Whereas, the town council of the town is empowered by G.L. 1956, §§ 45-24-27 through 45-24-72, also known as the "Rhode Island Zoning Enabling Act of 1991," to adopt, modify, amend, repeal, administer and enforce a zoning ordinance, in order to establish and enforce standards and procedures for the proper management and protection of land, air, and water as natural resources, to employ contemporary concepts, methods, and criteria in regulating the type, intensity, and arrangement of land uses, and to employ new concepts as they may become available and feasible; and

Whereas, the town council deems it necessary for the purpose of promoting the public health, safety and general welfare to enact such an ordinance; and

Whereas, proper referral of such an ordinance has been made to the Planning Board of the Town of South Kingstown, which has duly given its findings and recommendations to the town council; and

Whereas, written notice has been sent to the clerks of all adjacent towns, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration; and

Whereas, the town council has given due public notice of a hearing upon the question of adoption of such an ordinance, and has held such public hearing; and

Whereas, the zoning districts and regulations set forth in this zoning ordinance are made in accordance with the Comprehensive Community Plan of the Town of South Kingstown, adopted on July 17, 1992, as amended, and prepared in accordance with G.L. 1956, Tit. 45, Ch. 22.2; and

Whereas, such an ordinance is designed to:

A.

Promote safety from fire, flood and other natural or man made disasters;

B.

Provide 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;

C.

Promote the establishment of population densities and concentrations that will contribute to the well being of persons, families and neighborhoods, and to prevent the overcrowding of land;

D.

Promote 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 and opportunities for the establishment of low and moderate income housing;

E.

Provide for a range of uses and intensities of use appropriate to the character of the town and reflecting current and expected future needs;

F.

Provide for the protection of the natural, historic, cultural, and scenic character of the town or areas therein;

G.

Manage the development of neighborhoods based on current environmental design standards;

H.

Provide for orderly growth and development which recognizes:

1.

The goals and patterns of land use contained in the comprehensive community plan of the town adopted on July 17, 1992, as amended, pursuant to G.L. Tit. 45, Ch. 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.

I.

Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation;

J.

Provide for the preservation and promotion of agricultural production, forestation, silviculture, aquaculture, timber resources, and open space;

K.

Promote a high level of quality in design in the development of private and public facilities;

L.

Promote implementation of the comprehensive plan of the town, as amended;

M.

Provide 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 that municipality;

N.

Provide for efficient review of development proposals, to clarify and expedite the zoning approval process;

O.

Provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, and special use permits.

P.

Provide opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Individuals with Handicaps Act, and the United States Americans with Disabilities Act of 1990 (ADA).

Now therefore, the town council of the Town of South Kingstown hereby ordains the repeal of all prior zoning ordinances of the town and establishes this ordinance as the zoning ordinance of the town.

For the purpose of this ordinance, the town is hereby divided into twenty-two (22) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

A.

Residential.

R200 - Rural Very Low Density District. This district allows a residential density of up to two-tenths (0.2) dwellings per acre. The minimum lot size for single-household detached dwellings is two hundred thousand (200,000) square feet. The primary purpose of this district is to provide protection to sensitive environmental resources, such as groundwater reservoirs and recharge areas, immediately adjacent thereto; and coastal pond watersheds. It provides a residential density low enough to discourage the conversion of open lands and farmlands to more intensive use, while still allowing reasonable economic use of the land. It also includes privately-owned open spaces, freshwater wetlands, coastal features such as beaches and salt marshes, and farmlands. Public water service may be provided, but public sewers are discouraged in favor of waste water management districts and water conservation practices. This district also includes open space, conservation lands and land unsuitable for development. Portions of this district are within the High Flood Danger (HFD) Overlay District.

R80 - Rural Residential Low Density District. This district allows a residential density up to fifty-five-hundredths (0.55) dwellings per acre. The minimum lot size for single-household detached dwellings is eighty thousand (80,000) square feet. These are primarily rural areas which are not served by public facilities, and in which intensive development should not occur. They are characterized by low-density residential development, large estates, agriculture and certain low intensity nonresidential activities incidental to a rural environment. Public water service may be provided, but public sewers are discouraged in favor of waste water management districts and water conservation practices. This district may also include open space, conservation lands and land unsuitable for development. Portions of this district are within the High Flood Danger (HFD) Overlay District.

R40 - Medium Density Residential District. This district allows a residential density of up to one (1) dwelling per acre. The minimum lot size for single-household detached dwellings is forty thousand (40,000) square feet. Residential compounds will be the preferred type of residential development because they have low visual and environmental impact and fit the rural landscape. This district presently includes large estates, farms and large single-household residential lots, and the character of these lands should be maintained. Any intensive development here is not recommended. However, if major subdivision activity is proposed, cluster zoning techniques should be encouraged. Public water and public sewer service may be available but are not required. In addition, topographic and soil conditions in some portions of this district make large-scale development impractical. These areas may be environmentally sensitive and may contain much of the town's wetlands and prime agricultural areas.

R30 - Medium Density Residential District. This district allows a residential density of up to one and forty-five-hundredths (1.45) dwelling units per acre. Single-household detached units will be the predominant type of housing, although duplexes will be allowed by special use permit. Residential cluster developments should be considered for major subdivision proposals in this district. The lot sizes for single-household detached dwellings is thirty thousand (30,000) square feet. Water service generally is available to this district, or could easily be provided. While public sewers presently serve some of this district, public sewers should not be considered for the outlying villages as designated on the Land Use Plan, except for Middlebridge and the industrially zoned area of West Kingston.

R20 - Medium High Density Residential District. This district allows a residential density of up to two and two-tenths (2.2) dwelling units per acre. The lot sizes for single-household detached dwellings is twenty thousand (20,000) square feet. This district reflects the amount and type of development that already has taken place, as well as areas into which future expansion would be appropriate. These areas should be considered a high priority for the provision of public water and sewer service and for general infrastructure upgrading. However, public sewer service in Matunuck, and Snug Harbor is not recommended. A waste water management approach for these areas is preferred. Mixed uses historically have developed and should be permitted to continue and to expand subject to strict environmental controls. A neighborhood center/village district approach should be taken for additional development in this district. Special care in site planning must be taken. However, such patterns of residential development can be economically and environmentally sound. While the population density may be high, the existing physical development is varied and extensive. Shopping districts, personal services, community facilities, and public water and sewer generally are available and convenient and support local residents as well as the region. This district is highly accessible and served by a well-developed network of roads and public transit.

R10 - Medium High Density Residential District. This district allows a residential density of up to four and thirty-five-hundredths (4.35) dwelling units per acre. The lot sizes for single-household detached dwellings is ten thousand (10,000) square feet. This is a high-density residential area with public water and is expected to be served by the sewer system. Selected public and semipublic uses are allowed in this district.

RM - Residential Multi-Household District. This district allows an average residential density greater than four and thirty-five-hundredths (4.35), but less than seven and seventy-one-hundredths (7.71) dwelling units per acre and is intended to provide areas within the town for multi-household housing. This district is suitable for most types of apartment and condominium projects and individual multi-unit buildings. Duplexes are also permitted. This area is also suitable for single-household residential dwellings on lots having a minimum area of ten thousand (10,000) square feet. Public water and sewer service should be provided to these areas.

B.

Commercial.

CN - Commercial Neighborhood. This district provides small-scale retail establishments designed to provide local business service to residential neighborhoods throughout the town. This district includes mixed uses within specially designed retail areas which include office uses and specific public and semi-public uses with single and multi-household residential development under special conditions, all of which must meet certain design and site planning requirements.

CN-M - Commercial Neighborhood - Matunuck. This district represents a portion of the commercial area within Matunuck that allows for small-scale retail establishments designed to provide local business service to residential neighborhoods within the village. This district recognizes Matunuck's unique characteristics and rich history and aims to allow for compatible land uses that complement its diversity while preserving its cultural importance and integrity.

CD - Commercial Downtown. This is the central business district of the town which developed along Wakefield's Main Street and adjacent side streets, from approximately Belmont Avenue to Holley Street and in the central portion of Peace Dale. The CD district is characterized by buildings with little or no setback requirements or off-street parking, a mix of land uses, and a pedestrian scale. Numerous historic structures exist as well as new buildings and reconstructed properties. It is important for this district to maintain its historic qualities and "Main Street" character. It includes small-scale retail centers designed to provide local business service to the town. The primary uses in this district are neighborhood retail, commercial offices, restaurant and entertainment, and may include residential uses. Excluded are commercial repairing, open lot sales, wholesale and storage uses, and uses primarily oriented toward the automobile.

CH - Commercial Highway. This district represents an orientation toward the automobile, with sufficient off-street parking areas and direct traffic access to major highways. The predominant pattern is the shopping center, where several individual stores are planned and owned as a unit on the same parcel of land, but also may include many individual single-unit buildings and uses as well. Such retail uses as gas stations, fast food establishments and the larger supermarkets predominate in shopping centers. Also included are such uses as repairing, open lot sales, wholesale business, storage, etc. These uses are subject to performance standards. It is intended that this zone permits and encourages revitalization and intensification so that the areas so zoned are used to their peak potential. Provision of public water in the future may be permitted, particularly if area wells become contaminated, but such water line extensions should not be used to justify commercial expansion. Residential development is excluded from these areas.

CW - Commercial Waterfront. This district recognizes the use of the waterfront areas of the town for such marine-oriented businesses as marinas, fishing, marine services, and commercial docks.

MU - Mixed Use. These are zoning districts established within the Kingstown Road Special Management District in order to provide a mixture of residential and limited commercial uses as provided in the comprehensive community plan.

COD-R/MOD-R - Cannabis and Marijuana Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items and marijuana and marijuana related items may occur per section 504.15.

C.

Industrial.

Ind-1 - Industrial One. This district is intended to permit manufacturing, wholesale storage and distribution activities within existing manufacturing areas in West Kingston, existing mills in Wakefield and Peace Dale, and new locations for such activities, as follows:

Wakefield/Peace Dale - Industrial operations permitted within these districts may include manufacturing and wholesale storage and distribution facilities. These areas are intended to recognize the existing mills and other industrial areas in Peace Dale and Wakefield around which the town's economy historically has developed and also to provide for new locations without significant environmental constraints. However, a high level of environmental protection also must be enforced in these areas to avoid any degradation of existing natural resources. Public water and sewer service is mandatory for these areas. Any industry or process which would create environmental hazards or generate significant quantities of hazardous waste or pollutants is prohibited. This district may also permit, subject to development plan review as applicable, Use Code 21, Higher Educational Institution, Privately Owned and Operated, and Use Code 21.1, Higher Educational Institution, State Owned and Operated, as an accessory use to permitted primary uses.

West Kingston - The Ind-1 Zoning district covers the existing manufacturing district located in West Kingston. This is an area with environmental limitations but already has been developed as a significant area of light manufacturing, wholesale operations and storage facilities. This area is not to be used for any activity which would constitute a threat to either ground or surface waters or adjacent wetlands. It will be limited to clean operations which do not generate significant quantities of waste water and which are not water intensive. The provisions of the Groundwater Protection Overlay District will apply to this area. Public water and sewer service may be provided to these areas. This district may also permit, subject to development plan review as applicable, Use Code 21 Higher Educational Institution, Privately Owned and Operated, and Use Code 21.1 Higher Educational Institution, State Owned and Operated, as an accessory use to permitted primary uses.

Ind-2 - Industrial Two. This district is established to cover proposed activities designated on the west side of Rose Hill Road and is created to provide for certain businesses and/or industrial operations that do not require traditional industrial park or commercial district locations. Such uses exhibit characteristics of both industrial operations as well as retail or wholesale business uses. They include automotive-related repair and service, outdoor yard storage, warehousing, multi-purpose trade centers, wholesale and retail sales of landscape and building materials and the like. Extractive operations, including the storage of sand and gravel would be permitted, but processing of these materials from either on site or off site sources, or the manufacture of concrete or asphalt and similar operations would be prohibited. Industries should be well screened from adjacent public streets and buffered from surrounding residential uses. Public water and sewer service is not a prerequisite but may be provided.

Ind-3 - Industrial Three. This district is established to cover the existing manufacturing zone on the west side of North Road in Peace Dale. Permitted uses would include extractive operations and processing of sand and gravel, and the manufacture of asphalt and concrete and related products. Public water and sewer may be provided to these areas but is not required.

COD/MOD-CMT - Cannabis Overlay District and Marijuana Overlay District—Cultivation/Manufacturing/Testing. This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per Section 504.15.

COD/MOD-MT - Cannabis Overlay District and Marijuana Overlay District—Manufacturing/Testing. This zoning overlay district identifies areas where the manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per section 504.15.

D.

Government and Institutional.

GI - Government and Institutional. This district includes land holdings of the town, state and federal governments or their agencies, major semi-public institutions, fire districts, and land designated under CERCLA. It also includes land of the University of Rhode Island, the largest institution in the town, and South County Hospital. The purpose of this district is to recognize the extent of public and semi-public land holdings and to provide guidance to utilization of these lands should they be sold or otherwise transferred to private ownership. Any significant use of land in the areas shown within this district for proprietary purposes or uses by nongovernmental entities, other than health care institutions, shall require rezoning to an appropriate zoning district.

OS - Open Space, Conservation and Recreation. This district includes properties owned by the town, state or federal government, and are presently used for such public recreation or conservation purposes as the Great Swamp Management Area or town-owned parks. It also includes quasi-public or privately-owned land where development rights have been conveyed or for which there is a reasonable expectation of long-term use for open space, conservation or recreation, such as Audubon Society or Nature Conservancy lands. Certain limited residential, recreational, agricultural and educational uses are permitted.

GI-1 - Government and Institutional-1. This district includes land holdings of the town and/or land holdings of a land trust. The purpose of this district is to recognize the extent of public holdings and preservation entities (i.e., land trusts) and to provide guidance to utilization of these lands. Any significant use of land in the areas shown within this district for proprietary purposes or uses by nongovernmental entities, other than the town or a land trust as established under Rhode Island Law, shall require rezoning to an appropriate zoning district.

(Ord. of 7-25-16; Ord. of 3-13-23(2); Ord. of 10-23-23(1); Ord. of 10-23-23(2); Ord. of 1-13-25(2))

These are districts that are superimposed on existing zoning district(s) or part of a district, and impose specified requirements in addition to, but not less than, those otherwise applicable for the underlying district(s).

A.

Historic Overlay District. This overlay district includes an area within the Village of Kingston designated as a Historic District and is on the National Register of Historic Places. It is covered by special zoning restrictions which apply to all structural exterior building changes, street or traffic improvements, landscaping, erection of signs, and removal of trees.

B.

Special Flood Hazard Area Overlay District. The Special Flood Hazard Area Overlay District contains flood zones regulated by the Federal Emergency Management Agency as Special Flood Hazard Areas (SFHAs), including floodways, coastal high hazard areas, and areas adjacent to flood zones. The purpose of the SFHA Overlay District is to protect the public health, safety, and general welfare in areas subject to recurrent and dynamic flooding events, which present serious hazards to the residents of South Kingstown, by regulating the development and alteration of structures within SFHAs.

C.

Groundwater Protection Overlay District. This is an overlay district which is superimposed over any other zoning district in order to provide additional controls to protect groundwater and interrelated surface water resources.

D.

Kingstown Road Special Management District. The Kingstown Road Special Management District is located along Route 108, between Peace Dale and Kingston. Its purpose is to prevent the formation of a linear commercial strip in favor of mixed use development that permits limited commercial uses, service establishments and residential uses, as described in the comprehensive plan.

E.

Route 1 Special Management District. This area is designated for new or expanded light industrial, commercial or mixed-use zoning to include lands on the west and east side of Route 1 as described in the comprehensive community plan. The area may be serviced by public water and sewer service.

F.

Carrying Capacity Overlay (CCO) District. This overlay district includes areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated November 27, 1984, including the September 1993 addenda and subsequent amendments thereto and areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "The Narrow River Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated December 8, 1986, and subsequent amendments thereto.

G.

Coastal Community Overlay District. This overlay district, established per G.L. 1956, § 45-24-31, affects "campground" facilities along the town's south shore area in the Villages of Matunuck and East Matunuck. The overlay district provides additional land use controls and administrative allowances to manage and limit changes to these legal non-conforming uses of land as detailed in article 6, section 608 of this ordinance (see also article 2, Nonconformance).

H.

Coastal Resiliency Overlay District. The Coastal Resiliency (CR) Overlay District contains the land area depicted on CRMC Design Elevation Maps as being vulnerable to storm surge during a 100-year storm event plus 5-feet of sea level rise (SLR) that lie outside of the FEMA SFHAs. The CRMC Design Elevation Maps allow municipalities and property owners to plan for the effects of future SLR combined with impacts from storm surge, coastal erosion, and wave conditions. The purpose of the CR Overlay District is to protect the public health, safety, and general welfare by promoting resiliency in areas that are anticipated to be subject to recurrent and dynamic flooding events, which present serious hazards to the residents of South Kingstown.

(Ord. of 9-26-16(1); Ord. of 2-25-19(1); Ord. of 7-22-19(1); Ord. of 9-14-20(1))

The town is hereby divided into zoning districts, hereinafter sometimes referred to as zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The official zoning map of the town shall consist of two hundred forty-nine (249) plat maps which together with all zoning districts and overlay zoning districts shown thereon, shall be the official zoning map. The official zoning map shall be maintained by the town clerk.

The official zoning map shall be identified by the signature of the president of the town council, in office at the time of adoption, attested by the town clerk and bearing the seal of the town.

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

A.

Boundaries.

1.

Where zoning districts (except overlay districts) are separated by highways, streets, alleys, railroad, water courses or bodies of water, the boundaries of said zoning districts shall be construed to be the center line or middle of said highway, street, alley, railroad, water course or body of water.

2.

Boundaries shown as approximately following lot lines shall be construed as following such lot lines.

3.

Boundaries shown as following shore lines shall be construed to follow such shore lines, and in event of change in shore line shall be construed as moving with the actual shore lines as defined by the mean high water mark.

4.

Boundaries indicated as parallel to or extensions of natural or manmade features shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

5.

Boundaries shown as following physical features, or culturally and historically significant features, shall be construed to follow such features.

B.

Interpretation. For any other circumstances not covered by the above subsections, the zoning enforcement officer shall interpret the zoning district boundaries.