The status of the uses listed in the following zoning district use tables are indicated by symbols appearing under the appropriate column headings. The interpretation of the symbols is as follows:

Planned Development Park: Uses allowed in the Planned Development Park floating zone are subject to the requirements of Article IV, § 19, as well as performance standards in Article VI, § 10, and special use standards of Article XVI, § 5, where applicable. Where there is a conflict between the dimensional or performance standards, the dimensional or performance standards, govern.

Watershed Protection Overlay District: Uses allowed in the Watershed Protection Overlay District are subject to the requirements of Article VIII, as well as performance standards in Article VI, § 10, and special use standards of Article XVI, § 5, where applicable. Where there is a conflict between the standards, the standards of Article VIII, govern.

The "Notes" column is only provided as a courtesy, it does not exclude application of other provisions of the Town of Tiverton Code of Ordinances or the General Laws of the State of Rhode Island.

(Ord. of 6-4-01(3); Ord. of 3-24-08(2); Ord. of 11-30-23(2); Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0012, § 2, 8-12-25)

(Ord. of 6-4-01(3); Ord. of 11-24-03; Ord. of 3-24-08(2); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 4-11-16; Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2024-0013, 9-9-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 7-24-23(1); Ord. of 11-30-23(2); Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 3-25-02; Ord. of 3-22-04; Ord. of 3-24-08(3); Ord. of 4-11-16; Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

(Ord. of 6-4-01(3); Ord. of 11-30-23(2); Ord. No. 2024-0009, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25; Ord. No. 2025-0012, § 2, 8-12-25)

(Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 4, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

Editor's note— Ord. No. 2025-0006, § 2, adopted April 21, 2025, renumbered existing § 13A to § 14 as herein set out in the above provisions. Subsequently the remaining existing §§ 14 through 21 of Art. IV have been renumbered as §§ 15 to 22 accordingly, with the consent of the town.

a.

An accessory use which is clearly incidental and secondary to the principal permitted use of the premises or structure shall be allowed, provided, however, that such accessory use shall be located on the premises to which it applies, and shall not be detrimental to or impair adjacent properties or the neighborhood.

b.

Where a principal use is allowed by special use permit, an accessory use which is clearly incidental and secondary to the principal use shall be allowed by special use permit, provided that such accessory use shall be located on the premises to which it applies, and shall not be detrimental to or impair adjacent properties or the neighborhood.

(Ord. No. 2025-0006, § 2, 4-21-25)

Uses not listed or not generally provided for in the zoning district use table shall not be permitted anywhere in the Town of Tiverton. Additionally, the following specific uses shall not be permitted within the Town of Tiverton:

a.

Loam stripping, for the purposes of removal off-site.

b.

Offal or dead animal dumping.

c.

Any industrial use which is obnoxious by reason of the emission of odors, gases, dust, noise or vibration or by reason of danger of fire or explosion or of hazards to health; see article XIII for standards and enforcement.

d.

Manufactured (mobile) home parks, or mobile home/trailer park.

e.

The installation of underground storage tanks, including underground pipes connected thereto, which are used to contain an accumulation of petroleum product (gasoline, No. 1 or No. 2 fuel oil, No. 1 or No. 2-D diesel oil, waste oil or gasohol) or hazardous material, and the volume of which, including the volume of the underground pipes, is ten percent or more beneath the surface of the ground, in all residential zoning districts or in any other district where its purpose is to serve a residential or farm dwelling. This prohibition does not apply to storage tanks located in an underground area such as a basement or cellar, if the tank is situated upon or above the surface of the floor. In addition, this prohibition does not apply to underground storage tanks containing propane; those tanks are specifically permitted as buried tanks.

f.

Incinerators or hazardous waste management facilities.

g.

Concrete manufacturing plants.

h.

Bituminous concrete manufacturing plants.

i.

Petroleum refining and related.

j.

Drive-in theater.

k.

Junkyard or storage of unregistered vehicles.

l.

Open lot storage of junk, scrap, salvage materials, construction equipment and/or materials not associated with a wholesale business (see section 12.b), as determined by the building official/zoning officer, and as defined: Junk: Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.

A public utility, (i.e., gas, electric, sewer, or water company or similar entity) may be allowed to temporarily store non-hazardous materials and limited construction equipment associated with an active and formally permitted utility project in the following zones only on lots of three (3) or more acres: highway commercial, industrial and planned development park, and general commercial upon approval by the town council for a period not to exceed (18) eighteen consecutive months, which may be extended by the town council for an additional (18) months. No such approval shall be given except by a written finding by the building official that the temporary storage of material and limited construction equipment will:

(1)

Not interfere with or be detrimental to the surrounding area or neighborhood.

(2)

No other suitable area is available and/or closer to the permitted utility project.

(3)

The public interest and welfare will be served by the utility project.

(4)

Adequate measures related to safety, traffic, and erosion control have been demonstrated by the public utility, and

Within sixty (60) days of the completion of the permitted utility project, the public utility shall remove all material and equipment, and restore the parcel to its pre-use condition. For good cause shown, the building official may extend the time for removal and or remediation, but in no event shall an extension be granted for a period to exceed an additional (60) days.

m.

Quarrying of or mining for sand, gravel, rocks or minerals.

n.

Mobile homes as dwellings in all zoning districts.

o.

Crematorium.

p.

Billboard.

q.

Brewery.

r.

Campground.

s.

Distillery.

t.

Dry cleaning or Laundromat that processes on-site.

u.

Electric vehicle charging station, commercial.

v.

Golf course or golf club.

w.

Hookah lounge/bar.

x.

Manufacturing, except as regulated herein.

y.

Motorcross/all-terrain vehicle venue for driving, racing and/or instruction.

z.

Motor freight terminal.

aa.

Nuclear power station.

bb.

Pawn shop.

cc.

Payday loan shop.

dd.

Primary manufacture or storage of ammonia, bleach (chlorine), acetylene gas.

ee.

Private beach.

ff.

Production of rubber, glue or asphalt.

gg.

Pulp mill.

hh.

Self-service car wash.

ii.

Sewage treatment or solid waste disposal facility.

jj.

Smelter, blast furnace, blooming mill.

kk.

Tent or recreational vehicle (RV) camp.

ll.

Transient trailer park.

mm.

Wind turbine.

nn.

Recycling center.

(Ord. of 6-4-01(3); Ord. of 4-10-06; Ord. of 10-10-06(1); Ord. of 7-24-23(1); Ord. No. 2024-0007, 6-24-24; Ord. No. 2024-0012, 9-9-24; Ord. No. 2025-0001, § 5, 2-24-25; Ord. No. 2025-0006, § 2, 4-21-25)

a.

Purpose. The purpose of this section is to provide for the construction, erection, placement and regulation of manufactured homes for residents in a self-contained retirement community expressly for and specifically limited to the use and residency by elderly persons, which such retirement community shall be no less than 30 contiguous acres in size and shall be reviewed as a major land development in accordance with the land development and subdivision regulations for the town and approved by the town planning board.

b.

Definitions.

(1)

Manufactured home elderly community: A self-contained retirement community expressly for and specifically limited to use and residency by persons 55 years of age or older in accordance with state and federal regulations. Such retirement community shall have both municipal water and sewerage, comport with the density calculations as set forth in section 3 of article V herein and be constructed on no less than 30 contiguous acres of land and at all times held under single ownership.

(2)

Manufactured home assigned area: A parcel of land for the placement of a single manufactured home for the exclusive use of its occupants.

(3)

Trailer: The following for the purposes of these regulations shall be considered a trailer and not permitted in or within a manufactured home elderly community.

a)

Travel trailer: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, or vacation, having a body width not exceeding eight feet, and a body length not to exceed 32 feet.

b)

Pick-up coach: A structure to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, or vacation.

c)

Motor home: A portable, temporary dwelling to be used for travel, recreation, or vacation, constructed as an integral part of a self-propelled vehicle.

d)

Camping trailer: A folding structure, mounted on wheels and designed for travel, recreation, and vacation use.

(4)

Manufactured home stand: A manufactured home stand, which is a foundation or concrete pad with adequate anchoring spots, shall be considered as that part of the manufactured home site which is reserved for the manufactured home.

(5)

Community building: A building solely for the use of the residents of the park and their guests, which may contain, but is not limited to, a TV room, card room, sewing room, library, pool tables, kitchen, laundry, emergency station, toilet, lavatory, and bathing facilities for men and women, retail convenience store, and such activities as may serve the needs of the residents. Community buildings and other community facilities shall be designed in accord with the most recent Rhode Island standards for accessibility for the handicapped.

(6)

Person: The word "person" shall include individuals, corporation, owners, lessees, licensee, and agents for each of them.

(7)

Permittee: The term "permittee" shall be deemed to be any person, firm, or corporation conducting, operating, or maintaining a manufactured home elderly community.

(8)

Three-season sun room: A structure attached to the manufactured home with roof and screen/glass enclosures. The three-season sun room shall contain no plumbing system, no heating system, or provisions for such future systems and shall not increase the total building coverage beyond the maximum allowable for the assigned area.

(9)

Self-contained retirement community: A residential development containing all utilities, roads, and services within its own property lines and with security-gated access/egress.

c.

General provisions. A manufactured home elderly community shall be allowed in the R-30, R-60 and HC Zoning Districts subject to the specific requirements and conditions set forth herein, and the review procedures and applicable development standards contained in article XX, development plan review.

d.

Requirements. Each manufactured home elderly community shall conform to the following requirements:

(1)

Assigned area requirements: Minimum assigned area size shall be 6000 square feet, provided however, that each unit is served by municipal water and sewerage. Each assigned area is to have a minimum of 50 feet of frontage. Adequate surface water drainage is to be provided for each assigned area. There shall be a minimum sideline clearance of 22 feet between each manufactured home with a set back from the road layout of 20 feet. There shall be a minimum side yard requirement for each assigned area of four feet. Maximum building coverage of each assigned area by all structures, including but not limited to the manufactured home, shed(s), roofed-structure(s), shall not exceed 30 percent.

(2)

A minimum of two on-site parking spaces together with a driveway shall be required for each manufactured home assigned area.

(3)

No manufactured home site shall be located nearer than 200 feet from any arterial street, 100 feet from any collector street, 40 feet from any local street. A buffer shall be provided along the perimeter of the community which shall be a minimum width of 100 feet, up to 20 feet of which may be part of a wetland buffer. Existing vegetation shall be retained within the buffer, which may be enhanced by landscaping if required by the planning board. Fencing or screening shall be an acceptable alternative to natural landscaping within the buffer if approved by the planning board.

(4)

No travel trailer, pick-up-coach, motor home, or camping trailer or other manufactured trailer adaptable to living shall be permitted on a manufactured home-site, except in areas specified for such storage.

(5)

No manufactured home shall be permitted in a licensed manufactured home community which does not meet the standards set up by the Manufactured Home Manufacturers' Association under U.S.A. standard #A1191-1969, as from time to time updated. It will be the responsibility of the permittee to enforce this regulation.

(6)

Each building and manufactured home stand shall be an element of overall plan for site development.

(7)

Where possible, manufactured home stands shall be oriented with respect to scenic views, natural landscape features, topography, and natural drainage areas. Development proposals shall include a landscape program to illustrate the proposed treatment of space, roads, paths, service and parking areas. Screening devices shall not impair pedestrian or vehicular safety. Residual open space within the allowable density limits shall be allocated to the recreational amenity and environmental enhancement of the manufactured home elderly community shall be designed as such on the site plan for the proposed development.

(8)

All utilities shall be installed underground wherever possible. All transformer boxes, substations, pumping station, and meters shall be located and designed so as not to be unsightly or hazardous to the public.

(9)

Each manufactured home shall be skirted. One or more access hatches must be provided through the skirting, but shall be located only in the rear or side(s) of the manufactured home. No foundation of a manufactured home shall extend no more than 24 inches above the finished grade in the front of the manufactured home. Skirting material will be either the same material as the manufactured home siding, or an impregnated or treated wood siding, or masonry, or aluminum.

(10)

Enclosed tenant storage must be provided for material which is used only seasonally or infrequently, and which cannot be conveniently stored in a manufactured home. The permittee may provide community storage or may provide storage by constructing individual storage buildings for manufactured home sites. Such individual storage buildings must be uniformly constructed, must be erected on a concrete slab and outside dimensions must be a minimum of five feet by seven feet with a maximum of eight feet by 12 feet. Such storage buildings shall be located at the rear corner of the unit space, and where possible two or four storage buildings may be combined. In the event the permittee elects to combine the storage buildings, the outside dimensions except the height, may be increased by the number of buildings being combined. In this event, side yard requirements for the storage building may be waived. Construction must be of non-ferrous metal, if metal is used.

(11)

No additions, such as lean-tos, enclosures or rooms shall be attached to any manufactured home with the exception of three-season sun rooms, as defined herein (section 17.b(8). Open porches/decks with awnings and removable skirting may be installed with permission of the permittee.

(12)

A single one-family dwelling for the on-site manager may be permitted within the MHEC. Since said on-site manager and immediate-family shall be exempt from the age restrictions of b(1), the location of said dwelling shall be approved by the planning board. Also, said dwelling shall comply with the building requirements of the town. A portion of such dwelling may be utilized for the management office.

(13)

All roads in the manufactured home elderly community shall be constructed and paved to a width in conformance with standards in the land development and subdivision regulations and the right-of-way width shall be the same as the paved width.

(14)

At least ten percent of the gross land area of the manufactured home elderly community shall be reserved for recreational and open space usage exclusive of the buffer as set forth in paragraph (3) above.

(15)

The maximum area/footprint of a three-season sun room, including ancillary structure(s) such as stairs, shall not exceed 265 square feet with maximum depth not to exceed 12 feet and maximum length not to exceed 27 feet. The three-season sun room structure shall be no closer than 22 feet to an adjacent manufactured home or eight feet to any deck/open porch or roofed-structure on an adjoining assigned area.

e.

Responsibilities of manufactured home elderly community permittee.

(1)

The permittee shall operate the manufactured home elderly community in compliance with all regulations, and shall provide adequate supervision to maintain the community, its facilities, and equipment in good order and in clean and sanitary condition.

(2)

The sale of a manufactured home by the permittee for placement within the manufactured home elderly community may be accomplished only if there is a free and available assigned area in the park on which such manufactured home shall be placed. No manufactured homes shall be allowed unless they are placed on sites for future residence.

(3)

All roads in the manufactured home elderly community shall be maintained by the permittee. They shall be kept passable and in good condition at all times. Snow and ice removal shall be done by the permittee at its expense.

(4)

The permittee shall insure compliance by all tenants with these rules and regulations and all community rules and regulations to be adopted.

(5)

The applicant shall submit to the planning board for review all assigned area rental agreements and elderly community rules and regulations applicable to residents of the manufactured home elderly community.

f.

License requirements.

(1)

Required: A license issued by the town council shall be required prior to the operation of any manufactured home elderly community within the town.

(2)

Issuance: A manufactured home elderly community license may be issued to the permittee by the town council upon final approval of the planning board and the payment of the appropriate fee. Licenses shall be valid for one year, expiring on June 30.

(3)

Renewal: The manufactured home elderly community license may be renewed by the town council upon receipt of a report from the building official and approval of the planning board. The building official's report shall note all violations that occurred and corrective actions taken during the previous year. Planning board approval shall be required for modifications to the community within the scope of these regulations. The town council may require performance sureties as a condition for license renewal if it determines, in its sole discretion, that substantial deficiencies exist.

(Ord. of 11-24-97; Ord. of 6-4-01(3); Ord. of 10-28-02; Ord. of 7-28-03; Ord. of 11-24-03; Ord. No. 2025-0006, § 2, 4-21-25)

A.

Purpose. It has been determined that:

1.

There is a need for alternative housing in the Town of Tiverton for members of the adult population who will no longer maintain a residence for minor children and that such housing should be comprehensively designed to meet the needs of adults and;

2.

That such a use is in accordance with the Tiverton comprehensive plan.

The purpose of this section 18 is to provide for an Age Restricted Mixed Use Community in appropriate locations and settings, in which the residential uses are expressly for and specifically limited to the use and residency by persons as defined herein and the permitted associated uses are also as defined herein. Any application for an Age Restricted Mixed Use Community shall be reviewed and approved by the planning board as a major land development in accordance with the land development and subdivision regulations.

B.

Definitions.

1.

Age Restricted Mixed Use Community ("ARMUC"): A self-contained community expressly for and limited to use and residency by persons 55 years of age or older, or as otherwise expressly required by state and federal law and regulation. Such a community shall have both public water and sewerage and shall, with its associated uses, be constructed on a lot or combination of contiguous lots ("contiguous" lots shall mean abutting lots or lots divided by public streets, railroad rights-of-way or any similar dividing barrier) containing not less than a total of 90 acres of land with at least 2,600 feet of combined frontage on the tidal navigable waters of the State of Rhode Island. The use and occupancy in an ARMUC shall be restricted to:

(a)

Any person of the age of 55 years or over;

(b)

A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over;

(c)

The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over; or

(d)

The individual or individuals, regardless of age, residing with and providing necessary physical or economic support to a permissible occupant as authorized by the C & R's.

The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an ARMUC from entertaining guests, of any age, in their units, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefor.

2.

Associated uses: Those associated uses permitted in this section 18 in an ARMUC, which may be for the use of the residents of the community and for the use of the general public and which shall be located on a separate lot in the ARMUC and which may be under separate ownership when the project is complete.

3.

These definitions shall be considered to be definitions as if they were part of article 11 of this zoning ordinance. Any references to the "zoning ordinance" in this section 18 shall mean the zoning ordinance as adopted June 27, 1994, as amended through the date of adoption of this section 18.

C.

Zoning district. An ARMUC shall be allowable in any zone under this zoning ordinance except R15, R30, R40, R60 and R80 zones or any other or future residential zone, subject to the specific area requirements and water frontage requirements set forth above and subject to the further requirements of this section 18.

D.

Permitted residential uses in an ARMUC. The following residential uses are permitted in an ARMUC:

1.

Single-family dwellings, two-family dwellings, or multi-family dwellings and appurtenant structures, all as defined in this ordinance and as restricted in the C & R's, or any combination of such dwellings and structures, provided, however, that all residential dwellings shall be owned, operated and administered as a condominium under G.L., 1956 title 34, chs. 36 and 37, as amended, or shall be owned, operated and administered under similar provisions, except as noted hereafter in this section 18.

2.

Permitted principal uses. The principal residential uses of buildings in an ARMUC shall be limited to the following:

a.

Dwelling units.

b.

Recreation facilities.

c.

Sales and administrative offices required for the construction, sale, resale and management of the ARMUC.

d.

Maintenance buildings within which fertilizer, pesticides, paint, and all other equipment or materials necessary for road, ground and building maintenance may be stored in compliance with all state and federal laws and regulations governing storage of hazardous materials.

3.

Permitted accessory uses. The accessory uses of buildings and structures in the residential portion of an ARMUC shall be limited to the following:

a.

Master television antenna system and/or cable television antenna/reception facilities in compliance with town ordinances.

b.

Common parking areas for guest parking or dedicated for specific parking purposes.

c.

Buildings for storage of vehicles, equipment and supplies.

d.

Outbuildings and structures as part of recreation facilities.

E.

Density requirements for residential uses.

1.

The land suitable for development in the entire parcel proposed for an ARMUC shall be calculated to determine total allowable lot coverage in accordance with article V, section 3(a) of this ordinance.

2.

Once the area available for development has been calculated, at least 80 percent of the suitable land area shall be dedicated to residential uses.

3.

Once the area dedicated to residential uses is defined, it shall be demarcated as a separate lot for residential purposes.

4.

Within the lot demarcated for residential uses the density allowed shall be one dwelling unit (whether one-family, two-family, or multi-family units are involved) per 6,000 square feet of suitable land. The maximum number of units shall be 370.

F.

Dimensional requirements.

1.

Single-family units and two-family units on common property shall have a minimum setback from any interior roadway or circulation driveway of 20 feet.

2.

Minimum distance between detached units:

(i)

For units oriented side-to-side to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.

(ii)

For units oriented essentially at 90 degrees to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and 10 additional feet for each story over two stories.

(iii)

For units oriented essentially rear-to-rear to each other the minimum distance between buildings shall be 30 feet for buildings of two stories and 10 additional feet for each story over two stories.

3.

For multi-family units:

(i)

Minimum setback from interior roadway or circulation driveway 20 feet.

(ii)

Minimum setback from interior parking lot 20 feet.

4.

Minimum distance between multi-unit buildings:

(i)

For multi-unit buildings oriented essentially at 90 degrees to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.

(ii)

For multi-unit buildings oriented essentially end-to-end to each other, the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.

(iii)

For multi-unit buildings oriented essentially with the parallel axis facing each other, the minimum distance between buildings shall be 35 feet for buildings of two stories and ten additional feet for each story over two stories.

5.

Maximum building height: All buildings shall be constructed in compliance with the Rhode Island State Building Code and no building shall be higher than four stories plus the roof. In no event shall the maximum height of any building exceed 65 feet measured from the downslope or lowest grade. No buildings for storage of vehicles, equipment or supplies or recreational buildings shall be higher than two stories plus the roof.

6.

The maximum percentage of lot building coverage shall be 30 percent for the lot demarcated as residential.

G.

Minimum parking requirements (including parking for residents and visitors).

1.

For each detached single-family unit: a one car garage plus one additional parking space.

2.

For each unit in a two-family or multi-family building: Two and one-half spaces.

3.

A private driveway with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

4.

The gross area per car space shall be no less than 200 square feet.

H.

Utilities. An ARMUC must be fully serviced by public water and public sanitary sewerage facilities. All utilities shall be underground.

I.

Recreation facilities. Any ARMUC shall contain and provide for the benefit, use and enjoyment of its residents, recreation facilities which can include, but shall not be limited to, the following:

1.

A recreation area containing a recreation building or buildings.

2.

Swimming pool or pools with amenities.

3.

Picnic-barbecue areas.

4.

Jogging trail or trails.

5.

Tennis courts.

6.

Fitness-exercise course or courses.

7.

Gardening areas (including greenhouses).

8.

Such other activities as the developer may propose and the planning board shall find to be consistent with the lifestyle of residents of an ARMUC and which are accessory to the residential character of an ARMUC.

9.

Ownership of recreation facilities: All recreation facilities shall be owned by the homeowners association (defined below).

10.

However, no boats or recreational vehicles shall be stored in the ARMUC.

J.

Permitted associated uses in an ARMUC. The following associated uses are permitted on the lot demarcated for the associated uses in an ARMUC, all of which shall be for the use of the residents of the ARMUC and for the general public:

1.

Marina.

2.

Hotel or motel.

3.

Retail businesses as described in article IV, sections 10(a), (d), (f), and (g) of this zoning ordinance consisting of general retailing activities, a package liquor store, commercial docks or piers and sales of boats and marine accessories, except that there shall be no storage or repair of boats.

4.

Restaurants, including entertainment and liquor.

5.

Maintenance buildings within which fertilizer, pesticides, paint and all other equipment or materials necessary for road, ground and building maintenance may be stored, in compliance with all state and federal laws and regulations governing storage of hazardous materials.

6.

Residential dwelling units, but only in the second floor of any building except for a hotel or motel. Use and occupancy of any such dwelling units shall be subject to the residency restrictions contained in section 18.B.1 above.

7.

Maximum building height shall be four stories of no more than ten-foot each of living space, plus the roof and not more than 65 feet for one hotel or motel; three stories plus the roof for one combined dockmaster/maintenance building; and two stories plus the roof for any other building.

K.

Density requirements for associated uses.

1.

Once the lot dedicated to the associated uses is defined, it shall be demarcated as a separate lot of record and may or may not be part of the condominium or similar entity which owns, operates and administers the lot demarcated for residential uses.

2.

The lot demarcated for the associated uses shall not require frontage by a public or private street, but access to it must be provided on either a public or private street built to the specifications required in the land development and subdivision regulations for a collector street. In the event that pre-existing manmade or natural conditions on the land make it difficult or expensive to construct all or part of such a street to this standard, the planning board may grant waivers so that construction of the street can proceed.

3.

The maximum percentage of lot building coverage on the lot demarcated for the associated uses shall be 50 percent.

L.

Buffer zones. No residential unit shall be constructed within 40 feet of any adjacent land located bordering the ARMUC land. No associated use shall be constructed within 40 feet of any adjacent land bordering the ARMUC land. The buffer zone shall be landscaped in such a manner as the planning board finds will reasonably separate the ARMUC land from adjacent land. Where a public or private street abuts a buffer zone, the pavement of the street may be placed so that the outer edge of the pavement directly abuts the inner edge of the buffer zone and the landscaped area of the buffer zone may be used in calculating the right-of-way width, resulting in the paved portion of the right-of-way being placed completely to the interior side of the right-of-way. In the event that pre-existing man-made or natural conditions on the land make it difficult or expensive to construct all or part of a public or private street without intrusion into the buffer zone, the planning board may allow the public or private street to be constructed within the buffer zone.

M.

Frontage. The ARMUC shall have not less than 120 feet of frontage on an existing public street.

N.

Streets. The applicant for approval of an ARMUC shall have the choice of either having all of the streets or ways within the ARMUC as public streets, all as private streets, or a mixture of streets with some public and some private.

Any street which is designated as public shall be constructed in accordance with the specifications of the land development and subdivision regulations of the town except where pre-existing man-made or natural conditions on the land make such construction unreasonably difficult or expensive. In that event, the planning board may grant any necessary waivers from the requirements of the specifications of the land development and subdivision regulations so that construction of the public street can proceed.

All maintenance of any public or private street within the ARMUC, including plowing of snow shall be done and performed by the homeowners association as described hereafter in this section 18.

Any street which is designated as private shall be constructed with a minimum grade of one percent, a maximum grade of 15 percent, (for a running distance of not more than 200 feet), and a maximum grade at turnaround of five percent.

Streets shall be designed to the specifications of the land development and subdivision regulations with the exception of the width requirement. There shall be three types of streets in addition to collector streets, which will be as follows:

1.

Any principal streets, which shall be constructed according to the requirements for "local" streets in the regulations;

2.

Secondary streets which shall have a minimum paved width of 18 feet, and;

3.

Access drives which lead to the residential clusters and which may be a minimum of 15 feet in width with a surface of either asphalt or crushed stone, but which shall have one reinforced shoulder of at least six feet in width to support emergency vehicles.

O.

Performance guarantees: The planning board shall require the applicant to provide a guarantee of performance so that all improvements, facilities or work (including the private streets) required in the approval, or as a condition of approval shall be performed. The procedure for guarantees of performance and inspection of improvements shall follow article X of the land development and subdivision regulations.

P.

Maintenance documents: The applicant shall file with the planning board, prior to approval, appropriate documents to be recorded in the land evidence records requiring that the homeowners association, condominium association, or some similar entity, is responsible for the maintenance of all improvements required. Said documents shall consist of:

One or more recorded declaration of covenants and restrictions ("C&Rs") which shall provide for and create one or more incorporated membership organizations under law in which all unit owners in the ARMUC shall be required to be members (the "homeowners' association"). The C&Rs shall provide for:

(i)

The ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the ARMUC by the homeowners association;

(ii)

The restrictions on residential unit occupancy (including restrictions on individuals providing necessary physical or economic support to a permissible occupant) set forth above both for the lot demarcated as residential and for the associated uses lot;

(iii)

The procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing;

(iv)

The organization, operation and management of the homeowners' association;

(v)

Restrictions against occupancy of any house trailer (except during construction) or any modular or prefabricated dwelling; and

(vi)

A provision that, if the homeowners association fails to enforce or carry out any provision of the C&Rs, the town may enforce and carry out such provision and charge the homeowners association and/or the unit owners for any costs incurred by the town including the placement of liens on the property of the homeowners association or unit owners.

A complete copy of the proposed C&Rs and all documents creating and organizing the homeowners' association shall be submitted to the planning board for review and approval prior to final approval of the ARMUC.

Q.

Planning board review: In its review, pursuant to the provisions of this section 18, the planning board may grant waivers and/or modifications from the land development and subdivision regulations as may be reasonable and within the general purposes and intent of the land development and subdivision regulations and this section 18. The grounds for such waivers and/or modifications under this section 18 are whether such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and the zoning ordinance.

R.

Phases: Either the residential uses or the associated uses in an ARMUC, or both, may be phased in accordance with article VIII, section 23—42 of the land development and subdivision regulations.

S.

Validity: If any portion of this section 18 is declared invalid by a court of competent jurisdiction and all appeals from such declaration have been exhausted, any change to this section 18 must be reviewed by the planning board prior to enactment.

(Ord. of 4-10-00(2); Ord. of 4-10-00; Ord. No. 2025-0006, § 2, 4-21-25)

A.

Purpose. It has been determined that:

1.

There is a need for large scale office park development in the Town of Tiverton; and

2.

That such a use is in accordance with the Tiverton comprehensive plan. The purpose of this section 19 is to provide for a large scale office park development in appropriate locations and settings.

B.

Definitions.

1.

Large scale office park development: (LSOPD): A development for the uses hereinafter enumerated in this section 19, subject to the applicable dimensional provisions of this zoning ordinance.

An LSOPD shall have both public water and public sewerage and shall be constructed on a lot or combination of contiguous lots ("contiguous" lots shall mean abutting lots or lots divided by public street, easement or any dividing barrier) containing not less than 125 acres of land, which may be further subdivided in accordance with the provisions of this zoning ordinance.

This definition of LSOPD shall be considered to be a definition as if it were a part of article 11 of this zoning ordinance. Any references to the "zoning ordinance" in this section 19 shall mean the zoning ordinance as adopted June 27, 1994, as amended through the date of adoption of this section 19.

C.

Zoning district. An LSOPD shall be allowable in a General Industrial (GI) Zone under this zoning ordinance, subject to the specific area requirements as set forth above and to the further requirements of this section 19.

D.

Permitted uses in a LSOPD. The following uses are permitted in a LSOPD:

1.

Motel or hotel (with restaurant, including entertainment and/or liquor).

2.

Professional office and bank, credit union or office building as permitted in article IV, sections 7(b) and (c) of this zoning ordinance.

3.

Any retail business permitted in article IV, section 10.

4.

Restaurant (including entertainment and/or liquor).

5.

Any wholesale business or storage as described in article IV, section 12.

6.

Any industrial use as described in article IV, section 13.

7.

Any facility engaged in the creation or operation of information technology or financial services.

8.

Any commercial office or office building not otherwise included in this section 19.

E.

Prohibited uses in a LSOPD. The following uses are prohibited in a LSOPD:

1.

No materials, manufactured items, supplies or equipment shall be stored in any area on a lot except inside a closed building or behind a visual barrier screening such areas from the view of adjoining property and/or a street. No storage or parking of goods, vehicles, and/or equipment shall be permitted on the street. In addition, no portable structures, including but not limited to trailers, storage units or similar objects, shall be permitted within the LSOPD except during periods of construction.

2.

All approved off-street loading facilities shall be paved with asphalt or concrete with adequate drainage and curbing. Loading areas shall be located to the rear of any building wherever possible. Loading areas in the rear of side yards shall be screened by substantial means to minimize exposure from the street.

3.

All developed land not covered by buildings, parking areas, driveways or other site improvements shall be appropriately landscaped. The owner of any lot shall at all times keep the property, including undeveloped areas, in good order and condition and properly maintained.

4.

There shall be no excessive noise, dust, smoke, fumes, odors, vibrations, glare, vermin, or liquid or solid waste which is not kept in appropriate containers. There shall be no uses that will result in unsafe or hazardous conditions such as toxic or noxious materials, fire and explosion hazard materials, or radiation hazard materials.

(Ord. of 11-27-00; Ord. No. 2025-0006, § 2, 4-21-25)

A.

Purpose. It has been determined that:

1.

There is a need for a planned development park(s) in the Town of Tiverton which may emphasize industrial, technology, scientific, medical, renewable energy, commerce or office uses; and

2.

That such uses are in accordance with the Tiverton Comprehensive Community Plan. The purpose of this section is to provide for planned development parks in appropriate locations and settings.

B.

Requirements.

1.

A PDP shall have both public water and access to public sewerage, nearby highway access and shall be designated on a lot or combination of contiguous lots ("contiguous" lots shall mean abutting lots or lots divided by an easement or right-of-way, natural barrier, or any private or public street other than a state highway) containing not less than 150 acres of land, which may be further subdivided and developed in totality or phases in accordance with the provisions of this zoning ordinance and Tiverton's Land Development and Subdivision Regulations.

2.

Development standards and guidelines. A PDP must have an adopted set of development standards and guidelines which are specific to the park. Such standards must be adopted by the Tiverton Town Council.

a.

The "Tiverton Enterprise Park Development Standards and Guidelines" adopted by the Tiverton Town Council on June 25, 2012, apply to the Tiverton Industrial/Technology Park originally comprised of approximately 177 acres of land abutting Interstate 24. Those Standards and Guidelines are adopted by reference herein as though set forth in full.

3.

All uses within the PDP shall comport with the requirements of Zoning Ordinance Article XIII, Regulation of Non-Residential Operations.

4.

Where design and site standards conflict with the performance standards of Article VI or special use standards of Article XVI, Articles VI or XVI shall govern.

C.

Zoning district. A PDP shall be permitted in an industrial (I) zone under this zoning ordinance, subject to the specific area and location requirements as set forth above and subject to the further requirements of this section.

D.

Permitted uses in a PDP. Uses permitted in a PDP are subject to the issuance of licenses as may be required by the Rhode Island General Laws or the Town of Tiverton. The uses are also subject to the performance standards of Zoning Ordinance Article VI, Section 10, and Article XIII, as well as Article X of the Land Development and Subdivision Regulations.

The following uses are permitted by right in a PDP unless a Special Use Permit is required in the Industrial Zone by Article IV, Sections 1—14:

1.

All uses allowed by right in the industrial zone, unless specifically prohibited by this section, Article IV, Section 20(D).

2.

Hotel (with restaurant, including entertainment and/or liquor).

3.

All uses identified in Article IV, Section 4, Public and semipublic uses.

4.

All uses identified in Article IV, Section 6, Recreation Uses, excluding:

a.

Section 6(c), Bathing beach;

b.

Section 6(f), Boat or yacht club; and

c.

Section 6(g), Waterfront recreation business.

5.

All uses identified in Article IV, Section 7, Office use, excluding:

a.

Section 7(a), Professional home office.

6.

All uses identified in Article IV, Section 8, Restaurant and entertainment, excluding:

a.

Section 8(b)(2), Bar or night club, with adult entertainment.

7.

All uses identified in Article IV, Section 10, Retail business, excluding:

a.

Section 10(h), Retail sales and/or rentals with open lot storage (other than display for sale);

b.

Section 10(j), Adult book/video store; and

c.

Section 10(k), Gasoline filing station, including retail sales as an accessory use.

8.

All uses identified in Article IV, Section 12, Wholesale business and storage, excluding:

a.

Storage of flammable and/or explosive material.

9.

All uses identified in Article IV, Section 13, Industrial uses.

10.

Any commercial office or office building not otherwise included in this section 20, Planned development park.

11.

Any renewable energy facilities covered under the siting standards for renewable energy facilities of Zoning Ordinance Article XXIV.

E.

Special uses in a PDP. Uses permitted by special use permit in a PDP are subject to the issuance of licenses as may be required by the Rhode Island General Laws or the Town of Tiverton. The uses are also subject to the performance standards of Zoning Ordinance Article VI, Section 10 and Article XIII, as well as the specific and objective criteria of Article XVI. Further, the uses are subject to Article X of the Land Development and Subdivision Regulations. Where there is a conflict between dimensional or performance standards, the standards set forth herein in Article IV, Section 20, shall govern.

The following uses within a PDP require the issuance of a special use permit by the reviewing authority:

1.

All uses in Article IV, Sections 1—14, permitted by Special Use Permit in the Industrial Zone and PDP Zone, unless specifically permitted by right in Article IV, Section 20(D).

F.

Prohibited uses in a PDP. The following uses are prohibited in a PDP:

1.

All prohibited uses as described in article IV, section 16 shall be prohibited in a PDP;

2.

All uses prohibited in the Industrial Zone and not otherwise permitted by Article IV, Section 20(D).

G.

Prohibited activities in a PDP. The following activities are prohibited in a PDP:

1.

No materials, manufactured items, supplies or equipment shall be stored in any area on a lot except inside a closed building or behind a visual barrier screening such areas from the view of adjoining property and/or a street. No storage or parking of goods, vehicles, and/or equipment shall be permitted on the street. In addition, no portable structures, including, but not limited to, trailers, storage units or similar objects, shall be permitted within the PDP except during periods of construction.

2.

There shall be no excessive noise, dust, smoke, fumes, odors, vibrations, glare, vermin, or liquid or solid waste which is not kept in appropriate containers. There shall be no uses that will result in unsafe or hazardous conditions such as toxic or noxious materials, fire and explosion hazard materials, or radiation hazard materials.

H.

Development categories within a PDP may include the following:

1.

Single user. This category shall include one owner or tenant, located within a primary structure on a single site. The site may also include accessory buildings associated with the primary use.

2.

Building complex. This category shall include multiple owners or tenants, located within a primary structure on a single site. The site may also include accessory buildings associated with one or more of the uses or tenants within the primary building.

3.

Site complex. This category shall include multiple owners or tenants, located within multiple primary buildings on a single site. Each building may contain one or more primary users or tenants. The site may also contain accessory buildings associated with any of the owners or tenants within the primary buildings on the site.

I.

Dimensional regulations. The following dimensional regulations shall apply within a PDP and supplant those contained within article V of these regulations:

1.

Minimum lot size: Forty thousand (40,000) square feet.

2.

Minimum lot width: One hundred twenty (120) feet.

3.

Minimum lot frontage: One hundred twenty (120) feet.

4.

Minimum front yard setback: Twenty (20) feet.

5.

Minimum side yard setback: Thirty (30) feet.

6.

Minimum rear yard setbacks: Forty (40) feet.

7.

Maximum building coverage: Seventy (70) percent.

8.

Maximum building height: Sixty-five (65) feet.

9.

Maximum accessory building height: Thirty-five (35) feet.

J.

Signage regulations. The intent of the signage regulations within this section are to control the location, number, size, placement, and other features of signs within a PDP to ensure that all signs are appropriate for their use, benefit the public's safety and convenience, are compatible with their surroundings, reinforce any associated building's design, and add to the unique identity of the park. The sign regulations in this section are intended to supplant those in article XII, Sign regulations, of this zoning ordinance.

1.

Sign categories. The four basic categories of signs that are regulated within this section are: a) complex, building, or business identification; b) information, direction or wayfinding; c) temporary; and d) development park identity, gateway and information.

a.

Complex, building, or business identification signs are limited to information which identifies the name of the complex or building(s); street address; and the name, tagline, and logo of individual businesses.

b.

Information, directional, or wayfinding signs: On or off-premises signs that provide information for the convenience and safety of the public such as the location of business entrances, exits, parking lots, traffic direction, speed, height or weigh limitations or any other instance where signage is necessary for orderly traffic movement and public safety.

c.

Temporary signs are limited to building or site construction information, or building or site sales or lease information.

d.

Development park identity, gateway, and information signs shall serve to provide prominent identity and exposure to the park, a suitable gateway into the park, and information such as park layout, maps or directory.

2.

Permitted number and copy. The number of complex, building, or business identification signs for each site shall be limited to the following:

a.

For single users: Each parcel shall be limited to one freestanding (monument type) sign along its primary street frontage as well as one additional freestanding (monument type) sign (at 75 percent of the maximum height and 50 percent of the maximum size limitation) for each secondary frontage thereafter, providing that any secondary street frontages contain public vehicular entrances. The freestanding sign information shall be limited to company name, logo, tagline and street address.

The primary building within a parcel shall be permitted one attached sign along the elevation of the primary street, and one additional attached sign (at 50 percent of the maximum size limitation) along any elevation fronting a secondary street. The attached sign copy shall also be limited to company name, logo, tagline and street address. Accessory buildings will be permitted one attached sign, at 25 percent of the maximum size, containing building name and number.

b.

For building complex: Each parcel shall be limited to one freestanding (monument type) sign along its primary street frontage as well as one additional freestanding (monument type) sign (at 75 percent of the maximum height and 50 percent of the maximum size limitation) for each secondary frontage thereafter, providing that any secondary street frontages contain public vehicular entrances. The freestanding sign information shall be limited to building name and street address, as well as the name of the individual businesses and their logos with a consistent background and color scheme.

The primary building within a parcel shall be permitted one attached sign along the elevation of the primary street, and one additional attached sign (at 50 percent of the maximum size limitation) along any elevation fronting a secondary street. The attached sign copy shall be limited to building name and street address, as well as the name of the individual businesses and their logos with a consistent background and color scheme. Accessory buildings will be permitted one attached sign, at 25 percent of the maximum size, containing building name and number.

c.

For site complex: Each parcel shall be limited to one freestanding (monument type) sign along its primary street frontage as well as one additional freestanding (monument type) sign (at 75 percent of the maximum height and 50 percent of the maximum size limitation) for each secondary frontage thereafter, providing that any secondary street frontages contain public vehicular entrances. The freestanding sign information shall be limited to site complex name and street address, as well as the name of the individual businesses and their logos with a consistent background and color scheme.

The primary buildings within a parcel shall be permitted one attached sign along the elevation of the primary street, and one additional attached sign (at 50 percent of the maximum size limitation) along any elevation fronting a secondary street. The attached sign copy shall be limited to building name and street address, as well as the name of the individual businesses and their logos with a consistent background and color scheme. Accessory buildings will be permitted one attached sign, at 25 percent of the maximum size, containing building name and number.

3.

Setback. The setback for complex, building, or business identification signs shall comply with the following:

a.

Front yard setback: Five (5) feet.

b.

Side yard setback: Ten (10) feet.

c.

Vision clearance: Signs must be placed so as not to obstruct sight lines at entrances and exits.

d.

Street intersection triangle: No sign, other than traffic safety signs, may be placed within thirty-five (35) feet of any street intersection along the frontage lines.

4.

Complex, building, or business identification sign dimensional requirements. The following limitations shall apply:

a.

Freestanding (monument type): Maximum height (measured from the street grade the highest point on the sign) shall not exceed 15 feet. Sign copy shall be placed a minimum of seven feet above grade. Maximum area (excluding base and area below sign copy) shall not exceed 60 square feet.

b.

Attached building signs: The height of attached building signs shall not exceed the height limit for the PDP or extend more than ten feet above the building's cornice line (defined as the intersection of the top of the exterior wall and roof plane). The area of attached signs shall be limited to five percent of the building's frontage area (length of building along the primary frontage multiplied by the cornice height). Attached building signs must also meet the minimum standards for legibility and readability from frontage roadways, taking into account building setback from roadway, vehicle speed, viewing angle, and copy.

5.

Development park identity, gateway and information signs dimensional requirements. The following limitations shall apply:

a.

Identity and gateway: Maximum height (measured from the ground to the highest point on the sign) shall not exceed 25 feet. Maximum area of sign copy shall not exceed 200 square feet. Any copy intended to be read from adjacent highways must consider setback, traffic speed, and viewing angle to ensure sign copy can be discerned without being considered a distraction. Copy shall be limited to park name and logo.

b.

Information signs: Maximum height (measured from the ground to the highest point on the sign) shall not exceed 12 feet. Other than the information kiosk sign at the entrance containing park map, tenant listings, and addresses), sign copy on information signs shall be a minimum of seven feet from the street grade along the area in which they are placed. Maximum sign area shall not exceed 120 square feet, excluding any area below the minimum copy standard.

6.

Information, directional or wayfinding sign dimensional requirements. The following limitations shall apply:

a.

All signs related to traffic safety shall meet the minimum manual of uniform traffic control devices (MUTCD) standards and be exempt from the limit on freestanding signs per site. Entrance signs shall not exceed five feet in height or 15 square feet, and may also contain the business, building or complex name and street address. These signs do not count against the maximum number of freestanding signs per lot.

7.

Prohibited signs. The following types of signs shall be prohibited within a PDP:

a.

Animated moving, rotating or sound emitting signs;

b.

Electronic message signs;

c.

Reader boards or changeable copy signs;

d.

Flashing signs other than those used for traffic safety;

e.

Internally illuminated signs other than those in which the background is opaque and light passes only through the sign copy and logo;

f.

Inflatable signs and objects;

g.

Window signage other than emergency contact information and hours of operation;

h.

Portable signs, with the exception of authorized temporary signs;

i.

Moving signs, including, but not limited to, pennants, flags with commercial messages, streamers, propellers, discs and searchlights.

8.

Illumination methods.

a.

Externally illuminated signs may include ground or up-lighting, integral lighting, halo lighting, down lighting. All lighting should be designed to minimize glare, light spill, and provide no more illumination than is required for sign legibility at night.

b.

Internally illuminated signs where light passes through the entire sign board are not an acceptable illumination method and are prohibited. However, illumination methods where the signboard or background is opaque and light passes only through the sign copy and logo are acceptable, and such signs are permitted.

c.

Neon, LED, or other light sources, may be permitted where it can be demonstrated that their use furthers the goals within the adopted standards and guidelines for the PDP.

K.

Site regulations.

1.

All site designs shall have adequate provisions for employee and customer parking as well as loading areas, and otherwise comply with parking and loading requirements as enumerated in article X of this zoning ordinance.

2.

Loading, service, utility and mechanical equipment shall be located towards the back of the building, or least visible area, and screened from public view and for the benefit of adjacent residential zones or residential uses.

3.

All approved off-street loading facilities shall be paved with asphalt or concrete, with adequate drainage and curbing. Where practical, pervious pavement should be utilized. Loading areas shall be located to the rear of any building wherever possible. Loading areas in the rear of side yards shall be screened to minimize exposure from the street and for the benefit of adjacent residential zones or residential uses.

4.

No trash facility (dumpsters, recycling areas, etc.) shall be located forward of the primary structure. Such facilities shall be located in the rear of the site (where practical) and be placed in compatibly designed outbuildings or utilize screening to minimize their visual impact and for the benefit of adjacent residential zones or residential uses.

5.

The site design shall have adequate provisions, as confirmed by the Fire Marshall, for fire lanes and emergency access, and provide building separation that meets both the applicable building and fire codes.

6.

Site design shall meet all of the applicable local and state standards for stormwater management and erosion and sediment control.

7.

Where practical, site design and building placements shall make use of existing topography and land features, to minimize the amount of cut and fill required.

8.

All sites shall provide safe means of vehicular ingress and egress from a public road with access drives and parking areas designed to ensure that vehicles are not required to back out onto public roads.

9.

Minimum driveway width for two-way traffic shall be twenty (20) feet wide; minimum driveway for one-way traffic shall be ten (10) feet.

10.

Where practical, sites should provide internal circulation links to adjoining sites.

11.

All permanent utility lines shall be located below grade.

12.

Sidewalks shall be provided. Installation and maintenance of sidewalks shall be the responsibility of the applicant, property owner, or developer of a PDP.

13.

Screening of adjacent residential zones or residential uses may include a combination of the following:

a.

A dense vegetative buffer consisting of evergreen trees or shrubs, at least 6 feet in height at the time of planting, installed along the property line adjacent to residential lots.

b.

A solid fence to further reduce visual and noise impact. The fence shall be constructed of materials that complement the surrounding environment and provide a continuous barrier.

L.

Landscaping requirements.

1.

All developed land not covered by buildings, parking areas, driveways or other site improvements shall be appropriately landscaped. The owner of any lot shall at all times keep the property, including undeveloped areas, in good order and condition and properly maintained.

2.

A landscape plan stamped by a registered landscape architect, licensed in the State of Rhode Island, is required for all development plans. Such plans shall include the location of all landscaped areas with the proposed trees, shrubs or other plant or ground covering material with information on the size, type and spacing. The applicant shall have an improvement guarantee issued in the form of: 1) a surety bond, 2) certificate of deposit, or 3) original letter of credit.

3.

All planting beds shall have an a minimum two-foot uninterrupted boarder of grass or dense ground cover wherever landscaped areas abut paved areas to minimize mulch, topsoil, or sediments from being washed into drainage structures or systems.

4.

Landscape plans shall utilize existing site features including existing stone walls, mature trees, site topography, and vegetated buffers to the greatest extent practical.

5.

All individually developed parcels shall provide a minimum ten (10) foot wide landscaped planting strip between abutting properties.

6.

All individually developed parcels shall provide a minimum fifteen (15) foot wide landscaped planting strip between the front property line and side property line (where it is on a corner lot) or a ten-foot landscaped planting strip along the sides or rear property lines.

7.

Street trees, with a minimum caliper of two inches, shall be required for every 25 feet of frontage along the public right-of-way. Installation and maintenance of street trees shall be the responsibility of the applicant, property owner, or developer of a PDP. The applicant shall have an improvement guarantee issued in the form of: 1) a surety bond, 2) certificate of deposit, or 3) original letter of credit.

8.

Parking lot landscaped islands or planting beds shall be a minimum of five feet wide.

9.

A landscaping maintenance agreement shall be submitted to provide for maintenance of plantings utilizing acceptable horticultural practices and for replanting of new material where required plantings have not survived.

M.

Building design requirements.

1.

Primary building entrances shall be prominently located, easily identifiable, and relate to human scale.

2.

Buildings shall be designed and oriented with an emphasis on the primary street on which they front.

3.

Buildings located on corner lots shall incorporate design elements that are respectful of their orientation.

4.

All mechanical, electrical, or utility equipment, service tie-ins or panels shall be adequately screened from public view utilizing materials and techniques that either blend in with or add architectural interest to the building.

5.

All rooftop mechanical or other equipment shall be adequately screened from public view utilizing materials and techniques that either blend in with or add architectural interest to the building unless it can be demonstrated that the equipment itself adds visual interest and furthers the goals in the adopted development standards and guidelines.

N.

Lighting.

1.

Parking lot, vehicular and pedestrian circulation paths, and loading areas shall have adequate lighting for public safety. Lighting should be designed to minimize light spill or trespass light and to add interest and variety to the site.

2.

Mounting height for parking lot lighting fixtures shall not exceed 24 feet, measured to the center of the luminaire.

3.

Use of landscape, circulation and architectural lighting should be utilized rather than wall mounted security lighting or wall packs.

4.

Building lighting and architectural lighting should incorporate a variety of techniques and sources which minimize light spill, highlight architectural features, provide additional safety, and add interest and variety to the building(s) and site.

5.

All development proposals shall include a lighting plan that indicates fixture locations, light source type, and photometric data.

O.

Review procedure. Proposed land development projects within a PDP shall be reviewed for their consistency with Tiverton's Zoning Ordinance and the adopted development standards and guidelines for the specific PDP. Proposed land development projects are subject to review under Appendix B, Land Development and Subdivision Regulations of the Tiverton Code of Ordinances.

(Ord. of 6-25-12; Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0006, § 2, 4-21-25; Ord. No. 2025-0010, §§ 3, 4, 6-9-25)

A.

Purpose. The purpose of this section is to provide for the review, development, and construction of a licensed pari-mutuel facility to offer state-operated video lottery games and state-operated casino games with associated restaurants, hotel and accessory uses, in accordance with the affirmative referenda vote on November 8, 2016 by the voters in the State of Rhode Island and Town of Tiverton. The proposed development shall be consistent with the Tiverton Casino Program submitted to the Tiverton Town Council at the time the resolution was adopted, including uses, signage concepts, lighting concepts, buffer, landscaping and streetscape concepts.

B.

Review of proposal. The Tiverton Casino Program, as modified by the concept of structured parking, establishes a baseline for an application for and approval of a major land development with regard to developable area, uses, signage concepts, lighting concepts, buffer, landscaping and streetscape concepts, and related information for development. As pursuant hereto and as consistent with the outcome of the referendum, the applicant shall submit a major land development application to ensure that the actual development is: (a) consistent with the baseline set forth in the Tiverton Casino Program; (b) incorporates the program requirements set forth in section 2.G(2); and (c) results in a first-class, regionally competitive casino gaming facility.

C.

Definitions. Definitions contained in article II shall apply to the CGE overlay zoning district. Additional definitions are as follows.

(1)

Building height means the vertical distance measured from the average natural lot grade across the footprint of the building(s) to the top of the highest point of the roof or structure, excluding spires, chimneys, flagpoles, widow's watch (as designed into the Tiverton Casino Program pursuant to public input) and the like and except for a peaked roof building, where the top of the highest point of the roof or structure shall be the midline of the peaked roof.

(2)

Casino and/or Casino gaming facility means any and all buildings developed, designed and operated for casino gaming and video lottery gaming as those terms and operations are defined and licensed by the state pursuant to G.L. § 42-61.2-1 et seq., including table games, as that term is defined in G.L. § 42-61.2-1 et seq., and any accessory uses customarily incidental and supportive to casino gaming, including any associated restaurants, taverns, coffee shops and other establishments offering food and/or alcoholic beverages, hotels, retail stores and shops, meeting/conference and multi-function space, and entertainment venue(s). Accessory uses include cashier cage, count room, players club and customer service areas, and back of the house uses including without limitation, office, security, laundry, kitchen, employee cafeteria and break areas.

(3)

Casino gaming project means the development project set forth in the Tiverton Casino Program to be reviewed under the procedures and guidelines set forth herein.

(4)

Casino Gaming and Entertainment Overlay District Map means an overlay district map to be finalized and appended to this chapter by the town clerk in the form attached hereto.

(5)

Entertainment venue means an area of the casino open to the public for entertainment uses including without limitation promotional events, concerts, stage performances, or comedic performances.

(6)

Hotel means the hotel set forth in the Tiverton Casino Program.

(7)

Major land development application means an application submitted under the provisions of the Tiverton Land Development and Subdivision Regulations, which shall include three stages of review including master plan, preliminary plan and final plan review.

(8)

Maximum developable area. That portion of the entire lot without subtraction of unsuitable lands that is or may be covered by buildings, accessory buildings, and other created improvements on the ground that are more impervious than the natural surface, such as paving, patios, and driveways. Impervious surfaces shall mean to include any material that prevents absorption of stormwater into the ground.

(9)

Referendum means the local and statewide vote as pursuant to Section 22 of Article VI of the Rhode Island Constitution and G.L. § 41-9-14.

(10)

Tiverton casino program means the definitive development proposal submitted to the Tiverton Town Council on November 9, 2015, as modified by structured parking to reduce impact on wetlands and impervious surface.

D.

Use regulations. The following uses shall be permitted in the CGE Overlay Zoning District.

(1)

A casino gaming facility, as defined herein and consisting of video-lottery games and casino games as are defined by G.L. § 42-61.2-1 et seq., which may include:

a.

Restaurant, with or without entertainment, and food and alcoholic beverage venues.

b.

Night club, with or without entertainment.

c.

Hotel, with up to 84 rooms, with associated food and beverage area(s), meeting space(s), fitness center and spa.

d.

Structured parking with a maximum of two levels and surface parking, with a combined maximum of 1,200 parking spaces.

e.

Retail business, not to exceed 10,000 square feet cumulative.

E.

Dimensional requirements.

(1)

Minimum lot size: 40 acres

(2)

Minimum lot frontage: 120 feet

(3)

Minimum front yard setback: 50 feet*

(4)

Minimum side yard setback: 20 feet*

(5)

Minimum rear yard setback: 50 feet*

(6)

Maximum developable area: 60 percent

(7)

Maximum building height: 35 feet

*

The restricted wetland areas identified in the Tiverton Casino Program shall be maintained as a buffer, as that term is defined in the Tiverton Zoning Ordinance. The minimum setbacks cannot be utilized to contradict the minimum green space requirements to maintain the designated buffer.

F.

Parking and loading.

(1)

In accordance with the Tiverton Casino Program, the Casino Gaming and Entertainment Overlay District shall include parking, both surface and structured, to accommodate up to 1,200 parking spaces for patrons and employees of the casino gaming facility.

(2)

Off-street parking spaces shall have a minimum width of nine feet and a minimum depth of 18 feet, except that when any part of a building column or light pole intrudes into a parking space, that space shall have a minimum width of eight feet and a minimum depth of 16 feet.

(3)

The casino gaming facility, with accessory uses, including the hotel, shall have a minimum of two loading docks, which may be consolidated to a single loading bay, or two or more scattered bays.

G.

Site design.

(1)

Generally.

The development shall be inspired by the local historical shoreline context and recent buildings built in the area that have successfully bridged time, creating a facility which is comfortable, familiar and modern. The design of the facility should adhere to community input as reflected in the Tiverton Casino Program.

All public-facing elements, entry and public parking, shall face northwest, away from residential areas.

The casino and hotel shall not be visible from surrounding roads.

Wetland overlooks shall consist of gravel/crushed stone footpaths following the natural topography at the edge of the wetland area with interpretive signage describing the eco-system, flora and wildlife. Proposed designs for the wetland overlooks shall be submitted to the Rhode Island Department of Environmental Management after construction of the casino gaming facility.

(2)

Program requirements.

The traffic improvements set forth in the Tiverton Casino Program shall be completed and operational before the casino, hotel and/or entertainment venue are allowed to become operational.

The restricted wetland areas identified in the Tiverton Casino Program shall be maintained as a buffer, as that term is defined by the Tiverton Zoning Ordinance.

The applicant shall be required to install an on-site water storage tank for fire and domestic uses as set forth in the Tiverton Casino Gaming Program.

The wastewater connection providing Hurst Lane with sewer access as set forth in the Tiverton Casino Program shall be deemed to benefit the Town of Tiverton.

The applicant shall be required to provide its safety and security plan to Tiverton Police and Tiverton Fire.

The applicant shall construct a stormwater management system compatible with local and state regulations and the Tiverton Casino Program.

(3)

Site regulations.

Loading, service, utility and mechanical equipment shall be located in areas designated for truck traffic only on the south and east sides of the building and not visible to patrons entering the casino's main parking areas and entry points, or least visible area, and screened from public view.

Any trash facility (dumpsters, recycling areas, etc.) shall be located in areas designated for truck traffic only on the south and east sides of the building and not visible to patrons entering the casino's main parking areas and entry points. Such facility should be located in the rear of the site (where practicable) and placed in compatible designed outbuildings or utilizing screening to minimize the visual impact.

All site design shall have adequate provisions for fire lanes and emergency access.

Site design shall meet all applicable local and state standards for stormwater management and erosion and sediment control.

All permanent utility lines shall be located below grade.

H.

Signage. Applicant shall submit a detailed signage plan which shall incorporate the restrictions set forth in the Tiverton Casino Program, including:

(1)

Neon signage on William S. Canning Boulevard and Stafford Road is prohibited;

(2)

Signage on Route 24 is prohibited (said prohibition excludes directional signage); and

(3)

Entry signage to the casino gaming facility shall be a low profile design as set forth in the Tiverton Casino Program,

(4)

Signage dimensions in the CGE Overlay District shall be as follows:

a.

Up to two freestanding signs at the entrance to the casino gaming project shall not exceed ten feet in height with a maximum of 48 square feet of signage. Sign lighting to be conventional;

b.

Up to five freestanding signs (pole or monument), not to exceed 14 feet in height and 48 square feet of signage per sign. Sign display may be digital with LED illumination or similar technology to allow content to be frequently and easily updated to inform patrons and emergency personnel as on-site conditions change. Notwithstanding, displays that are flashing or continually scrolling without pause will not be allowed. The freestanding signs shall not be placed within 100 feet of a residential boundary; and

c.

Directional signage per plan, not to exceed 12 square feet of signage per sign. Directional signage mounted to the ground may be six feet above paved grade to allow for snow removal. Directional signage mounted to light poles or structures may be triple-sided and set up at a height up to 15 feet above paved grade.

I.

Lighting.

Parking lot, vehicular and pedestrian circulation paths, and loading areas shall have adequate lighting for public safety. Lighting should be designed to minimize light spill or trespass light and to add interest and variety to the site.

Mounting height for parking lot lighting fixtures shall not exceed 24 feet, measured to the center of the luminaire.

Subject only to adherence with safety and security plans, use of landscape, circulation and architectural lighting should be utilized rather than wall mounted lighting or wall packs.

Building lighting and architectural lighting should incorporate a variety of techniques and sources, which minimize light spill, highlight architectural features, provide additional safety and add interest and variety to the building(s) and site.

All plans shall include a lighting plan that indicates fixture locations, type of light, source type, and photometric data.

J.

Landscaping.

A landscape plan stamped by a registered landscape architect, licensed in the State of Rhode Island, is required. Such plans shall include location of all landscaped areas with the proposed trees, shrubs, or other plant or ground covering material with information on the size, type and spacing.

A landscaping maintenance agreement shall be submitted to provide for maintenance of plantings, utilizing acceptable horticultural practices and for replanting of new material where required plants have not survived.

K.

Application review.

(1)

An application shall be reviewed as a major land development project under the Tiverton Land Development and Subdivision Regulations. The regulations shall apply unless inconsistent with this section; in such case of inconsistency, this section shall apply, which will also be incorporated into a host community agreement.

(2)

The town will expedite the application, so that construction may be completed by July 1, 2018, as required by G.L. § 42-61.2-2.3, which will also be incorporated into a host community agreement.

(3)

An applicant applying for major land development project review under this section shall be responsible for the cost incurred by the Town of Tiverton for such expedited review. Said costs shall equate to the reasonable cost incurred by the Town of Tiverton for engaging outside consultants to expedite and complete said review, which will also be incorporated into a host community agreement.

L.

Building permit. The Tiverton Building Official shall ensure compliance with applicable building codes. The building official may engage outside consultants to assist and expedite plan review, code review, permit issuance, and field inspection. The building official may issue phased or staged permits to expedite phases of construction while construction documents for other phases are being developed. The applicant shall be responsible for costs incurred by the building official. Such costs shall equate to the reasonable cost incurred by the building department in engaging consultants and temporary staff to assist and expedite, which will also be incorporated into a host community agreement.

(Ord. of 4-12-17(1), § 2; Ord. No. 2025-0006, § 2, 4-21-25)

1.1.

Adaptive reuse projects.

a.

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under subsection b, Eligibility.

b.

Eligibility.

1.

Adaptive reuse development shall include 50 percent of existing gross floor area developed into residential units; floor area in excess of 50 percent for residential area shall only be granted at the discretion of the permitting authority in conformity with the Tiverton Comprehensive Community Plan.

2.

There are no environmental land use restrictions recorded on the property by R.I. Department of Environmental Management or the U.S. Environmental Protection Agency preventing the conversion to residential use.

c.

Density calculations.

1.

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

i.

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

ii.

The development includes at least 20 percent low- and moderate-income housing.

iii.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

2.

For all other adaptive reuse projects where the density is less than 15 dwelling units per acre, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all state minimum housing code standards and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

3.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards including without limitation the minimum housing code standards and those standards promulgated in G.L. §§ 45-24.2 and 45-24.3.

d.

Dimensional requirements.

1.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

2.

No additional encroachments shall be permitted into any nonconforming setback unless a dimensional variance is granted by the permitting authority.

3.

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

i.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

e.

Parking requirements.

1.

Adaptive reuse developments shall provide one parking space per residential dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

2.

Other than as applied to residential dwelling units, the parking requirements in appendix A, Zoning, article X, and as they may be modified by the form-based code standards, shall apply to all uses proposed as part of the project unless otherwise approved as dimensional variance by the applicable permitting authority.

3.

Parking design standards in appendix B, Land Development and Subdivision Regulations, article XVI, and as modified by the form based code standards, shall apply to all uses proposed as part of the project unless otherwise approved by the applicable permitting authority.

f.

Allowed uses within an adaptive reuse project.

1.

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

2.

Unless specified elsewhere, any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of appendix A, Zoning, article IV for the zoning district in which the structure is located.

1.2.

Development and design standards. Site design shall be in accordance with appendix B, Land Development and Subdivision Regulations, article X, and as modified by the form-based code standards.

1.3

Procedural requirements.

a.

Adaptive reuse project shall be subject to the procedural requirements of, and undergo, development plan review, minor land development review, or major land development review, as determined by the requirements of each respective land development classification.

b.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information with their application(s):

1.

The proposed residential density and the square footage of nonresidential uses.

2.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

(Ord. of 11-30-23(1); Ord. No. 2025-0006, § 2, 4-21-25)