On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the triangle formed by the street lines of such corner lots and a line joining points along said street lines;

Poles not exceeding six inches in diameter are exempted from this section.

No person other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 150 square feet of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding three square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

No home occupation shall be conducted in any accessory building except as a special use permit.

There shall be no sales in connection with such home occupation.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the senses off of the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

Does not include barber, beautician or hairdresser.

A permitted accessory building and/or structures may cover up to 25% of a side or rear yard but may not be placed within 10 feet of a lot line. No accessory buildings or structures shall be located nearer than 10 feet to a principal building unless such accessory buildings or structures are attached to the principal building. No accessory building or structure shall be placed in the front yard of any property.

A carport attached to the main building may be erected over a driveway in a side yard provided such structure is not over 24 feet in length and shall be no closer than 10 feet from side lot line and is entirely open on three sides, except for necessary supporting columns and customary architectural features.

An unenclosed porch may extend up to 10 feet into a side or rear yard but shall not extend to within 10 feet of a lot line.

Only one animal shelter per dwelling unit shall be allowed within 40 feet of a property line, all additional animal shelters, excluding bird shelters, shall be a minimum of 40 feet from a property line.

Any in-ground or aboveground swimming pool with a water depth of 24 inches or more shall be enclosed by a fence that is at least four feet (48 inches) high. This fence must also have a self-closing, self-latching gate that can be locked.

Dumpsters. Any person placing a dumpster on private property shall first obtain a permit from the Building/Zoning Official. Said permit will allow a dumpster for temporary use for not more than 30 days or the time period for which there is an active building permit open on the property. Such dumpster(s) is subject to the following limitations:

Shipping containers. Shipping containers may be placed on any lot for a period of not more than eight days for the purpose of loading or unloading household items during a moving process and are restricted to a single container. These containers shall not be used for long-term storage.

Truck bodies/trailers. No truck bodies or trailers of any kind shall be kept or stored at any residential property at any time.

Exemption. Land classified by the Town of North Smithfield Tax Assessor as farmland or forested under the State of Rhode Island Farm, Forest and Open Space Act[1] shall be exempt from these provisions.

Ordinary projections of windowsills, cornices and other ornamental features may extend up to two feet into a required minimum yard.

Front yard requirements on a lot situated between two lots, each of which has a main building (within 25 feet of its side lot line) which projects beyond the established front yard line and was so maintained when this chapter became effective, may be the average of the front yards of said existing buildings, provided, however, the front yard of such lot shall not be less than 15 feet.

For the purpose of side yard regulations, residential dwellings with common party walls shall be considered as one building occupying one lot. Such dwellings shall include but not be restricted to apartments, townhouses, row dwellings, two-family dwellings, and double dwellings.

Accessory structures permitted above height requirements include roof structures for housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts and water tanks, provided that no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space.

Structures permitted above the maximum height requirements shall be set back from any lot line one additional foot by which it exceeds the maximum height limit for the district.

In any residential zoning district, unless licensed as a vehicle-related business, no unregistered, unserviceable, discarded, or junk vehicles or trailers of any kind or type, or bodies, engines, tires, parts or accessories thereof shall be parked/stored on any property other than in a completely enclosed building or carport with the following exceptions:

In any residence district, the parking or storage of all commercial vehicles and construction equipment of over five tons gross vehicle weight shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use or legal nonconforming use on the premises. All commercial vehicles and construction equipment shall be screened as in § 340-4.19B(8). The numbers of commercial vehicles limited to each lot are as follows:

That such equipment is in condition for safe and effective performance of the function for which it was intended.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

That storage of such vehicles, boats and equipment shall be prohibited in the front yard and shall be limited to the side and the rear yards of the residence.

That it not be stored within 20 feet of a side and/or rear lot line.

One recreational vehicle shall be allowed to be parked on lots of 65,000 square feet or less. Two recreational vehicles shall be allowed on lots greater than 65,000 square feet.

Any structure erected or use established after the date of passage of this chapter shall provide off-street parking in accordance with the following minimum requirements:

Plans and specifications for the required parking and its access drives other than single-family or two-family dwellings shall be submitted at the time of application for a building permit and/or the zoning certificate for the main use.

All commercial and industrial structures erected subsequent to the adoption of this chapter shall provide off-street loading facilities.

Loading areas shall not be in front of buildings and shall be located to the rear or sides of buildings and screened as appropriate. Areas adjacent to residential properties should be free of service circulation and shall be screened in accordance with § 340-4.19B(8).

Plans and specifications for such loading facilities shall be submitted to the Building/Zoning Official at the time of application for the zoning certificate and/or building permit for the principal use. Where a loading facility is abutting a residential district, the restrictions contained in § 340-4.19 concerning surfacing, screening and lighting shall apply. Such loading facility shall be sufficient in size to eliminate the projection of vehicles beyond any lot line and so not to interfere with vehicular access, circulation and parking on the subject parcel.

Signs erected by the Town of North Smithfield, the State of Rhode Island or the United States of America pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation. Such signs may be illuminated internally or externally.

Signs not exceeding 1 1/2 square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

An announcement board, or changeable sign, no greater than 12 square feet in area, for a church, school or other public or semipublic use. Such signs may be illuminated internally or externally.

Instructional or directional signs identifying on-premises traffic, parking or other functional activity. There shall be no more than one sign for each applicable activity and bearing no commercial advertising. Each sign shall not exceed two square feet in area, and such signs may be illuminated internally or externally.

Accessory signs incidental to a business conducted on the premises indicating hours of operation, credit cards, business affiliation and the like, provided that the total area of all such signs does not exceed three square feet per business or use, and are located on a door or are wall-mounted at or immediately adjacent to a public entrance to the building on the premises.

Digital clocks or time/temperature clocks which contain no advertising, and which do not exceed 15 square feet in area.

Sale of produce raised on the premises signs, not exceeding six square feet in area.

Permanent window signs which do not exceed 30% of the window area.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

Holiday signs and decorations 45 days prior to and 15 days after the specific holiday. The term "holiday" means and includes all federal or state legal holidays and all recognized religious holidays.

Signs customary and necessary to the operation of filling and service stations and automotive fueling areas. The number, area and height of freestanding signs shall be regulated by § 340-4.26 of this chapter.

Temporary signs in accordance with § 340-4.28 of this article.

Billboards or other off-site advertising signs. Off-site directional signs may be permitted only by the granting of a special use permit by the Zoning Board of Review.

Portable signs, including sandwich board signs and trailer signs.

Changeable signs, which change the content or display more frequently than once every two minutes.

Animated, revolving, sparkling or flashing signs, or signs which incorporate intermittent, oscillating, or moving spotlights.

Signs attached to trees, traffic signs, regulating signs, or utility poles, except for signs on private property posting restrictions on hunting or trespassing not exceeding two square feet in area per sign.

Permanent inflatable signs or inflatable objects displayed as a form of advertising.

Roof-mounted signs.

String lights, banners or flags. The use of string lights, banners or flags to attract attention to a business or activity are prohibited. However, such signs associated with public, religious, or charitable organizations are permitted for a period not to exceed 30 days in any calendar year. The use of established governmental flags is permitted, provided the use is consistent with the established standards of display and the intent is not to call attention to the business and activity. Factors that shall be considered by the Building/Zoning Official in making such determination shall include, but not be limited to, the size and quantity of the flags, banners or lights.

Projecting signs which extend over a public sidewalk or public way, without the approval of the Building/Zoning Official.

Any sign that constitutes a hazard to public safety or health, including signs which, because of size, location, or manner of illumination, obstruct the vision of a driver or detract from the effectiveness of traffic control devices, or that impede vision or access to or from public streets, sidewalks or other places or ingress or egress.

One freestanding or wall-mounted sign identifying a permitted home occupation shall be permitted. No such sign shall exceed three square feet in area, nor shall any such sign be illuminated.

Except as noted below for shopping centers, there shall be a maximum of two regulated signs per principal building in any business or manufacturing zoning district. Permitted signs include a maximum of one freestanding sign, which may be two-sided, plus either one wall-mounted, projecting or awning sign.

Where a building fronts two or more streets or access roadways, the total area of signs shall be based on the building's frontage on a given street and as otherwise provided in tables in Subsection D and F below. A maximum of two street frontages may be counted in the calculation of sign area for a single user building located on a corner.

If there is no freestanding sign, there may be a maximum of two wall-mounted, projecting or awning signs, in any combination.

The maximum area per sign of any permitted sign shall be as follows:

Signs in shopping centers; general. In shopping centers, there may be one or more common freestanding signs identifying all uses, plus one or more wall-mounted signs for each business or use, as further specified in Subsection F below.

Wall-mounted signs in shopping centers. The maximum area of wall-mounted signs in shopping centers shall be determined by the distance between the building wall where the sign is to be located and the nearest public street.

Freestanding signs in shopping centers.

Projecting signs shall not exceed six square feet and may only be used in place of permitted wall-mounted or freestanding signs. There shall be a minimum clearance of 10 feet between the ground surface and the lowest part of the sign.

Window signs. Signs which do not exceed 30% of the window area are permitted in addition to any other permitted sign.

Awning or canopy signs. Such signs shall not exceed six square feet area, with a minimum clearance of eight feet over sidewalks and 13 feet over driveways. The sign text shall be only on the vertical portion of the apron which is parallel to the building.

Special events. One sign not to exceed 32 square feet in area denoting a special event of a noncommercial nature, such as fairs, auctions, sporting events, etc. Such signs may be erected not more than 30 days prior to the event and shall be removed within 10 days after the event. Such signs may not be illuminated.

One sign customary and necessary in the offering of real estate for sale or to let by the owner or the owner's licensed broker or agent, which shall not exceed six square feet in residential zoning districts or 20 square feet in nonresidential zoning districts. Signs indicating the property has been sold must be removed within 10 days after the sale is completed.

Temporary signs for subdivisions or other real estate developments (six months renewable, three year maximum), no greater than 32 square feet in area. The wording shall be restricted to the advertising of the sale or lease of the subject property.

Purpose. It is the purpose of this section to regulate only the time, place, size and illumination of political, election and noncommercial free speech signs, and not in any way to regulate the content of such signs.

Such signs shall not be attached to any tree, traffic sign, regulating sign or utility pole or within the public right-of-way.

No such individual sign shall exceed six square feet.

In a residential zone, such signs may be illuminated, but only externally.

Any such sign that pertains to a particular event (such as an election or referendum) or public figure (such as person holding public office) or public policy shall be removed within 10 days after the particular event.

Number. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit.

Measurement of sign area.

Height. The height of a sign shall mean the vertical distance measured from the average ground level at the base of the sign to the highest portion of any portion of the sign or supporting structure.

Illumination. Where permitted by this article, signs may be internally or externally illuminated. Indirect light sources, including light bulbs or tubes, shall be shielded so as not to create glare upon abutting or nearby streets or abutting property. Direct light sources, including signs having internal lighting, shall be designed to either shine through a plastic or other translucent covering, or to create backlighting of individual letters or graphic material. The light source shall be shielded and focused not to extend beyond the sign border.

Setbacks. No freestanding sign shall be placed closer than 10 feet to any lot line.

Permit required. Any person intending to erect, relocate or alter any sign within the Town shall, except as provided in this article, first obtain a sign permit from the Building/Zoning Official or designee. This requirement shall not apply to temporary signs and signs listed in § 340-4.23 herein.

Application. Application for a sign permit shall be made on forms provided by the Building/Zoning Official/Zoning Official and shall contain or shall have attached all the following information:

Fees. Each application for signs shall be accompanied by a filing fee or such other fees as shall from time to time be established by the Town Council.

Review of applications. It shall be the duty of the Building/Zoning Official or designee, upon the receipt of a completed application for a sign permit, to forward such application for review and comment to those departments with the responsibility to do so and to examine such plans, specifications, other data, and if necessary visit the premises upon which the sign is to be located. If it shall appear that the proposed sign is in compliance with all requirements and other Town ordinances, the Building/Zoning Official or designee shall approve the application and issue the permit.

Special flood hazard areas. The special flood hazard areas are herein established as a Floodplain Overlay District. The district includes all special flood hazard areas within the Town of North Smithfield designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Providence County FIRM that are wholly or partially within the Town of North Smithfield are panel number 0065 unprinted, panel numbers 0068, 0069, 0151, 0152, 0155, 0156, 0157, 0160, 0165, 0176 and 0178 dated March 2, 2009, and panel number 0166 dated October 2, 2015. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The Office of the Building/Zoning Official is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building/Zoning Official, Conservation Commission and Tax Assessor.

Administrative provisions.

In a riverine situation, the Building/Zoning Official shall notify the following of any alteration or relocation of a watercourse:

The carrying capacity of the altered or relocated watercourse shall be maintained.

Reference to existing regulations.

Other use regulations.

Base flood elevation and floodway data.

There is hereby established a Water Supply Protection Overlay District (WSPD), which shall be the area defined as those Assessor's lots which are indicated as the WSPD on the Official Zoning Map of the Town of North Smithfield. The WSPD is an overlay district superimposed over the existing underlying zoning districts established by this chapter. The regulations imposed by the WSPD shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed by the WSPD and those established by the underlying zoning district, the regulations imposed by the WSPD shall prevail.

The regulations herein governing the development and use of lands within the Water Supply Protection Overlay District aquifers shall take precedence over any other conflicting laws, ordinance, or codes, and are established for the following purposes:

The Water Supply Protection Overlay District (the "WSPD") shall apply to those areas so designated on the Official Zoning Map that is part of this chapter and on file at the Town Clerk's office and on display in the Building Inspector's office.

The map of the Water Supply Overlay District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries. The boundaries of the water supply basin include sub-watersheds of the Blackstone Watershed, a drinking water sub-watershed of the Peters River to mouth area known as the "Crookfall Brook Watershed." The primary groundwater protection areas were delineated by the RIDEM pursuant to the methodology described in the Groundwater Quality Rules, June 2010, and amendments thereto.

The Crookfall Brook Watershed encompasses and is home to the City of Woonsocket public drinking water natural resource. Accordingly, the City of Woonsocket, Town of Lincoln, and Town of Smithfield shall be notified regarding projects within the Crookfall Brook Watershed. Projects falling within the GAA area in the northern part of North Smithfield shall require notice to the Towns of Uxbridge, Millville, and Blackstone, Massachusetts.

Overlay zones were determined using an analytical model for delineation from RIDEM [specifically the United States Geological Survey 7.5-minute quadrangle maps (1:24,000 scale)]. All district boundaries may be revised based upon improved data and delineations provided by RIDEM through amendments to Groundwater Quality Rules and RIGIS updates.

The requirements of this overlay district shall apply only to the property included within the district boundaries, regardless of the location of lot lines or zoning district lines, unless otherwise specifically provided.

The purpose of the development plan review of uses in the Water Supply Protection Overlay District is to ensure all changes in the nature and intensity of land use are designed and constructed in a way to minimize on the aquifer.

Development plan review (DPR) under this section shall be required for the following:

The approval authority under this Water Supply Protection Overlay District shall be the Planning Board as a land development project (LDP) subject to development plan review (DPR) in accordance with Part 6 of this chapter. Such DPR shall only be approved if the Planning Board (Board) determines that the intent of this chapter and each of its specific criteria are fully met. In making such determination, the Board shall consider the demonstrated reliability and feasibility of the use and pollution control measures proposed and the degree of threat to water quantity and quality which would result if the control measures performed at less than design efficiency. In addition, the Board shall take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a total maximum daily load is written or under development for it, or it is included on RIDEM'S 303(d) list, or is included on RIDEM'S list of Special Resource Protection Waters (Appendix D of the Water Quality Regulations) or has been noted by the Town Council or the Comprehensive Plan to be a critical resource of special concern. The Board may impose such conditions, safeguards, and limitations as it deems appropriate. The Board shall document the basis for any departures from the recommendations of other Town boards or agencies in its decisions.

Any use or accessory use which is not a permitted use as contained in § 340-3.4, District Use Regulations Table, or is not authorized by special use permit in the underlying municipal zoning district shall be classified as a prohibited use.

Contaminants of concern shall be regulated as health standards become available by RIDEM and EPA.

Any uses identified by RIDEM in Groundwater Quality Rules (250-RICR-150-05-3), Active Rule and as amended.

Any lawfully established use in effect prior to the adoption of this article on December 18, 2023, may be exempt from the DPR review requirements contained in this Article XV, Water Supply Protection Overlay District, subject to the following criteria:

Detached single-family and two-family dwellings and associated accessory uses shall be exempt from the DPR review requirements contained in this Article XV, Water Supply Protection Overlay District.

Expert testimony. At the request of the Planning Board, and in compliance with R.I.G.L. § 45-23-58, Administrative fees, the Planning Board may, in order to provide for adequate review and hearing of applications, engage a professional civil engineer, hydrologist, geologist, soil scientist, or other appropriate professional for outside expertise, in an amount not to exceed the actual costs incurred, to be paid by the applicant, to provide findings and recommendations, including a statement of general consistency of the application with the goals and purposes of this article. Said findings shall be provided to the Planning Board and the applicant and shall be a public document available for review in the Planning Office.

Application contents. In addition to the requirements of the North Smithfield Zoning Ordinance, including submission materials contained in § 340-6.4, Application contents,[1] and all applicable state and federal requirements, the following requirements will apply:

Review by other Town boards or agencies. Upon receipt of the application, the Planning Office shall transmit forthwith a copy of the application to the Conservation Commission, Town personnel, and other such boards or agencies as it may deem necessary or appropriate for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as they may deem appropriate and shall send a copy thereof to the Planning Board and the applicant within 30 days of receipt of the application by such board or agency. Failure to make a written recommendation or submit a written report within a 30-day period shall be deemed a lack of opposition.

Approval criteria. After notice and public hearing, and after due consideration of the reports and recommendations of other Town personnel, boards and agencies, the Planning Board may grant approval if it finds the proposed use has met the following criteria, which includes but is not limited to:

At a minimum, the following design and operation guidelines shall be observed within the Water Supply Protection Overlay District:

All facilities constructed in accordance with this section shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities shall constitute a violation of this article and is subject to enforcement action by the Town.

Enforcement. It is the intent of this article that all questions of interpretation and enforcement shall first be presented to the Zoning Enforcement Officer and that all questions shall be presented to the Zoning Board of Review only on an appeal from the Officer. Interpretation, enforcement, and appeals shall be conducted in compliance with § 340-5.18 of this chapter.

Violations. Written notice, via certified mail, of any violation of this article shall be given by the Officer to the responsible person within 48 hours of confirmation of the violation, specifying the requirement or restriction violated, the actions necessary to remove or remedy the violations, preventive measures required for avoiding future violations and a schedule of compliance. The costs of containment, cleanup, or other action of compliance shall be borne by the owner or operator of the premises.

Penalties. Violations of this section shall be subject to the penalties and actions as prescribed in § 340-5.34, Violations and penalties, of this chapter.

Fee schedule. A schedule of fees, charges, expenses, and penalty fees shall be established in conformation with § 340-5.30 of this chapter.

To protect natural resources, including but not limited to those areas containing woodlands, unique or specimen vegetation, streams, floodplains, wetlands, aquifers to their recharge areas, agricultural lands, wellheads and vernal pools, by setting them aside from development;

To preserve cultural, historical and archaeological resources;

To protect recreational resources;

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including wastewater disposal systems and wells, and to reduce length of roads, utility runs, and the amount of paving required for residential development;

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences so that the population diversity of the community may be maintained;

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan;

To provide reasonable incentives for the creation of a contiguous greenway system within the Town;

To implement adopted land use, transportation and community service policies as set forth in the Comprehensive Plan;

To protect areas of the Town with productive agricultural soils to encourage continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of Town open space, and with a strong neighborhood identity;

To provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;

To conserve and create scenic views, to protect views along scenic roadways, and, where appropriate, to preserve the rural character of the Town; and

To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

In accordance with the procedure set forth in the Land Development and Subdivision Regulations, the Planning Board may allow a land development project or subdivision to be developed as a conservation development only in the following Zoning Districts: RU-20, RS-40, RA-65 and REA-120.

Conservation developments shall only be allowed when specifically requested in writing by the applicant. The Planning Board cannot require an applicant to develop a conservation development.

The applicant shall provide at the preapplication stage of review (for major) or informal concept review stage (for minor), two alternative plans for the proposed development as follows:

At this initial stage of review, the Planning Board shall determine if a conservation development is consistent with the purposes of the Land Development and Subdivision Regulations, and with the purposes of conservation developments set forth in § 340-4.49 herein. Based on this determination, the Planning Board may permit the applicant to proceed with a conservation development. If the Planning Board determines that the conservation development alternative is not consistent with the purposes of § 340-4.49, the Board may reject the conservation development and require the applicant to proceed with a conventional subdivision.

The applicant shall then submit plan(s) for the development preferred by the Planning Board in Subsection D above. Plans shall be submitted at the master plan stage of review (major) or preliminary stage of review (minor) in accordance with the procedures and requirements of the Land Development and Subdivision Regulations. Nothing herein shall prevent an applicant from requesting an additional preapplication meeting or informal concept review.

Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development are not eligible to be developed as a conservation development.

In RU-20 Zoning Districts, all conservation developments shall provide public water and sewer service. Privately owned wells and/or sewage treatment systems and/or individual sewage disposal systems (ISDS) for individual lots in a conservation development shall not be allowed in RU-20 Zoning Districts.

Application for all conservation development projects shall be made in accordance with the procedures of the Town's Land Development and Subdivision Regulations.

The following residential uses are permitted as a principal use (Y) in a conservation development:

Accessory uses customarily incidental to a use permitted in the district and located on the same site are permitted by right.

The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management and agricultural purposes.

The open space shall be established as a lot or lots separate and distinct from the lot or lots intended for residential and accessory uses, and from land dedicated as street rights-of-way.

The minimum amount of required open space shall be based on a percentage of the land suitable for development in the entire conservation development as provided in the table below. Land deemed unsuitable for development as defined in § 340-3.5A of this chapter shall not count towards the minimum required open space area.

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

Any nonresidential use proposed as part of an adaptive reuse project shall comply with the provisions of Chapter 340, Part 3, Article V, and the District Use Regulations Table for the zoning district in which the structure is located.

An adaptive reuse development shall include at least 50% of the existing gross floor area developed into residential units; and

Prohibitions:

Building envelope. The development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.

Parking. The development shall provide one off-street parking space for the first two bedrooms of any dwelling unit and shall require one off-street parking space for any additional bedroom beyond the second bedroom in any dwelling unit. All nonresidential uses shall be required to comply with the parking requirements contained in Chapter 340, Part 4, Article XII. The parking requirements and design standards contained in Chapter 340, Part 4, Article XII, shall apply to all uses proposed as part of the project unless otherwise approved by the Planning Board.

Existing setbacks. Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the Planning Board by issuance of a dimensional variance as part of a Unified Development Review.

Height. For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.

Adaptive reuse projects shall be subject to the procedural and submission requirements of Chapter 340, Parts 5 and 6, and undergo development plan review.

In addition to the application contents contained in §§ 340-6.4 through 340-6.7, the applicant shall provide the following information:

This article shall apply to all subdivisions and land development projects resulting in the net addition of six or more housing units.

Inclusionary zoning requirements shall not be applied where there is a limitation on the development density at the subject property under the regulations of a state agency, such as the coastal resources management council or department of environmental management that prevents the use of the density bonus set forth in this section.

The Town shall not limit the number of bedrooms for applications submitted under this section to anything less than three bedrooms per dwelling unit for single-family dwelling units.

For all applicable projects, at least 20% of the units within the project must qualify as affordable housing, as defined by the Town of North Smithfield's Zoning Ordinance, Part II, § 108-2, Definitions.

Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.

A Town approved monitoring service agreement with Rhode Island Housing or a Rhode Island Housing approved monitoring agent.

The affordable units shall remain affordable for a period of not less than 30 years from initial occupancy enforced through a land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island.

Density bonus. The number of housing units allowable on the site or sites involved shall be increased to one market rate unit for each affordable unit, and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by the amount necessary to accommodate the development.

Permitted use. Notwithstanding any other provisions of this chapter, an accessory dwelling unit ("ADU") that meets the requirements of R.I.G.L §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU which meets the requirements of R.I.G.L. §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

Eligibility. One ADU per lot is allowed under the following circumstances:

Dimensional requirements.

Use standards.

Procedural requirements.

Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25% of the housing is low-or moderate-income housing.

Density bonus. The Town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights of way of record.

Parking. For comprehensive permit applications, one off-street parking space per dwelling unit is required for units up to and including two bedrooms. A minimum of two off-street parking spaces shall be required for units in excess of two bedrooms.

Bedrooms. The bedroom count of units for a comprehensive permit is not limited to any count, less than three bedrooms for single-family dwelling units.

Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by R.I.G.L. § 45-24.3-11.

The application and review process for a comprehensive permit shall be as follows:

Preliminary plan.

Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the Planning Board's discretion, it may vote to require the applicant to return for final plan review and approval.

Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing process as originally required as part of the application.

Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in R.I.G.L. § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.