a.

An accessory structure shall be allowed within the front yard of a lot, but not within the front yard setback, except as provided for in subsection b. of this section. Accessory structures shall be permitted in the rear and side yard, including the rear and side yard setback, provided that no accessory structure shall be placed any closer than five feet to a side or rear lot line. No accessory structure shall be more than 25 feet in height or shall not exceed the building height of the primary structure, whichever is greater. No accessory structure shall have a footprint greater than 864 square feet. No accessory structure shall be located closer than six feet to the primary structure.

b.

Fences, as permitted by this ordinance, are permitted in the front yard and within the front setback.

(Ord. of 5-23-05; Ord. of 11-23-09; Ord. of 7-9-18)

Yards required in article V, and the space above them, shall be open and unobstructed except as provided below:

a.

Ordinary projections of windowsills, cornices and other structural features may extend up to 36 inches into the space above a required yard. In the general commercial zone, awnings or balconies may extend up to eight feet into the required front yard (or side yard where it fronts on a street).

b.

Signs as permitted in article XII may be located in front yards.

c.

Outdoor telephone booths in manufacturing, commercial or rural residential zoning districts may be located in front yards as a special use.

d.

Fences and walls not exceeding ten feet in height in industrial districts, and seven feet in height in all other districts, may be constructed within any required yard.

e.

The planting and maintenance of trees, shrubs or other vegetation shall be allowed within all yard spaces.

(Ord. of 11-23-09)

Editor's note— An ordinance of July 9, 2018, repealed § 3, which pertained to accessory structures and derived from an ordinance of May 23, 2005.

Notwithstanding the provisions of section 2 above, the following regulation shall apply in all zoning districts: No structure shall be erected and no vegetation shall be planted or allowed within the space between the heights of 3½ feet and ten feet above the street level in the triangle formed, at street intersections, by the two street lines and a third line joining points on the street lines 15 feet from the intersection.

a.

Structures permitted above the maximum heights provided in article V include roof structures for housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls; and skylights, cupolas, steeples, flagpoles, chimneys and antennae less than 12 feet in height. However, no roof structure, or any space above the height limit, shall be allowed for the purpose of providing additional floorspace for residential, business or manufacturing uses.

b.

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

Home occupation is allowed as an accessory use within all residential zoning districts, provided that it conforms to the following requirements:

a.

The occupation is clearly incidental to the use of the dwelling as a residence.

b.

It is conducted entirely within the dwelling only by members of the residing family.

c.

No more than 200 square feet of floor area is devoted to such use.

d.

It does not create a nuisance to neighboring dwellings or result in a substantial increase in traffic.

e.

There is no exterior building alteration or evidence of the occupation.

a.

The installation of individual sewage disposal systems (ISDS), or other facilities for the leaching of fluid waste into the soil, shall be set back from the water bodies listed in subsection c below, as follows, except where they are exceeded by state requirements:

(1)

For single-family homes: 125 feet.

(2)

For all other uses: 200 feet.

Setbacks shall be measured to the water body's average annual high-water mark, or biological edge of wetland, whichever is greater.

b.

Any such facility which cannot meet the setback requirements listed above shall require the issuance of a special use permit by the zoning board of review under the provisions of article XVI.

c.

The specific water bodies to which the setback requirements shall apply include, but are not limited to, the following: Pocasset Cedar Swamp; Sucker Brook; Sakonnet River; Creamer (Lent) Pond; Archer Brook; Sin and Flesh Brook; Quaket River; Basket Swamp; Borden Brook; Cedar Swamp; Seapowet Marsh; Adamsville Brook; Great Swamp; Nonquit Pond; Nonquit Brook; Almy Brook; Fogland Marsh; unnamed perennial streams as designated on the United States Geologic Service (USGS) quadrangle map; and any other waters or wetland as defined herein.

Stafford Pond and associated wetlands and watercourses within the Stafford Pond watershed overlay district shall have setbacks as established in article VIII of this ordinance.

a.

A platted unimproved street or road, also known as a "paper street", is an unaccepted street or road and shall remain such until improved to current town street standards, as specified in the Tiverton Land Development and Subdivision Regulations, and formally accepted by the town.

b.

Building permits shall not be issued for lots fronting on a platted, unaccepted street unless the unaccepted street or road serving the house lot is constructed in accordance with the following "standards for unaccepted streets" and completed along the entire length of the physical lot frontage as well as the length of the street, which is used to access the lot, to a stage of completion that is satisfactory to the director of public works.

c.

Prior to the start of any construction of an unaccepted street or road however, building permit applications along with plans detailing the location, design, and construction details of such street or road shall be submitted to the building official. The plans shall be prepared in accordance with the checklist for an administrative subdivision of the Tiverton Land Development and Subdivision Regulations. The building official shall transmit these plans with recommendations within five working days to the planning board and to the director of public works. The planning board shall review and approve/disapprove the plans within 40 working days. If approved, the planning board shall also require and set the surety for guarantee of completion of construction. All construction shall be inspected and approved by the director of public works.

d.

Each landowner served by such an unaccepted street or road shall be equally liable and responsible for maintenance and repair of that street or road. In addition, since it does not meet town standards, such an unaccepted street or road shall remain an unaccepted street or road.

e.

The town shall provide no services, such as trash pickup, road sanding or plowing, or road maintenance on unaccepted streets or roads.

f.

The following "standards for unaccepted streets" shall apply to streets or roads constructed after the date of the adoption of this ordinance.

Standards for unaccepted streets. Unimproved/unaccepted streets shall be constructed in accordance with the Tiverton Land Development and Subdivision Regulations and shall conform to all design, stormwater management and erosion and sediment control requirements with the exception of paving. If unpaved, such streets or roads shall comply additionally as follows:

1.

Minimum travel width: Two ten feet lanes, 20 feet total plus a minimum cleared shoulder width of five feet on both sides of the 20-foot street.

2.

Minimum curvature (centerline radius): 90 feet.

3.

Construction of a 20-foot "T shape turnaround," 25 feet in length, for the purpose of providing fire and emergency vehicle turn around and a place to deposit removed snow.

4.

The lot owner shall provide all easements that may be required for construction of the "T-shaped turnaround" as well as road construction.

5.

Construction standards:

a.

Top shall consist of three inches of compacted processed permeable material with aggregate no greater than three-fourths inch that is suitable for road travel, maintenance, plowing, etc.

b.

Base shall consist of 15 inches of compacted bank run or processed gravel, per the construction specifications appendix of the Tiverton Land Development and Subdivision Regulations.

(Ord. of 4-23-01(3); Ord. of 3-24-08(4))

a.

Under the following specified conditions a single lot with one principal structure contiguous to one or more adjoining lots, and under the same ownership as the single lot, shall be merged with the contiguous adjoining lot(s); all such lots shall be considered as an undivided parcel of land for the purposes of this section, and no single lot or portion thereof shall be used in violation of the lot width and area requirements of article V. These conditions are:

1.

Where that principal structure occupies a portion of the contiguous adjoining lot(s);

2.

Where the individual sewage disposal system serving that principal structure occupies a portion of the contiguous adjoining lot(s);

3.

Where an accessory structure to that principal structure occupies a portion of the contiguous adjoining lot(s);

4.

Where a portion of the contiguous adjoining lot(s) is used to fulfill the off-street parking, loading or unloading requirements of this section for the principal structure.

b.

However, if the above conditions are removed, such merged undivided parcels of land may be considered for subdivision in accordance with the town land development and subdivision regulations.

(Ord. of 3-22-04)

An application for development or redevelopment of the following uses additionally requires submission of the items listed below. An application for development or redevelopment shall not be considered complete without the submission of each item listed for the use.

A use that requires a Special Use Permit shall also be subject to the performance criteria for that use, if any. In the event of a conflict between performance criteria and specific and objective criteria for a Special Use Permit, the Special Use Permit criteria shall apply.

Unless otherwise indicated, an applicant may seek relief from a performance criteria by filing an application with the permitting authority for a dimensional variance under Article XVII of this Ordinance.

A.

Residential Uses (Article IV, Section 2).

Three-family dwelling.

(1)

Three-family dwellings shall be connected to public water and sewer.

(2)

Stacking of individual units on top of one another is prohibited.

Multi-family structure or apartment house (4 or more units), without public water and sewer.

(1)

In the Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business zones, the first floor on the building frontage may only be used for commercial and retail uses.

Multi-family structure or apartment house (4 or more units), with public water and sewer.

(1)

In the Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business zones, the first floor on the building frontage may only be used for commercial and retail uses.

Mixed-Use Residential.

(1)

Residential units are not permitted on the ground floor of any structure.

(2)

In the Waterfront Zones, Traditional Main Street District, Neighborhood Business District, and Pedestrian Friendly Destination District, total floor area dedicated to residential use shall not exceed 50% of the total ground floor area.

(3)

Mixed-use residential structures with four or more residential units shall be connected to public water and sewer.

(4)

In the Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business zones, the first floor on the building frontage may only be used for commercial and retail uses.

Hotel.

(1)

The building footprint is limited to a maximum of 20,000 square feet.

(2)

The building height is restricted to a maximum of 35 feet.

(3)

The facility shall be connected to public water and sewer systems.

(4)

The facility shall have staff present on-site 24 hours a day.

(5)

A circulation plan, stamped by a Rhode Island licensed civil engineer, must be submitted demonstrating:

i.

The safe movement of both pedestrians and vehicles throughout the site.

ii.

A designated drop-off area near an entrance to the building. This area shall not obstruct parking spaces.

(6)

The facility shall obtain approval from the Fire Marshal, confirming that fire safety standards are met.

(7)

A security plan must be developed by the applicant and approved by the Chief of Police or their designee before a certificate of occupancy is issued. The plan should include details on entrance procedures, police details, video surveillance, and lighting locations. The security plan, along with any amendments, must remain confidential to the extent possible and will not be submitted to the permitting authority. Written proof of approval by the Chief of Police or their designee must be provided in place of the plan submission.

Accessory building including a garage, shed, studio, and any other building incidental to and located on the same lot as the residential use permitted.

(1)

One detached accessory building is permitted per lot.

(2)

A detached accessory building shall not contain a kitchen or sleeping area but may be used in part or entirely as an office or recreation room.

(3)

See Article VI, Section 1(a).

B.

Farming or raising of animals (Article IV, Section 3).

Commercial raising of crops, including associated green house or nursey.

(1)

Plant agriculture shall be limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.

(2)

Greenhouses or nurseries, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season.

An accessory building or structure to be used for the display and sale of the agricultural products produced by the uses allowed herein on said land (otherwise known as a farmstand).

(1)

Sale of products is restricted to only those agricultural products produced by the uses allowed herein on said land.

(2)

The agricultural products sold from a farmstand on a lot may come from any lot or lots owned or leased by the seller of the product.

(3)

Resale of products is prohibited.

(4)

Only one farmstand is permitted per lot.

(5)

The farmstand is permitted in the front, rear and side yards but shall not obstruct the view of traffic and shall not be placed any closer than five feet to a lot line abutting any other lot.

Accessory building including a garage, greenhouse, stable, barn, pen, coop, kennel, crib, silo and any other building, equipment or activity incidental to, necessary for and located on the same lot as the agricultural use permitted.

(1)

The accessory structure may be used for educational purposes and programs offered by the property owner or agricultural and/or educational organization.

C.

Public and semipublic uses (Article IV, Section 4).

Nonprofit organization club, lodge, social, or community center building.

(1)

The building footprint may be no greater than 20,000 square feet.

(2)

In the R-120 and Waterfront zones, leasing of on-site facilities to third parties is prohibited.

(3)

In the R-120 and Waterfront zones, meals may be prepared and served on the premises for members and their guests only; no commercial kitchen is allowed.

(4)

No more than 30% of the gross floor area may be used as office space.

(5)

Sleeping facilities are prohibited.

(6)

In the R-120 and Waterfront zones, service of alcohol, including consumption of alcohol via bring-your-own-beer/bottled/wine/etc., is prohibited unless a One-Day License (Class F or F1) is issued by the Town Council.

(7)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods and stamped by a qualified engineer.

Art center.

(1)

The curriculum of the art center must be primarily visual art related.

(2)

No more than 30% of the gross floor area may be used as office space.

(3)

Display and sale of visual art created at or through the art center's programs is permitted.

(4)

A parking plan, stamped by a qualified engineer, at the Preliminary Plan stage of review, with safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(5)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Membership athletic club.

(1)

A parking plan with safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(2)

Clubhouses, maintenance buildings, equipment storage areas shall be at least 50 feet from residential property lines.

(3)

Lighting of outdoor sports fields and courts shall comply with ANSI/IES RP-6, Recommended Practice: Lighting Sports and Recreational Areas by the International Dark-Sky Association, or the most recently updated version.

(4)

All other outdoor recreational facility uses are accessory uses, except golf courses, stable, RV park, and shooting range, which are prohibited or not permitted in any zone.

(5)

Athletic tournaments hosted by or at the facility shall first obtain a special event permit, or its equivalent, from the Town Council. Athletic tournaments are the only special events that may be hosted at or by the facility.

Hospital.

(1)

In the Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business zones, the gross floor shall not exceed 40,000 square feet.

Medical center up to 20,000 square foot building footprint.

(1)

The facility shall be Dark Sky compliant.

(2)

Public water service shall be available at the site. The applicant must provide at the Preliminary Plan stage of review written confirmation from the applicable water and sewer authority that there is adequate service available for connection.

(3)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods. The parking plan shall be designed and stamped by a qualified engineer.

Medical center from 20,000 to 40,000 square foot building footprint.

(1)

The facility shall be Dark Sky compliant.

(2)

Public water and sewer service shall be available at the site. The applicant must provide at the Preliminary Plan stage of review written confirmation from the applicable water and sewer authority that there is adequate service available for connection.

(3)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods. The parking plan shall be designed and stamped by a qualified engineer.

Child day care center licensed by the state under G.L. § 42-12.5-1 et seq. (Licensing and Monitoring of Child Care Providers, and Adult Day Care Programs) licenses under G.L. § 23-1-52.

(1)

Site layout that includes a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces which is designed and stamped by a qualified engineer.

(2)

A parking plan with safe pedestrian circulation which is designed and stamped by a qualified engineer.

(3)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(4)

If a day care is located in a dwelling unit, no more than 50% of the GFA of the dwelling unit may be devoted to day care and no more than two persons who do not reside in the unit shall be employed by the day care.

Private school (Pre-K through 12).

(1)

Public water and sewer service shall be available at the site. The applicant must provide at the Preliminary Plan stage of review written confirmation from the applicable water and sewer authority that there is adequate service available for connection.

(2)

There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces which is designed and stamped by a qualified engineer.

(3)

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

(4)

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

(5)

The storage areas should be located in the rear of the lot. Any structures shall be located in front of the storage area to obscure the view of the storage from street(s), in compliance with the front yard setback requirement.

(6)

In terms of access, the volume of traffic shall not reduce the existing level of service as measured over the nine-month period prior to filing the Preliminary Plan Application, or shall be mitigated so as to not reduce the existing level of service over the same period. The level of service, and mitigation measures, shall be identified by a traffic engineer.

(7)

A traffic management plan, which includes strategies for limiting the impact of traffic on nearby residential areas, shall be submitted by a traffic engineer. This plan shall address the scheduling of classes to avoid peak traffic times, the promotion of ride-sharing or shuttle services, and the provision of adequate on-site parking.

(8)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods. The parking plan shall be designed and stamped by a qualified engineer.

(9)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Junior college, college or university.

(1)

Public water and sewer service shall be available at the site. The applicant must provide at the Preliminary Plan stage of review written confirmation from the applicable water and sewer authority that there is adequate service available for connection.

(2)

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

(3)

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

(4)

The storage areas should be located in the rear of the lot. Any structures shall be located in front of the storage area to obscure the view of the storage from street(s), in compliance with the front yard of the underlying zoning district.

(5)

In terms of access, the volume of traffic shall not reduce the existing level of service as measured over the nine-month period prior to filing the Preliminary Plan Application, or shall be mitigated so as to not reduce the existing level of service over the same period. The level of service, and mitigation measures, shall be identified by a traffic engineer. Access shall be designed to split the volume of traffic between at least two egress and ingress points.

(6)

A traffic management plan, which includes strategies for limiting the impact of traffic on nearby residential areas, shall be submitted by a traffic engineer. This plan shall address the scheduling of classes to avoid peak traffic times, the promotion of ride-sharing or shuttle services, and the provision of adequate on-site parking.

(7)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods. The parking plan shall be designed and stamped by a qualified engineer.

(8)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Private trade or professional school.

(1)

In the Waterfront district(s), the curriculum of private trade or professional schools must be primarily marine-related, reinforcing the Zone's focus on marine activities.

(2)

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

(3)

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

(4)

The storage areas should be located in the rear of the lot. Any structures shall be located in front of the storage area to obscure the view of the storage from street(s), in compliance with the front yard of the underlying zoning district.

i.

In the Waterfront Zone(s), storage areas must be located to minimize visibility first from the water and second from the street.

(5)

The storage and disposal of any hazardous waste materials shall comply with all federal, state, and local regulations governing such materials. No operation which produces hazardous waste material shall commence without prior notice to the Town Administrator.

(6)

In terms of access, the volume of traffic shall not reduce the existing level of service as measured over the nine-month period prior to filing the Preliminary Plan Application, or shall be mitigated so as to not reduce the existing level of service over the same period. The level of service, and mitigation measures, shall be identified by a traffic engineer. Primary access shall be through non-residential roadways. Access shall be designed to split the volume of traffic between at least two egress and ingress points.

(7)

A traffic management plan, which includes strategies for limiting the impact of traffic on nearby residential areas, shall be submitted by a traffic engineer. This plan shall address the scheduling of classes to avoid peak traffic times, the promotion of ride-sharing or shuttle services, and the provision of adequate on-site parking.

(8)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods.

(9)

A noise management plan must be submitted, demonstrating that noise levels will not exceed the limits set by Chapter 38, Article IV. The plan shall include measures to mitigate any potential noise disturbances.

Pharmacy (without drive-through).

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

(2)

Landscaping standards in the Land Development and Subdivision Regulations apply.

Car vault.

(1)

All on-site automotive mechanical and body work is prohibited.

(2)

Professional automotive detailing (i.e.; car washing, cleaning, waxing) is permitted.

(3)

An automated, or self-serve, car wash and/or cleaning facility is prohibited.

(4)

Outdoor vacuum stations are prohibited.

(5)

Commissioned automobile sales are permitted on site, and may be advertised digitally or in print, as an accessory use. Automobiles shall not be displayed with "For Sale," or similar, signs and shall not be designated to a certain area of the facility. A sales office for the purpose of selling automobiles is prohibited. Advertisements at the premises promoting the sale of automobiles is prohibited.

(6)

Automobiles auctions are prohibited unless permitted as a special event pursuant to Chapter 51 of the Code of Ordinances, from the Town Council.

(7)

A bar, dining area and/or commercial kitchen are only permitted if used by a private club that is based at the facility and may only be used by club members and their guests, or for club events. These facilities may also be used for special events that receive a special events permit, pursuant to Chapter 51 of the Code of Ordinances, from the Town Council.

(8)

Entry to the car vault, other than as part of a special event, shall be limited to members of the car vault and their guests. Entry by non-members for the purpose of viewing the automobiles and/or using the accessory accommodations shall be prohibited.

(9)

Automobile shows are a permitted accessory event and shall not require a special event permit pursuant to Chapter 51 of the Code of Ordinances.

i.

If outdoor automobiles shows are to be held, the land development application to the Planning Board shall include a site plan identifying at a minimum where the show automobiles shall be parked, where vendor displays shall be located, where visitors shall park, and shall include a circulation plan that accommodates safe transit for pedestrians. The site plan shall be stamped by an engineer licensed and registered in the State of Rhode Island.

ii.

If an outdoor automobile show is held, a private police detail shall be engaged to direct traffic at the site and at the intersection of Industrial Way and Fish Road. This requirement may be waived or modified at the discretion of the Tiverton Police Department.

iii.

An automobile show is defined as the display of automotive vehicles, not for sale, and may include third party vendors advertising but not selling on-site goods and services. The primary purpose is to allow the display of automobiles, to view automobiles owned by others, and educate participants and visitors about all things related to the automobiles.

(10)

The car vault shall meet the following parking requirements:

i.

Five (5) parking spaces, plus one (1) parking space for each automobile stored at the car vault.

(11)

If the car vault includes a bar, dining service and/or commercial kitchen, an additional one (1) parking space for every four (4) seats, or for every four (4) persons, of occupancy.

D.

Public utility uses (Article IV, Section 5).

Electric power substation.

(1)

Electric power substations must be set back a minimum of 500 feet from any residential zoning district or residential structure to reduce visual and noise impacts.

(2)

Electric power substations must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

(3)

Electric power substations shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

(4)

Electric power substations must be designed to minimize visual impact. This includes the application of neutral colors or camouflaging techniques to blend with the surrounding environment.

(5)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(6)

A noise management plan must be submitted, demonstrating that noise levels will not exceed the limits set by Chapter 38, Article IV. The plan shall include measures to mitigate any potential noise disturbances. The noise management plan shall be designed and stamped by a qualified engineer

(7)

No signage or advertising is permitted on the electric power substation structure itself, except for necessary safety or identification signs required by law.

E.

Open Recreation uses (Article IV, Section 6).

Driving tee or range, miniature golf course, or similar use operated for commercial purposes.

(1)

The aggregate size of all buildings shall not exceed 40,000 square feet.

(2)

Accessory facilities may include, but are not limited to: putting green, chipping area, pro shop, food and beverage service.

(3)

The tee area of a driving tee or range where balls, shall be not less than 200 feet from any property in a residential district or less than 20 feet from any street.

(4)

An outdoor driving tee or range shall have netting systems along the perimeter of the range, and tall enough, to catch golf balls and protect surrounding areas. The materials used for netting and fencing shall be durable and able to withstand the impact of golf balls.

(5)

Lighting shall be Dark Sky compliant and shall utilize LED lights.

(6)

Evidence that an outdoor driving tee or range has a layout that prioritizes maintaining ecologically significant trees (as determined by the tree warden) and avoids clearing trees.

(7)

Evidence that the configuration of the outdoor driving tee or range is compact, incorporates multilevel tees and shorter physical fairways while using virtual simulations for longer shots.

(8)

The layout of the outdoor driving tee or range shall locate tees and practice areas in, and to drive into, natural clearings to reduce disturbances to vegetation.

(9)

If trees are removed, they shall be replaced on-site in a 3:1 ratio with noninvasive, locally adapted trees and plants.

(10)

Evidence that native and drought-tolerant vegetation is used for landscaping with the goal to reduce water demand and to improve biodiversity.

(11)

Buffer zones populated with shrubbery and trees shall be created along all property boundaries abutting a residential zone or residential use.

(12)

An outdoor driving tee or range shall utilize a drip irrigation system, or better/more ecologically efficient system, for pinpoint watering and to reduce water waste.

(13)

As much as possible, an outdoor driving tee or range shall use low-impact, eco-friendly synthetic turf if applied, made with non-toxic and recyclable components/materials.

(14)

An outdoor driving tee or range shall submit a maintenance plan that includes an eco-friendly pest and weed management program that avoids chemicals harmful to the environment.

F.

Office uses (Article IV, Section 7).

Professional home office.

(1)

All services must be provided indoors.

(2)

Interior space dedicated solely to professional home office use shall not exceed 350 square feet.

(3)

Not to employ more than one additional employee beyond home occupant.

(4)

Off-street parking shall be provided for any employee and/or clients/customers.

Professional and General Office.

(1)

The building footprint may be no greater than 20,000 square feet.

(2)

Meals may be prepared and served on the premises for office staff and their guests only; no commercial kitchen is allowed.

(3)

On-site retail sales to the public may only be an accessory use.

(4)

Fabricating, assembling, or warehousing of physical products for the retail or wholesale market, or engaged in the repair of products or retail services, on-site is prohibited.

G.

Restaurants and entertainment (Article IV, Section 8).

Restaurants, not including entertainment.

(1)

The main restaurant structure shall be set back 100 feet from any residential use or zone, measured at the property line.

i.

This setback may be proportionally reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the Zone in which the lot is located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of the minimum lot area required in the Zone in which it is located, the setback may be reduced to forty percent (40%).

ii.

This criterion does not apply to the Waterfront Zone(s).

iii.

The Planning Board, for good cause shown, may increase the required setback.

(2)

All waste disposal areas and equipment shall be screened from view.

(3)

Screening shall be provided between the restaurant and any adjacent residential uses. This screening may include a combination of the following:

i.

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.

ii.

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.

H.

Service business (Article IV, Section 9).

Veterinary office or animal hospital.

(1)

Veterinarian Outpatient Clinics shall be designed, constructed and maintained so that sound emitted through exterior walls and roofs enclosing areas where animals are treated or kept during treatment shall not exceed forty-five (45) decibels, measured by DBA Scale.

(2)

A noise management plan must be submitted, demonstrating that noise levels will not exceed the limits set by Chapter 38, Article IV. The plan shall include measures to mitigate any potential noise disturbances. This requirement shall not apply to a clinic composed only of a structure where small animals or pets are given medical or surgical treatment and are cared for during the time of such treatment only. Such clinic must be within a completely enclosed building, with no outside facilities or accessory structures for animals. There shall be no grooming or boarding of animals except as required for medical treatment.

(3)

Animals shall be housed within a building. The facility is not permitted to have outdoor areas designed for long-term occupancy.

(4)

There may be provision for a single dwelling unit for an on-site caretaker or animal keeper.

(5)

Public water service shall be available at the site. The applicant must provide at the Preliminary Plan stage of review written confirmation from the applicable water and sewer authority that there is adequate service available for connection.

Pet Grooming.

(1)

There shall be no more than three (3) pet washing stations in the pet grooming facility.

(2)

Accessory sales are permitted.

(3)

An outdoor kennel is prohibited.

General automotive repair shop.

(1)

All repair and service shall be performed within a fully enclosed building containing the proper equipment to manage and contain oil, grease, gasoline, and other chemicals and/or solvents.

(2)

The open lot storage area must be completely enclosed by a solid fence or wall, or a vegetated buffer, including gates for ingress and egress. When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(3)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(4)

No automobiles shall be stored, and no repair and/or service work shall be conducted in the public right-of-way.

(5)

No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage.

Vehicle rental agency.

(1)

The vehicle rental agency must only rent passenger vehicles and vans on-site. Commercial vehicle rentals or rental of heavy equipment is prohibited.

(2)

A parking plan with safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(3)

The open lot storage area must be completely enclosed by a solid fence or wall, or a vegetated buffer, including gates for ingress and egress. When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(4)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(5)

The parking area must provide sufficient parking for the vehicle rental agency vehicles and customers.

(6)

Servicing of the agency's vehicles is permitted on-site when conducted completely inside a structure containing the proper equipment to manage and contain oil, grease, gasoline, and other chemicals and/or solvents.

Storage, repair and sales of boats and marine accessories.

(1)

In the Waterfront W1 Zone, the aggregate footprint of all structures may be no greater than 20,000 square feet.

(2)

In the Waterfront W2 Zone, the aggregate footprint of all structures may be no greater than 10,000 square feet.

(3)

Facilities for the storage, repair, and sales of boats and marine accessories must have direct access from a public street.

Marina or boat yard.

(1)

In the Waterfront W1 Zone, the aggregate footprint of all structures may be no greater than 40,000 square feet.

(2)

In the Waterfront W2 Zone, the aggregate footprint of all structures may be no greater than 10,000 square feet.

(3)

Other than the storage of vessels, the storage areas shall first be located in the side yards and shall be set back a minimum of 40 feet from front or corner lot line. Storage of vessels in the side yard, where there is an abutting residential use, shall be set back a minimum of 20 feet.

(4)

The number of vessels stored outside on land from November 1 to March 31 shall not exceed the aggregate number of dock slips and mooring buoys of the marina.

(5)

A noise management plan that shows that the subject development will not negatively impact the noise levels beyond the lot lines.

(6)

The storage and disposal of any hazardous waste materials shall comply with all federal, state, and local regulations governing such materials. No operation which produces hazardous waste material shall commence without prior notice to the Town Administrator.

I.

Retail business (Article IV, Section 10).

Retail businesses of less than 20,000 square foot building footprint.

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

(2)

Landscaping standards in the Land Development and Subdivision Regulations apply.

Retail business of less than 20,000 square foot building footprint, with liquor license.

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

(2)

Landscaping standards in the Land Development and Subdivision Regulations apply.

(3)

All waste disposal areas and equipment shall be screened from view.

(4)

Screening shall be provided between the structure where alcohol is served and/or consumed and any adjacent residential uses. This screening 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.

(5)

The business shall not employ flashing, laser, or strobe lights that are visible outside the building.

(6)

The maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times and must comply with Chapter 38, Article IV, of the Tiverton Code of Ordinances.

(7)

Exterior lighting must be designed and installed to prevent light form spilling onto adjacent residential properties. All lighting fixtures shall be dark sky compliant and shielded and directed downward.

Retail business between 20,000 square foot and 40,000 square foot building footprint.

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

(2)

Landscaping standards in the Land Development and Subdivision Regulations apply.

Mixed use complex: structure of up to 20,000 square foot building footprint for retail, commercial, or office uses.

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

Mixed use complex: structure of over 20,000 and up to 40,000 square foot building footprint for retail, commercial, or office uses.

(1)

Parking area shall primarily be to the side and rear of the primary structure. In the Waterfront Zone(s), parking between the primary structure and water shall be the last option.

Mixed use complex: Structure over 40,000 square foot building footprint for retail, commercial, or office uses.

(1)

Structures used for this purpose are permitted by right to have a maximum footprint of 100,000 square feet in the Highway Commercial and PDP Zones.

(2)

Parking area shall primarily be to the side and rear of the primary structure.

Retail sales accessory to the manufacture or assembly of products on the premises.

(1)

In the Waterfront W1 Zone, the aggregate footprint of all structures may be no greater than 40,000 square feet.

(2)

In the Waterfront W2 Zone, the aggregate footprint of all structures may be no greater than 10,000 square feet.

(3)

In the General Commercial Zone, the aggregate footprint of all structures may be no greater than 20,000 square feet.

(4)

In the Waterfront Zones, retail sales of items are restricted to those products and goods commonly sold in support of marine related uses.

(5)

Open lot storage areas must be defined and separated from parking areas through fencing, screening, or other mechanism approved by the permitting authority.

(6)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

Retail sales and/or rentals with open lot storage (other than display for sale).

(1)

Open lot storage areas must be defined and separated from parking areas through fencing, screening, or other mechanism approved by the permitting authority.

(2)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(3)

The storage area must be completely enclosed by a solid fence or wall, including gates for ingress and egress.

(4)

Fences or walls along the front or corner side lot line must be set back a minimum of thirty (30) feet from the property line.

(5)

When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(6)

Storage of items outside the fenced area is prohibited.

(7)

In the Waterfront Zone(s), storage areas must be located to minimize visibility first from the water and second from the street.

(8)

In the Waterfront Zones(s), this use is restricted to marine-related retail activities to ensure alignment with the district's intended purpose and character.

(9)

In the General Commercial and Highway Commercial Zones, the aggregate footprint of all structures may be no greater than 20,000 square feet.

Auto, Truck or other motorized vehicle sales in a building (including repairs) or an open lot.

(1)

Open lot storage area shall not be used for customer or employee parking purposes or to meet the minimum parking requirements.

(2)

All repair and service shall be performed within a fully enclosed building containing the proper equipment to manage and contain oil, grease, gasoline, and other chemicals and/or solvents.

(3)

No automobiles shall be stored, and no repair and/or service work shall be conducted in the public right-of-way.

(4)

When adjacent to a residential zone or use, screening and a vegetated buffer shall be provided. When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

Trailer sales, service and storage.

(1)

Open lot storage area shall not be used for customer or employee parking purposes or to meet the minimum parking requirements.

(2)

All repair and service shall be performed within a fully enclosed building containing the proper equipment to manage and contain oil, grease, gasoline, and other chemicals and/or solvents.

(3)

No automobiles shall be stored, and no repair and/or service work shall be conducted in the public right-of-way.

(4)

When adjacent to a residential zone or use, screening and a vegetated buffer shall be provided. When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

J.

Transportation uses (Article IV, Section 11).

Commercial Marina.

(1)

In the Waterfront W1 Zone, the aggregate footprint of all structures may be no greater than 40,000 square feet.

(2)

In the Waterfront W2 Zone, the aggregate footprint of all structures may be no greater than 10,000 square feet.

(3)

Other than the storage of vessels, the storage areas shall first be located in the side yards and shall be set back a minimum of 40 feet from front or corner lot line.

i.

Storage of vessels and traps in the side yard, where there is an abutting residential use, shall be set back a minimum of 20 feet.

ii.

Storage of traps in the front yard shall be prohibited.

(4)

The number of vessels stored outdoors on land from November 1 to March 31 shall not exceed the aggregate number of dock slips and mooring buoys of the marina.

(5)

A noise management plan that shows that the subject development will not negatively impact the noise levels beyond the lot lines. Noise shall be kept to a minimum at all times and any loud noise, prolonged running of engines or auxiliary generators, between 8:00 p.m. and 7:00 a.m. is prohibited. For purposes of this standard, "prolonged" is defined as uninterrupted operation for 15 minutes per hour.

(6)

The storage and disposal of any hazardous waste materials shall comply with all federal, state, and local regulations governing such materials. No operation which produces hazardous waste material shall commence without prior notice to the Town Administrator.

(7)

All lighting on the site shall be Dark Sky compliant and directed away from neighboring residential properties.

(8)

Screening shall be provided between the marina and any adjacent residential uses. This screening may include a combination of the following:

i.

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.

ii.

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.

(9)

The processing, storage, or sale of product harvested or caught from the sea shall only occur inside an enclosed building.

(10)

Hours of operation for the unloading of product harvested or caught from the sea shall be restricted to 7:00 a.m. to 7:00 p.m.

(11)

If fishing, sight-seeing, or similar charters are conducted by a vessel docked at the marina, those charters may only be operated between the hours of 7:00 a.m. and 7:00 p.m.

(12)

Waste from product caught or harvested from the sea shall only be stored inside a building, or in airtight containment system, which shall prevent odor or attraction of pests.

(13)

Storage and processing of product caught or harvested from the sea shall only be stored inside a building, or in airtight containment system, which shall prevent odor or attraction of pests.

(14)

The idling of delivery vehicles shall be restricted to the time necessary to load/unload cargo.

(15)

While docked, vessels must be fully rigged and meet all applicable requirements for the vessel's permit.

(16)

While docked, vessels shall be maintained in working condition.

(17)

Repair work performed on vessels while docked must be accomplished in such a manner as to avoid interference with any other user and must not constitute any hazard to people or property.

i.

Welding and similar hot work must first receive a permit from the Fire Marshall.

(18)

Bait shall be properly stored and covered on board the vessel and in a manner that shall prevent odor or attraction of pests.

(19)

Lobster and other trap storage on land shall:

i.

Only be allowed for those vessels with a dock at the marina.

ii.

Not include storage of rope, buoys or repair materials.

iii.

Be stacked in a neat and orderly fashion.

(20)

No one is permitted to live, either temporarily or permanently, aboard a vessel.

(21)

Parking:

i.

The marina shall provide on-site parking at a minimum ratio of two (2) parking spaces per one (1) boat slip.

ii.

Parking shall be buffered from residential zones and uses as above.

iii.

To the extent not governed by the Rhode Island Department Environmental Management or Coast Resources Management Council:

a.

Parking shall not be located below the ordinary high-water level.

b.

A landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking.

K.

Wholesale business and storage (Article IV, Section 12).

Wholesale business and storage of nonflammable and non-explosive material in a building.

(1)

In the Waterfront Zone(s), the use must be related to marine materials and services.

(2)

Structures used for this purpose are permitted by right up to a maximum of 20,000 square feet in the Waterfront W1 and General Commercial Zones.

(3)

Structures used for this purpose are permitted by right up to a maximum of 40,000 square feet in the Highway Commercial, Industrial, and PDP Zones.

(4)

When adjacent to a residential zone or use, screening and a vegetated buffer shall be provided. When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

Wholesale business which may include open lot storage of materials, products, and/or construction or other equipment.

(1)

Open lot storage areas must be defined and separated from parking areas through fencing, screening, or other mechanism approved by the permitting authority.

(2)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(3)

The storage area must be completely enclosed by a solid fence or wall, including gates for ingress and egress.

(4)

Fences or walls along the front or corner side lot line must be set back a minimum of thirty (30) feet from the property line.

(5)

When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(6)

Storage of items outside the fenced area is prohibited.

(7)

When adjacent to a residential use or structure, deliveries made by any vehicle over two axels shall be confined to the hours of 7:00 a.m. and 9:00 p.m.

Mini-storage facility.

(1)

All exterior lighting for a storage facility shall be Dark Sky compliant.

(2)

There shall be adequate provision for fire apparatus to be able to have access to all sides of the building and in compliance with the Rhode Island Fire Code.

(3)

The exterior of the building that is visible from a public way, public street, or any residential dwelling shall utilize natural materials such as stone, brick, wood, stucco, cement, earth-toned vinyl, or other natural or synthetic materials with a natural appearance.

(4)

Public access to the facility is not permitted between the hours of 10:00 p.m. and 6:00 a.m.

(5)

All mechanical components for the facility, including air conditioning and heating units, gas supply meters, and the like, shall either be roof mounted and adequately shielded from view from a public way or street or, if ground mounted, adequately shielded from view by appropriate plantings and landscaping.

(6)

To the extent any portion of the building is visible from a residential dwelling, there shall be adequate plantings with native bushes, shrubs, and the like, to shield the building from view as much as possible, but in no way should this performance standard require a building setback beyond the setbacks already provided for in the Industrial Zone.

(7)

There shall be a twenty-foot landscaped buffer installed along all street frontages. Along all other property lines, a six (6) foot high fence shall be installed and maintained around the perimeter of the property.

(8)

All property storage on the site shall be entirely within the enclosed building(s).

(9)

The use of the facility shall be limited to the storage of personal property. No garage sales, servicing or repair of vehicles or appliances, commercial business or other similar activities shall be conducted on the premises.

(10)

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods. The parking plan shall be designed and stamped by a qualified engineer.

(11)

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(12)

The facility shall be sited and screened to minimize the aesthetic effect on viewsheds within the community. The design shall incorporate landscaping and design elements to visually screen the facility from view of public roads and adjoining properties. If planting is required within the designated setback due to a lack of natural screening, such plantings shall be a minimum of six feet in height at the time of installation. In an Industrial Zone, no additional visual screening will be required unless the project abuts a non-conforming residential use, a public right-of-way, or another zone either directly or across a public right-of-way. The planning board may reduce the setback in the Industrial Zone where any existing building provides sufficient screening to minimize the aesthetic effect of the facility on view sheds within the community. The planning board may alter the buffer width or require additional screening elements dependent on site characteristics such as slope, wetland area, existing buffering, etc.

(13)

The required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database. The planning board shall require an independent review, at the applicant's expense, of the visual screening/buffering plan by a registered Rhode Island Landscape Architect to demonstrate that the landscape buffer is adequate to screen the facility year-round consistent with the standard as set forth above.

(14)

Required visual screening shall be maintained for the life of the use. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the zoning official.

Retail outlet accessory to a wholesale or storage use.

(1)

The aggregate footprint of all structures shall not exceed 20,000 square feet in the Waterfront W1 and General Commercial Zones.

(2)

The aggregate footprint of all structures shall not exceed 40,000 square feet in the Highway Commercial, Industrial and PDP Zones.

(3)

In the Waterfront Zone(s), the use must be related to marine materials and services.

(4)

Open lot storage areas must be defined and separated from parking areas through fencing, screening, or other mechanism approved by the permitting authority.

(5)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

L.

Industrial uses (Article IV, Section 14).

Manufacturing, storing, processing, fabricating, activities in conformance with article XIII.

(1)

In the Waterfront W1 and Industrial Zones, the aggregate footprint of all structures may be no greater than 40,000 square feet.

(2)

In the Waterfront W2 Zone, the aggregate footprint of all structures may be no greater than 10,000 square feet.

(3)

The open lot storage area must be clearly defined on the site plan to ensure compliance with zoning regulations and proper site organization. Storage of items outside the fenced area is prohibited.

(4)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(5)

In the Waterfront Zone(s) the use is restricted to marine related manufacturing, storing, processing, and fabricating.

(6)

Fences or walls along the front or corner side lot line must be set back a minimum of thirty (30) feet from the property line.

(7)

When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(8)

When adjacent to a residential use or structure, deliveries made by any vehicle over two axels shall be confined to the hours of 7:00 a.m. and 9:00 p.m.

Product assembly, including, but not limited to, electronic items, computers, optical goods and instruments, laboratory and scientific instruments, watches and clocks, games and toys, and advertising displays.

(1)

Open lot storage areas must be defined and separated from parking areas through fencing, screening, or other mechanism approved by the permitting authority.

(2)

Open lot storage area shall not be used for parking purposes or to meet the minimum parking requirements.

(3)

The storage area must be completely enclosed by a solid fence or wall, including gates for ingress and egress.

(4)

Storage of items outside the fenced area is prohibited.

(5)

Fences or walls along the front or corner side lot line must be set back a minimum of thirty (30) feet from the property line.

(6)

When chain link fencing is used, shrubs with a minimum height of five (5) feet shall be planted linearly every ten (10) feet on-center along the fence or wall to enhance visual screening.

(7)

Storage of items outside the fenced area is prohibited.

(8)

When adjacent to a residential use or structure, deliveries made by any vehicle over two axels shall be confined to the hours of 7:00 a.m. and 9:00 p.m.

(Ord. No. 2025-0001, § 6, 2-24-25; Ord. No. 2025-0006, § 3, 4-21-25; Ord. No. 2025-0010, § 5, 6-9-25)