alterations to the interior of existing structures which do not change the parking or loading requirements of the uses therein.

(c)

A building or structure nonconforming by parking, if changed to a different conforming use, pursuant to all other sections of this chapter, shall meet the parking requirements of this chapter.

(Ord. No. 95-3, § 1, 5-8-1995)

Any existing nonresidential use that is nonconforming as to the minimum landscaped open space requirements of this chapter or the landscaping and screening requirements may be enlarged in terms of gross floor area, volume or use without satisfying such landscaping requirements, provided that such enlargement is less than or equal to a 25-percent increase of the structure or use of the lot. Any enlargement exceeding 25 percent shall comply with the landscaping requirements for the lot and use.

(Ord. No. 95-3, § 1, 5-8-1995)

Nothing in this article shall require any change in the plans, construction or designated use of a building pursuant to a valid building permit on the effective date of the ordinance from which this chapter derives.

(Ord. No. 95-3, § 1, 5-8-1995)

(a)

Purpose and intent. The purpose of this section is to permit residents a broad choice in the use of such residents' homes as a place of livelihood and the production of supplemental personal and family income, to maintain and preserve the character of residential neighborhoods by protecting them from adverse impacts of activities associated with commercial uses, and to establish criteria and development standards for home occupations conducted in dwelling units in residential zones.

(b)

Conditions. Home occupations, as defined in section 21-22, are allowed subject to the following conditions:

(1)

The use of the dwelling unit or, where permitted, an accessory structure by the resident for a business is incidental and subordinate to its use for residential purposes and occupies 25 percent or less of the floor area within the dwelling unit on the premises.

(2)

No more than two nonresident employees are permitted on site.

(3)

There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from the property line of the conduct of such business, except that one sign not larger than two square feet in area bearing only the name of the practitioner and occupation shall be permitted (words only). The sign shall be flush-mounted to the dwelling unit and shall not be illuminated internally.

(4)

Traffic, including traffic by commercial delivery vehicles, shall not be generated in greater volumes than would normally be anticipated in a residential neighborhood.

(5)

No hazard or nuisance, including noise, dust, odors, heat, glare, noxious fumes or vibrations, shall be created to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists.

(6)

There shall be no display of goods, outside storage, stockpiling of materials or retail sales on the premises.

(7)

Parking for the home occupation shall be met on site.

(8)

Permitted home occupations include but are not necessarily limited to the following, provided, however, the occupations do not violate subsections (b)(1) through (b)(7) of this section: dressmaking, sewing and tailoring; telephone solicitation work; photography studio; tutoring; home crafts; studios for artists or craftworkers; single-operator hairdresser; offices for doctors, dentists, attorneys, real estate agents, insurance agents, accountants, stockbrokers, engineers, architects, landscape architects, musicians, writers, data programming, and sales representatives; and family day care.

(9)

There shall be no storage of commercial equipment on the property except as allowed under section 21-321.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 14-03, § 1, 1-16-2014)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Commercial vehicles. The parking or storage of commercial vehicles with a gross vehicle weight (GVW) of more than 26,000 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. Storage of commercial vehicles in excess of 26,000 pounds may be allowed with a special use permit issued by the zoning board of review. All storage of commercial vehicles allowed above shall be subject to the following development standards:

(1)

All commercial vehicles shall be properly buffered or screened through appropriate landscaping or other measures.

(2)

The operation or running of equipment shall conform to all town noise ordinances.

(b)

Major recreational vehicles and equipment. In any residential zone, the parking or storage of major recreational vehicles and equipment, including travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but not mobile homes, must comply with the following:

(1)

Not more than one travel trailer, pickup camper or coach, motorized dwelling or tent trailer may be parked or stored per dwelling unit. Any such equipment stored pursuant to this section shall be no more than 13 feet in height.

(2)

No major recreational 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:

a.

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.

b.

Boats shall be set back a distance at least equal to one-third the side, rear or front yard dimension specified in article IV of this chapter, 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.

c.

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

(5)

Parking or outside storage of any major recreational vehicle and related equipment as defined in section 21-321(b) of this section shall be prohibited from on-street parking and front yard setback areas and shall take place in the side or rear yard areas, avoiding storage in setback areas where possible, except where terrain, topography or existing site features render such storage impractical as determined by the zoning enforcement officer.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 07-12, § 8, 6-11-2007; Ord. No. 14-03, § 2, 1-16-2014)

Cross reference— Stopping, standing and parking, § 11-31 et seq.

As of the effective date of the passage of the ordinance from which this section derived [November 21, 2011], WES shall not be allowed in any zoning district. Any WES that was approved prior to the date of this ordinance shall be subject to the applicable ordinances and regulations that were in place at the time of its approval.

(Ord. No. 10-16, § 3, 9-27-2010; Ord. No. 11-22, § 3, 11-21-2011)

(a)

Purpose and intent. The purpose of this section is to permit and facilitate appropriately scaled solar energy systems and to establish criteria and development standards that maximize their effectiveness and efficiency.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Freestanding accessory solar energy system means a solar energy system that is incidental and subordinate to the principal use(s) of a parcel.

Freestanding solar energy system means a solar energy system that is not attached to a structure and is ground mounted.

Roof mounted solar energy system means a solar energy system mounted on the roof of a structure, including a principal or accessory structure.

Solar energy system means a device to provide for the collection, conversion, storage and distribution of energy derived from solar radiation for space heating or cooling, electricity generation, or water heating.

(c)

Roof mounted solar energy systems. Roof mounted solar energy systems are permitted in all zones as accessory uses subject to the following development criteria:

(1)

Roof mounted solar energy systems shall not exceed the height limitations prescribed by the zoning district in which they are located.

(2)

All roof mounted solar energy systems shall be designed and located to prevent reflective glare toward any adjacent properties.

(3)

With the exception of the solar panels, all equipment associated with roof mounted solar energy systems, including but not limited to controls, energy storage devices, heat pumps, exchangers, or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be screened from street view.

(d)

Freestanding solar energy systems. If the following development standards can be met, freestanding accessory solar energy systems shall be permitted as accessory uses to the single-family or multi-family nature of a property as indicated within article III of this chapter, entitled "land use table." Any exceptions to the development standards shall require a special use permit. Freestanding solar energy systems proposed as a principal use within a residential zone are prohibited.

(1)

Any freestanding solar energy system that requires a special use permit pursuant to article III and section 21-13 shall adhere to the requirements of this section.

(2)

Properties with freestanding solar energy systems shall provide adequate emergency vehicle access and a minimum of two parking spaces for routine maintenance or monitoring.

(3)

No individual panel within a freestanding solar energy system installation shall exceed 16 feet in height, as measured from predevelopment lot grade at the location of the panel to its highest point.

(4)

All panels, equipment and structures included with freestanding solar energy system installations shall meet the setback requirements prescribed by the zoning district in which they are located.

(5)

a.

Single-family or multi-family zones. All solar panels and equipment associated with freestanding solar energy systems, including but not limited to controls, energy storage devices, heat pumps, exchangers, or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be screened with a six-foot tall privacy fence and prevent unauthorized access.

b.

All other zones. With the exception of solar panels, equipment associated with freestanding solar energy systems, including but not limited to controls, energy storage devices, heat pumps, exchangers, or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be designed to be screened from street view and prevent unauthorized access.

(6)

The freestanding solar energy system shall not interfere with the view of, or from, sites of significant public interest such as public parks or national, state or locally designated scenic byways.

(7)

All freestanding solar energy systems shall be designed and located to prevent reflective glare on any adjacent properties.

(8)

Electrical lines and connections shall be installed underground to the extent permissible by the utility company.

(e)

Town-owned property and assets. Nothing contained within this section shall preclude the town from operating or leasing any solar energy system on town-owned properties or assets, subject to the provisions contained within the Charter.

(Ord. No. 18-02, § 3, 1-8-2018; Ord. No. 18-11, § 3, 5-7-2018)

The uses in this section are allowed subject to the standards and conditions specified in addition to those specified elsewhere in this chapter. An applicant should demonstrate compliance with the development standards associated with a use requiring a special use permit and should also meet the requirements of section 21-15. Where allowed, an applicant may request a waiver of a particular standard or condition of a development standard by an application to the zoning board of review for a special use permit. The development standards and conditions are as follows:

(1)

Drive-in windows. Development standards for drive-in windows shall be as follows:

a.

Vehicular entrances and exits shall be controlled by curbing.

b.

There shall be adequate off-street parking and loading spaces to serve the proposed use. There must be sufficient on-site stacking areas to accommodate at least ten queued vehicles for a drive-in/drive-through lane and at least three queued vehicle(s) exiting the site. If two or more drive-in/drive through lanes are proposed for a single use on a property, there must be sufficient on-site stacking areas to accommodate at least five queued vehicle(s) for each drive-in/drive-through lane per drive-in/drive through lane and at least four queued vehicles exiting the site regardless of the number of drive-in/drive through lanes.

c.

Any accessory drive-in/drive-through lane shall be properly located within the parking and circulation plan to avoid any effect on off-site vehicular or pedestrian traffic, and in no case shall a drive-in/drive-through window be located on any building façade which faces a public street.

d.

For a freestanding, single-use building proposed with a drive-in/drive through lane the minimum lot area shall be no less than 40,000 square feet in the neighborhood business, general business, heavy business or planned business zoning districts.

(2)

Hotel or motel. Development standards for a hotel or motel shall be as follows:

a.

Minimum lot area exclusively utilized for this use shall be two acres of land suitable for development.

b.

Hotel or motel use is permitted as an accessory use to a water-dependent use.

c.

The maximum number of guest units per buildable acre shall be one rooming unit per 3,000 square feet of land suitable for development. This limitation shall not apply to a hotel or motel which is connected to and utilizes the sewage treatment plant of the QBP.

d.

Where an application increases public access to the water at least 30 percent the length of the bulkhead, an increase of 25 percent of the number of guestrooms is permitted, subject to meeting all of the requirements of this chapter.

(3)

Institutions for higher learning. Development standards for institutions for higher learning, including colleges, universities, junior colleges, technical schools, along with accompanying service and administrative buildings, dormitories and customary indoor and outdoor recreation facilities such as playfields, gymnasiums and stadiums, shall be as follows:

a.

The minimum lot area shall be ten acres of contiguous land suitable for development. This minimum shall not apply to educational institutions where buildings are used for classrooms with no accompanying services or uses.

b.

Any associated recreational facility and/or dormitory shall be operated primarily as an adjunct to some educational, cultural, social or athletic activity of such institution of higher learning and not leased or otherwise operated primarily for the purpose of gain or profit.

c.

No building, parking or loading area or recreational facility shall be nearer than 200 feet to any residential use.

d.

There shall be no outdoor public address or music system, except for those customarily associated with a stadium, provided that such stadium is located at least 500 feet from any residential property line.

(4)

Marinas. Development standards for marinas shall be as follows:

a.

The sale of fuel and or bottled gas on a marina site must conform with the following conditions: Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high water line. However, gasoline pumps may be located conveniently to serve boats, provided that precautions are taken to prevent spillage in the waters of the town. The vessel containing the fuel or gas must comply with Federal Emergency Management Agency flood hazard regulations and the National Fire Protection Association regulations.

b.

Pumpout facilities for boats shall be provided.

c.

There shall be provisions made for the collection and disposal of boat-generated solid wastes.

(5)

Hospitals, nursing and convalescent homes. Standards for hospitals, nursing and convalescent homes shall be as follows:

a.

The site shall contain no less than ten acres of land suitable for development.

b.

The project shall have received a certificate of need from the state department of health.

c.

The maximum density shall be based on a minimum of 10,000 square feet of suitable land area per bed.

d.

Access to the development site shall be from either an arterial or collector road and shall not exceed 1,000 feet without a second means of ingress and egress for emergency vehicles. This second access may enter onto any class road and shall be reserved for emergency vehicle use by means of a suitable barrier in accordance with the standards of the fire department.

e.

In lieu of the required minimum side yard and rear yard setbacks in a residential district, a minimum 150-foot transitional yard setback shall be provided along the side and rear property lines. At least 75 feet of this area shall be planted and maintained to provide a yearround visual screening of the development from abutting and adjacent land uses.

(6)

Day care and nursery school. For a day care and nursery school, the site shall contain no less than one acre of land suitable for development.

(7)

Accessory dwelling units.

a.

Conditions and requirements applicable to all accessory dwelling units.

1.

An accessory dwelling unit shall not be permitted on the same lot on which exists a rooming house or boarding house, preexisting accessory dwelling unit, two-family dwelling, multi-family dwelling, mobile home park, or hotel or motel.

2.

No more than one accessory dwelling unit shall be permitted on a lot unless otherwise expressly permitted by this chapter.

3.

The accessory dwelling unit shall not contain more than two bedrooms.

4.

At least one additional off-street parking space shall be provided on the lot for the accessory dwelling unit.

i.

Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in the parking spaces.

ii.

There shall be no more than two outdoor parking spaces on the lot for the new accessory dwelling unit.

5.

Prior to issuance of a building permit for an accessory dwelling unit proposed in a business district within the groundwater overlay zone, development plan review must be approved by the planning commission. The planning commission shall find that the proposed mixture of residential and business activities will not result in conditions which are unhealthy or harmful to the community welfare.

6.

An accessory dwelling unit and the principal dwelling unit shall be in the same ownership with a deed restriction recorded in the land evidence records, as appropriate, with documentation of the recording provided to the building official, prior to the issuance of a certificate of occupancy for the accessory dwelling unit.

7.

The owner(s) of the property in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their residence.

8.

The appearance of the principal structure must remain that of a single-family residence.

i.

All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling.

ii.

Any new entrance shall be located on the side or in the rear of the dwelling.

iii.

Where two or more entrances already exist on the front façade of a dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and other entrances appearing to be secondary.

9.

The lot that the accessory dwelling unit is located on shall contain not less than the minimum lot size required for the principal dwelling per article IV, in a conservation development section 21-216, in a cluster development section 21-221, or in a residential compound development section 21-429(b)(2).

10.

The maximum gross floor area for an accessory dwelling unit shall not exceed 40 percent of the gross floor area of the principal dwelling, excluding areas of the structure used for parking or 1,000 sq. ft., whichever is the lesser amount.

11.

The application for a special use permit shall be accompanied by a site plan containing:

i.

Floor plans, drawn to scale, of the accessory dwelling to be created and the structure where it is to be located.

ii.

Where exterior changes are proposed, an elevation, or other visual representations of the façade to be changed sufficient to show the architectural character of the dwelling.

iii.

An off-street parking plan.

b.

Where an accessory dwelling unit in an owner occupied, single-family residence is to be constructed for a family member(s) with disabilities, RIGL 45-24-37(e) and (f) shall apply.

(8)

Commercial establishments for coin-operated mechanical amusement devices. Standards for commercial establishments whose principal purpose is the furnishing for use and for a profit coin-operated mechanical amusement devices, as defined in chapter 9, shall be permitted, provided it is established to the satisfaction of the zoning board and the zoning board finds that:

a.

The existence of such an establishment will not create a traffic and/or parking problem;

b.

The existence of such an establishment will not create a nuisance to surrounding property owners;

c.

Adequate precautions will be taken by the establishment to prevent disorderly conduct as defined by section 12-6 on the establishment premises or in the immediate area of the establishment premises; and

d.

The granting of such a special use permit is in accordance with the general purpose and intent of this chapter and in accordance with the general and special rules as set forth in subsection 21-6(2).

(9)

Churches, synagogues and temples. Access to the site shall be directly from either an arterial or collector road.

(10)

Noncommercial clubs and fraternities. Access to the site shall be directly from either an arterial or collector road.

(11)

Animal hospitals. Development standards for animal hospitals shall be as follows:

a.

There shall be a 100-foot setback from the side and rear lot lines.

b.

There shall be no outside boarding.

(12)

Travel trailer parks. Development standards for travel trailer parks shall be as follows:

a.

The site shall contain no less than ten acres of land suitable for development.

b.

Each trailer lot site shall be provided with suitable connections to a potable water supply system, sewage disposal system and electrical distribution system. Wherever possible, these facilities shall be connected to the appropriate public facilities.

c.

In lieu of the required minimum side and rear yard setbacks in the district, a minimum 100-foot transitional yard setback shall be provided along the rear and side property lines. At least 50 feet of this area shall be appropriately landscaped to screen the use from adjoining and abutting uses.

(13)

Bed and breakfast. A bed and breakfast may be conducted in any single-family residential dwelling by the owner-occupant, provided the following conditions are met:

a.

Breakfast shall be the only common meal provided.

b.

There shall be not more than three bedrooms or more than five persons.

c.

There shall be no exterior evidence of the activity other than a sign permitted pursuant to article X of this chapter.

d.

There shall be sufficient off-street parking spaces conforming to article XI of this chapter or no less than one per rented bedroom in addition to that required of the dwelling.

e.

The bed and breakfast use shall be clearly subordinate to the principal use of a single-family dwelling.

f.

No dwelling unit shall be used as a bed and breakfast unless a permit has been issued by the building official. Such permits shall be valid for a period of one year and shall be issued only after the building official has certified that the residence meets all the requirements of this chapter and any conditions set out by the zoning board of review.

g.

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes.

h.

No guest may be registered for more than 21 consecutive nights. The owner shall maintain a guest register and shall reserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the building official or designee.

(14)

Mobile home parks. Development standards for mobile home parks shall be as follows:

a.

There shall be a minimum of ten acres of land suitable for development.

b.

Along all exterior property lines of a mobile home park, a landscaped buffer strip shall be maintained. Such buffer strip shall be no less than 100 feet wide and planted and maintained in order to provide yearround visual obstruction of the mobile home lots from abutting land and streets. Such buffer strip may be used for recreation of a nonintensive character; provided, however, that no structure is located thereon.

c.

The minimum mobile dwelling unit lot size for a mobile dwelling unit lot located within a mobile home park shall be 6,000 square feet.

d.

The minimum dimensional standards for mobile home parks are as follows:

1.

All mobile dwelling units located within a mobile home park subsequent to the adoption of this subsection shall conform to the following:

i.

Minimum internal roadway exclusive of parking lanes which may be located thereon: 18 feet.

ii.

Minimum spacing from another mobile dwelling unit or structure:

Side to side: ten feet

End to side: eight feet

End to end: six feet

2.

No additional mobile dwelling unit lots shall be located in a preexisting nonconforming mobile home park unless the additional mobile dwelling unit lots conform to all of the development standards for mobile home parks.

3.

The replacement of a mobile dwelling unit or replacement of a mobile home dwelling unit on a licensed unoccupied mobile home dwelling unit lot within a mobile home park shall be allowed only where the minimum dimensional standards of this subsection (14)d can be met.

(15)

Telecommunications towers. Development standards for telecommunications towers shall be as follows:

a.

Telecommunications towers shall be prohibited in any historic district and in or within 500 feet of any scenic overlay district except by a use variance from the zoning board of review. A certificate of approval from the historic district commission is required for locations within a historic district. Impact mitigation is required for locations in or within 500 feet of a scenic overlay district.

b.

Applications for a use variance or a special use permit shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three potential sites:

1.

Site plans;

2.

Photographs of the site and surrounding areas; and

3.

Written documentation of the lack of a site in a permitted district.

c.

The following standards shall apply to all applications:

1.

A reasonable effort shall be made to utilize existing structures for telecommunications antennas. If an existing structure is not utilized, evidence as to why not shall be submitted.

2.

Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennas and communications towers shall be identified.

3.

Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1.5 feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.

4.

All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communications tower is located, but no less than 25 feet. When located in or abutting a residential district or historic overlay district, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.

5.

Communication equipment buildings and structures shall be considered accessory uses and shall comply with the following setbacks:

i.

One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 25 feet.

ii.

Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 35 feet.

6.

Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Towers shall be completely screened from all adjacent properties and streets and appropriately camouflaged if required. Plantings shall be of such a height and density to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the town's subdivision regulations or as accepted by the director of planning and development. Screening shall comprise ten percent of the minimum established setback requirement, but shall not be less than five feet in width unless located in or abutting a residential district or historic overlay district which will require that it not be less than ten feet in width. Screenings may be waived by the zoning board of review on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

7.

Communications towers shall be enclosed by a fence no less than eight feet in height or no more than ten feet in height from finished grade. Access shall be through a locked gate. Communications towers in or abutting a residential district or historic overlay district shall have fencing comprised of wood or stone.

8.

Communications towers shall not be artificially lighted except as required for public safety purposes by the Federal Aviation Administration (FAA) or by the town.

9.

No signs shall be allowed on any communications tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the town.

10.

Communication antennas not attached to a communications tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily or public utility structure, provided that:

i.

The antennas are not higher than 20 feet above the highest point of the structure;

ii.

The antennas comply with applicable Federal Communications Commission and Federal Aviation Administration regulations; and

iii.

The antennas comply with all applicable zoning requirements and building codes.

11.

Communications towers shall be located so as to comply with the following standards for the minimum separation distance from existing communications towers and/or communications towers that have received a valid special use permit, use permit or building permit:

MINIMUM SEPARATION BETWEEN TOWERS (BY TOWER TYPE)

i.

Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

ii.

Separation distances shall be measured from the global positioning system location of the existing, approved or proposed communications tower. A certified survey showing the global positioning system location of the proposed communications tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with setback requirements.

(16)

Adaptive apartment units. The intent of adaptive apartment unit provisions is to provide opportunities for currently unpermitted apartment units to be brought into compliance, and gain affordable housing. As a subsidy to facilitate that end, local fees for the inspection and monitoring as it relates to the affordable component of these properties identified under these provisions will be waived, and to the extent allowable by law any negative effect entailed by the deed restriction involved will be reflected in the property tax assessment. This provision does not waive any building permit or other associated town fees.

a.

A dwelling unit that does not qualify as a lawful nonconforming use or structure may be granted a special use permit for occupancy as an adaptive apartment unit if in compliance with all of the following.

b.

The unit has been documented to have existed on January 1, 2014.

c.

The maximum gross floor area for an accessory dwelling unit shall not exceed 40 percent of the gross floor area of the principal dwelling, excluding areas of the structure used for parking or 1,000 sq. ft., whichever is the lesser amount.

d.

The unit must meet all requirements of RIGL 23-27.3, the state building code; of RIGL 45-24.3, the housing maintenance and occupancy code; and of all applicable fire codes prior to issuance of a certificate of use and occupancy.

e.

The unit must be made subject to a land lease and/or deed restriction which assures for at least 99 years that:

1.

The units shall be affordable to households having an income of no more than 80 percent of the area median income (AMI), as specified in RIGL 42-128-8.1(d)-1;

2.

Occupant households or individuals shall have incomes not exceeding that same level;

3.

The units shall be offered through a marketing, tenant selection and monitoring plan that meets local preferences and state and federal fair housing requirements.

4.

The 99-year deed restriction shall reset and begin as a new 99-year deed restriction at the time of the sale of the unit or property.

f.

One parking space per adaptive apartment unit must be provided unless, in acting upon the special use permit, the zoning board of review determines that a lesser requirement will serve all needs owing to the nature of the occupancy.

g.

Not more than two such unpermitted units on any one lot may qualify for lawful occupancy through a special permit granted pursuant to these provisions.

(17)—(20)

Reserved.

(21)

Farmers' markets. Development standards for farmers' markets shall be as follows:

a.

Produce, plants, animal products and other products sold at the market must be sold by the producer or by their authorized agent. Wholesale vendors who purchase products from other producers are prohibited. Any products not from the state must be labeled as such.

b.

Vendors must adhere to all state laws regarding sales of produce and/or food.

c.

Proof of insurance may be required of the organization requesting to hold a farmers' market.

d.

Only demonstrations featuring growing and agricultural related products are allowed.

e.

The use shall not adversely impact neighboring properties. Review may include factors such as the hours of operation, traffic and noise.

f.

A maintenance plan may be required that provides for preservation of landscaping and cleanup and litter removal. The organization requesting to hold a farmers' market will be responsible for maintenance, clean-up and litter and trash removal.

g.

Adequate off street parking must be available and a traffic control plan may be required that provides for the orderly flow of pedestrian and vehicular traffic.

h.

No registered farms located within the town shall be excluded from participating in any farmers' market located on public property.

(22)

Outdoor sales, display and/or storage with standards to include the following:

a.

No activity shall be permitted in the public right-of-way.

b.

No activity shall obstruct building exits, fire lanes, or handicap parking spaces.

c.

No activity shall obstruct pedestrian flow through the site or from abutting properties.

d.

"Open storage" shall comply with section 21-279(d)(13)b.

e.

Pedestrian access to outdoor display and sales areas shall be clearly delineated and separated from any traffic flow or movements on the property either by permanent walls, barriers or vegetation, or removable barriers that are capable of creating a safe barrier between pedestrians and vehicles.

f.

Total of outside sales, storage and display not to exceed 25 percent of total building retail area accessible to the public including vestibules, entrances, exits, and permanent approved structures attached to the main building and in no event shall it exceed 20,000 square feet.

g.

All outdoor storage areas shall be adequately buffered from the front and side property lines.

h.

Any and all storage shall be either on the side or rear of the building except in the Post Road zone. In the Post Road zone, outdoor storage shall only be allowed at the rear of the structure.

i.

Outdoor sales and display shall only be allowed within an envelope around the building defined by a perimeter which is one-half the distance between the building and the property line. Additionally, in a Post Road zone, no outdoor sales or display shall be allowed in front of any building or in any area which is an extension of the front line of the building extending to the property line.

j.

Outdoor sales and display shall not exceed 15 percent of the total retail floor area for that use or business including vestibules, entrances, exits, permanent approved structures attached to the main building and all areas accessible to the general public.

k.

Outdoor storage shall not exceed 15 percent of the total retail floor area for that use or business including vestibules, entrances, exits, permanent approved structures attached to the main building and all areas accessible to the general public.

l.

Outdoor storage or display shall not encroach on to any building set-back as such set-backs are defined in article IV.

m.

If all of the development standards can be met, then outdoor sales, display, and/or outdoor storage will be allowed by right on the property. Any exceptions to these development standards will require the issuance of a special use permit, if allowed in the land use table.

n.

This subsection 21-325(22) shall not apply to accessory vehicle storage adjacent to motor vehicle dealership.

(23)

The raising of chickens (Gallus domesticus) shall have the following requirements:

a.

The owner of any dwelling in a residential zone may keep a maximum of six chickens per acre, with a maximum of 12, provided that:

1.

No person shall keep any rooster on lots without the issuance of a special use permit;

2.

All chickens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:

i.

The hen house must be covered, predator resistant, and well-ventilated;

ii.

The hen house must provide a minimum of two square feet for each bird;

iii.

The hen house must be kept clean, dry, and sanitary at all times; manure must be composted in enclosed bins;

iv.

The hen house must be located at a minimum of 20 feet from any dwelling;

v.

The hen house and the fenced outdoor enclosure shall be within the accessory structure setback;

vi.

Manure shall not be stored or composted within 50 feet of a lot line, within 100 feet of a well, or within 200 feet of a wetland or stormwater drainage feature. Areas where manure is stored or composted shall be visually screened from dwellings on adjacent lots.

3.

No chickens may be kept or raised within the dwelling;

4.

No chickens may be harvested in plain view of abutting residential structures;

5.

The raising of chickens shall be restricted to back yards or side yards;

6.

All feed must be stored, secured and covered in a predator resistant container or area;

7.

All poultry are subject to the nuisance provisions set forth in sections 8-11 and 8-12 of the North Kingstown Code of Ordinances;

8.

If all of these development standards can be met, then the allowance of raising chickens will be allowed by right on the property. Any exceptions to these development standards will require the issuance of a special use permit, if allowed in the land use table.

9.

Nothing herein shall be construed to prohibit any legal use existing at the time of the adoption of this amendment.

(24)

Medical marijuana cultivation center, adult-use/recreational marijuana/hybrid cultivation center, cannabis product manufacturer.

a.

The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

b.

The location of the facility shall meet the requirements of the Rhode Island General Laws and regulations. The cultivation center shall not be located within 1,000 feet of any property line of an existing public or private school, preschool, or licensed day-care center.

c.

Any structure that is used for cultivation or manufacturing of marijuana and cannabis products shall not be located within 400 feet of an existing residential structure.

d.

Lighting shall adequately illuminate the cultivation center or manufacturing facility, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the center's front façade, and any adjoining public sidewalk or walkway.

e.

The proposed cultivation center or manufacturing facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm center. Security shall meet the requirements of the Rhode Island General Laws and regulations. Proof shall be submitted to the planning department at application.

f.

Marijuana and cannabis cultivation and manufacturing facilities shall comply with the parking and loading requirements of the North Kingstown Zoning Ordinance.

g.

The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.

h.

The applicant shall provide confirmation that the fire chief, police chief, and building official have received notice of intent to operate a cultivation center or manufacturing facility at the subject property.

i.

Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:

1.

The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.

2.

The development plan shall meet the requirements of article XI, development plan.

3.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.

4.

Lighting is provided to illuminate the marijuana retail facility or marijuana cultivation facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

5.

Development plan review applications for all marijuana cultivation facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.

6.

All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

(25)

Nonresidential cooperative cultivation.

a.

The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

b.

The location of the nonresidential cooperative shall not be located within 1,000 feet of any property line of an existing public or private school preschool, or licensed day-care center.

c.

Any structure that is used for nonresidential cooperative cultivation of marijuana shall not be located within 400 feet of an existing residential structure.

d.

Lighting shall adequately illuminate the nonresidential cooperative cultivation center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the nonresidential cooperative's front façade, and any adjoining public sidewalk or walkway.

e.

The proposed nonresidential cooperative cultivation center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm center. Security shall meet the requirements of the Rhode Island General Laws and regulations. Proof shall be submitted to the planning department at application.

f.

Nonresidential cooperative cultivation shall comply with the parking and loading requirements of the North Kingstown Zoning Ordinance.

g.

If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.

(26)

Accessory vehicle storage adjacent to motor vehicle dealership shall be permitted on property adjacent to a property situated in another municipality that is used primarily for the sale of motor vehicles subject to the following standards:

a.

Any accessory vehicle storage adjacent to motor vehicle dealership shall comply with the landscaping standards of section 21-277(5)a., b. and c., but shall not be required to comply with subsection d.

b.

Any lighting on the property shall utilize fixtures that are shielded in a manner to prevent light from being broadcast above the horizontal plane of the fixture and light pole height shall be kept as low as practical for purposes of safety and security.

c.

Any surface coverage on a property with an accessory vehicle storage adjacent to motor vehicle dealership use shall include surface coverage materials that minimize impervious surfaces.

d.

No building shall be permitted to be constructed on a property with an accessory vehicle storage adjacent to motor vehicle dealership use.

e.

No signage, advertisement or vehicle display areas for public display shall be installed on a property with an accessory vehicle storage adjacent to motor vehicle use.

f.

If all of the development standards set forth in this subsection 21-325(26) are satisfied (which may be evidenced by development plan approval) accessory vehicle storage adjacent to motor vehicle dealership will be allowed by right pursuant to the land use table. Any exceptions to these development standards will require the issuance of a special use permit.

(27)

Farm wineries, breweries, and distilleries:

a.

Accessory use: The accessory uses established by this section refers to an accessory use to the principal farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. Failure to clearly demonstrate compliance with the development standards below shall result in the denial of an application. Failure of uses permitted under this section to maintain compliance with these conditions shall constitute a zoning violation. All construction associated with a farm promotion accessory use shall be subject to applicable building code and permitting requirements.

b.

Retail space. Except for farmer markets, no more than 1,000 square feet of space, whether in a building or outdoors, shall be devoted to any retail use.

c.

Signage. One ground mounted sign shall be allowed for identification purposes which shall not exceed 15 square feet and shall not exceed five feet in height and shall meet the signage requirements of article X: signage with regard to setback requirements. All lighting for these signs shall be external indirect lighting only.

d.

Parking. Adequate off-street parking shall be provided in accordance with section 21-272: parking schedule, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials including, but not limited to turf, crushed shells, stone, lattice finishes are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of stormwater runoff from these surfaces shall meet the town stormwater requirements.

e.

Lighting. Any outdoor lighting shall be cut off fixture designs and shall be controlled so that the source of the light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. All lighting practices shall be compliant with the International Dark Sky Association. Interior lighting of greenhouses in exempt from this requirement.

f.

Setback. Accessory agricultural buildings shall conform to the dimensional requirements of the underlying district and shall be located behind any primary residential structure or other primary agricultural building, with the exception of farm stands. Where there are noise concerns with the potential use of the accessory building, this setback shall be increased to 100 feet from all property boundaries.

g.

Screening. In addition to using existing structures to shield outdoor storage from view, opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any outdoor storage of equipment and materials not related to the principal agricultural use of the property that occurs within 50 feet of a side or rear lot line. Any outdoor dumpsters or similar large-scale trash collection bins associated with the farm accessory use shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening.

h.

Storage. Storage of any non-agricultural equipment or materials related to an accessory farm use shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with the use shall be located in a manner that effectively shields them from viewed from a town road.

i.

Fencing. Fencing shall be made of a wooden material or other synthetic materials designed to stimulate traditional fencing materials.

j.

Hours of operation. The hours of operation shall be submitted as part of the special use permit application and shall be a condition of any approval by the zoning board of review. The hours of operation shall be set by the zoning board of review. Hours for deliveries shall also be specified as part of the application.

k.

All applicable licenses for entertainment, special events, and victualling shall be required separately by the town and are not approved as part of this ordinance.

(28)

Wildlife rehabilitation clinic shall be permitted as provided in the land use table subject to the following standards:

a.

Any surface coverage on a property with a wildlife rehabilitation clinic use shall include surface coverage materials that minimize impervious surfaces.

b.

Any principal and accessory buildings or structures, including outdoor caging areas, shall conform to the dimensional building setback requirements of the underlying district.

c.

Any outdoor caging areas shall be adequately buffered from any abutting residential uses.

d.

Storage of any equipment or materials related to a wildlife rehabilitation clinic use, other than the outdoor cages, shall be indoors to the extent practicable. Outside storage of equipment or materials associated with the wildlife rehabilitation clinic use shall be located consistent with the dimensional building setback requirements of the underlying district and in a manner that effectively shields them from viewing from a public road.

e.

To the extent the property is located in a groundwater protection overlay zone, the provisions of article VIII, section 21-186 shall apply, including the restrictions on land use activities detailed in table 1 "restrictions on land use activities in zone 1 and zone 2 groundwater protection areas."

f.

A plan for handling and disposal of waste from all medical/veterinary processes shall be submitted with the special use permit application.

(29)

Cannabis retailer/hybrid cannabis or medical marijuana emporium.

a.

The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.

b.

The application for a special use permit shall include intended hours of operation, which shall not exceed 9:00 a.m. to 8:00 p.m.

c.

The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

d.

The location of the retailer or emporium shall meet the requirements of the Rhode Island General Laws and regulations. The structure shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades one through 12, pre-existing preschool, or pre-existing licensed day-care center.

e.

Any structure that is used for retail sales of marijuana or for an emporium shall not be located within 100 feet of an existing residential structure.

f.

Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:

1.

The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.

2.

The development plan shall meet the requirements of article XI, development plan.

3.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.

4.

Lighting is provided to illuminate the marijuana facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk.

5.

Development plan review applications for all marijuana facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.

6.

All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

(30)

Cannabis testing facility.

a.

The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application to the department of health submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.

b.

The location of the facility shall meet the requirements of the Rhode Island General Laws and regulations. The cultivation center shall not be located within 1,000 feet of any property line of an existing public or private school, preschool, or licensed day-care center.

c.

Any structure that is used for cannabis testing shall not be located within 400 feet of an existing residential structure.

d.

An approved cannabis testing facility shall provide the town with the registration document for each affiliated laboratory agent once per calendar year, date of which shall be set during the special use permit hearing process.

e.

Warehousing cannabis is prohibited in a cannabis testing facility.

f.

No other uses shall be within the same building or structure.

g.

No testing facility shall be permitted without conformity with standards for environmental protection including, but not limited to: dust, fumes, odors, smoke, vapor, noise, vibration or flashing. The application for special use permit shall include a narrative to describe how the testing facility shall conform.

h.

All refuse and other waste materials shall be stored within the building prior to collection and disposal.

i.

Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:

1.

The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.

2.

The development plan shall meet the requirements of article XI, development plan.

3.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.

4.

Lighting is provided to illuminate the marijuana facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

5.

Development plan review applications for all facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.

6.

All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 96-20, § 1, 11-18-1996; Ord. No. 98-7, 5-11-1998; Ord. No. 01-1, § 13, 2-12-2001; Ord. No. 01-7, § 1, 5-7-2001; Ord. No. 01-18, § 2, 10-1-2001; Ord. No. 07-22, § 2, 9-10-2007; Ord. No. 07-23, §§ 8, 9, 9-24-2007; Ord. No. 08-17, § 3, 7-7-2008; Ord. No. 08-19, § 4, 8-4-2008; Ord. No. 10-06, § 7, 4-26-2010; Ord. No. 10-07, § 1, 5-10-2010; Ord. No. 10-13, § 2, 8-16-2010; Ord. No. 10-16, § 4, 9-27-2010; Ord. No. 11-01, § 6, 1-10-2011; Ord. No. 11-18, § 4, 6-27-2011; Ord. No. 12-03, § 2, 2-27-2012; Ord. No. 12-13, § 7, 10-22-2012; Ord. No. 13-20, § 2, 12-9-2013; Ord. No. 14-08, § 1, 5-5-2014; Ord. No. 15-04, §§ 2, 3, 3-30-2015; Ord. No. 17-07, § 3, 4-17-2017; Ord. No. 19-02, § 3, 3-11-2019; Ord. No. 19-12, § 3, 8-19-2019; Ord. No. 20-11, § 2, 5-18-2020; Ord. No. 21-10, § 3, 8-16-2021; Ord. No. 23-03, § 3, 4-24-2023)

(a)

Except as provided in subsections (b) and (c) of this section, no part of a subsurface wastewater disposal system or other facility designed to leach liquid wastes into the soil shall be located within 150 feet of any river, stream, surface water body (including a seasonal surface water body), coastal or freshwater wetland, or within 150 feet of the line of mean high water of any tidal water body. This section shall not be interpreted to require a 150-foot setback from a perimeter wetland or coastal feature as that term is defined by the State Department of Environmental Management and the State Coastal Resources Management Council.

(b)

Subsection (a) of this section shall not apply to any replacement, repair, alteration or modification of a system or facility which exists on February 12, 2001.

(c)

Subsection (a) of this section shall not apply to the location of such a system on a residential lot which was in existence prior to February 12, 2001.

(Ord. No. 01-1, § 14, 2-12-2001; Ord. No. 12-13, § 8, 10-22-2012)

(a)

Purpose. This section is intended to ensure that subdividers/developers of subdivisions or land development projects provide off-site infrastructure improvements in order to mitigate the impacts which are directly or indirectly attributable to new development. As part of the approval of any subdivision or land development project, such improvements may be required by the planning commission if the commission finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include, but are not limited to improvements to the following:

(1)

Sanitary sewers;

(2)

Water supply systems;

(3)

Streets and roadways;

(4)

Sidewalks;

(5)

Bicycle paths;

(6)

Drainage systems.

(b)

Definition and principles. As a condition of final approval, the planning commission may require a subdivider or developer to construct reasonable and necessary improvements located off of the proposed land being developed. "Necessary" improvements are those clearly and substantially related to the subdivision or land development being proposed. The planning commission shall provide in its resolution of final approval the basis for requiring such off-site improvements.

In its resolution, the commission must find that a significant negative impact on existing conditions will result if the off-site improvements are not made, and are clearly documented in the public record. The mitigation required as a condition of approval must be related to the significance of the identified impact. All required off-site improvements must reflect the character defined for that neighborhood or district by the comprehensive community plan.

(c)

Approvals required. If off-site improvements are proposed to be made to any town, state or federally-owned street, utility or other facility, the approval of the town council or appropriate state or federal agency shall be received in writing and shall be made a part of the record.

(Ord. No. 06-06, § 5, 4-10-2006)

(a)

No structure shall be constructed, erected, expanded, placed or moved and no land use shall be commenced or continued within the town unless in conformity with the regulations specified in this chapter for the district in which it is located, except as may be otherwise provided for by this chapter.

(b)

No lot, minimum setback, yard, open space or off-street parking area shall be so reduced, diminished or maintained such that the yard, open space, total lot area or off-street parking area shall be smaller than prescribed by this chapter.

(c)

No part of a minimum setback, yard, parking space or open space required for any building or use for the purpose of complying with this chapter shall be included as part of a minimum setback, parking space or open space required under this chapter for another use or building, except as expressly provided for in this chapter with regard to parking.

(d)

In no case shall there be more than one residential building and its accessory buildings on one lot except as otherwise may be expressly permitted by this chapter.

(e)

No structure shall be erected on or moved on the lot which does not have frontage on a public street equal to or greater than the required minimum frontage for the district in which it is located except as permitted by section 21-311.

(f)

A temporary building for construction materials and/or equipment for a permitted use on a construction site and a temporary office for the sale or rental of real property shall be permitted in connection with and incidental and necessary to a real estate development use.

(g)

All other temporary and mobile facilities for residential, commercial or industrial use are prohibited in all districts, except as allowed in section 21-330.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 08-08, §§ 1, 2, 6-9-2008)

Editor's note— Ord. No. 08-08, § 1, adopted June 9, 2008, amended the Code by renumbering former § 21-24 as a new § 21-328.

With the exception of signs permitted by this chapter, no accessory use or structure shall be located between the principal use or structure and a street right-of-way, unless, in a residential district only, a special use permit has been first obtained from the zoning board of review in accordance with section 21-15 and the following additional criteria:

(1)

The principal use of the subject lot is residential; and

(2)

The proposed location of the accessory use or building is the most suitable location for the proposed accessory use or building on the subject lot.

(Ord. No. 00-9, § 2, 3-13-2000; Ord. No. 08-08, § 1, 6-9-2008)

Editor's note— Ord. No. 08-08, § 1, adopted June 9, 2008, amended the Code by renumbering former § 21-25 as a new § 21-329.

(1)

Definition. Any container used for the storage of personal property that is typically rented to owners or occupants of real residential property for their temporary use and which customarily is delivered and removed by truck.

(2)

Permit. No person shall place a container on private property without first obtaining a permit from the building official. A permit shall not be required if a unit is stored for 30 days or less.

(3)

Size. There shall be no more than one container allowed per dwelling unit. The maximum size of said container shall not be larger than eight feet wide, 20 feet long and eight feet high.

(4)

Duration. No container shall remain on a property with a residential use in excess of 90 consecutive days or in excess of 120 days in any calendar year. Provided however, that the building official shall have the authority to grant a one time extension of up to 30 days.

(5)

Location. Containers shall be located, where practical, within driveways and not in required parking spaces, fire lanes, loading zones or public rights-of-way. Discretion on location of containers shall be given to the building official.

(Ord. No. 08-08, § 3, 6-9-2008)