Zoneomics Logo
search icon

North Smithfield City Zoning Code

PART 1

General Provisions

§ 340-1.1 General purpose of zoning.

These zoning regulations are developed and maintained in accordance with the North Smithfield Comprehensive Plan prepared, adopted, and as may be amended, in accordance with Chapter 22.2 of this title[1] and shall be designed to address the following purposes. The North Smithfield Town Council recognizes these purposes, each with equal priority and numbered for reference purposes only.
A. 
Promoting the public health, safety, and general welfare.
B. 
Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.
C. 
Providing for orderly growth and development that recognizes:
(1) 
The goals and patterns of land use contained in the comprehensive plan of the town adopted pursuant to Chapter 22.2 of this title;[2]
[2]
Editor's Note: See R.I.G.L. § 45-22.2.
(2) 
The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
(3) 
The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;
(4) 
The values of unique or valuable natural resources and features;
(5) 
The availability and capacity of existing and planned public and/or private services and facilities;
(6) 
The need to shape and balance urban and rural development; and
(7) 
The use of innovative development regulations and techniques.
D. 
Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
E. 
Providing for the protection of the natural, historic, cultural, and scenic character of the town.
F. 
Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.
G. 
Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.
H. 
Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety, and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.
I. 
Providing opportunities for the establishment of low- and moderate-income housing.
J. 
Promoting safety from fire, flood, and other natural or unnatural disasters.
K. 
Promoting a high level of quality in design in the development of private and public facilities.
L. 
Promoting implementation of the North Smithfield Comprehensive Plan adopted pursuant to Chapter 22.2 of this title.[3]
[3]
Editor's Note: See R.I.G.L. § 45-22.2.
M. 
Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on the Town of North Smithfield.
N. 
Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
O. 
Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.
P. 
Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, Chapter 37 of Title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, Chapter 87 of Title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.
[1]
Editor's Note: See R.I.G.L. § 45-22.2.

§ 340-1.2 Official Zoning Map.

A. 
The Official Zoning Map, together with all explanatory matters 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.

§ 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.

§ 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 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 without first receiving a dimensional or use variance following the procedures prescribed in 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.