Westerly City Zoning Code
ARTICLE V
Standard Zoning District Dimensional Regulations
§ 260-19 Minimum dimensional requirements.
See Schedules of Dimensional Regulations included as an attachment to this chapter.
§ 260-20 Standard dimensional regulations.
A.
Building height.
[Amended 4-23-2012 by Ch. No. 1768; 10-21-2013 by Ch. No. 1800; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
(1)
For a proposed new building on a vacant parcel of land, building height shall be measured from the average existing grade elevation where the foundation of the structure is proposed (Figure 1-1).
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(2)
For an existing structure, building height shall be measured from the average existing grade taken from the outermost four corners of the existing foundation.
(3)
The permitted finished grade shall be in accordance with § 260-20B.
(4)
In all cases, building height is measured to the top of the highest point of the existing/proposed roof or structure.
(a)
This calculation does not include architectural features, church spires, chimneys, flagpoles, antennas, and weather vanes. Also, this calculation does not include roof-mounted solar energy systems, plumbing, electrical, heating, ventilating and air-conditioning mechanical equipment, provided that it does not exceed four feet from the highest point of the roof where it is located. Finally, this calculation does not include that portion of a building necessary to accommodate an elevator overrun, provided that it does not exceed four feet from the highest point of the roof where it is located.
(5)
For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) Suggested Design Elevation Three-Foot Sea Level Rise (CRMC SDE 3 SLR) Map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:
(a)
The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation (Figure 1-2); or
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(b)
The suggested design elevation as depicted on the CRMC SDE 3 SLR Map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every 10 years, or as otherwise necessary (Figure 1-3).
Figure 1-3  |
In no case shall any designated freeboard or any area beneath either the BFE or design elevation in a flood zone be used as habitable space or for any use other than storage, parking of vehicles or means of egress. |
(6)
If a structure is built in an area with a grade cut, the building height shall be measured from the finished grade after the grade cut.
B.
Limitation on fill and cut.
[Amended 10-21-2013 by Ch. No. 1800; 10-26-2020 by Ch. No. 1997; 11-22-2021 by Ch. No. 2011]
(1)
Other than in the Aquifer and Wellhead Protection Overlay District, § 260-52, the finished grade surrounding a building may be adjusted to a level not to exceed four feet above or below the average of the existing elevation of the existing grade at the proposed four corners of the building.
(a)
In the Aquifer and Wellhead Protection Overlay District, the finished grade surrounding a building may be adjusted to a level not to exceed two feet above or below the average existing elevation of the existing grade at the proposed four corners of the building.
(2)
For any property located in a Coastal A or VE Flood Zone, the finished grade may be adjusted to a level not to exceed two feet above or below existing grade throughout the property.
(3)
The adjustment of grade on a vacant or undeveloped portion of a lot may be cut or filled by right up to four feet. The adjustment of grade cut or fill, on any lot which exceeds four feet, shall require a land disturbance permit including plans stamped by a registered professional engineer in the State of Rhode Island and be approved by the Town Engineer.
(4)
In all cases, fill above existing grade shall be deducted from building height.
C.
Lot width. In the event that a lot contains only three sides, the width of the lot shall be the distance between side lot lines, measured at the required front yard depth. The rear yard shall be measured from a line 10 feet in length entirely within the lot parallel to the front lot line.
D.
Lot frontage. The following rules apply to measuring lot frontage:
(1)
Only contiguous road frontage shall be used in measuring lot frontage.
(2)
If the front yard of a lot abuts a curve or a cul-de-sac, the frontage of the lot shall be the distance between the two side lot lines measured at the required front yard depth.
(3)
On a corner lot, the shorter street frontage shall be considered the front lot line, and the longer street frontage shall be considered a side lot line. The front yard depth shall conform to the requirement in § 260-19. The street side yard shall be equal to the average of the required front yard and side yard dimensions.
E.
Required yards/open space.
(1)
No lot area shall be reduced so that yard, total area and lot frontage shall be less than prescribed for the district in which the lot is located. No yard or open space required by this chapter for any building shall be deemed to satisfy the yard or open space requirement for any other building.
(2)
The space in a required front, side, or rear yard shall be open and unobstructed and in accordance with the following:
(a)
Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, covered patios, decks and similar projections attached to a principal building shall be considered parts of the building and shall not project into the required yards. When such structures are not attached to the principal building they shall be considered accessory structures and shall be governed by the provisions of § 260-66.
(b)
A building may not overhang its foundation and project into a required yard. Ordinary projections of window sills, cornices and other ornamental features may extend up to 12 inches into a required yard. Stairways shall not extend into the required yard more than three feet.
F.
Vision clearance at corners. At street intersections in all districts, except Downtown Center 1, no building or structure shall be erected and no vegetation shall be maintained between the heights of two feet and 10 feet above the triangle formed by the two street lines and a third line joining points of the street lines 30 feet from the intersection. It shall be the duty of the Director of Public Works to enforce this provision on vision clearance.