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North Smithfield City Zoning Code

PART 1

General Provisions

§ 340-1.1 Official Zoning Map.

A. 
The Official Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
B. 
The Official Zoning Map shall be identified by the signature of the Town Council President and attested by the Town Clerk, and bearing the seal of the Town under the following words: "this is to certify that this is the Official Zoning Map referred to in Article I of Chapter 340, Zoning, of the Town Code of North Smithfield, Rhode Island," together with the date of the adoption of this chapter.
C. 
If, in accordance with the provisions of this chapter and R.I.G.L. Title 45, Chapter 24, as amended in 1991, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map within 90 days after the amendment has been approved by the Town Council, with an entry on the Official Zoning Map as follows: "on [date], by official action of the Town Council, the following change(s) were made on the Official Map: [brief description of nature of change]," which entry shall be signed by the Town Council President and attested by the Town Clerk. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.
D. 
No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under § 340-5.33.
E. 
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Town Clerk, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Town.

§ 340-1.2 Replacement of Official Zoning Map.

A. 
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Town Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Town Council President, attested by the Town Clerk, and bearing the seal of the Town under the following words: "this is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on (date of adoption of map being replaced)."
B. 
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

§ 340-1.3 Determination of uncertainties.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C. 
Boundaries indicated as approximately following Town limits shall be construed as following such Town limits;
D. 
Boundaries indicated as following railroad lines or utility rights-of-way shall be construed to be midway between the main tracks or utility rights-of-way;
E. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline, boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;
F. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
G. 
Where physical or natural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through F above, the Building/Zoning Official shall interpret the district boundaries;
H. 
Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board may permit, as a special use permit, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

§ 340-1.4 Uniformity; exceptions.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly, except as hereinafter provided:
A. 
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
B. 
No building or other structure shall hereafter be erected or altered (see § 340-3.5, District dimensional regulations): 1) to exceed the height or bulk; 2) to accommodate or house a greater number of families; 3) to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
C. 
No part of a yard, or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
D. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.