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1
TOWN OF NARRAGANSETT TOWN COUNCIL
NOTICE OF PUBLIC HEARING
AMENDMENTS TO CHAPTER 731 OF THE CODE OF ORDINANCES
OF THE TOWN OF NARRAGANSETT ENTITLED
"AN ORDINANCE IN RELATION TO ZONING"
Public Notice is hereby given that the Town Council of the Town of Narragansett will hold a Public
Hearing at 7:30 p.m. on Monday, December 4, 2023, in the Town Council Chamber, Town
Hall, 25 Fifth Avenue, Narragansett, RI 02882, in accordance with RI General Laws Chapter 45-
24-53 for the purpose of amending several sections within Chapter 731 of the Code of Ordinances
of the Town of Narragansett entitled "Zoning".
The purpose of this hearing is to review proposed text amendments to various sections of the Zoning
Ordinance to comply with recent mandates adopted by the Rhode Island General Assembly. The
changes include the following:
(Only the following sections would be amended and any text not cited, or cited but not
underlined or crossed out, remains unchanged. Text deletions are crossed out; Text additions
are underlined)
Section 1: Section 2, (Definitions) of Chapter 731 of the Code of Ordinances of the Town of
Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by adding or
modifying the following terms and definitions as follows:
SECTION 2.2 - DEFINITIONS
Adaptive reuse. The conversion of an existing structure from the use for which it was constructed
to a new use by maintaining elements of the structure and adapting such elements to a new use
(from RIGL 42-64.22-2).
Adjustment(s). A request or requests by the applicant to seek relief from the literal use and
dimensional requirements of the municipal zoning ordinance and/or the design standards or
requirements of the municipal land development and subdivision regulations. (Note: "adjustments"
only apply to Comprehensive Permit projects.) The standard for the local review board's
consideration of adjustments is set forth in R. I Gen. Laws § 45-53-4(D(2)(iii)(E)(II) and is reflected
in Section 7.A1 of this ordinance.
Affordable housing plan. The affordable housing component of the housing element of the Town
of Narragansett's adopted Comprehensive Plan as defined in § 45-22.2-4(1) that is prepared in
2
accordance with guidelines adopted by the state planning council, and/or to meet the provisions of
§ 45-53-4(b)(1) and (c).
Consistent with local needs. Reasonable in view of the state need for low- and moderate-income
housing, considered with the number of low-income persons in the town affected and the need to
protect the health and safety of the occupants of the proposed housing or of the residents of the
town, to promote better site and building design in relation to the surroundings, or to preserve open
spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as
equally as possible to both subsidized and unsubsidized housing. Local needs are identified in the
adopted Comprehensive Plan.
Group Homes. A community residence providing care or supervision, or both, to not more than
eight (8) persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;
Infeasible. Any condition brought about by any single factor or combination of factors, as a result
of limitations imposed on the development by conditions attached to the approval of the
comprehensive permit, to the extent that it makes it financially or logistically impracticable for any
applicant to proceed in building or operating low- or moderate-income housing within the
limitations set by the subsidizing agency of government or local review board, on the size or
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and
income permissible, and without substantially changing the rent levels and unit sizes proposed by
the applicant.
Letter of eligibility. A letter issued by the Rhode Island Housing and Mortgage Finance Corporation
in accordance with RIGL 42-55-5.3(a)
Local Review board. The Town Planning Board as defined by § 45-22.2-4
Meeting local housing needs. As a result of the adoption of the implementation program of an
approved affordable housing plan and, the absence of unreasonable denial of applications that are
made pursuant to an approved affordable housing plan in order to accomplish the purposes and
expectations of the approved affordable housing plan, and a showing that at least twenty percent
(20%) of the total residential units approved by a local review board or any other municipal board
in a calendar year are for low- and moderate-income housing as defined in § 42-28 128-8.1.
Modification. Permission granted and administered by the zoning enforcement agency of the town,
and pursuant to the provisions of this chapter contained herein to grant a dimensional variance other
than lot area requirements from the zoning ordinance to a limited degree as determined by the
zoning ordinance of, but not to exceed 15 percent of each of the applicable dimensional
requirements except the lot area requirements. (Modifications are not permitted under this
ordinance.)
Monitoring agents. Those monitoring agents appointed by the Rhode Island Housing Resources
Commission pursuant to RIGL 45-53-3.2 and to provide the monitoring and oversight set forth in
RIGL including but not limited to RIGL 45-53-3.2 and 45-53-4
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Orphanages - a community residence for children providing care or supervision, or both, to not
more than eight (8) children, including those of the caregiver, and licensed by the state pursuant to
chapter 72.1 of title 42;
Unified Development. The process by which the Planning Board is authorized to review and
approve dimensional variances for properties undergoing review as a minor land-development or
minor subdivision project. This process is to be known as Unified Development Review (UDR) as
enumerated in R.I. General Laws § 45-23-50.1. UDR shall not be available for major land-
development or major subdivision projects and UDR shall not be available for projects seeking the
grant of a use variance.
(b) Dimensional variance. Permission to depart from the dimensional requirements of a zoning
ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that
there is no other reasonable alternative way to enjoy a legally permitted beneficial use or special
use of the subject property unless granted the requested relief from the dimensional regulations.
However, the fact that a use may be more profitable or that a structure may be more valuable after
the relief is granted are not grounds for relief. under the applicable standards set forth in RI Gen.
Laws § 45-24-41 and as set forth in Section 11 of this ordinance.
Section 2: Section 2, (Definitions) of Chapter 731 of the Code of Ordinances of the Town of
Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by deleting the
following definitions of "comprehensive plan", "low or moderate income housing", and "municipal
government subsidy", and replacing them with the following text:
Comprehensive plan. The adopted comprehensive plan of the Town of Narragansett.
Low or moderate-income housing. Affordable housing (as defined in this ordinance and in R.I.
Gen. Laws § 42-128-8.1(d), as amended) that satisfies the criteria for "low or moderate income
housing" under R.I. Gen. Laws § 45-53-3(5), as follows:
- Subsidized by a federal, state, or municipal government subsidy under any program to assist the
construction or rehabilitation of housing; and
- Affordable to low or moderate income households, as defined in the applicable federal or state
statute, or local ordinance; and
- Subject to a land lease and/or deed restriction that assures such affordability for 99 years or such
other period that is either agreed to by the applicant and town or prescribed by the federal, state,
or municipal government subsidy program but that is not less than 30 years from initial
occupancy.
Municipal government subsidy. Assistance that is made available through a town program
sufficient to make housing affordable, as affordable housing is defined in this ordinance and in
R.I. Gen. Laws § 42-128-8.1(d)(1). Such assistance may include, but is not limited to, direct
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses
and/or internal subsidies, and any combination of forms of assistance.
4
Comprehensive Plan. The comprehensive plan adopted and approved by the Town pursuant to
chapters 22.2 and 22.3 of RI General Laws Title 45.
Low or moderate-income housing. Shall be synonymous with "affordable housing" as defined in
Affordable housing (as defined in this ordinance and in R.I. Gen. Laws § 42-128-8.1, as amended)
that satisfies the criteria for "low or moderate income housing" under R.I. Gen. Laws § 45-53-3(5),
as follows:
subsidized by a federal, state, or municipal government subsidy under any program to assist
the construction or rehabilitation of affordable housing; and
subject to a land lease and/or deed restriction that assures such affordability for ninety-nine
(99) years or such other period that is either agreed to by the applicant and town or
prescribed by the federal, state, or municipal government subsidy program but that is not
less than thirty (30) years from initial occupancy.
Municipal government subsidy. Assistance that is made available through a town program sufficient
to make housing affordable, as affordable housing is defined in this ordinance and in R.I. Gen. Laws
§ 42-128-8.1(d)(1). Such assistance shall include a combination of, but is not limited to, direct
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses
and/or internal subsidies, zoning incentives and adjustments as defined in this ordinance and any
combination of forms of assistance.
Section 3: Section 4, (Overlay Districts) of Chapter 731 of the Code of Ordinances of the Town of
Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended in Section 4.8.1.7
(Breakwater Village special district- Public hearing notice requirement) with the following text:
7. Public hearing notice requirement. Within the Breakwater Village special district the following
notice requirements for a public hearing on an application for a variance or special use permit shall
govern in place of the notice requirements regarding property owners as contained within section
11.3(2) of this ordinance:
(a) All property owners of record of land within 200 feet of Plat M, Lot 167-1 shall be
notified by first class certified mail at least two weeks 14 days prior to the hearing. The
sender of the notice shall submit a notarized affidavit to attest to this mailing.
(b) Within Plat M, Lot 167-1, all unit owners within 200 feet of the individual unit which is
the subject of the application shall be notified by first class mail U.S. postal/certificate of
mailing which shall be postmarked at least two weeks prior to the public hearing. The sender
of the notice shall submit a notarized affidavit to attest to this mailing.
Section 4: Section 6, (Zone Regulations) of Chapter 731 of the Code of Ordinances of the Town
of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by relocating
5
the table from Section 6.3 (prohibited uses) to Section 6.1 (Use regulations) in its entirety and
amending it with the following text:
6.1. - Use regulations.
The following Table of Use Regulations lists the use regulations for land and structures in each
zone, subject to all other provisions of this ordinance. The following symbols indicate the status of
each use:
P
= Permitted use
X
= Prohibited use
S
= Use allowed by use permit; site plan review and approval required
A
= Accessory use
NA
= Not applicable
TABLE OF USE REGULATIONS
Code Description
R-
80
R-
40
R-
20
R-
10
R-
10A BA BB BC IA IB P
Comments
0
Residential
01
Single-family detached
dwelling
P* P* P* P* P*
X X X X X P See Section 12.23 for Special
Use Permit Standards
02
Two-family dwelling or
duplex
S P
P
P
P
X X X X X P See Section 12.24 for Special
Use Permit Standards
03
Multifamily dwelling
structure (maximum six
dwelling units)
X S
S
S
S
X X X X X X See Sections 12.9 & 17.2 for
Special Use Standards
05
Residential cluster
developments of detached
single-family dwellings
P P
P
P
P
X X X X X X See Section 17 for Special
Use Permit Standards
6
051
Residential cluster
developments including
multifamily dwellings
X S
S
S
S
X X X X X X See section 17.1 for Special
Use Permit Standards
06
Taking of boarders by a
resident family (up to two
boarders)
P P
P
P
P
X X X X X X
061
Taking of boarders by a
resident family (five to 12
roomers or boarders)
X X X S
S
X X X X X X
License required
See Section 12.24 for Special
Use Permit Standards
062
Renting of rooms as bed
and breakfast (no more than
four guests)
P P
P
P
P
X X X X X X Owner must reside on
premises
063 Sorority or fraternity house X X X X X
X X X X X X
0631 Dormitory for permitted use X X
X
S
X
S X X X
X
X
A
X
A X See Section 12.24 for Special
Use Permit Standards
0632 Rectories, convents,
monasteries
S S
S
S
S
X X X X X S See Section 12.24 for Special
Use Permit Standards
07
Hotel
X X X X S
S
S
S
X X X
License required
See Section 12.24 for Special
Use Permit Standards
071 Motel or tourist court
X X X S
S
S
S
S
X X X See Section 12.13 for Special
Use Permit Standards
08
Single mobile home or
trailer
X X X X X
X X X X X X Except as in sections 7.2 and
7.13 Standards
081 Mobile home park
X X X X X
X X X X X X
7
082 Transient trailer park
X X X X X
X X X X X X
091 Nursing home
X S
S
S
S
X X X X X X
Sewers required
See Section 12.12 for Special
Use Permit Standards
092 Assisted living with nursing
facilities
S S
S
S
S
X X X X X
See Section 12.24 for Special
Use Permit Standards
093 Independent and assisted
living
S S
S
S
S
X X X X X X See Section 12.24 for Special
Use Permit Standards
094
Group Homes &
Orphanages
S S
S
S
S
X
X
X
X
X
X See Section 12.12 for Special
Use Permit Standards
011 Accessory dwelling unit
X
P
X
P
X
P
X
P
X P X X X X X X
No market rate units
permitted at this time
Per State Standards
0111 Affordable accessory
dwelling unit
S S
S
S
S
X X X X X X
Subject to amnesty
provisions of 7A.6(c)
1
Agricultural, extractive
and industrial
manufacturing
10
Crop and livestock farm
P P
P
S
S
P
P
P
P
P
P See Section 12.25 for Special
Use Permit Standards
1122 Veterinarian and animal
hospital
X X X X X
S
S
X X X X See Section 12.25 for Special
Use Permit Standards
1129
Animal husbandry service
or other raising, or breeding
of animals
X X X X X
S
S
X X X P See Section 12.25 for Special
Use Permit Standards
113 Horticultural nursery
P X X X X
P
P
X P
P
P
8
12
Landscape services and
landscaping materials
storage (no more than 20
cubic yards of any bulk
item)
X X X X X
P
P
X P
P
P
13
Fish and shellfish
hatcheries (commercial)
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
141 Stone quarry
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
144 Earth removal and
stockpiling
X X X X X
X X X X S
P See Sections 12.6 & 12.7 for
Special Use Permit Standards
1441
Earth removal and
stockpiling during lot
development
A A A A A
A A A A A A
1442 Land-clearing prior to lot
development
P P
P
P
P
P
P
P
P
P
P See section 7.7 for Standards
163
General building trades
office and operations work
on premises
X X X X X
X X X P
P
P
179 Welding shop, sheet metal
shop
X X X X X
X X X P
P
X
1799 Blacksmith
X X X X X
X X X P
P
P
18
Screened outdoor lot
storage and wrecking of
junk or salvage material;
automobile junkyards
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
19
Screened open lot storage
of building material and
machinery, etc.
X X X X X
X X X P
P
X
9
191 Open storage of solid fuel,
sand and gravel
X X X X X
X X X A A P
192 Bulk storage of explosive
material aboveground
X X X X X
X X X X X P
1921 Storage of heating/cooking
fuels (aboveground)
A A A A A
A A A A A A
193 Storage of explosive
material (underground)
X X X X X
X A X X X A
1931 Storage of vehicle fuel
(aboveground)
X X X X X
X X A A A A
194
Outdoor parking and
storage of boats and major
recreational vehicles
P P
P
P
P
P
P
P
P
P
P See section 7 for Standards
1941 Parking of pickup trucks as
personal vehicles
P P
P
P
P
P
P
P
P
P
P
195
Outdoor parking of no more
than one commercial
vehicle up to 12,000 pounds
of gross weight
P P
P
P
P
X P
X P
P
P
1951
Outdoor parking and
storage of not more than
one tow truck that is not
more than 21 feet in length
and not more than 17,500
pounds in gross vehicle
weight rating, provided that
the owner or occupant of
the land where the tow
truck is parked is on the
towing list maintained by
the police department, and
at the time that the tow
P P
P
P
P
NA NA NA NA NA P
10
truck is parked or stored,
the operator of the tow
truck is on call by the
police department to
provide emergency towing
services
196
Outdoor parking and
storage of commercial
vehicles
X X X X X
X P
X P
P
P
1961
Commercial outdoor or
drystack storage of boats
and related equipment,
where not accessory to a
principal use on the
premises
X X X X X
X S
S
P
P
S See Section 12.25 for Special
Use Permit Standards
197 Dry cleaning plant or
laundry (including pickup) X X X X X
X X X X S
X
Sewer required & See
Sections 12.6 & 12.7 for
Special Use Permit Standards
199
Industrial
nonmanufacturing and
service industries not
specified herein
X X X X X
X X X P
P
P
2
Manufacturing
20
Food and food kindred
products (processing)
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
2036 Fish processing
X X X X X
X X X S
S
X
Sewer required & See
Section12.20 for Special Use
Permit Standards
205 Bakery products for sale on
site
X X X X X
P
P
X X S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
11
21
Tobacco manufacturing
X X X X X
X X X X X X
22
Textile mill products
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
23
Apparel and related
finished products made
from fabrics and similar
materials
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
24
Lumber and wood products,
except furniture
X X X X X
X X X S
P
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
241 Modular or prefabricated
housing construction
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
25
Furniture and fixtures
X X X X X
X X X P
P
X
26
Paper and allied products
X X X X X
X X X X S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
27
Printing, publishing and
allied industries
X X X X X
X X X P
P
X
271 Photocopying
X X X X X
P
P
X A A P
28
Chemicals and allied
products
X X X X X
X X X X X X
29
Petroleum refining and
related industries
X X X X X
X X X X X X
30
Rubber and rubber-related
products
X X X X X
X X X X X X
307 Miscellaneous plastic
products
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
12
31
Leather and leather
products
X X X X X
X X X S
P
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
311 Leather tanning and
finishing
X X X X X
X X X X X X
312 Packaging/box-making
X X X X X
X X X P
P
X
32
Stone, clay and glass
products
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
321 Flat glass
X X X X X
X X X X X X
3273 Concrete products
X X X X X
X X X S
P
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
3274 Lime manufacturing
X X X X X
X X X X X X
33
Primary metal industries
X X X X X
X X X X X X
334 Smelters
X X X X X
X X X X X X
34
Fabricated metals,
machinery and
transportation equipment
X X X X X
X X X X P
X
36
Electrical machinery,
equipment, and supplies
X X X X X
X X X P
P
X
373 Ship[building] and
boatbuilding and repairing X X X X X
X X A P
P
X
38
Professional, scientific and
controlling instruments,
photographic and optical
goods; watches and clocks
X X X X X
X X X P
P
X
39
Miscellaneous
manufacturing industries,
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
13
except those specifically
prohibited herein
4
Transportation,
communications and
utilities
401 Railroad terminal (freight) X X X X X
X X X X X X
408 Railroad passenger station X X X X X
X X X X X X
412 Taxi stand (off-street
parking)
X X X X X
S
X
S
X
X X X X
417 Bus passenger station
X X X X X
X S
X
X X X X
423 Motor freight terminal
X X X X X
X X X P
P
X
4462 Commercial dock or pier
X X X X X
X X S
S
S
S See Section 12.26 for Special
Use Permit Standards
45
Commercial heliport
X X X X X
X X X S
X
S
X
X
465
General warehousing and
storage (nonexplosive
materials within a building)
X X X X X
X X X P
P
X
4811 Telephone exchange
substation
X X X X X
P
P
X P
X X
4813 Radio or TV station
X X X X X
X S
X P
X X See Section 12.26 for Special
Use Permit Standards
4819 Transmitters and towers
X X X X X
X X X S
S
S See Section 12.26 for Special
Use Permit Standards
14
482 Power generating station
X X X X X
X X X S
S
X
See Section 12.26 for Special
Use Permit Standards and
Section 17.3 for DPR
484 Sewer pump station
P P
P
P
P
P
P
P
P
P
P
4842 Sewage treatment facilities X X X X X
X X X S
S
S
See Sections 12.6, 12.7, and
12.26 for Special Use Permit
Standards
4843 Incinerator
X X X X X
X X X X X X
4849 Sanitary landfill
X X X X X
X X X X X X
489
Utility substation or
pumping station where
incidental to principal use
A A A A A
A A A A A A
4891 Utility substation (electric,
gas)
X X X X X
X X X S
S
S
See Sections 12.6, 12.7, and
12.26 for Special Use Permit
Standards
5
Commercial
50
Wholesale distributing
establishments, principal
activity is sale of
merchandise for resale
X X X X X
X S
X P
P
X
Accessory retail outlet up to
1,000 square feet not to
exceed 10,000 square feet of
floor area
51
Mixed use commercial
(shopping center)
X X X X X
S
S
X X X X
See Section 12.27 for Special
Use Permit Standards and
Section 17.3 for DPR
52
Retail trade building
materials, hardware and
farm equipment
15
521 Lumber and other building
materials dealers
X X X X X
X S
X S
X X
See Sections 12.6 & 12.7 for
Special Use Permit Standards
See Section 12.27 (business
zones) for Special Use Permit
Standards
5224
Heating, plumbing and
electrical supply and
service
X X X X X
X P
X P
X X
523 Paint, glass, floor covering
and wallpaper stores
X X X X X
P
P
X S
X X See Sections 12.6 & 12.7 for
Special Use Permit Standards
5251 Hardware and farm supplies
stores
X X X X X
P
P
X X X X
5252
Farm equipment and heavy
equipment dealers,
including rental
X X X X X
X X X S
S
X See Sections 12.6 & 12.7 for
Special Use Permit Standards
53
Retail trade--General
merchandise
53
General merchandise,
department store, furniture
and household goods
(including storage up to 30
percent of GFA)
X X X X X
P
P
X X X X
54
Retail trade--Food
541 Supermarkets
X X X X X
X S
P
X X X X
5411 Grocery stores,
delicatessens
X X X X X
P
P
X X X X
5422 Meat markets
X X X X X
P
P
X X X X
16
5423 Fish (seafood) markets
X X X X X
P
P
X X X X
5424 Wholesale and retail fish
(seafood) market
X X X X X
P
P
P
X X X
This use requires that there
be in existence as of 1/1/01
an existing structure to house
the market and an existing
docking and off-loading
facility
543 Fruit stores and vegetable
markets
X X X X X
P
P
X X X X
5431 Sale of fruit and vegetable
produce raised on premises P P
X X X
P
P
X X X X
545 Dairy products stores
X X X X X
P
P
X X X X
546 Bakeries
X X X X X
P
P
X X X X
5461 Bakery and coffee shop
with drive-up window
X X X X X
X S
X X X X See Section 7.20 for Special
Use Permit Standards
55
Retail trade--Motor
vehicles
551
Motor vehicle or trailer
dealers only--New and/or
used (including repairs
conducted only within a
building)
X X X X X
X S
X X X X See Section 12.10 for Special
Use Permit Standards
5511
Motorcycle dealers--New
and/or used (including
repairs only within a
building)
X X X X X
X S
X X X X See Section 12.10 for Special
Use Permit Standards
553 Tire, battery and accessory
dealers (no service)
X X X X X
X P
X X X X
17
554 Gasoline service station
(minor repairs only)
X X X X X
X S
X X X X See section 12.11 for Special
Use Permit Standards
559
Storage, repair and sales of
boats and marine
accessories
X X X X X
X P
P
P
A X
56
Retail trade--Apparel and
apparel accessories
566 Shoe stores
X X X X X
P
P
X X X X
567 Tailor or dressmaker
X X X X X
P
P
X X X X
569 Miscellaneous apparel and
apparel accessory stores
X X X X X
P
P
X X X X
5691 Yarn, fabric or sewing shop X X X X X
P
P
X X X X
57
Retail trade--Furniture
furnishing and equipment
571
Furniture, floor covering,
home furnishings and
accessories stores
X X X X X
P
P
X X X X
573
Radio, television, musical
instruments, record and
tape shops, video rentals
X X X X X
P
P
X X X X
574 Rental service stores (light
equipment)
X X X X X
P
P
X X X X
58
Retail trade--Eating and
drinking places
581 Drive-in restaurants (no
alcoholic beverages)
X X X X X
X X X X X X License required
18
5812
Lunchroom or restaurant
(no alcoholic
beverages)
X X X X X
S
P
S P A A A P License required
5813
Tavern, cafe, club, bar or
cocktail lounge (alcoholic
beverages)
X X X X X
X S
X X X X
License required
See Section 12.27 for Special
Use Permit Standards
5814 Lunchroom or restaurant
(alcoholic beverages)
X X X X X
S
S
X X S
X
License required
See Sections 12.6 & 12.7 for
Special Use Standards in
Industrial zone
See Section 12 .27 for
Special Use Permit Standards
5815 Lunchroom cafeteria for
employees (no alcohol)
X X X X X
A A A A A X
5816 Beach club with alcoholic
liquor license
X X X X X
X X P
X X X License required
5817
Expansion of legally
nonconforming full service
restaurant to allow sale of
beer and wine only
X S
S
S
S
S
S
S
X S
X
License required
See Section 12.27 for Special
Use Permit Standards
5818 Drive-through restaurant
X X X X X
X X X X X X
5819 Fast food restaurant
X X X X X
X X X X X X
59
Retail trade--
Miscellaneous
591 Drugstores
X X X X X
P
P
X X X X
5911 Drive-through as an
accessory to a drug store
X X X X X
X S
X X X X See Sections 7.20 for Special
Use Permit Standards
19
592 Packaged liquor stores
X X X X X
P
P
X X X X
593 Secondhand stores and
antique shops
X X X X X
P
P
X X X X
594 Office equipment stores
X X X X X
P
P
X X X X
5952 Sporting goods and gun
shops
X X X X X
P
P
X X X X
5953 Bicycle sales, rentals
(including repairs)
X X X X X
P
P
X X X S
P
596 Lawn and garden supply
stores
X X X X X
P
P
X X X X
5961 Swimming pools sales and
display
X X X X X
X P
X X X X
597 Jewelry stores
X X X X X
P
P
X X X X
598 Fuel dealers, oil and bottled
gas (sales and service only) X X X X X
X S P X P
P
X
599 Gift, souvenir, tobacco and
newsstand
X X X X X
P
P
X X X X
5992 Florists (retail sales)
including greenhouse
X X X X X
P
P
X X X X
5993 Pet shop (indoor)
X X X X X
P
P
X X X X
5994
Marine related supplies and
retail tackle and bait sales
(including rental)
X X X X X
P
P
P
X X X
5996 Photographic supplies and
services
X X X X X
P
P
X X X X
20
5997
Novelty, craft, hobby, art,
specialty shops and
boutiques
X X X X X
P
P
X X X X
5998 Optical goods store
X X X X X
P
P
X X X X
5999 Retail, not herein specified
X X X X X
P
P
X X X X
6
Personal, business and
professional service
60 General commercial offices X X X
X
X
S
S
X X X X
605
Temporary real estate office
for sales of property on site
of new subdivision
P P
P
P
P
P
P
P
P
P
X
606
Office (for use by a resident
of the premises, up to one
employee)
P P
P
P
P
X X X X X X
6061 General commercial offices
up to three units
X X X X X
P
P
X X X X
608 Bank or financial institution X X X X X
S
P
S P X X X X
6081
Drive through as an
accessory to bank or
financial institution
X X X X X
S
S
X X X X See Section 7.19 for Special
Use Permit Standards
611 Laundry or dry cleaners
pickup (no plant)
X X X X X
P
P
X X X X
6115 Self-service laundromat
X X X X X
P
P
X X X X Sewer required
612 Photo studio, taxidermist
and similar specialty shops X X X X X
P
P
X X X X
21
6135
Beautician, barber, shoe
repair, similar specialty
shops
X X X X X
P
P
X X X X
616 Mortuary or funeral home
X X X X X
X S
X X X X Sewer required
619 Caterer
X X X X X
P
P
X S
X X See Sections 12.6 & 12.7 for
Special Use Permit Standards
6191
Kennels, or the boarding of
animals (including retail
sales)
X X X X X
P
P
X X X X
6192 Travel agency
X X X X X
P
P
X X X X
62
Newspaper office (no
printing)
X X X X X
P
P
X X X X
632
Off-street automobile
parking facility accessory to
a permitted use
A A A A A
A A A A A A
6321 Commercial off-street
parking lot
X X X X X
P S P S S
X P S X See Section 12.28 for Special
Use Permit Standards
6322 Commercial off-street
parking structure
X X X X X
S
S
X
S
X X
S
X See Section 12.28 for Special
Use Permit Standards
633
General automotive repair,
temporary vehicle storage
and towing
X X X X X
S
P
X P
P
X
Accessory resale of no more
than six cars towed to or
repaired on site
See Section 12.28 for Special
Use Permit Standards
6331
Automotive body shop,
temporary vehicle storage
and towing
X X X X X
S
P
X P
X X
Accessory resale of no more
than six cars towed to or
repaired on site
22
See Section 12.28 for Special
Use Permit Standards
634 Vehicle washing shop (no
self-service)
X X X X X
S
P
X P
P
X See Section 12.28 for Special
Use Permit Standards
6341 Vehicle washing shop (with
self-service)
X X X X X
S
P
X X X X See Section 12.28 for Special
Use Permit Standards
635
Vehicle, trailer and
recreational vehicle rental
agency
X X X X X
X P
X X S
X
See Sections 12.6 & 12.7 for
Special Use Permit
Standards
64
Repair shop for small
appliances
X X X X X
P
P
X S
X X See Sections 12.6 & 12.7 for
Special Use Permit Standards
6495 Locksmith
X X X X X
P
P
X P
X X
651 Dancehall
X X X X X
X P
X X X X
652
Theater, concert hall,
auditorium or motion
picture theatre
X X X X X
X S
X X X X See Section 12.28 for Special
Use Permit Standards
653 Bowling alleys, billiard and
pool parlors
X X X X X
S
S
X X X X See Section 12.28 for Special
Use Permit Standards
659 Exercise center,
gymnasium, sauna
X X X X X
S
P
X X X X See Section 12.28 for Special
Use Permit Standards
67
Offices for medical or
health, or legal services
X X X X X
S
S
X X X X See Section 12.28 for Special
Use Permit Standards
675 Legal offices
X X X X X
P
P
X X X X
676 Medical and dental
laboratories
X X X X X
S
P
S
X S
X X
Sewer required See Sections
12.6 & 12.7 for Special Use
Standards in Industrial Zone
23
681 Engineering and technical
offices
X X X X X
P
P
X P
P
X
682 Research and analytical
laboratories
X X X X X
P
P
X P
X X Sewer required
689 Professional services not
elsewhere classified
X X X X X
P
P
X S
X X See Sections 12.6 & 12.7 for
Special Use Permit Standards
7
Governmental or
Institutional
73
Government-owned
building (except penal,
garage, or utility)
P P
P
P
P
P
P
P
P
P
P
731 Penal institution
X X X X X
X X X X X X
732
Garage or utility
(government-owned
building)
X X X X X
P
P
P
P
P
P
733 Fire or police station
X X X X X
P
P
X S
X P
See Sections 12.6 & 12.7 for
Special Use Permit Standards
in Industrial Zone
74
Kindergarten, elementary or
secondary school, junior
college, college, or
university
X X X X X
S
S
X P
X P See Section 12.29 for Special
Use Permit Standards
7401 Boarding school
private/secondary
S X X X X
X X X X X X
Min. lot size 16 ac. frontage
on state road. Town water
required. Vegetated buffer
See Section 12.21 for Special
Use Permit Standards
24
75
Trade or professional
school teaching marine
skills
X X X X X
P
P
X P
P
X
751 Trade or professional
school
X X X X X
P
P
S
P
X S See Section 12.29 for Special
Use Permit Standards
756
Day nursery, nursery
school, kindergarten or
other agency giving day
care to children
S S
S
S
S
S
X X A X S
State license required
See Section 12.14 for Special
Use Permit Standards
757
School for teaching
industrial skills in which
heavy machinery is used as
a means of instruction
X X X X X
X P
X P
P
X
7613 Library or museum
S S
S
S
S
S
S
S
S
S
P See Section 12.29 for Special
Use Permit Standards
764 Churches
S S
S
S
S
S
X X X X X
See Sections 12.22 for
Special Use Standards
767 Cemetery
S S
S
S
S
X X X X X X See Section 12.29 for Special
Use Permit Standards
77
Hospitals
X X X X X
S
S
X X X S
Sewer, state license required
See Section 17.3 for DPR
771 Physical therapy and related
services
X X X X X
P
P
X X X X
774
Rest, retirement,
convalescent or nursing
homes
X
S
S
S
S
X X
X X X X
78
Social club or nonprofit
membership organizations X X S
S
S
S
S
X X X X See Section 12.29 for Special
Use Permit Standards
25
79
Emergency counseling
service or drop-in center
X S
X
S
X
S
X
S X S
S
X X X X See Section 12.29 for Special
Use Permit Standards
8
Public outdoor and
recreation
80
Publicly owned
P P
P
P
P
P
P
P
X X P
801 Playgrounds, play fields, tot
lots
P P
P
P
P
P
P
P
X X P
809 Other outdoor recreation
S S
S
S
S
S
S
S
X X S See Section 12.30 for Special
Use Permit Standards
8091 Other commercial outdoor
recreation
X X X X X
X X X X X X
81
Outdoor public water-based
recreation
X X X X X
X X S
X X S See Section 12.30 for Special
Use Permit Standards
8191 Water slides/wave
machines
X X X X X
X X X X X X
833 Tent camps
S
X X
X
X
X X
X X X S
X
834
Riding academies and
riding schools (may include
accessory indoor rink)
S S
X X X
X X X X X S See Section 12.30 for Special
Use Permit Standards
835 Roller or ice skating rink
X X X X X
P
P
X X X P
8371 Archery range
S X X X X
X X X X X S See Section 12.30 for Special
Use Permit Standards
8372 Rifle range
X X X X X
X X X X X X
838 Amusement parks
X X X X X
X X X X X X
26
839 Golf course
P P
P
P
P
X X X X X P
8381
Track or facility
(recreational or racing
vehicles)
X X X X X
X X X X X X
8382 Race track for motor
vehicles and motorcycles
X X X X X
X X X X X X
8391
Golf practice range, pitch
and putt, golf driving range,
miniature golf course
X X X X X
P
P
S
X
X X P
8392 Tennis courts
P P
P
P
P
P
P
X X X P
8393 General athletic field
P P
P
P
P
P
P
X X X P
8394 Drive-in theater
X X X X X
S
S
X X X X See Section 12.30 for Special
Use Permit Standards
8395 Baseball batting facilities
X X X X X
P
P
S
X
X X P
841 Boat liveries (small boat
rentals)
X X X X X
S
S
S
X X S See Section 12.30 for Special
Use Permit Standards
8411 Marinas
X X X X X
S
S
S
X X S See Section 12.30 for Special
Use Permit Standards
842 Bathing beaches
S S
S
S
X
X X P
X X P See Section 12.30 for Special
Use Permit Standards
844 Swimming pools (outdoor) A A A A A
S
S
S
X X S See Section 12.30 for Special
Use Permit Standards
851 Swimming pools (indoor)
A A A A A
P
P
S
X X S See Section 12.30 for Special
Use Permit Standards
27
8511
Individual beach cabanas,
dressing rooms or
bathhouses
X X X X X
X X P
X X P
852 Arena or recreation hall
X X X X X
X S
X X X P See Section 12.30 for Special
Use Permit Standards
853 Roller or ice skating rink
X X X X X
P
P
X X X S See Section 12.30 for Special
Use Permit Standards
854 Beach club or yacht club
X X X X X
X X S
X X P See Section 12.30 for Special
Use Permit Standards
8541 Bathing pavilion
X X X X X
X X P
X X P
855 Tennis courts or other
indoor court games
X X X X X
P
P
X X X S See Section 12.30 for Special
Use Permit Standards
856 Indoor riding school or
academy
X X X X X
X P
S
X
X X P
857 Indoor athletic fields
X X X X X
X P
S
X
X X X
86
Conservation lands, wildlife
areas, nature preserves
P P
P
P
P
P
P
P
X X P
871 Private parks, including
subdivision parks
P P
P
P
P
P
P
X X X X
873 Campgrounds (nonprofit)
S S
S
X X
X X X X X P See Section 12.30 for Special
Use Permit Standards
879
Indoor and/or outdoor
private nonprofit recreation
not elsewhere classified
S
X
S
X
S
X
X PX
P
X
X X X X P
X
8791
Indoor and/or outdoor
private nonprofit recreation
facilities owned and
P P
P
P
P
X X X X X P
28
operated by a nonprofit
neighborhood association
880 Manmade water body
P P
P
S
S
S
S
S
A S
P
Landscaping and/or drainage,
soil erosion/sedimentation
control
See Section 12.30 for Special
Use Permit Standards
9
Accessory uses
93
Customary
home
occupation
P P
P
P
P
X X X X X X
94
Uses customary to and
associated
with
the
operation of a permitted use
P P
P
P
P
P
P
P
P
P
P
95
Uses customary to and
associated with the
operation of a special
exception use permit
S S
S
S
S
S
S
S
S
S
S See Section 12.31 for Special
Use Permit Standards
96
Tennis courts and structures
which are accessory to
tennis courts when both the
tennis courts and structures
are ancillary to a beach club
provided
that
the
total
square footage of all such
ancillary structures shall not
exceed 1,000 square feet
X X X X X
X X P
X X P
Section 5: Section 6, (Zone Regulations) of Chapter 731 of the Code of Ordinances of the Town
of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by deleting the
table in Section 6.3 (Prohibited uses) in its entirety, with the following text to remain:
6.3. - Prohibited uses.
29
Any use not permitted by this ordinance shall be deemed to be prohibited. However, any list
of prohibited uses contained in any section of this ordinance shall be deemed to be illustrative only,
not exhaustive.
Any use which is noxious or offensive by reason of the commission of odor, dust, noise, smoke,
heat, vibration, gas, fumes, or radiation, or which presents a hazard to the public health and safety,
shall be prohibited.
Section 6: Section 6, (Zone Regulations) of Chapter 731 of the Code of Ordinances of the Town
of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by deleting
Section 6.5 (Modified dimensional regulations for legally created substandard lots of record in all
residential zones) in its entirety and replacing it with the following text:
Lot width (feet)
1--50
51--60
61--80
81--100
100+
Front yard
25
25
25
30
35
Side yard
8
10
15
15
20
Rear yard
20
25
30
30
30
Building coverage (percent)
25
25
25
20
20
The above modified regulations for substandard lots shall not be construed to impose more
stringent dimensional requirements than would otherwise be applicable in the zone in which the
lot is located. For flag or hockey-stick lots, or lots with no street frontage, the lot width as applied
to the above table shall be the average lot width of the main portion of the property drawn parallel
to the street from which access to the lot is available. The building inspector shall have the
authority to determine the front, rear, and side lot lines for such lots.
6.5. - Modified dimensional regulations for legally created substandard lots of record in all
residential zones.
A substandard lot of record is not required to seek any zoning relief based solely on the failure to
meet minimum lot size requirements of the district in which such lot is located.
a.
The setback, frontage, and/or lot width requirements for a structure under this section is
reduced by the same proportion as the lot area of the substandard lot is to the minimum
lot area requirement of the zoning district in which the lot is located.
b.
The maximum building coverage requirement for a structure under this section is increased
by the same proportion as the lot area of the substandard lot is to the minimum lot area
requirement of the zoning district in which the lot is located.
30
In no case shall the side-yard setback be less than 5 feet for a 1 or 2 story building or 8 feet for a three
story building without first receiving a Variance from the Zoning Board of Review.
All proposals exceeding such reduced requirement may proceed with a modification request under
Section 11.7 of this Ordinance or a dimensional variance request under Section 11.1 of this Ordinance
whichever is applicable.
Section 7: Section 7, (Supplementary zoning regulations) of Chapter 731 of the Code of
Ordinances of the Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby
amended by adding text to the title of Section 7.20 and adding Section 7.21 (Adaptive Reuse) as
follows:
SECTION 7. - SUPPLEMENTARY ZONING REGULATIONS
7.20 - Drive up windows for drug stores and bakeries and coffee shops.
7.21. - Adaptive Reuse.
(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 7.21 (b) Eligibility.
(b) Eligibility.
(1). Adaptive reuse development must include at least 50% of the existing gross floor area
development into residential units.
(2). There are no environmental land use restrictions recorded on the property by the state
of Rhode Island department of environmental management or the United States
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 fifteen (15) dwelling units per acre:
a. 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 and fire codes
and utility requirements.
b. The development includes at least twenty percent (20%) low- and moderate-income
housing; and
c. The development has access to public sewer and water service or has access to
adequate private water, such as a well and/or wastewater treatment system(s) approved
by the relevant state agency for the entire development as applicable.
(2). For all other adaptive reuse projects, the residential density permitted in the converted
structure shall be the maximum allowed that otherwise meets all standards of minimum
housing and has access to public sewer and water service or has access to adequate private
water, such as a well, and wastewater treatment system(s) approved by the relevant state
agency for the entire development, as applicable,
31
(3). The density proposed shall be determined to meet all public health and safety standards.
(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
otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
(3) Notwithstanding any other provisions of this section, the height of the existing structure,
if it exceeds the maximum height of the zoning district, may remain and shall be considered
legal nonconforming, and any rooftop construction necessary for building or fire code
compliance, or utility infrastructure is included within the height exemption.
(e) Parking requirements.
(1). Adaptive reuse developments shall provide one parking space per dwelling unit. The
applicant may propose additional parking in excess of one space per dwelling unit.
(2). The parking requirements and design standards Section 7.16 of the zoning ordinance
which shall apply to all uses proposed as part of the project unless otherwise approved by
the applicable authority. The number of parking spaces required shall apply for uses other
than residential.
(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
section.
(2). Any nonresidential uses proposed as part of an adaptive reuse project must comply with
the provisions of the zoning district in which the structure is located.
(g) Development and Design Standards. Site design shall be in accordance with the [development
regulations].
(h) Procedural requirements.
(1). Adaptive reuse project shall be subject to the procedural requirements of the Narragansett
Subdivision regulations and undergo [development plan review, minor, or major land
development review] as determined in that section.
(2). In addition to the checklist requirements for the applicable review process, the applicant
shall provide the following information:
a. The proposed residential density and the square footage of nonresidential uses.
b. 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.
32
Section 8: Section 7A.1, (Affordable Housing) of Chapter 731 of the Code of Ordinances of the
Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by
deleting Section 7A.1(c) (Municipal Subsidy Program) in its entirety and replacing it with the
following text):
(c)
Municipal subsidy program. It is the intent of the Town of Narragansett to promote the
development or rehabilitation of affordable housing by providing a municipal subsidy to
the owner/developer when appropriate.
(1) Types of municipal subsidy. A municipal subsidy may take the form of a density bonus,
where specifically allowed under a provision of this ordinance or where negotiated as part
of a comprehensive permit application before the planning board, land banking, waiver of
local policies such as sewer permits, abatement of taxes, or waiver of fees such as
subdivision fees, building permit fees, or sewer development lot fees. The town may also
consider other such waivers or bonuses that may become available to the town in the future
and which achieve essentially the same purpose. In extraordinary cases, the town may
consider providing direct financial support to an affordable housing development.
(2) Municipal subsidies specified by ordinance. Where this ordinance specifies one or
more types of municipal subsidy for a particular type of affordable housing development,
such types are deemed to be sufficient and shall be the only subsidies required for that
type of development.
(3) Comprehensive permits. The Town of Narragansett is not obligated to provide any
form of municipal subsidy to a comprehensive permit applicant, but may offer or negotiate
a subsidy in return for specific design considerations, facilities improvements or other
direct or indirect public benefit. The planning board shall have sole authority to exercise
this authority for any applications submitted under R.I.G.L. 45-53. Notwithstanding, the
planning board's express authority under R.I.G.L. 45-53, the town council shall be the sole
authority to issue sewer permit waivers.
(c)
Municipal Subsidy Program. It is the intent of the Town of Narragansett to promote the
development or rehabilitation of affordable housing by providing a municipal subsidy to the
owner / developer when appropriate. Town subsidies, including adjustments and zoning
incentives are to be made available to applications under Section 7A to offset the differential
costs of the low- or moderate-income housing units in a development under this section. At
a minimum, the following zoning incentives shall be allowed for projects submitted under
Section 7A.7.
(1).Density bonus. The town shall provide an applicant with more dwelling units than
allowed by right under this ordinance in the form of a density bonus to allow an
increase in the allowed dwelling units per acre (DU/A), as well as other incentives
and municipal government subsidies as defined in RIGL 45-53-3. The town shall
provide, at a minimum, the following density bonuses for projects submitted under
Section 7A, provided that the total land utilized in the density calculation shall
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exclude wetlands, wetland buffers, area devoted to infrastructure necessary for
development and easements or rights of way of record:
a. For properties connected to public sewer and water, or eligible to be
connected to public sewer and water based on written confirmation from
each respective service provider, the density bonus for a project which
provides at least twenty-five percent (25%) low- and moderate-income
housing shall be at least five (5) units per acre;
b. For properties connected to public sewer and water, or eligible to be
connected to public sewer and water based on written confirmation from
each respective service provider, the density bonus for a project which
provides at least fifty percent (50%) low- and moderate-income housing shall
be at least nine (9) units per acre;
c. For properties connected to public sewer and water, or eligible to be
connected to public sewer and water based on written confirmation from
each respective service provider, the density bonus for a project which
provides one hundred percent (100%) low- and moderate-income housing
shall be at least twelve (12) units per acre;
d. For properties not connected to either public water or sewer or both, but
which provide competent evidence as to the availability of water to service
the development and/or a permit for on-site wastewater treatment facilities
to service the dwelling units from the applicable state agency, the density
bonus for a project which provides at least twenty-five percent (25%) low-
and moderate-income housing shall be at least three (3) units per acre;
e. For properties not connected to either public water or sewer or both, but
which provide competent evidence as to the availability of water to service
the development and/or a permit for on-site wastewater treatment facilities
to service the dwelling units from the applicable state agency, the density
bonus for a project which provides at least fifty percent (50%) low- and
moderate-income housing shall be at least five (5) units per acre;
f. For properties not connected to either public water or sewer or both, but
which provide competent evidence as to the availability of water to service
the development and/or a permit for on-site wastewater treatment facilities
to service the dwelling units from the applicable state agency, the density
bonus for a project which provides one hundred percent (100%) low- and
moderate-income housing shall be at least eight (8) units per acre;
(2). Parking. The town shall not require more than one off-street parking space per dwelling
units for units up to and including two (2) bedrooms in applications submitted under
this section.
(3). Bedrooms. The town shall not limit the number of bedrooms for applications submitted
under this section to less than three (3) bedrooms per dwelling unit for single-family
dwelling units.
(4). Floor area. The town shall not utilize floor area requirements to limit any application
submitted under this section except as provided by RIGL 45.24.3-11
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(5). Other types of municipal subsidy. Other municipal subsidies may take the form of land
banking, waiver of local policies such as sewer permits, abatement of taxes, or
waiver of fees such as subdivision fees, building permit fees, or sewer development
lot fees. The Town may also consider other such waivers or bonuses that may
become available to the Town in the future and which achieve essentially the same
purpose. In extraordinary cases, the Town may consider providing direct financial
support to an affordable housing development. Town Council shall be the sole
authority to issue sewer permit waivers.
(6). Municipal subsidies specified by ordinance. Where this ordinance specifies one or
more types of municipal subsidy for a particular type of affordable housing
development, such types are deemed to be sufficient and shall be the only subsidies
required for that type of development.
(7). Comprehensive permits. The Planning Board shall have sole authority to exercise this
authority for any applications submitted under RIGL 45-53. Not withstanding the
planning board's express authority under RIGL 45-53, the town council shall be the
sole authority to issue sewer permit waivers.
Section 9: Section 7A (Affordable Housing) of Chapter 731 of the Code of Ordinances of the
Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by
deleting Section 7A.4 (Inclusionary Zoning) in its entirety and replacing it with the following text:
7A.4 Inclusionary Zoning - Reserved.
(a) Purpose. The purpose of inclusionary zoning is to ensure that new development and reuse
projects support Narragansett's goal of housing diversity consistent with the Narragansett
Comprehensive Plan and with statewide planning and housing guidance. To achieve this
purpose, new development and reuse projects that are subject to this section 7A.4 shall include
a share of housing units that are affordably priced, subject to a price limitation to assure initial
affordability, with deed rider or land lease assuring that purchasers' or tenants' incomes meet
prescribed limits at the time of purchase or occupancy and that such affordability and income
eligibility will again be observed at the time of each future resale, release, or other transfer.
(b) Applicability. The provisions of this section 7A.4 shall apply to all developments that result
in the creation of more than five dwelling units, including but not limited to residential
subdivisions and land development projects.
(c) Inclusionary unit requirements.
(1) Basic requirement. At least 20 percent of the lots or housing units resulting from a
development that is subject to this Section 7A.4 shall be low or moderate income housing
units. Where the 20 percent calculation results in a fraction, that number shall be rounded
up to the nearest whole number. As an alternative the planning board may authorize the
developer to pay a fee-in-lieu for the fractional proportion in excess of the calculated
whole number requirement.
(2) Low income affordability.
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a. In a development in which all of the units are for sale, at least 50 percent of the
inclusionary units shall be affordable to low income households.
b. In a development in which some or all of the units are for rent, all of the
inclusionary units shall be affordable to low income households.
(d) Term of affordability. The required minimum term of affordability for inclusionary units,
whether on-site or off-site, shall be 30 years. When a unit is resold or transferred prior to the
expiration of the restriction, the term of affordability shall be renewed for 30 years.
(e) Fee in lieu.
(1) Eligibility. The inclusionary unit requirements may be met in part through payment of a
fee in lieu of providing one or more inclusionary units only in the following situation:
a. The 20 percent calculation results in a non-whole number.
(2) Fee per unit. The fee in lieu of providing one inclusionary dwelling unit shall be equal
to 50 percent of the maximum purchase price for a housing unit affordable at 80 percent
of applicable area median income for that same year (as estimated by Rhode Island
Housing). This fee shall be adjusted and applied to the fraction of the required dwelling
units in excess of a whole number. The fee in lieu shall be updated annually, and the town
council shall approve the fees by resolution.
(Example: If the maximum purchase price for a housing unit affordable to a household
with 80 percent of the area median income is $200,000.00, the fee in lieu will be calculated
at $100,000.00 per inclusionary unit not provided. If the development includes six units
there will be a requirement of 1.2 inclusionary units. The development will therefore be
built with one inclusionary unit and the fee will be applied to the .2 units excess resulting
in a fee of $20,000.00).
(3) Fee recipient. The fee shall be paid to the Narragansett Affordable Housing Trust Fund
to be expended for land acquisition, affordable housing construction, or any expense
directly attributable to the provision of affordable housing.
(f) Reduction in parking requirements. Parking requirements for multifamily dwellings may be
reduced upon determination by the planning board that such is justified by reduced demand
based upon the restricted occupancy which is being required and other considerations.
[g] Integrating inclusionary units.
(1) Inclusionary unit location and appearance. Inclusionary units shall be integrated
throughout the development and not separately segregated. The exterior appearance of the
inclusionary units shall be compatible with and, except for unit size, essentially
indistinguishable from the others.
(2) Inclusionary unit size.
a. If the average number of bedrooms in the market rate units is greater than 2.0, the
average number of bedrooms in the inclusionary units shall not be less than 2.0.
b. If the average number of bedrooms in the market rate units is 2.0 or less, the average
number of bedrooms in the inclusionary units shall not be less than the average
number of bedrooms in the market rate units.
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(3) Timing of occupancy. The percentage of proposed market rate units granted a certificate
of occupancy shall at no time exceed the percentage of proposed inclusionary units granted
certificates of occupancy by more than 25 percent. The certificate of occupancy for the
last market-rate unit shall not be granted until all inclusionary units have been granted such
certificates.
Section 10: Section 7A (Affordable Housing) of Chapter 731 of the Code of Ordinances of the
Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by adding
a new section 7A.7 (Comprehensive Permit Applications for Affordable Housing) as follows:
7A.7 Comprehensive Permit Applications for Affordable Housing
Any applicant proposing to build low- or moderate-income housing may submit to the town a single
application for a comprehensive permit to build that housing in lieu of separate applications to the
applicable local boards. This procedure is only available for proposals in which at least twenty-five
percent (25%) of the housing is low- or moderate-income housing. The application and review
process for a comprehensive permit shall be as directed in the Narragansett Subdivision and Land
Development Regulations 1995 as amended.
Section 11: Section 8, (Substandard Lots of Record) of Chapter 731 of the Code of Ordinances of
the Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended at
subsections 8.1a, 8.1b, 8.1d, 8.1f and 8.1h with the following text:
8.1. - Substandard lots of record.
(a) Definition. For purposes of this ordinance, a substandard lot of record is a lot which does not
satisfy one or more of the minimum dimensional requirements prescribed in the table of
dimensional regulations in section 6.4 of this ordinance, but which was shown on a plat or
deed recorded prior to August 2, 1965, or on an approved plat recorded after August 2, 1965,
or has been otherwise legally created, and which has not been altered so as to become more
nonconforming since its creation and which has not at any time since its creation, and which
has not been merged by use or ordinance legally combined prior to January 1,2024.
(b) Residential lots. A vacant substandard lot of record in an R-80, R-40, R-20, R-10, or R-10A
zone may be used for a single-family dwelling without the grant of a special use permit from
the zoning board of review provided that:
(1) The front yard, rear yard and side yard dimensions and the building coverage
percentages comply with the modified dimensional standards for legal substandard lots
of record set forth in section 6.5 of this ordinance.
(2) The limitations for maximum coverage of structures, paving and other impervious
surfaces as presented in section 4.5., "high water table limitations district," may be
modified to comply with the requirements established by the formula in Section 6.5A(b)
of this ordinance for the nearest zoning category into which the substandard lot would
fall by virtue of its area.
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(3) The proposed use complies with all other applicable provisions of this ordinance.
A residential substandard lot of record in an R-80, R-40, R-20, R-10, or R-10A zone which does
not comply with the above requirements may be used for a single-family dwelling if the zoning
enforcement officer grants a modification or, a variance is board of review granted via application
and approval as specified in Section 11 of this ordinance a special use permit.
(d) Merger of lots under the same ownership. Where land adjacent to a substandard lot is owned
by the owner of said substandard lot, the exemption of subsection 8.1(b) hereinabove shall not
apply, and said substandard lot shall be combined with said adjacent land to establish a lot or
parcel having at least the required minimum dimensions and area set forth in section 6 of this
ordinance for the applicable district, without retaining a substandard lot. If all such adjacent
land so combined is not sufficient to permit the enlargement of said lot to conforming area
and dimensions, then the largest lot or parcel which the adjoining common ownership will
permit shall be established. By way of example, if all such adjacent land so combined is
sufficient to meet the applicable area and dimensional requirements for at least one lot but not
for two or more fully conforming lots, then all such lots shall be combined to create a single
lot only.
The merger of lots shall not be required when the substandard lot of record has an area equal to or
greater than the area of fifty percent (50%) of the lots within two hundred feet (200') of the subject
lot, as confirmed by the zoning enforcement officer.
In the event that adjacent substandard lots of record have structures located thereon, which said
structures are related to a principal use located on one or more of such lots, then all lots related to
said use that have structures located thereon shall be deemed combined.
(f) Applicable dimensional requirements. The following regulations regarding the creation, yard
requirements, and merger of substandard lots shall apply:
(1) No lot or parcel of land proposed for a use shall be divided in such a manner as to create
a new lot with less than the required lot area, frontage or width for the district in which
such lot or parcel is located.
(2) No front, side or rear yard adjacent to any building which is required for the purpose of
compliance with the provisions of this ordinance, shall again be used to establish a yard
for any other building, structure or use.
(3) Nothing in this section shall be construed to exempt any substandard lot of record from
the requirements for side width, front yard depth, rear yard depth, or coverage for the
district in which such lot is located.
(h) Relief from this section. The zoning board of review may hear and grant relief from the
merger provisions of this ordinance by granting a use variance pursuant to section 11 of this
ordinance if not otherwise permitted in Section 6.5.
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Section 12: Section 11, (Variances) of Chapter 731 of the Code of Ordinances of the Town of
Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended with the following
text:
SECTION 11. VARIANCES & MODIFICATIONS
11.1. - Variances; application.
An application for relief from the literal requirements of the zoning ordinance because of
hardship may be made by any person, group, agency, or corporation by filing with the zoning
enforcement agency officer an application describing the request and supported by such any data
and evidence as may be required by the zoning board of review or by the terms of this ordinance.
The zoning enforcement agency officer shall immediately transmit each application received to
the zoning board of review and a copy of the each application to the planning division board in
accordance with section 18 (site plan review) of this ordinance and the zoning board of review.
11.2. - Review procedure.
The zoning enforcement agency board of review, immediately upon receipt of an application
for a variance in the application of the literal terms of the zoning ordinance, shall request that the
planning board and/or planning division report its findings and recommendations, including a
statement on the general consistency of the application with the goals and purposes of the
comprehensive plan of the Town of Narragansett, in writing to the zoning board of review within
30 days of receipt of the completed application, pursuant to requirements of section 18 of this
ordinance.
11.3. - Public hearing and notice.
The zoning board of review shall hold a public hearing on any complete application for a
variance in an expeditious manner, after receipt, in proper form, of an application, and shall give
public notice thereof at least 14 days prior to the date of the hearing which notice shall include the
precise location of the subject property, including the street address and a description of the relief
sought and be advertised as follows:
(1) In the newspaper of general local circulation in the town.
(2) The applicant shall notify by registered, certified or first class mail:
a. The applicant - aAll owners of the subject property in question; and
b. All property owners of record of lands within 200 feet of the property, which is the
subject of the application, whether within the town or within an adjacent city or town;
provided, for any notice sent by first class mail, the sender of the notice shall utilize
and obtain a United States Postal Service certificate of mailing, PS Form 3817, or
any applicable version thereof, to demonstrate proof of such mailing; and
c. By first class mail to the city or town council of any city or town to which one or
more of the following pertain:
(1) Which is located in or within not less than 200 feet of the boundary of the
subject property, or;
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(2) Where there is a public or quasi-public water source, or private water source
that is used or is suitable for use as a public water source, within 2,000 feet of
the subject property, regardless of municipal boundaries; and
d. The governing body of any state or municipal water department or agency, special
water district, or private water company that has riparian rights for surface water
resources and/or surface watersheds that are used or suitable for use as public water
sources and that are within 2,000 feet of the subject property, provided, however,
that the governing body of any state or municipal water department or agency, special
water district, or private water company has filed with the zoning enforcement
agency a map survey, which shall be kept as a public record, showing areas of surface
water resources and/or watersheds and parcels of land within 2,000 feet thereof. e.
For any notice sent by first-class mail, the sender of the notice shall submit a
notarized affidavit to attest to such mailing.
f. The same notice shall be posted in the town or city clerk's office and one other
municipal building in the municipality and the municipality must make the notice
accessible on their municipal home page of its website at least fourteen (14) days
prior to the hearing.
A supplemental notice, that a variance is under consideration, may be posted at the location
in question. This posting shall be for informational purposes only and not constitute required notice
of a public hearing.
The cost of newspaper and mailing all notification shall be borne by the applicant and proof
of the required mailing shall be presented to the zoning board of review.
11.4. - Standards to be met in granting any variance.
In granting a variance, the zoning board of review, or where a unified development review the
planning board, shall require that evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(1) That the hardship from which the applicant seeks relief is due to the unique
characteristics of the subject land or structure and not to the general characteristics of the
surrounding area; and is not due to a physical or economic disability of the applicant,
excepting those physical disabilities addressed in RIGL45-24-30(a)(16)
(2) That the hardship is not the result of any prior action of the applicant and does not result
primarily from the desire of the applicant to realize greater financial gain; and
(3) That the granting of the requested variance will not alter the general character of the
surrounding area or impair the intent or purpose of the zoning ordinance or the
comprehensive plan of the town of Narragansett upon which the zoning ordinance is
based; and
(4) That the relief to be granted is the least relief necessary.
In addition to the above, the zoning board of review shall consider:
(1) Access to air, light, views and solar access.
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(2) Public access to water bodies, rivers and streams.
(3) The conservation of energy and energy efficiency.
11.5 - Additional specific standards to be met for a use variance.
The zoning board of review, or where unified development review planning board, shall, in
addition to the standards listed in 11.4 of this section, require that evidence be entered into the
record of the proceedings that in granting a use variance the subject land or structure cannot yield
any beneficial use if it is required to conform to the provisions of the zoning ordinance.
Nonconforming use of neighboring land or structures in the same district and permitted use of
lands or structures in an adjacent district shall not be considered in granting a use variance.
11.6. - Standards to be met in granting a dimensional variance.
A dimensional variance is defined in section 2.2 as permission to depart from the dimensional
requirements of a zoning ordinance, where the applicant from the requested relief has shown, by
evidence upon the record, that there is no other reasonable alternative way to enjoy a legally
permitted beneficial use or special use of the subject property unless granted the requested relief
from the dimensional regulations. However, the fact that a use may be more profitable or that a
structure may be more valuable after relief shall not be grounds for relief.
In granting a dimensional variance, the applicant for relief must show by evidence upon the
record that the hardship that will be suffered by the owner of the subject property, if the
dimensional variance is not granted, amounts to more than a mere inconvenience, meaning that
relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is
proposed to be devoted.. The fact that a use may be more profitable or that a structure may be more
valuable after the relief is granted shall not be grounds for relief.
Furthermore, in granting a dimensional variance in conjunction with a special use permit, the
zoning board shall make specific findings of fact defining any environmentally sensitive feature(s)
to be protected and the manner in which the granting of the special use permit and dimensional
variance will enhance the protection of the environmentally sensitive feature(s).
11.7 Special Provisions - Modification
(a) General.
An application for modification of up to 15% or less from the literal dimensional requirements of
the zoning ordinance for the construction, alteration, or structural modification of a structure or lot
of record may be filed by any person, group, agency or corporation with the zoning enforcement
officer. Modifications do not permit moving lot lines.
(b) Application.
The application shall describe the requested modifications of 15 percent or less of the dimensional
requirements specified in the zoning ordinance. The zoning enforcement officer is authorized to
grant permits for modifications up to 15 percent or less of the dimensional requirements specified
in this zoning ordinance.
(c) Review procedure, notice and public hearing.
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(1). Within ten (10) days of the receipt of a complete request for a modification, the zoning
enforcement officer shall make a decision as to the suitability of the requested
modification.
(2). Upon an affirmative determination, in the case of a modification of five percent (5%) or
less, the zoning enforcement officer has the authority to issue a permit approving the
modification, without any public notice requirements.
(3). In the case of a modification of greater than five percent (5%), the zoning enforcement
officer shall notify, by first class mail, all property owners abutting the property which is
the subject of the modification request, and shall indicate the street address of the subject
property in the notice, and shall publish in a newspaper of local circulation within the city
or town that the modification will be granted unless written objection is received within
fourteen (14) days of the public notice.
(4). If written objection is received within fourteen (14) days, the request for a modification
shall be scheduled for the next available hearing before the zoning board of review on
application for a dimensional variance following the standard procedures for such
variances, including notice requirements provided for under this chapter. If no written
objections are received within fourteen (14) days, the zoning enforcement officer shall
grant the modification.
(d) Standards to be met in granting a modification.
In granting a modification, the zoning enforcement officer shall make findings that the following
standards are being met:
(1) The modification requested is reasonably necessary for the full enjoyment of the
permitted use;
(2) If the modification is granted, neighboring property will neither be substantially injured
nor its appropriate use substantially impaired;
(3) The modification requested does not require a variance of a flood hazard requirement,
unless the building is built in accordance with applicable regulations; and
(4) The modification requested violates any rules or regulations with respect to freshwater or
coastal wetlands.
(e)The zoning enforcement officer may apply any special conditions to the permit as may, in the
opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance.
(f)The zoning enforcement officer shall keep public records of all requests for modifications, and
of findings, determinations, special conditions, and any objections received.
(g)The costs of any notice required under this subsection shall be borne by the applicant requesting
the modification.
Section 13: Section 12, (Special Use Permits) of Chapter 731 of the Code of Ordinances of the
Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended at
subsections 12.1, 12.2, 12.3, 12.4, 12.6, 12.7, 12,10, 12.12, 12.14 with the following text, by
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deleting Section 12.5 in its entirety and replacing with the following text, and by addition
subsections 12.24, 12.25, 12.26, 12.27, 12.28, 12.29, 12.30, 12.31, and 12.32 as follows:
SECTION 12. - SPECIAL USE PERMITS
12.1. - Special use permits; application.
An application for a special use permit may be made by any person, group, agency, or
corporation by filing with the zoning enforcement agency an application describing the request
and supported by such data and evidence as may be required by the zoning board or, for unified
development review the planning board, for of review or by the terms of this ordinance. The zoning
enforcement agency shall transmit a copy of an application to the planning board in accordance
with section 18 (site plan review) of this ordinance and to the zoning board of review.
If a proposed land use is not specifically listed in section 6.3 of this ordinance, the property
owner may present a proposal to the zoning board for evaluation and determination of whether the
proposed use is of a similar type, character and intensity as a listed use requiring a special use
permit. Upon such determination the proposed use may be considered to be a use requiring a
special use permit.
12.2. - Review procedure.
The zoning enforcement agency, immediately upon receipt of a completed application for a
special use permit, may request that the planning board and/or planning division report its findings
and recommendations, including: findings that the proposal meets the criteria specified in Sections
4, 7, 12 and 17 of this ordinance for the special use being requested; and a statement on the general
consistency of the application with the goals and purposes of the comprehensive plan of the town
of Narragansett - however, consistency with the comprehensive plan cannot be a criterion for
issuing or denying a special use permit, in writing to the zoning board of review within 30 days of
receipt of the completed application in accordance with section 18 of this ordinance.
12.3. - Public hearing and notice.
The zoning board of review or, for unified development review the planning board, shall hold
a public hearing on any application for a special use permit in an expeditious manner, after receipt
of a completed application, in proper form, and provide notice of said hearing pursuant with the
provisions of section 11.3 of this ordinance.
A supplemental notice, that a special use permit is under consideration, may be posted at the
location in question. This posting shall be for informational purposes only and not constitute
required notice of a public hearing.
The cost of all notification shall be borne by the applicant and proof of the required mailing
the sender of the notice shall submit a notarized affidavit to attest to such mailing shall be presented
to the zoning board of review.
12.4. - Applicability.
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The zoning board or, for unified development review the planning board, may shall grant a
special use permit, following site plan review and approval in accordance with the procedures and
standards set forth in sections 4, 7, 12, 17, and 18 of this ordinance, for the following:
(1) Any use or structure designated as a special use permit use in section 6 or elsewhere in
this ordinance;
(2) Any use or structure proposed for construction in an overlay district;
(3) The use of a substandard lot of record, as provided in section 8 of this ordinance.
The zoning board of review or, for unified development review the planning board, may grant
a dimensional variance from the front, side, and rear yard requirements of section 6.4 or 6.5 for a
single-family dwelling and accessory structures in conjunction with a special use permit, provided
the relief granted does not have the effect of allowing a structure to be placed closer to a wetland
or coastal feature as described in section 4.3 or 4.4. If the special use could not exist without the
dimensional variance, the zoning board of review or, for unified development review the planning
board, shall consider the special use permit and the dimensional variance together to determine if
granting the special use is appropriate based on both the special use criteria and the dimensional
variance evidentiary standards. But in no event shall this increase the footprint or size of a dwelling
otherwise allowed in the particular overlay district in which relief is requested.
12.5. - Standards to be met.
The zoning board of review may not grant a special use permit unless it finds the following:
(1) That the use will comply with all applicable requirements and development and
performance standards set forth in sections 4 and 7 of this ordinance; except that the board
may grant a variance from dimensional setbacks incorporated in the development
standards of section 4.3(4) of the coastal and freshwater wetlands overlay district, and
section 4.4(c) of the coastal resources overlay district, in accordance with the
requirements of section 11 of this ordinance;
(2) That the use will be in harmony with the general purpose and intent of this ordinance
and the comprehensive plan of the Town of Narragansett;
(3) That the granting of the special use permit will substantially serve the public
convenience and welfare;
(4) That the use will not result in or create conditions inimical to the public health, safety,
morals, and general welfare;
(5) That it will not substantially or permanently injure the appropriate use of surrounding
property;
(6) In addition to the above, the zoning board of review shall consider:
a. Access to air, light, views, and solar access.
b. Public access to water bodies, rivers and streams.
c. The conservation of energy and energy efficiency.
The zoning board of review may not extend or enlarge a special use permit except by granting
a new special use permit.
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The zoning board of review may not grant a special use permit unless it finds evidence to the
satisfaction of the following standards that is entered into the record of the proceedings:
(1) That the special use is specifically authorized by this ordinance, and setting forth the exact
subsection of this ordinance containing the authorization;
(2) That the special use meets all of the applicable requirements, development and performance
standards, and criteria set forth in section 12 of this ordinance, the subsection of this ordinance
authorizing the special use and that the use will comply with all set forth in sections 4 and 7 of this
ordinance; except that the board may grant a variance from dimensional setbacks incorporated in
the development standards of section 4.3(4) of the coastal and freshwater wetlands overlay district,
and section 4.4(c) of the coastal resources overlay district, in accordance with the requirements of
section 11 of this ordinance;
(3) That it will not substantially or permanently injure the appropriate use of surrounding property;
(4) That the granting of the special use permit will not alter the general character of the surrounding
area or impair the intent or purpose of this ordinance or the comprehensive plan of the town of
Narragansett. In so doing, the board shall consider, whether or not satisfactory provisions and
arrangements have been or will be made concerning, but not limited to, the following matters,
where applicable:
a. Ingress and egress to the lot and to existing or proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire, emergency or catastrophe;
b. Off-street parking and loading areas where required, with particular attention to noise,
glare or odor effects of the special use permit on adjoining lots;
c. Trash, storage and delivery areas
d. Utilities, with reference to locations, availability and compatibility;
e. Screening and buffering with reference to type, dimensions and character;
f. Signs, if any, and exterior lighting with reference to glare, traffic safety, and
compatibility and harmony with lots in the zoning district;
g. Required yards and other open space;
h. General compatibility with lots in the same or abutting zoning districts.
(5) That the granting of the special use permit will substantially serve the public convenience and
welfare;
(6) That the use will not result in or create conditions inimical to the public health, safety, morals,
and general welfare;
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(7) In addition to the above, the zoning board of review shall consider:
a. Access to air, light, views, and solar access.
b. Public access to water bodies, rivers and streams.
c. The conservation of energy and energy efficiency.
(8) Special conditions. In granting a variance or special use permit, or in making any determination
upon which it is required to pass after public hearing under this ordinance, the board may apply
such special conditions that may, in the opinion of the board, be required to promote the intent and
purposes of the comprehensive plan of the town and this ordinance. Failure to abide by any special
conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be
based on competent credible evidence on the record, be incorporated into the decision, and may
include, but are not limited to, provisions for:
a. Minimizing adverse impact of the development upon other land, including the type,
intensity, design, and performance of activities;
b. Minimizing adverse impact upon town services and facilities;
c. Controlling the sequence of development, including when it must be commenced and
completed;
d. Controlling the duration of use or development and the time within which any temporary
structure must be removed;
e. Assuring satisfactory installation and maintenance of required public improvements;
f. Designating the exact location and nature of development;
g. Establishing detailed records by submission of drawings, maps, plats, or specifications;
h. Minimizing any adverse environmental impacts; and
i. Establishing hours of operation of the use.
The zoning board of review may not extend or enlarge a special use permit except by granting a
new special use permit.
12.6. - Industrial development standards.
The zoning board of review may grant a special use permit for the occupation or use of land or the
erection of a structure for industrial use in an I-A or I-B zone, provided the proposed development
complies with applicable industrial performance standards, the following development standards,
and all other applicable requirements of this ordinance.
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For uses of land within the I-A and I-B zones which do not require special use permits, the planning
board industrial performance commission (IPC) defined in subsection 5 hereunder shall act as a
site review commission, and shall set reasonable requirements for site design and construction
according to the industrial development standards hereunder. The industrial performance
commission planning board shall also certify that the proposal meets all applicable industrial
performance standards.
12.7. - Industrial performance standards.
No land shall be used nor structure erected or occupied for industrial use unless the town
industrial performance commission (hereafter "the commission") planning board has certified that
the proposed use complies with the following performance standards
12.10. - Development standards for motorcycle and/or automobile sales lots and open-air or drive-
in uses.
12.12. - Development standards for nursing homes, assisted living with nursing facilities,
independent and assisted living, group homes, or orphanages. nursing or convalescent homes,
group homes, or orphanages.
12.14. - Development standards for nursery schools and private schools (Reserved.)
(1) Standards for Special Use Permits for Use Code 756: Day nursery, nursery school,
kindergarten or other agency giving day care to children
a. State license required.
b. 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.
c. The parking plan shall provide safe pedestrian circulation with clearly marked
crosswalks from each parking area to the building entrance(s).
d. There shall be a landscaped buffer along any lot line, excluding driveways, which
shall include evergreen vegetation.
e. All landscape plans shall be approved by the Planning Board.
12.24 Development standards for Residential Special Use Permits
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Residential Use
category of the Table of Use regulations unless it finds the applicable standards in Sections 4, 7
and 12 are met, and, where applicable, the following standards are met:
(1) For all Residential Special Use Permits the following standards apply:
a. Parking. On site parking must be provided as prescribed in sections 7.9, 7.10, and 7.11 of
this ordinance unless otherwise specified.
b. Landscaping, buffer areas and illumination. The development must comply with all
requirements for landscaping, buffer areas and illumination prescribed in section 7.8 of this
ordinance.
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c. Trash disposal. The building(s) shall be provided with an enclosed trash container and
separate recycling container sufficient to accommodate all trash and waste stored on the
premises. The containers and utility area shall comply with provisions of section 7.3(5) of
this ordinance.
d. Traffic. The development shall not cause traffic service on nearby streets and highways to
fall below a C level of service (LOS), as defined by the Transportation Research Board. A
traffic study may be required.
e. Utilities.
1. In order to be considered for approval, lots located in soils limitation districts A and
B must be served by public water, sewer, and other utilities (see section 4.5, high
water table limitations overlay district).
2. In other areas the board may consider individual sewage disposal systems (ISDS)
as an option for: single family detached dwellings, two family dwelling(duplex),
taking of boarders by resident family, and rectory; provided:
i. All state agencies with authority over onsite wastewater treatment system
(OWTS) have approved such a disposal design for said lot and the number
of bedrooms proposed,
ii. Public water is available.
3. If public water is not available for a proposed single family detached dwellings,
two family dwelling(duplex), taking of boarders by resident family, and rectory,
approval is conditioned on a requirement that the building(s) will be adequately
serviced by a private potable water supply approved by RIDOH.
(2) Additional Special Use Permit Standards for Use Code 02 Two-family dwelling or duplex
a. Minimum lot of 100,000 square feet buildable area per duplex.
b. Setbacks, building coverage, height same as Single Family dwelling in R80
(3) Additional Special Use Permit Standards for Use Code 061 Taking of boarders by a resident
family (5-12 roomers or boarders)
a. License required
b. Onsite parking must be provided with 1 additional space per each boarder over 4 beyond
what is required for single-family dwellings.
c. The dwelling must be owner occupied with the owners living on site.
(4) Additional Special Use Permit Standards for Use Code 0631 Dormitory
a. Dormitories are only allowed as an accessory use to a primary institutional use in the IA
& IB Industrial zones.
c. Public water required.
d. Sewer required.
e. Development Standards of Section 12.6 & 12.7 apply.
(5) Additional Special Use Permit Standards for Use Code 0632 Rectories, convents, monasteries
a. Site: minimum 1 acre for convents and monasteries.
b. Density requirements. Minimum lot size. The lot shall consist of not less than five
thousand (5,000) square feet of land per bedroom.
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c. Number of occupants. Occupancy shall be limited to not more than one (1) person per
bedroom.
d. Maximum lot coverage. The total coverage by all principal and accessory buildings and
structures shall not exceed 20 percent of the total lot area.
e. Front, side, and rear yards. The minimum dimension of front, side, and rear yards shall be
at least 40 feet, unless the lot abuts a residential zone with greater minimum yard
dimensions. In that case, the dimension of the yard which abuts the residential zone must
be equal to the dimension required in the residential zone.
f. Height. In a development, no principal building shall be more than 30 feet high, and no
accessory building or other structures shall be more than 16 feet high.
g. Minimum lot width. Each zoning lot shall have a minimum width of 200 feet measured
along the lot frontage on a town street, which has been accepted for maintenance, or on a
state highway.
h. Utilities. The structure shall be serviced by public water and sewer.
i. Parking. Onsite parking must be provided with 1 space per bedroom, subject to all other
requirements of Section 7 of this ordinance.
j. Signs must meet the standards of section 7.18(i)(5) of this ordinance.
(6) Additional Special Use Permit Standards for Use Code 07 Hotel
The zoning board of review may grant a special use permit for one or more hotel structures and
accessory uses in an R-10A, BA, BB, or BC zone provided the proposed development complies
with the following development standards, in addition to all other applicable requirements of this
ordinance.
a. Minimum lot size. The lot shall consist of not less than fifty thousand (50,000) square feet
of land for the first twenty (20) rooms, and five hundred (500) square feet of land for each
additional unit. The lot or tract on which the motel or tourist court is located shall be owned
by one person or corporation or group of persons or corporations.
b. Accessory uses. Subject to the approval of the planning and zoning boards, accessory uses
may include, not limited to, necessary office, parking, and maintenance areas, a lunch room
or restaurant, cocktail lounge, gift shop, pool or marina. Parking standards may be adjusted
based on needs generated by accessory uses.
c. Height. No principal building shall be more than 35 feet high. No accessory building or
structure shall be more than 16 feet high.
d. Minimum lot width. Each zoning lot shall have a minimum width of 200 feet measured
along the lot frontage on a town street which has been accepted for maintenance or on a
state highway.
e. Utilities. In order to be considered for a special exception, the lot must be served by public
water, sewer, and other utilities. No individual sewage disposal systems or wells shall be
permitted.
f. Illumination. Outdoor lighting shall comply with the requirements of section 7 of this
ordinance. Landscaping shall be planted so as to minimize ground illumination which
might otherwise interfere with any nearby residential uses.
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12.25 Development Standards for Agriculture, Extractive and Industrial Manufacturing
Uses
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Agricultural,
Extractive, and Industrial Manufacturing Use category of the Table of Use regulations unless it
finds the applicable standards in Sections 4, 7 and 12 are met, and, where applicable, the
following standards are met:
See Sections 12.6 and 12.7 of this Ordinance for Special Use Permit development standards in
industrial zones.
(1) Standards for Special Use Permits for Use Code 10 Crop & Livestock Farm.
a. Site. There is no minimum size for a crop farm. The minimum size for livestock farm is
5 acres of developable land except for poultry where the minimum size is 10,000 sq. feet
of developable land.
b. All animals must be contained on the property. Buildings for housing livestock shall be at
least forty (40) feet from any property line.
c. For livestock farms, applicants must have an approved USDA Natural Resource
Conservation Service (NRCS) plan for the number of animals that will be on the property.
The minimum setback for animal fencing to contain livestock must be 20 feet from abutting
properties.
d. Poultry farms may not have a rooster in R10 and R10A zones.
e. All farms must have an approved erosion and stormwater management plan to prevent soil,
dust and any manure from leaving the property.
f. Retail sales are not permitted on farms in R10 and R10A zones with the exception of a
small farmstand for selling produce grown on the property in compliance with RIDEM
regulations. On-site sales of produce are only permitted if there are adequate parking
facilities on the lot for at least 2 customer vehicles.
1. Farmstand. A farmstand is a rustic, freestanding accessory structure or from a
vehicle used only for the seasonal sale of farm products as permitted by this
ordinance. Farmstands may be structures or may be wagons or trailers and is used
only for the sale of seasonable farm products, the major portion of which are grown
or produced on the premises.
2. Farmstand structures, other than motor vehicles, shall not exceed two hundred (200)
square feet in total floor area and fifteen (15) feet in height. There shall be no space
available to patrons inside the farmstand. Farmstands may provide self-service
customer access to goods for sale within the farmstand structure subject to
compliance with applicable life safety codes. Yard setbacks shall be regulated by
the appropriate dimensional regulations for accessory structures as provided in
Section 6.
g. Off-street parking and loading. Off-street parking for farmstands shall be a minimum of two
(2) onsite parking spaces. All such parking areas shall be set back at least ten (10) feet from
the paved portion of the street and shall be physically restricted or channeled on the lot to
define a readily recognizable driveway between the highway and the parking area, and to
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prevent parking directly along highway shoulders. Parking areas for farmstands do not need
to be paved.
h. Signage. Signs must comply with section 7.18 of this ordinance.
i. No field crop farm, livestock farm shall conduct activities that would cause deleterious
effects upon neighboring property, including, but not limited to, the following:
1. Pollution of any waterways or water bodies;
2. Contamination of neighboring property from any insecticides, fertilizers or similar
chemical agents.
3. In addition, the processing of agricultural products shall be limited to those
activities normally accessory to and necessary for an agricultural activity conducted
on the premises.
j. Storage of farm vehicles and equipment. The storage of farm vehicles and equipment is
permitted as an accessory use to a permitted agricultural activity. The outdoor storage of
farm vehicles such as tractors, etc., and farm equipment, animal feed, hay or manure when
located on a lot in R10, R10A shall be screened by a fence or landscape plantings.
(2) Special Use Standards for Use Code 1122 Veterinarian and animal hospital
A veterinarian or animal hospital may be allowed by special use permit in those zones specified in
Section 6, subject to the following conditions:
a. The lot or parcel on which the veterinary hospital is to be located consists of at least fifty
thousand (50,000) square feet.
b. Utilities. The facility must be served by public sewer and water.
c. The veterinary hospital may include one (1) accessory single-family residence, with no
more than two (2) bedrooms containing no more than one thousand five hundred (1,500)
square feet of living area for the caretaker/employee family of the hospital only. The
accessory residence shall be designed and constructed in such a way as to maintain the
appearance of the use of the lot as a veterinary hospital.
d. Trash disposal. The building(s) shall be provided with an enclosed trash container and
separate recycling container sufficient to accommodate all trash and waste stored on the
premises. The containers and utility area shall comply with provisions of section 7.3(5) of
this ordinance.
e. Landscaping, Buffering, and Illumination. The site shall otherwise comply with
landscaping, buffering and illumination requirements of Section 7.8 of this ordinance.
f. Parking. Parking. Off street parking must be provided and shall comply with the standards
in Sections 7 of this ordinance.
g. Signage. Signs must comply with section 7.18 of this ordinance.
h. In reviewing a veterinary use the zoning board shall consider the mitigation of impacts
relate noise, handling and disposal of animal waste.
i. The veterinary hospital use shall meet all the requirements of Development Plan Review.
j. Odors. No significant odors extend beyond the edges of the lot.
(3) Special Use Standards for Use Code 1129 Animal husbandry service or other raising or
breeding of animals.
a. The lot or parcel on which the animal husbandry service is to be located consists of at least
five (5) acres.
b. Landscaping, Buffering, and Illumination. The site shall otherwise comply with
landscaping, buffering and illumination requirements of Section 7.8 of this ordinance.
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c. Trash disposal. The building(s) shall be provided with an enclosed trash container and
separate recycling container sufficient to accommodate all trash and waste stored on the
premises. The containers and utility area shall comply with provisions of section 7.3(5) of
this ordinance.
d. Odors. No significant odors extend beyond the edges of the lot.
(4) Special Use Standards for Use Code 1961 Boat Storage
a. Site. A boat storage area must have a minimum lot size of 40,000 sq ft of developable
land.
b. The lot or parcel on which the use is to be located shall be serviced by the municipal sewer
system.
c. The storage area shall be completely enclosed along all lot lines by a solid fence or wall a
minimum of 8 feet and a maximum of 12 feet in height, including ingress and egress.
Fences or walls along the front or corner side lot line shall be set back a minimum of 5 feet.
Within that setback, 1 shrub a minimum of 5 feet in height shall be planted linearly every
8 feet on-center along such fence or wall.
d. Storage of any kind is prohibited outside the fence or wall. No items stored within 10 feet
of the fence or wall may exceed the height of the fence or wall.
e. No boat that exceeds thirty (30) feet in length or twenty-five (25) feet in height (including
support stands) shall be serviced or stored on the lot or parcel.
f. The storage area 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.
g. No service bays within any structure shall face a residential zoning district.
h. The site shall otherwise comply with landscaping, buffering and illumination requirements
in Section 7.8 of this ordinance and parking requirements of Section 7.9, 7.10 and 7.11 of
this ordinance.
The use shall meet all of the requirements of Development Plan Review, Section 17.3.
12.26 Development Standards for Transportation, Communication and Utility Uses
(1) Development standards for Use Code 4462 Commercial dock or pier
a. Hours of operation are compatible with the uses of the adjoining properties.
b. Compatibility of the commercial dock or pier with uses of the adjoining properties.
c. Completion of a parking needs analysis and provision of sufficient parking.
d. Economic benefit to the town of Narragansett.
e. Signage. Signs must comply with section 7.18 of this ordinance.
f. Illumination must comply with section 7 of this ordinance.
(2) Development standards for Use Code 4813 Radio or TV station
a. Site. Minimum of 20,000 sq. ft. of buildable land.
b. Signage. Signs must comply with section 7.18 of this ordinance.
c. Illumination, landscaping must comply with Section 7 of this ordinance.
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d. If a transmission tower is involved in the station onsite, the facility must also meet the
development standards for transmitters and towers required in Section 12.26.3 of this
Ordinance.
(3) Development standards for Use Code 4819 Transmitters and towers
a. Application requirements. All applications for permits to construct, install or erect
transmitters, and towers including cellular communications towers or equipment shelters,
or to install, mount or erect cellular communications antenna arrays on existing buildings
or on other alternate antenna support structures, shall include the following information:
1. The applicant shall supply a definition of the area of service and indicate the current
coverage capacity.
2. The applicant shall supply information showing that the proposed facility would
provide the needed coverage and/or capacity.
3. The applicant shall provided a map or maps, covering the entire town and showing
all existing, proposed or planned sites of such carrier, including alternative sites
from which the needed coverage could also be provided, and indicating the zoning
for all such sites.
4. Should an existing structure not be utilized, the applicant shall provide evidence as
to why such structure has not been utilized.
5. The applicant shall indicate how the site will be designed to co-locate future
carriers, and how many of such carriers can be technically accommodated. The
application shall contain a statement that if the site will physically support co-
location, any co-location applicant willing to sign a commercially reasonable lease,
shall be allowed to co-locate.
6. A scaled plan and a scaled elevation view and other supporting drawings and
calculations, indicating color and other documentation; and showing the location
and dimensions of the relevant cellular communications tower, cellular
communications antenna array, equipment shelter and any and all other devices and
attachments, including electrical wiring, cable, wire or other connective materials
to and from the antennae to the equipment shelter, and to and from the equipment
shelter to any existing or proposed wires, cables or other connective devices,
including conduit and ducts, whether owned, operated or managed by the applicant,
or by others, and a statement identifying the owner, operator or manager of any
wires, cables or connective devices that enter or exist on or along any public street
or right-of-way.
7. Proof of ownership of the land upon which a cellular communications tower,
antenna array or equipment shelter is proposed to be constructed, installed, erected,
mounted or attached or a copy of an appropriate easement, lease, or rental
agreement;
b. The zoning board of review shall make affirmative findings of fact relative to each of the
following factors in determining whether to issue a special use permit for the construction
of a transmission tower or cellular communications tower:
1. Applicant has made reasonable efforts to utilize existing structures for a cellular
communications antenna array and that no other structures are reasonably available
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within the area sought by the applicant to produce adequate communications
coverage for the applicant.
2. Applicant has made reasonable efforts to avoid the necessity of erecting a new
tower, including, but not limited to, the construction of a permitted structure on
which a cellular communications antenna array could be placed.
3. Applicant's proposed tower comports with the height restrictions and/or
requirements provided for herein.
4. Applicant's proposed tower comports with the use requirements and/or restrictions
provided for herein, as well as the uses of the neighboring properties.
5. Applicant's proposed tower comports with the surrounding topography, tree
coverage and other natural elements of the landscape of the proposed site and
applicant's property.
6. Applicant's proposed tower comports with the design characteristics that reduce or
eliminate adverse impacts on the community including type (guyed tower, lattice
tower or monopole) of tower or antenna array, color of tower or antenna array, and
overall visual obtrusiveness.
c. Development standards are as follows:
1. Communications towers shall be set back from all property lines a minimum of one
(1) foot for each one (1) foot of tower height. When the property abuts an Historic
Overlay District, the setback distance from such district shall be one and one-half
(1½) foot for each one (1) foot of tower height.
2. All tower supports, accessory equipment, equipment shelters, and peripheral
anchors, including guy wire anchors, shall be set back from all property boundaries
the minimum distance required for a principal structure for the zoning district in
which a cellular communications tower is to be located, and shall comply with all
other applicable zoning requirements and building codes.
3. Equipment shelters shall be obscured from view by being placed among or
surrounded by trees, shrubs or fences and shall be locked at all times and shall be
clearly labeled as to the person to be contacted in the event of an emergency. At a
tower site, the design of the buildings and related structures shall use materials,
colors, textures, screening and landscaping that will blend the tower facilities to the
natural setting and existing environment.
4. For the erection of a cellular communications tower, the proposed facility shall
preserve or enhance the preexisting character of the surrounding buildings and land
uses as much as possible. All components of the proposed facility shall be
integrated through location and design to be compatible with the existing
characteristics of the site to the extent practical. Existing on-site vegetation shall be
preserved or improved and the disturbance of the existing topography shall be
minimized, unless such disturbance would result in less visual impact of the facility
on the surrounding areas.
5. To ensure the structural integrity of towers, the owner of a tower shall ensure that
it is constructed and maintained in compliance with standards contained in the state
building code as amended from time to time. If upon inspection, the building
official concludes that a tower fails to comply with such code and standards; and
constitutes a danger to persons or property, then the building official shall proceed
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in accordance with RIGL 23.27.3, entitled state building codes. Towers must be
structurally inspected by a registered engineer every ten (10) years and a certificate
of such inspection shall be filed with the building official. Towers shall either
maintain a galvanized steel finish or, subject to any applicable Federal Aviation
Administration standards, be painted a neutral color, so as to reduce visual
obtrusiveness.
6. For the erection of a cellular communications antenna array on an existing structure,
the proposed facility shall preserve or enhance the pre-existing character of the
building or structure on which it is located, as well as the surrounding buildings and
land uses. All components of the proposed facility shall be integrated through
location and design to be compatible with the existing characteristics of the site to
the extent practical. If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be of a neutral
color identical to, or closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive as possible.
Where wireless telecommunications are installed on buildings, a parapet shall be
installed to minimize the adverse visual impact of the tower and/or antenna.
Further, the height of a cellular communications antenna array shall not exceed the
height of existing structure by more than twelve (12) feet if omni-directional or
whip type antennae are used, and by not more than six (6) feet if directional or panel
type antennae are used.
7. No cellular communications tower or cellular communications antenna array shall
be permitted within the Historic Overlay District as provided in Section 5 of this
ordinance.
8. Towers shall not be artificially lighted, unless required by the Federal Aviation
Administration or other applicable authority. If lighting is required, the reviewing
authority may review the available lighting alternatives and approve the design that
would cause the least disturbance to the surrounding views.
9. There shall be no signs, symbols, flags, banners or other devices or things attached
to or painted or inscribed upon any tower.
10. All antennae shall comply with applicable Federal Communication Commission
and Federal Aviation Administration regulations.
11. Existing on-site vegetation shall be preserved or improved and the disturbance of
the existing topography shall be minimized, unless such disturbance would result
in less visual impact of the facility on the surrounding areas. Appropriate screening
shall be installed at all tower sites to screen views from adjacent properties and
streets. Planting shall be of such a height and density to ensure screening. Screening
shall consist of plant and/or tree material approved by the director of planning.
Screening shall not be less than five feet in width, nor less than eight (8) feet in
height. Screening may be waived on those sides or sections which are adjacent to
undevelopable lands. The owner of the property shall be responsible for all
maintenance and shall replace any dead plantings within thirty (30) days.
d. All communication towers, structures and facilities which have not been used for a period
of one (1) year shall be considered abandoned and shall be dismantled and removed at the
owner's expense. The owner of such facility shall remove same within ninety (90) days of
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receipt of notice from the building official. The applicant shall post a bond or cash security
with the finance director sufficient to cover the cost of removal and restoration of the site
prior to construction in any zone. The amount of said bond or security shall be estimated
by the building official. If such antenna or tower is not removed within 90 days of receipt
of notice, the town may take the necessary action to remove the facility and restore the site
to a condition consistent with the character of the surrounding area, at the owner's expense.
(4) Development standards for Use Code 482 Power Generation Station
The following standards are applicable to all Power Generation Developments
a. Site. Minimum area of 20,000 sq. ft. of buildable area.
b. Utilities. Must be located on public water or have a dependable water supply sufficient to
meet the generation and cooling needs of the station. Must have adequate access to the
electric grid without the need to develop extensive (more than 0.1 mile of) high-power
transmission lines to connect the plant to the existing power grid or an existing power line
corridor.
c. Noise. No significant odors (air emissions), noise, vibrations or lighting extending beyond
the edges of the lot when the facility is operating.
d. Landscaping, screening, buffering and lighting per Section 7 of this ordinance.
e. Provisions for storing fuel necessary for the generation station for a minimum of 3 months
operation on site in safe and secure facility that will not pollute surface or groundwaters
and is not vulnerable to damage from 100 year flooding or class 3 hurricane.
f. Use is compatible with surrounding properties and will not detract from neighboring
property uses.
g. Minimum setbacks of 50 feet from all property boundaries.
h. Security. Perimeter of the facility must be fenced for security to prevent unauthorized
access.
1. Security measures which are not inconsistent with the requirements prescribed by
the Federal Energy Regulatory Commission shall be provided and approved by the
Chief of Police or his/her designee.
2. All means of shutting down the facility shall be clearly marked. The facility owner
or operator shall:
i.
Provide a copy of the facility's emergency action plan to the Narragansett
Fire Chief;
ii.
Cooperate with federal, state, and local emergency services in developing
emergency response actions; and
iii.
Identify a responsible person for public inquiries throughout the life of the
facility.
i. Signs. No signs are allowed on the security perimeter fencing except for a required sign
displaying the installation name, address and emergency contact information no greater
than six (6) square feet in surface area, and trespassing/warning/danger signs to ensure the
safety of individuals who may come in contact with the installation. Signs must be
consistent with Section 7.18 of this ordinance.
j. Application. The application for a Power Generation Station must include:
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1. A copy of the Preliminary Interconnection Feasibility Study from National Grid or
the applicable utility company;
2. A thorough explanation of any transmission lines access or upgrade required as a
result of the project, including, but not limited to, the route starting and end points,
potential impacts to street trees, and right-of-way width.
3. A thorough explanation of any new or proposed upgrades to electrical substations
that are related to the proposed project. Information necessary is including, but not
limited to, location, screening, setbacks and noise impacts.
4.1 Solar Energy - Ground-mounted solar power system. The review of solar energy systems shall
be conducted according to the following procedures:
a. Minor systems (1--39,999 sq. ft.).
1. All new minor solar energy systems shall be subject to development plan review
conducted by the planning board. Minor solar energy systems shall not be
considered land development projects when developed on a parcel with another
principal use, unless such use is required in and of itself to undergo review as a land
development project and the minor solar energy system is submitted concurrently
for review.
2. The development plan review of new minor solar energy systems proposed on
parcels directly abutting residential zoning districts shall include a public hearing,
advertised and noticed pursuant to the requirements for public notice contained
within the town subdivision and land development regulations.
b. Major systems (= or > 40,000 sq. ft.). All new major solar energy systems shall be
considered and reviewed as major land development projects pursuant to the subdivision
and land development regulations of the Town of Narragansett, as amended. Expansion of
the surface area of such a major solar energy system, as well as any change or upgrade of
the electrical infrastructure, shall be subject to development plan review and the
requirements of this section.
c. Changes to approved systems. All proposed changes and upgrades to major and minor solar
energy systems shall be submitted to the administrative officer of the planning board for
determination as to whether such constitutes a major change or upgrade. Major changes
shall include, but not be limited to, increases to the surface area or ground coverage of the
system, and changes to the system's infrastructure that result in additional disturbance of
land. Major changes shall be reviewed using the same process by which the solar energy
system was originally reviewed. Minor changes shall be reviewed and approved by the
administrative officer, or referred to the planning board as a major change.
d. Solar energy systems and any associated equipment shall not be allowed on land held under
conservation easement or land for which the development rights have been sold,
transferred, or otherwise removed from the parcel, unless the conditions of the easement,
deed, or other applicable legal document specifically allows the installation of a solar
energy system, or shall receive approval for the disturbance or use of such lands by the
holder(s) of the easement or restriction.
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Application requirements for solar energy systems.
e. When review by the planning board of a minor, or major solar energy system is required,
all applications shall include, in addition to the requirements set forth in the town's
subdivision and land development regulations, the following:
1. A project narrative, which shall contain a summary of the proposed facility, a
description of the facility's context in relation to neighboring land uses and
environmental features, and detail regarding the proposed operational
characteristics of the solar energy system, including key features concerning the
means and methods planned to minimize or avoid off-premises impacts to adjoining
land uses; and
2. A statement regarding the existing or proposed energy usage of the property, if any,
and a comparison of such usage to the proposed energy production of the system.
3. A landscape plan, which meets the requirements of the town's subdivision and land
development regulations and this section, and depicts the locations and types of
both existing and proposed vegetation;
4. Identification as to whether any prime farmland or farmland of statewide
importance exist on-site, as determined by the United States Department of
Agriculture Natural Resources Conservation Service within the most recent Rhode
Island Soil Survey;
5. Identification of any RI Department of Environmental Management Natural
Heritage Areas that may exist on site;
6. A soil erosion, runoff and sediment control plan that meets the requirements of the
town's soil erosion, runoff and sediment control ordinance, and identifies the extent
of proposed limits of clearing and/or disturbance, including the areas cleared and/or
disturbed during construction;
7. A lighting plan for the premises;
8. Identification of access entry drives and any interior driveways and rights-of-ways,
along with their material for construction, right-of-way width, and paved width;
and
9. A grading and drainage plan, indicating any necessary regrading of the site and the
provisions for accommodating run-off from the solar energy system, prepared by a
certified professional engineer, registered to practice in Rhode Island.
10. A decommissioning/restoration plan which shall include a description of all
activities necessary to remove all system components from the site, including any
revegetation or regrading, and an itemized estimate of the cost of decommissioning
and removal of the solar energy system;
11. Documentation that an operations and maintenance plan, detailing the provisions
for maintaining the facility in good condition and the security provisions that will
be implemented to prevent unauthorized access, has been approved by the director
of public services; and
12. Documentation that a public safety preparedness and response plan, detailing the
standards, procedures, and communication protocol to be utilized at the facility and
in the event of an emergency, and documentation indicating that the plan has been
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approved by the police chief, the fire chief of the applicable fire district, and the
director of emergency medical services.
13. Proof of liability insurance in an amount approved by the town (required at final
stage);
14. A copy of the Preliminary Interconnection Feasibility Study from National Grid or
the applicable utility company;
15. A thorough explanation of any transmission lines access or upgrade required as a
result of the project, including, but not limited to, the route starting and end points,
potential impacts to street trees, and right-of-way width.
16. A thorough explanation of any new or proposed upgrades to electrical substations
that are related to the proposed project. Information necessary is including, but not
limited to, location, screening, setbacks and noise impacts.
f. Conditions. Any major land development project approval of a major solar energy system
shall be conditioned on, at a minimum:
1. The establishment and posting of a cash surety or bond which will not expire prior
to the life of the solar development, in an amount determined by the planning board
deemed sufficient to cover the cost of decommissioning and removal of the solar
energy system at the end of its useful life or when abandonment occurs plus
inflation, which if cash shall be held in a restricted account until decommissioning
has occurred; and
2. The placement of a lien against the real property on which the solar energy system
in located to cover all costs associated with decommissioning of the system that
exceed the value of the cash surety or bond. Said lien shall be recorded in the
Narragansett Land Evidence Records prior to issuance of any required building or
electrical permits required for construction of the system and shall not be removed
until decommissioning has occurred.
3. Provision of an on-site public safety response training with the police chief, and/or
their designee(s), the fire chief of the applicable fire district, and/or their
designee(s), and the emergency medical services director, and/or their
designee(s),within one (1) month of completion of installation of the system;
g. To ensure the fulfillment of the requirements of this section, the planning board or the
zoning board of review shall have the authority to require the following:
1. Adjustments to the proposed location of the solar energy system determined
necessary to mitigate negative impacts to adjacent properties, or to reduce the
amount of clearing necessary for installation; and
2. The provision of additional landscaping beyond the minimum requirements of this
section and the town's subdivision and land development regulations, where such
is necessary to mitigate negative impacts to adjacent properties or prominent
community viewsheds, or due to the unique characteristics of the subject property.
3. The zoning board of review, as part of the review and approval of the special use
permit, may allow waivers from or modification to the requirements of subsection
12.26(4)(1)(d), when such are deemed necessary due to the unique site
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characteristics or when such would be in the interest of good planning practice.
Applicants for special use permits requesting waivers or modifications to the
requirements of subsection 12.26(4)(1)(d) shall discuss their request with the
planning board, who shall provide an advisory opinion to the zoning board of
review.
h. General requirements for solar energy systems.
1. The construction and operation of solar energy systems shall comply with all
applicable federal, state, and local requirements, including, but not limited to, all
applicable safety, construction, electrical, and communications requirements. All
buildings and fixtures forming part of, or associated with, a solar energy system
shall be constructed in accordance with the Rhode Island State Building Code.
2. The maximum height of ground-mounted solar energy systems shall be no more
than twelve (12) feet above finished grade, except for solar canopy systems, which
shall be allowed the maximum accessory building height for the district in which
the canopy is located.
3. Solar energy systems shall be sited and designed to minimize any negative aesthetic
impacts on neighboring properties, or on prominent viewsheds.
4. Applicants shall propose an appropriate buffer that adequately mitigates visual
impacts on surrounding properties and the neighborhood in general. Selection of
the proposed buffer should be based on the context and characteristics of the
specific site, and shall be done in consultation with a RI licensed landscape
architect. The buffer must be adequate to thoroughly screen the solar energy system
year round. In addition, the required vegetated buffer shall be maintained for the
life of the solar energy system. Additional landscaping and buffer widths may be
required by the Planning Board where deemed necessary to mitigate negative
impacts. Choices include, but are not limited to:
i.
Fifty-foot wooded buffer; or,
ii.
Twenty-foot partial landscape screen; or
iii.
Ten-foot full landscape screen.
5. All solar energy systems shall be designed and located to prevent reflective glare
toward any inhabited buildings on adjacent properties. Glare generated from solar
panels shall not interfere with traffic or create a safety hazard.
6. On-site drainage management and erosion and sedimentation control shall conform
to the latest Rhode Island Stormwater Design and Installation Standards Manual,
and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable
town regulations.
7. All utility connections from the solar energy system shall be placed underground.
If utility connections are approved to be above-ground via a request for a waiver,
the zoning board of review, for systems requiring a special use permit, or the
planning board, for systems allowed by right, shall make findings of fact relative to
the necessity for above-ground connections, which shall be incorporated in to the
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written special use permit, development plan or major land development project
approval.
8. Clearing of natural vegetation shall be strictly limited to what is necessary for the
construction, operation, and maintenance of the solar energy system or as otherwise
prescribed by applicable laws and regulations. Removal of trees within a town
right-of-way shall be subject to receipt of a tree permit, which shall be approved at
the discretion of the town tree warden. Excavation and filling of project sites shall
be limited to what is necessary to stabilize the installation area.
9. Lighting of the solar energy system shall comply with Section 7.8 and shall be
limited to that required for safety and operational purposes. All site lighting shall
be directed downward and incorporate full cut-off fixtures to reduce light pollution
and confine the light footprint to the facility site.
10. All mechanical equipment associated with solar energy systems, including, but not
limited to, controls, energy storage devices, batteries, heat pumps, exchangers, or
other materials, hardware, or equipment necessary to the process by which solar
radiation is converted into another form of energy shall be designed to prevent
unauthorized access.
11. Solar energy systems located on prime farmland or farmland of statewide
importance, as determined by the United States Department of Agriculture Natural
Resources Conservation Service within the most recent Rhode Island Soil Survey,
shall be designed and installed to ensure that:
12. The land beneath the solar energy system is reseeded after installation with grass
or low growth vegetation that is listed in the University of Rhode Island's native
plant database and, if such soils need to be removed from beneath the system for
installation purposes, the soils are relocated to and spread over an undisturbed area
of the site to allow the soils to be placed into productive use;
i. Any invasive species found to grow upon the land underneath the system are controlled or
eliminated without the use of herbicides so that the soil remains usable for future
agricultural purposes;
j. Siting of the systems shall keep with the existing contours of the land, and only pile driven
or ballast block footings are to be used, so to minimize disturbance of soils during
installation; and
k. Required vegetative buffers are composed of plant materials listed in the University of
Rhode Island's native plant database, with a preference for pollinator-friendly materials.
1. All panels, equipment, and structures associated with a major or minor solar energy
system shall meet the principal setback requirements prescribed by the zoning
district in which they are located, except that major solar energy systems shall be
set back from property lines abutting residentially zoned parcels, or parcels
containing residential uses, a minimum of fifty (50) feet, and from property lines
abutting public and private roads a minimum of one hundred (100) feet. Additional
setback distances may be required where necessary to mitigate negative impacts.
Required setbacks shall be measured from the edge of the panel or associated
equipment, not including any perimeter fencing.
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2. Solar energy systems, including all associated equipment, shall be enclosed by a
perimeter fence, which shall be not less than six (6) feet in height and, as feasible,
shall incorporate wildlife passage features for small mammals and birds in its
design and installation. The perimeter fence shall be secured from unauthorized
entry.
3. The site design for major and minor solar energy systems shall include adequate
access and parking, and driveway and access aisle widths shall allow accessibility
to the solar energy system premises by the property owner and emergency response
personnel and equipment.
4. A means of shutting down the solar energy system connection to the electric utility's
interconnection shall be clearly and sufficiently marked.
5. The ground cover and subgrade beneath the solar panels and associated equipment
shall be designed to provide a stable, structural surface capable of properly
supporting the components of the solar energy system. Grass is the preferred
treatment versus gravel, crushed stone or the like, however each application shall
be assessed during the development review and/or major land development project
process to determine the most appropriate ground cover.
6. Any new proposed access entry drives from public rights-of-way shall require the
issuance of Physical Alteration Permits (PAP) from the town or RIDOT depending
on whether town or state roadways are being utilized for access purposes.
7. The solar energy system shall be maintained by the solar energy system owner
and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall
include, but not be limited to, painting, structural repairs, buffers, vegetation
management, and integrity of security measures. The equipment shall remain in
good repair and working order. Malfunctioning or inoperable equipment shall be
removed from the property and disposed of in accordance with all applicable
federal, state, and local regulations.
8. A sign shall be posted at the solar energy system, displaying the name of the owner
and operator of the facility and providing a twenty-four-hour emergency contact
number. Said sign shall be no greater than six (6) square feet in surface area. The
solar energy system shall not be used for displaying any advertising except for
reasonable identification of the operator of the facility. Any such signage shall
comply with article 8, Signs.
l. Abandonment and decommissioning.
1. Any solar energy system that has reached the end of its useful life or has been
abandoned shall be removed no more than one hundred eighty (180) days after the
date of discontinued operations. The property owner or operator shall notify the
zoning enforcement officer and the administrative officer of the proposed date of
discontinued operations and plans for removal. Decommissioning shall consist of
the following: (1) removal of all solar energy system-related structures,
foundations, equipment, security barriers, and transmission lines from the site; (2)
disposal of all solid and hazardous waste in accordance with applicable disposal
regulations; (3) stabilization and re-vegetation of the site as necessary to prevent
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erosion. At the time of decommissioning, the applicant shall employ a RI
landscaped architect to assess whether any re-vegetation of the site is necessary.
2. Development plan and/or major land development project approval of a principal
solar energy system shall contain a condition of approval establishing a cash surety
for the decommissioning and removal of the system. The planning board shall
require that the financial guarantee be paid prior to issuance of any required
building or electrical permits necessary for construction. The amount of the cash
surety shall be established at the time of approval, and shall take into account
anticipated inflation. The terms of payment and process for release shall be
established by the town's subdivision and land development regulations. Release
shall not occur until the system is fully removed from the site.
3. Development plan and/or major land development project approval of a principal
solar energy system shall contain a condition of approval requiring a lien to be
placed upon the real property on which the solar energy system is located. The
planning board shall require that the lien be placed prior to issuance of any required
building or electrical permits necessary for construction. Release of the lien shall
not occur until the system is fully removed from the site.
4. Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the solar energy system shall be considered abandoned
when it fails to operate, or is not connected to an energy grid or end-user for a one-
year period after initial operations commence. If the solar energy system owner or
solar energy system operator fails to remove the facility in accordance with the
requirements of this section, the town may remove the facility and institute action
necessary to enforce the lien for expenses incurred in excess of the cash surety.
4.2. Application for Wind Energy Generating Facility
a. All wind energy systems shall be equipped with a redundant braking system. This includes
both aerodynamic over-speed controls (including variable pitch, tip, and other similar
systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.
Stall regulation is not considered a sufficient braking system for over speed protection.
b. An engineer's certificate shall be completed by a structural engineer, licensed in the State
of Rhode Island, certifying that the tower and foundation of the wind turbines are
compatible with, and are appropriate for, the particular model of wind turbine used, and
that the specific soils at the site can support the wind turbine.
c. Wind turbines shall comply with the following design standards:
1. Wind turbines shall be a non-obtrusive and non-reflective color. The facility owner
or operator shall maintain the paint on wind turbines at all times in good repair.
2. Wind turbines shall not display advertising, except for reasonable identification of
the turbine manufacturer, or the facility owner and operator.
3. Within the wind energy system, wind turbines shall be of a consistent size, design,
and color, of similar height and rotor diameter, and rotate in the same direction.
4. Wind turbines shall not be artificially lit, except to the extent required by the
Federal Aviation Administration or other applicable regulatory authorities.
5. On-site transmission and power lines between wind turbines shall, to the maximum
extent practicable, be placed underground, reach the property line, and be located
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and constructed in such a way as to minimize disruption to the property's primary
purpose as well as to facilitate the interconnection of other commercial wind power
generating facilities.
6. Non-essential appurtenances are prohibited to be affixed to any wind turbine,
including, but not limited to, cellular or radio antennae.
7. A clearly visible warning sign advising persons of the presence of high voltage
levels shall be placed at the base of all pad-mounted transformers and substations.
8. The applicant shall commission and submit at the time of permit application a
wildlife assessment (impact study), conducted by a qualified wildlife expert having
no less than 5 years of experience conducting wildlife assessments, indicating
possible risks to local wildlife, habitat, and migratory birds. Additionally, the
applicant's wildlife expert shall also develop a mitigation plan, if applicable, that
addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat. All
wind turbines at time of application shall be located out of bird and bat migration
pathways/corridors where wind turbine construction would pose a substantial risk.
9. Wind turbines shall not be climbable up to a height of at least 12 feet above ground
surface. All access doors to wind turbines and electrical equipment shall be locked
or fenced, as appropriate, to prevent entry by non-authorized persons.
10. The height of a wind energy system shall be measured from grade to the highest
point of a rotor blade when in its uppermost position. Allowable height shall be a
function of the setbacks from nearby structures and nearby property lines. Wind
turbines shall be set back from all structures on a participating property owner's
property a distance of no less than the wind energy system height. The setback
distance is measured from the nearest point on the outside edge of a tower to the
nearest point on the foundation of the occupied building.
11. All wind turbines shall be set back from the all property lines a distance of not less
than 1 foot for each 1 foot of tower height plus the height of the blade at the highest
extension. The setback distance is measured from the property line to the nearest
point on the outside edge of a tower. Operation and maintenance building(s) and
substations shall be located in accordance with zoning district yard requirements.
All wind farm structures, except for wind turbines, shall comply with the
regulations of the zoning district.
i.
All wind turbines shall be set back from the nearest public right-of-way a
distance of 1 foot for each 1 foot of tower height plus the height of the
blade at the highest extension, as measured from the right-of-way line to
the nearest point on the outside edge of a tower.
ii.
There shall be no wind turbine shadow flicker on any window of an
existing residential structure located on a parcel owned by an entity other
than the parcel owner where the turbine is to be located.
iii.
It is the responsibility of the parcel owner to remove all obsolete or unused
systems within 6 months of cessation of operations. Reusable components
are to be recycled whenever feasible. A decommissioning agreement
approved by the town solicitor and surety or cash bond to cover the cost
of removal shall be required in an amount approved by the Planning Board
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and shall be posted prior to the issuance of any building permits. Surety
shall not expire prior to the life of the facility.
4.3. Hydro-electric power
a. Lighting of small hydroelectric generation facilities shall be consistent with local, state,
and federal law. Lighting of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes and shall be shielded
from abutting properties.
b. Noise levels generated by small hydroelectric generation facilities shall be consistent with
federal and state law and shall comply with the ambient noise level thresholds prescribed
by the Narragansett Ordinance.
c. Signage. Signs on small hydroelectric generation facilities shall comply with Section 7.18
of this Ordinance. Signs shall display identification of the owner or operator of the facility
and a twenty-four-hour emergency contact telephone number.
d. Security measures which are not inconsistent with the requirements prescribed by the
Federal Energy Regulatory Commission shall be provided and approved by the Chief of
Police or his/her designee.
e. All means of shutting down the facility shall be clearly marked. The facility owner or
operator shall:
1. Provide a copy of the facility's emergency action plan to the local Fire Chief;
2. Cooperate with federal, state, and local emergency services in developing
emergency response actions; and
3. Identify a responsible person for public inquiries throughout the life of the facility.
f. Clearing of natural vegetation shall be limited to what is necessary for the construction,
operation, and maintenance of the facility or otherwise prescribed by applicable laws,
regulations, and bylaws/ordinances.
g. The facility owner or operator shall maintain the facility in accordance with the
requirements of the federal hydroelectric generation license issued by the Federal Energy
Regulatory Commission. In addition, maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures. Site access shall be
maintained to a level acceptable to the local Fire Chief, under the applicable Fire Code(s).
The owner or operator shall be responsible for the cost of maintaining the facility and any
access road(s), unless accepted as a public way.
h. The facility proponent shall be required to provide a form of surety, either through escrow
account, bond, or otherwise, to cover the cost of decommissioning and removing the
facility at the end of the federal hydroelectric license term and for restoring the landscape,
in an amount and form determined to be reasonable by the Planning Board and subject to
review by the solicitor. Surety shall not expire prior to the life of the Hydro-electric
generation facility.
(5) Development standards for Use Code 4842 Sewage treatment facilities
a. Site. Minimum area of 40,000 square feet of buildable area that is safely outside of any
floodplain susceptible to a storm with a probability of occurrence of once in 500 years.
b. No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.
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c. Perimeter of the facility must be fenced for security.
d. Utilities. Access to utilities necessary for efficient operation of the treatment facility.
e. Minimum setbacks of 50 feet from all property boundaries.
f. Must have RIDEM discharge permit for treated effluent.
g. Storage capacity on site for solid waste generated for a minimal of 3 months of operations
without the risk of polluting surface or ground waters including contingencies for a 100
year rainstorm or hurricane.
h. Loading facility and shipping plan for removing solid waste generated by the facility.
i. Contingency plans for operation during and after a 100 year rainstorm, a Class 3 hurricane,
and power outage for 1 week.
j. Landscaping, screening, buffering and lighting per Section 7 of this ordinance.
k. Use is compatible with surrounding properties and will not detract from neighboring
property uses.
(6) Development standards for Use Code 4891 Utility substation (electric, gas)
a. Site. Minimum area of 20,000 square feet of buildable area that is safely outside of any
floodplain susceptible to a storm with a probability of occurrence of once in 500 years.
b. No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.
c. Perimeter of the facility must be fenced for security.
d. Minimum setbacks of 50 feet from all property boundaries.
e. Landscaping, screening, buffering and lighting per Section 7 of this ordinance.
f. Use is compatible with surrounding properties and will not detract from neighboring
property uses.
g. Electric Substation must have adequate access to the electric grid without the need to
develop extensive (more than 500 feet) high-power transmission lines to connect the
substation to the existing power grid or an existing power line corridor.
h. Gas substation must have access to the natural gas pipelines without the need to develop
more than 300 feet of new pipeline.
12.27 -Development Standards for Commercial Uses
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Commercial Use
category of the Table of Use regulations unless it finds the applicable standards in Sections 4, 7
and 12 are met, and, where applicable, the following standards are met:
(1) Standards for Special Use Permits for Use Code 50: wholesale distributing
establishments, principal activity is sale of merchandise for resale.
a. All applicable setbacks, landscaping and lighting requirements of this
ordinance (Sections 6 & 7) shall be met
b. Hours of operation shall be set by the Planning Board
(2) Standards for Special Use Permits for Use Code 51: Mixed use commercial (shopping
center) See Section 17.3.
(3) Standards for Special Use Permits for Use Code 521 Lumber and other building
materials dealers (Reserved.)
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(4) Standards for Special Use Permits for Use Code 5461: Bakery and coffee shop with
drive-up window
a. Refer to Section 7.20 of the Zoning Ordinance.
(5) Standards for Special Use Permits for Use Code 5511 Motorcycle dealers--New and/or
used (including repairs only within a building).
a. Refer to Section 12.10 of the Zoning Ordinance
(6) Standards for Special Use Permits for Use Code 5813 Tavern, cafe, club, bar or cocktail
lounge (alcoholic beverages)
a. A security plan including information relating to entrance procedure, police
details and video and lighting locations. The security plan must be approved
by the Chief of Police or his/her designee and updates shall be submitted to
and approved by the Chief of Police or his/her designee. To the maximum
extent possible, the security plan and any updates shall be deemed confidential
documents.
b. An alcohol control plan shall be submitted to the Planning and Zoning Board
that adequately describes the proposed plan and policy to control the location,
security and hours of operation for the consumption of alcohol. All employees
who will be serving alcohol shall be TIPS certified and, if requested by the
Police Department, the business owner shall produce proof of certification.
(7) Standards for Special Use Permits for Use Code 5814: Lunchroom or restaurant
(alcoholic beverages)
a. An alcohol control plan shall be submitted to the Planning and Zoning Board
that adequately describes the proposed plan and policy to control the location,
security and hours of operation for the consumption of alcohol. All employees
who will be serving alcohol shall be TIPS certified and, if requested by the
Police Department, the business owner shall produce proof of certification.
(8) Standards for Special Use Permits for Use Code 5817: Expansion of legally
nonconforming full service restaurant to allow sale of beer and wine only
a. An alcohol control plan shall be submitted to the Planning and Zoning Board
that adequately describes the proposed plan and policy to control the location,
security and hours of operation for the consumption of alcohol. All employees
who will be serving alcohol shall be TIPS certified and, if requested by the
Police Department, the business owner shall produce proof of certification.
(9) Standards for Special Use Permits for Use Code 5911: Drive-through as an accessory
to a drug store
a. Refer to Section 7.20 of the Zoning Ordinance.
12.28 -Development Standards for Personal, Business and Professional Service
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Personal, Business
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and Professional Service Use Category of the Table of Use regulations unless it finds the
applicable standards in Sections 4, 7 and 12 are met, and, where applicable, the following
standards are met:
(1) Standards for Special Use Permits for Use Code 608: Bank of Financial Institution
a. Refer to Section 7.19 of the Zoning Ordinance
(2) Standards for Special Use Permits for Use Code 616: Mortuary or Funeral Home
a. Sewer required.
(3) Standards for Special Use Permits for Use Code 619: Caterer
a. For Industrial zones, refer to Sections 12.6 & 12.7 of the Zoning Ordinance.
(4) Standards for Special Use Permits for Use Code 6321: Commercial off-street parking lot
a. A parking lot shall be used solely for the temporary parking of motor vehicles and
shall not be used as an off-street loading area.
b. Only structures for the shelter of attendants or for payment kiosks shall be permitted
in a parking lot.
c. There shall be a 10-foot landscaped buffer along any lot line abutting a street,
excluding driveways, which shall include evergreen landscaping.
d. Parking shall be screened along interior side and rear lot lines with a solid fence or
wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum of 6
feet in height at time of planting shall be planted linearly every 10 feet on-center
along such fence or wall.
e. All landscape plans shall be approved by the Planning Board.
f. Parking shall provide safe pedestrian circulation with clearly marked crosswalks
from each parking area to the surrounding streets and sidewalks.
g. Impervious surfaces in High Water Table Limitations Overlay Districts shall not
exceed impervious surface allowances in Section 4.5.
(5) Standards for Special Use Permits for Use Code 6322: Commercial off-street parking
structure
a. On the ground floor façade along public streets where parking spaces are visible, a
decorative fence and landscape or a kneewall is required to screen parking spaces.
Fence or kneewall shall be a minimum 4 in height.
b. For parking structures with rooftop open-air parking, a 5-foot parapet wall is
required for screening of parked vehicles.
c. Where parking structures front on public streets, façade design and screening shall
mask the interior circulation ramps and create the illusion of horizontality along the
street.
d. Parking shall be screened along interior side and rear lot lines with a solid fence or
wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum of 6
feet in height at time of planting shall be planted linearly every 10 feet on-center
along such fence or wall.
e. All landscape plans shall be approved by the Planning Board.
(6) Standards for Special Use Permits for Use Code 633: General automotive repair, temporary
vehicle storage and towing
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a. All repair, service, and sales and/or leasing operations shall be performed within a
fully enclosed building. All equipment and parts shall be stored indoors.
b. Vehicle services establishments shall be screened along interior side and rear lot
lines with a solid wall or fence, a minimum of 6 feet in height.
c. No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors
on the premises. This standard does not apply to vehicles under repair and/or
service.
d. No motor vehicles shall be stored and no repair and/or service work shall be
conducted in the public right-of-way.
e. There shall be a 10-foot landscaped buffer along any lot line abutting a street,
excluding driveways, which shall include evergreen landscaping.
f. All landscape plans shall be approved by the Planning Board.
(7) Standards for Special Use Permits for Use Code 6331: Automotive body shop, temporary
vehicle storage and towing
a. All repair, service, and sales and/or leasing operations shall be performed within a
fully enclosed building. All equipment and parts shall be stored indoors.
b. Vehicle services establishments shall be screened along interior side and rear lot
lines with a solid wall or fence, a minimum of 6 feet in height.
c. No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors
on the premises. This standard does not apply to vehicles under repair and/or
service.
d. No motor vehicles shall be stored and no repair and/or service work shall be
conducted in the public right-of-way.
e. There shall be a 10-foot landscaped buffer along any lot line abutting a street,
excluding driveways, which shall include evergreen landscaping.
f. Parking/storage shall be screened along interior side and rear lot lines with a solid
fence or wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum
of 6 feet in height at time of planting shall be planted linearly every 10 feet on-
center along such fence or wall.
g. All landscape plans shall be approved by the Planning Board.
(8) Standards for Special Use Permits for Use Code 634: Vehicle washing shop (no self-
service)
a. Car wash facilities shall be screened along interior side and rear lot lines with a
solid fence or wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a
minimum of 6 feet in height at time of planting shall be planted linearly every 10
feet on-center along such fence or wall.
b. When a car wash facility abuts a residential use or zoning district, there shall be a
20 ft. setback from each such lot line abutting a residential use or zoning district.
c. When vacuums are included on the site, they shall include mufflers to reduce the
sound of the equipment not to exceed the decibels as appropriate in the noise
ordinance. No more than 4 vacuums shall be allowed onsite.
d. Trash receptacles shall be placed near all vacuum stations as applicable and at the
entrance to the car wash entrance.
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(9) Standards for Special Use Permits for Use Code 6341: Vehicle washing shop (with self-
service)
a. Car wash facilities shall be screened along interior side and rear lot lines with a
solid fence or wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a
minimum of 6 feet in height at time of planting shall be planted linearly every 10
feet on-center along such fence or wall.
b. When a car wash facility abuts a residential use or zoning district, there shall be a
20 ft. setback from each such lot line abutting a residential use or zoning district.
c. When vacuums are included on the site, they shall include mufflers to reduce the
sound of the equipment not to exceed the decibels as appropriate in the noise
ordinance. No more than 4 vacuums shall be allowed onsite.
d. Trash receptacles shall be placed near all vacuum stations as applicable and at the
entrance to the car wash entrance.
(10)
Standards for Special Use Permits for Use Code 635: Vehicle, trailer and
recreational vehicle rental agency
a. For Industrial zones, refer to Sections 12.6 & 12.7 of the Zoning Ordinance.
(11)
Standards for Special Use Permits for Use Code 64: Repair shop for small
appliances
a. For Industrial zones, refer to Sections 12.6 & 12.7 of the Zoning Ordinance.
(12)
Standards for Special Use Permits for Use Code 652: Theater, concert hall,
auditorium or motion picture theatre
a. No more than 10% of the gross floor area may be used as office.
b. Alcohol service shall require a Special Use Permit from Section 6.1 Use Code 5813
of the Zoning Ordinance
c. Sleeping facilities are prohibited.
d. Parking shall be screened along interior side and rear lot lines with a solid fence or
wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum of 6
feet in height at time of planting shall be planted linearly every 10 feet on-center
along such fence or wall.
e. Where possible, parking shall be located in the side and rear yards of the property,
behind the building(s) and parking plans shall provide safe pedestrian circulation
with clearly marked crosswalks from each parking area to the building entrance(s).
(13)
Standards for Special Use Permits for Use Code 653:Bowling alleys, billiard and
pool parlors
a. Where possible, parking shall be located in the side and rear yards of the property,
behind the building(s) and parking plans shall provide safe pedestrian circulation
with clearly marked crosswalks from each parking area to the building entrance(s).
b. Alcohol service shall require a Special Use Permit from Section 6.1 Use Code 5813
of the Zoning Ordinance
(14)
Standards for Special Use Permits for Use Code 659: Exercise center, gymnasium,
sauna
a. Minimum 2 acre lot area required.
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b. Parking shall be screened along interior side and rear lot lines with a solid fence or
wall, a minimum of 6 feet and a maximum of 10 feet in height. Evergreen trees or
shrub(s) a minimum of 6 feet in height at time of planting shall be planted linearly
every 10 feet on-center along such fence or wall.
c. Where possible, parking shall be located in the side and rear yards of the property,
behind the building(s) and parking plans shall provide safe pedestrian circulation
with clearly marked crosswalks from each parking area to the building entrance(s).
(15)
Standards for Special Use Permits for Use Code 67: Offices for medical, health
a. All State regulations for medical and health buildings shall apply.
b. Sewer required.
(16)
Standards for Special Use Permits for Use Code 676: Medical and dental
laboratories
a. For Industrial zones, refer to Sections 12.6 & 12.7 of the Zoning Ordinance.
b. All State regulations for medical and health buildings shall apply.
c. Sewer required.
12.29 -Development Standards for Governmental or Institutional uses
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Governmental or
Institutional category of the Table of Use regulations unless it finds the applicable standards in
Sections 4, 7 and 12 are met, and, where applicable, the following standards are met:
(1) Standards for Special Use Permits for Use Code 733: Fire or Police Station
a. Refer to Sections 12.6 and 12.7 of the Zoning Ordinance.
(2) Standards for Special Use Permits for Use Code 74: Kindergarten, elementary or secondary
school, junior college, college, or university
a. The applicant shall provide proof of state licensing as required.
b. There shall be a landscaped buffer along any lot line, excluding driveways, which
shall include evergreen vegetation.
c. All landscape plans shall be approved by the Planning Board.
d. 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.
e. Parking shall be located in the side and rear yards of the property, behind the
building(s) and parking plans shall provide safe pedestrian circulation with clearly
marked crosswalks from each parking area to the building entrance(s).
(3) Standards for Special Use Permits for Use Code 7401:Boarding school private/secondary
a. See Section 12.21 for Special Use Standards
(4) Standards for Special Use Permits for Use Code 751: Trade or professional school
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a. There shall be a landscaped buffer along any lot line, excluding driveways, which
shall include evergreen vegetation.
b. All landscape plans shall be approved by the Planning Board.
(5) Standards for Special Use Permits for Use Code 7613: Library or museum (Reserved.)
(6) Standards for Special Use Permits for Use Code764: Churches
a. See Section 12.22 for Special Use Standards
(7) Standards for Special Use Permits for Use Code 767: Cemetery (Reserved.)
(8) Standards for Special Use Permits for Use Code 77:
Hospitals. Refer to Section
17.3.
(9) Standards for Special Use Permits for Use Code 78: Social club or nonprofit membership
organizations
a. Alcohol service shall require a Special Use Permit from Section 6.1 Use Code 5813,
5814 or 5817 of the Zoning Ordinance, as applicable.
b. Hours of operation/quiet hours shall be set by the Planning Board.
(10)
Standards for Special Use Permits for Use Code 79:
Emergency
counseling service or drop-in center
a. Hours of operation/quiet hours shall be set by the Planning Board.
b. State license required, as applicable.
12.30 -Development Standards for Public Outdoor and Recreation uses
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Commercial Use
category of the Table of Use regulations unless it finds the applicable standards in Sections 4, 7
and 12 are met, and, where applicable, the following standards are met:
(1) Standards for Special Use Permits for Use Code 809: Other outdoor recreation
a. No public outdoor or recreation area shall conduct activities which would cause
deleterious effects upon neighboring property or nearby water bodies, including, but not
limited to, the following:
1.
Pollution of any waterways or water bodies.
2.
Contamination of neighboring property from any insecticides, fertilizers
or similar chemical agents.
b. Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic
blends should be used. Follow manufacturers specifications for directions for application
rates and timing.
(2) Standards for Special Use Permits for Use Code 81:Outdoor public water-based recreation
a. No public outdoor or recreation area shall conduct activities which would cause
deleterious effects upon neighboring property or nearby water bodies, including, but not
limited to, the following:
1.
Pollution of any waterways or water bodies.
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2.
Contamination of neighboring property from any insecticides, fertilizers
or similar chemical agents.
b. Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic
blends should be used. Follow manufacturers specifications for directions for application
rates and timing.
(3) Standards for Special Use Permits for Use Code 834: Riding academies and riding schools
(may include accessory indoor rink) (Reserved.)
(4) Standards for Special Use Permits for Use Code 8371: Archery range (Reserved.)
(5) Standards for Special Use Permits for Use Code 8394: Drive-in theater
a. Minimum of 4 acres of lot area not occupied with structure is required.
b. Hours of operation shall be set by the Planning Board.
c. Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a
minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum of 6 feet in height at
time of planting shall be planted linearly every 10 feet on-center along such fence or wall.
d. There shall be a 10-foot landscaped buffer along any lot line abutting a street, excluding
driveways, which shall include evergreen landscaping.
e. All landscape plans shall be approved by the Planning Board.
f. There shall be no alcohol service allowed.
(6) Standards for Special Use Permits for Use Code 841: Boat liveries (small boat rentals)
(Reserved.)
(7) Standards for Special Use Permits for Use Code 8411: Marinas
a. No public outdoor or recreation area shall conduct activities which would cause
deleterious effects upon neighboring property or nearby water bodies, including, but not
limited to, the following:
1.
Pollution of any waterways or water bodies.
2.
Contamination of neighboring property from any insecticides, fertilizers
or similar chemical agents.
b. Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic
blends should be used. Follow manufacturers specifications for directions for application
rates and timing.
c. Marinas shall be subject to development plan review and shall be located adjacent to waters
classified by the RI CRMC as suitable for use by pleasure and cruise boats. The size of the
marina shall be determined by the carrying capacity of the land for support facilities, the
required parking, the capacity for dry storage, and the accessibility of adjacent roads.
Docks, ramps, moorings and related marine service structures shall conform to all accepted
siting and engineering standards and the pertinent provisions of this Ordinance.
d. No marina shall permit houseboats or vessels that are not constructed in accordance with
current accepted standard marine specifications and/or are used solely for landside
occupation. All vessels shall be seaworthy.
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(8) Standards for Special Use Permits for Use Code 842: Bathing beaches (Reserved.)
(9) Standards for Special Use Permits for Use Code 844: Swimming pools (outdoor)
a. All outdoor public pools shall comply with all applicable state regulations.
b. All pools shall have a qualified lifeguard on duty during hours of operation
c. Hours of operation shall be set by the Planning Board.
d. There shall be a 10-foot landscaped buffer along any lot line abutting a street,
excluding driveways, which shall include evergreen landscaping.
e. Parking shall be screened along interior side and rear lot lines with a solid fence or
wall, a minimum of 6 feet in height. Evergreen trees or shrub(s) a minimum of 6
feet in height at time of planting shall be planted linearly every 10 feet on-center
along such fence or wall.
f. All landscape plans shall be approved by the Planning Board.
(10)
Standards for Special Use Permits for Use Code 851: Swimming pools (indoor) (Reserved.)
(11)
Standards for Special Use Permits for Use Code 852: Arena or recreation hall (Reserved.)
(12)
Standards for Special Use Permits for Use Code 853:Roller or ice skating rink (Reserved.)
(13)
Standards for Special Use Permits for Use Code 854: Beach club or yacht club (Reserved.)
(14)
Standards for Special Use Permits for Use Code 855: Tennis courts or other indoor court
games (Reserved.)
(15)
Standards for Special Use Permits for Use Code 873:Campgrounds (nonprofit)
a. A minimum of 2 acres of lot area not occupied with structure is required.
b. Sewer required.
c. Tent Camps shall be allowed to operate from May 15th to September 15th only.
d. Quiet hours shall be set by the Planning Board.
(16)
Standards for Special Use Permits for Use Code 880: Manmade water body (Reserved.)
12.31 -Development Standards for Accessory uses
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Accessory Uses Use
Category of the Table of Use regulations unless it finds the applicable standards in Sections 4, 7
and 12 are met, and, where applicable, the following standards are met:
1. Standards for Special Use Permits for Use Code 95: Uses customary to and associated with
the operation of a special exception use
a. All Accessory uses associated with a Special Use Permit, shall comply with the
applicable standards for that Special Use.
12.32 -Development Standards for Port of Galilee Special District
The Zoning Board of Review, or, or where applicable, the Planning Board for Unified
Development Review, shall not grant a Special Use Permit for uses in the Port of Galilee Use
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category of the Table of Use regulations (Section 4.8.2) unless it finds the applicable standards
in Sections 4, 7 and 12 are met, and, where applicable, the following standards are met:
(1) Standards for Special Use Permits for Use Code 1: Marine Related Uses.
a. All applicable dimensional, building placement and design, signage, site
design
and
landscaping,
environmental
inventory
overlay
district
requirements and parking requirements of this ordinance (Section 4.8.2) shall
be met.
b. Hours of operation shall be set by the Planning Board
(2) Additional standards for Special Use Permits for Use Code 1(a): Fishing and
commercial vessel berthing
a. Must be compatible with and not interfere with ferry service.
b. Reserved
(3) Additional standards for Special Use Permits for Use Code 1(c): Ferry, including
related vehicle and freight transport services.
a. Must meet the standards in subsection 12.19 of this ordinance
b. Must be compatible with and not displace commercial fishing nor charter
fishing operations.
c. Reserved
(4) Additional standards for Special Use Permits for Use Code 1(e) Seafood loading and
distribution.
a. Must meet standards for subsection 12.20 in this ordinance for seafood
distribution and seafood processing
b. Reserved
(5) Additional standards for Special Use Permits for Use Code 1(f) Seafood processing,
packing and packaging
a. Must meet standards for subsection 12.20 in this ordinance for seafood
distribution and seafood processing
b. Reserved
(6) Additional standards for Special Use Permits for Use Code 1(g) Fabrication, storage
and repair for fishing equipment
a. Reserved
(7) Additional standards for Special Use Permits for Use Code 1(h) Boat engine storage
and repair
a. Reserved
(8) Additional standards for Special Use Permits for Use Code 1(i) Outdoor storage of
one or more commercial vehicles up to 12,000 pounds of gross weight
a. Shall not include the temporary parking of trucks or buses waiting to board
the ferry; such temporary parking shall not exceed 24 hours.
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b. Reserved
(9) Additional standards for Special Use Permits for Use Code 1(l) Marine research,
education and laboratory facility, visitor center
a. Shall not displace or disrupt commercial fishing, charter fishing or ferry
operations
b. Reserved
(10)
Standards for Special Use Permits for Use Code 2: Hotel, Retail and Service Uses
a. All applicable dimensional, building placement and design, signage, site
design
and
landscaping,
environmental
inventory
overlay
district
requirements and parking requirements of this ordinance (Section 4.8.2) shall
be met.
b. Reserved
(11)
Additional standards for Special Use Permits for Use Code 2(a) Hotel
a. Reserved
(12)
Additional standards for Special Use Permits for Use Code 2(d) Mixed
residential/commercial use (Apartment with shop below)
a. Reserved
(13)
Additional standards for Special Use Permits for Use Code 2(e) Restaurant, with
or without alcoholic beverages
a. Must meet standards for Section12.27.7 of this ordinance
b. Hours of operation shall be set by the Planning Board
c. Reserved
(14)
Additional standards for Special Use Permits for Use Code 2(f) Tavern, bar or
cocktail lounge
a. Must meet standards for Section12.27.7 of this ordinance
b. Hours of operation shall be set by the Planning Board
c. Reserved
(15)
Additional standards for Special Use Permits for Use Code 2(r) Commercial off-
street parking lot.
a. There shall be no expansion of off-street parking lots into the property
commonly known as the Galilee Bird Sanctuary.
b. Must meet standards for Section 12.28.5 of this ordinance
c. Reserved
(16)
Additional standards for Special Use Permits for Use Code 2(s) Parking garage or
mixed parking garage/commercial structure, not to exceed 40 feet in height.
a. A mixed parking garage/commercial structure shall consist of both
commercial parking and retail and/or service uses in a single structure.
b. Must meet standards for Section 12.28.6 of this ordinance
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c. Reserved
(17)
Standards for Special Use Permits for Use Code 3(b): Transportation, Utility and
Public Uses - Taxi stand
a. All applicable dimensional, building placement and design, signage, site
design
and
landscaping,
environmental
inventory
overlay
district
requirements and parking requirements of this ordinance (Section 4.8.2) shall
be met.
b. Can not disrupt ferry operations
c. Reserved
Section 14: Section 17, (Land Development Projects) of Chapter 731 of the Code of Ordinances
of the Town of Narragansett, entitled "An Ordinance in Relation to Zoning" is hereby amended by
adding Section 17.3 (Development Standards of Development Plan Review) and 17.4 (Unified
Development Review - Authorization and process) as follows:
17.3 Development Standards for Development Plan Review (DPR).
Development Plan Review is hereby established as the procedure for approval of projects meeting
the applicability criteria set forth in this section. DPR shall only apply to the categories of use as
depicted and shall not apply to any development that is defined as a major subdivision or major
land development.
Development Plan Review applicants shall employ registered design professionals, including
landscape architects, engineers and architects and experts in other disciplines, as necessary, to
arrive at a design that optimizes the sense of well-being and sense of place for the residents,
maximizes the preservation of green space in the community development process, and minimizes
the negative impacts of development on the surrounding neighborhoods, natural systems, and
community character. The plan shall reflect, where applicable, community goals as embodied in
the comprehensive plan. The planning board may require that the applicant escrow sufficient funds
for the town to hire a design consultant to assist the planning board in evaluation the design.
(1) Applicability. The following categories of projects shall be subject to the provisions of
this chapter:
a. A change in use at the property where no extensive construction of improvements is sought.
b. An adaptive reuse project located in a commercial zone where no extensive exterior
construction of improvements is sought.
c. An adaptive reuse project located in a residential zone which results in less than nine (9)
residential units.
d. Development in a designated urban or growth center.
e. Institutional development design review for educational or hospital facilities.
f. Development in a historic district.
(2) Permitting authority. The administrative officer shall approve administrative projects
submitted, and the planning board shall approve formal projects as described herein.
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(3) Development plan review committee. A DPR committee (DPRC) shall be established
consisting of the directors of community development and public works, fire chief,
inspector of buildings and public safety manager or their designees. The community
development director shall serve as the DPRC chair and the community development
department (department) shall coordinate the DPR process. The DPRC review shall be
advisory to the Administrative Officer or Planning Board as applicable.
(4) Procedure
a. Pre-Application Meeting. Prior to filing for a DPR (application), an applicant shall meet
with the Community Development department to determine what materials shall be
submitted with an application. Within fifteen (15) business days after the meeting, the
department shall provide to an applicant a list of the plans and documents to be submitted.
b. Application. An application shall be filed with the department in accordance with Section
18. It shall include all the items identified at the pre-application meeting unless waived by
the Community Development director. During its review, the DPRC may request any
additional materials it deems necessary to render a decision.
c. Certification. The Community Development department shall certify an application as
complete or incomplete within fifteen (15) business days after submission.
1. For a complete application, the certification shall include date on which a DPR will
be conducted.
2. For an incomplete application, the certification shall identify the application's
deficiencies. The application form and the site plan, as determined by staff, shall also
be filed electronically and posted on the City's web site.
d. Referrals. For a complete application, a copy of said application shall may be forwarded to
any appropriate city departments, committees, commissions and boards, as necessary, for
review and comment, .
e. Plan Review. For a complete application, the DPRC shall conduct a DPR within 30 days
or at a time acceptable by the applicant and the Town. During a DPR, an applicant may
submit corrections and additions. A DPR may be continued by vote of the DPRC.
f. Recommendation. Within fourteen (14) days after the close of their review, the DPRC
shall issue a written recommendation on an application unless the DPRC extends said
timeframe up to an additional twenty (20) days by agreement with the applicant.
1. A decision shall be by a majority vote of the DPRC.
2. If an application is recommended for approval, the DPRC may suggest conditions or
modifications to a development in order to mitigate impacts and insure compliance
with zoning and other city codes and regulations.
3. If an application is recommended for denial, the DPRC shall make findings detailing
the basis for denial.
(5) Design Standards for Commercial and mixed-use developments and adaptive re-use
developments (except Boon Street)
a. Building placement and design.
1. Building placement shall be planned so that a consistent setback is ultimately achieved
notwithstanding preexisting setbacks which would be considered excessive under
these standards.
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2. The scale of the building, and the relationship of building masses with yard spaces,
shall be compatible with the character of a traditional New England village, or with
architectural and development standards that the town determines suitable for the
surrounding area.
3. The building height, the roof design and pitch, the proportions of and relationships
between doors and windows, and the relationship of the width to the front facade
height (massing), shall be compatible with the style of a building in a traditional New
England village, or with architectural and development standards that the town
determines suitable for the pier area.
4. A building shall have the same materials, or those which are architecturally
harmonious, used for all walls and other exterior building components.
5. Additions or alterations to an existing building should be complementary in scale to
the original structure, and architectural details, including materials, colors and
textures, and shall be treated so as to be compatible with the original architectural
style of the building, providing such details preserve and enhance the character of the
surrounding area.
6. Mechanical equipment and utility hardware placed on the roof shall be screened from
public view with materials harmonious to the building. Utility structures that cannot
be placed on the roof shall be located so they are not visible from the street or public
open space and shall be screened with landscaping or materials that are compatible
with the building.
7. When used, the design and size of exterior lighting and/or window lighting shall be
compatible with the building and the adjacent areas. Review of lighting features by
the administrative officer or planning board shall include color, lumens, location,
design and impact on adjacent properties.
b. Site design and landscaping.
1. The layout and design of all means of vehicular and pedestrian circulation, including
interior drives, parking areas and walkways, shall provide for safe interior circulation
and separation of pedestrian, vehicular and service traffic.
2. The number of site entrances shall be the minimum necessary for effective traffic
control and sharing of access driveways and parking areas by adjoining properties
shall be incorporated into the site design wherever possible.
3. Provisions for pedestrian movement, in the form of sidewalks or walkways, shall be
made to allow for safe access between parking areas and retail establishments.
4. Bicycle parking facilities shall be provided at all commercial parking areas with a
ratio of at least one bicycle space for each 20 car spaces.
5. Landscape treatment shall be provided to enhance architectural features and improve
aesthetics. The site shall be planned to achieve a desirable transition between the
building and the street, with landscaping required and the use of pedestrian walkways,
special lighting, benches and other amenities encouraged.
6. All parking areas should be designed in small groups or courts to lessen visual
impacts.
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7. Parking lots that front on public streets shall be screened by landscaping or with walls
or fencing a minimum of three feet in height. Walls and fences shall be of a scale and
material appropriate to the site and surrounding area.
8. The interior of all paved parking areas within the site which exceed 40 spaces shall be
enhanced with planted islands, with a minimum of one island for each 20 parking
spaces. The planted islands shall be placed so as to prevent long rows of uninterrupted
parking spaces and be designed to assist in treatment of stormwater runoff. All islands
shall be surrounded by continuous raised curbing.
9. Plantings along the perimeter of parking areas and new streets should include either
evergreen species, or street trees of at least 3.5-inch caliper planted at intervals of 35
feet. Planted islands may include shrubs, plants and other live vegetation, but should
include one tree of at least three-inch caliper. Species to be selected shall be tolerant
of high salt concentrations and heavy wind conditions.
10. Only nursery grown plant materials shall be accepted, and all trees, shrubs and ground
covers shall be planted according to accepted horticultural standards. The owner shall
be responsible for maintaining the landscaping and for replacing all dead or diseased
plant materials on at least an annual basis. Failure to adequately maintain required
plantings may result in such work being performed by the town at the owner's expense.
11. Screening of refuse areas, service and storage yards and exterior work areas shall be
accomplished by use of walls, fencing, plantings or a combination of these.
(6) Boon Street Commercial Area - Additional requirements
a. Building Placement. A new building shall be placed as close as feasible to the street, no
further than necessary or desirable from the five foot front yard setback. Building
placement shall be planned so that a consistent setback is ultimately achieved
notwithstanding preexisting setbacks which would be considered excessive under these
standards. Benches and bicycle racks may be placed within the five-foot front yard setback.
b. Signage. The following standards for commercial signs in the special district shall
supersede those regulations contained in subsection 7.18(i)(2), commercial signs. All new
proposed commercial signage shall be subject to review by the planning board as part of
the design and site plan review process.
c. One wall-mounted sign on the entrance facade shall be allowed per business unless there
is also either a rear or side entrance to said business, in which case a second wall-mounted
sign shall be allowed. The principal business sign shall not exceed 15 square feet in area
nor 70 percent of the length of the entrance facade; the secondary business sign shall not
exceed 12 square feet in area.
1. A projecting sign shall be allowed in place of a flush-wall mounted sign. The
projecting sign shall have a minimum clearance of ten feet and shall not exceed 15
square feet in area.
2. All moving message signs are prohibited.
3. No sign, window opening, store facade, or the like shall be internally illuminated
without approval of the Planning Board.
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d. All new or extended utilities in the Boon Street business zone shall be installed
underground
e. Parking requirements. Parking requirements for development shall be reviewed on a case-
by-case basis. As part of the site plan review of any new development, the applicant shall
present a parking plan to the planning board that addresses existing parking, projected
demand and a means of addressing this demand.
1. The parking plan shall take into account available on-site and off-site parking.
2. Shared parking among different businesses and uses is encouraged. Approval by the
planning board of a parking plan for development within the special district shall
supersede the parking standards contained in subsection 7.9, automobile parking
space.
3. Applicants may be required to file a report, prepared by a Traffic Engineer.
4. The amount of front yard setback along a street occupied by parking should be
minimized for sites undergoing redevelopment, while all parking shall be placed
behind the building(s), if practicable, for sites undergoing new development.
5. No new parking areas shall be located within the front yard.
(7) Design Standards for Residential Developments and residential adaptive re-use
projects
a. New Multi-Family developments shall comply with the standards of Section 17.2 of these
regulations.
b. Adaptive Reuse Residential developments shall comply with the following:
1. Section 17.2, Sub-sections (2), (3), (4), (5), (6), (7 as applicable), (9), (10), (11),
(12), (13), (14) .
(8) Development of Power generating stations (Use Code 482)
a. Development Plan Review will be applied to all minor solar power generating stations.
All major solar stations shall be reviewed under the Subdivision Land Development
regulations.
b. Development Plan Review will be applied to wind energy generating facilities.
c. Development Plan Review will be applied to Hydro-electric power generating facilities.
(9) Developments of Educational or Hospital facilities shall comply with the following
regulatory standards:
a. Building placement and design.
1. Building placement shall be planned so that a consistent setback is ultimately achieved
notwithstanding preexisting setbacks which would be considered excessive under
these standards.
2. The scale of the building, and the relationship of building masses with spaces, shall
be compatible with the character of a traditional New England fishing village, or with
architectural and development standards that the town determines suitable for the port
area.
3. The building height, the roof design and pitch, the proportions of and relationships
between doors and windows, and the relationship of the width to the front facade
height (massing), shall be compatible with the style of a building in a traditional New
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England fishing village, or with architectural and development standards that the town
determines suitable for the port area.
4. A building shall have the same materials, or those which are architecturally
harmonious, used for all walls and other exterior building components.
5. Additions or alterations to an existing building should be complementary in scale to
the original structure, and architectural details, including materials, colors and
textures, shall be treated so as to be compatible with the original architectural style of
the building, providing such details preserve and enhance the character of the
surrounding area.
6. Mechanical equipment and utility hardware on the roof shall be screened from public
view with materials harmonious to the building. Utility structures that cannot be
placed on the roof shall be located so they are not visible from the street or public
open space, and shall be screened with landscaping or materials that are compatible
with the building.
7. When used, the design and size of exterior lighting and/or widow lighting shall be
compatible with the building and the adjacent areas. Review of lighting features by
the planning board shall include color, lumens, location, design and impact on
adjacent properties.
b. Signage. Standards for commercial signs shall be those regulations contained in subsection
7.18(i)(2), commercial signs.
c. Site design and landscaping.
1. The layout and design of all means of vehicular and pedestrian circulation, including
interior drives, parking areas and walkways, shall provide for safe interior circulation
and separation of pedestrian, vehicular and service traffic.
2. The number of site entrances shall be the minimum necessary for effective traffic
control, and sharing of access driveways and parking areas by adjoining properties
shall be incorporated into the site design wherever possible.
3. Provisions for pedestrian movement, in the form of sidewalks or walkways, shall be
made to allow for safe access between parking areas and retail establishments.
4. Bicycle parking facilities shall be provided at all commercial parking areas designed
for 50 or more cars, with a ratio of at least one bicycle space for each 20 car spaces.
5. Landscape treatment shall be provided to enhance architectural features and improve
aesthetics. The site shall be planned to achieve a desirable transition between the
building and the street, with landscaping required and the use of pedestrian walkways,
special lighting, benches and other amenities encouraged.
6. The amount of frontage along a street occupied by parking should be minimized for
sites undergoing redevelopment, while all parking shall be placed behind the
building(s), if practicable, for sites undergoing new development. No new parking
areas shall be located within the front yard. If possible, all parking areas should be
designed in small groups or courts to lessen visual impacts.
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7. Parking lots that front on public streets shall be screened by landscaping or with walls
or fencing a minimum of three feet in height. Walls and fences shall be of a scale and
material appropriate to the site and surrounding area.
8. The interior of all paved parking areas shall be enhanced with planted islands, with a
minimum of one island for each 20 parking spaces. The planted islands shall be placed
so as to prevent long rows of uninterrupted parking spaces and be designed to assist
in treatment of stormwater runoff. All islands shall be surrounded by continuous
raised curbing.
9. Plantings along the perimeter of parking areas and new streets should include either
evergreen species, or street trees of at least 3.5-inch caliper planted at intervals of 35
feet. Planted islands may include shrubs, plants and other live vegetation, but should
include one tree of at least three-inch caliper. Species to be selected shall be tolerant
of high salt concentrations and heavy wind conditions.
10. Only nursery grown plant materials shall be accepted, and all trees, shrubs and ground
covers shall be planted according to accepted horticultural standards. The owner shall
be responsible for maintaining the landscaping and for replacing all dead or diseased
plant materials on at least an annual basis. Failure to adequately maintain required
plantings may result in such work being performed by the town at the owner's expense
11. Screening of refuse areas, service and storage yards and exterior work areas shall be
accomplished by use of walls, fencing, plantings or a combination of these.
d. Street and utility design.
1. Streets should be designed for pedestrian safety and residential security, bearing in
mind that wide streets encourage speeding.
2. Public sewers are required.
3. Public water is required.
e. Conservation design.
1. Historic or cultural resources should be protected from destruction.
2. Natural habitats should be protected from disturbance or over use; green space should
be maintained per a specific conservation plan.
3. Drainage facilities shall be designed and constructed to minimize increases in runoff
and sedimentation and to mitigate pollution impacts.
(10)
In Historic Districts the following regulatory standards apply:
a. Residential DPR's shall present a design concept that extends throughout the planned
neighborhood, and shall reflect and interpret traditional New England architectural styles
to create a favorable environment for modern living. The administrative officer or planning
board may require that the applicant provide funds to hire a professional consultant
(architect, landscape architect or other design professional) to evaluate the proposed
design.
b. Design elements for Residential DPR's in historic districts shall include:
1. Buildings should be similar in materials to traditional New England designs, and may
include buildings with clapboard siding, cedar shingles, and fieldstone.
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2. Where possible, buildings should have gabled roofs with pitches between 8/12 and
12/12 , with the orientation of gable ends either parallel or perpendicular to the street
line.
3. Where possible, each house should front on a street or green with a pedestrian
accessway.
4. Porches or landscape features are encouraged and should mediate between the public
and private elements of each house lot.
5. Developers should reserve attractive, useable space for common use.
6. Where proposed development areas abut adjacent developed properties an evergreen
visual buffer shall be established.
7. Sidewalks are encouraged.
17.4 Unified Development Review - Authorization and process
(1) The Narragansett Planning Board is hereby authorized to review and approve dimensional
variances for properties undergoing review for development plan review or as a minor land-
development or minor subdivision project. This process is to be known as Unified
Development Review (UDR). UDR shall not be available for major land-development or major
subdivision projects and UDR shall not be available for projects seeking the grant of a use
variance.
(2) All land development and subdivision or development plan review applications that include
requests for variances and/or special-use permits submitted pursuant to this section shall
require a public hearing that meets the requirements of RIGL §§ 45-23-50.1(b) and 45-23-
50.1(c). In granting requests for dimensional and use variances, the planning board shall be
bound to the requirements of RIGL§§ 45 24 41(d)
and 45 24 41(e) § 45-24-41 relative to
entering evidence into the record in satisfaction of the applicable standards. In reviewing
requests for special-use permits, the planning board shall be bound to the conditions and
procedures under which a special-use permit may be issued and the criteria for the issuance of
such permits, as found within the zoning ordinance pursuant to RIGL §§ 45 24 42(b)(1), 45 24
42(b)(2) and 45 24 42(b)(3) § 45-24- 42, and shall be required to provide for the recording of
findings of fact and written decisions as described in the zoning ordinance pursuant to RIGL
§ 45 24 42(b)(5) § 45-24-42. An appeal from any decision made pursuant to this section may be
taken pursuant to RIGL§ 45 23 66 § 45-23-71.
(3) A public hearing on a UDR application shall be held prior to consideration of the preliminary
plan by the Planning Board. Public notice of the hearing shall be given at least fourteen (14)
days prior to the date of the hearing in a newspaper of general circulation within the Town of
Narragansett. Notice shall be sent to the applicant and to each owner within five hundred
(500) feet of the perimeter of the area included in the subdivision and/or land-development
project by first class mail, not less than ten (10) days prior to the date of the hearing. Notice
shall also be sent to any individual or entity holding a recorded conservation or preservation
restriction on the property that is the subject of the application.
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(4) The Planning Board shall have same authority as the Zoning Board to approve, approve with
conditions, or deny a dimensional variance request filed as part of the UDR application. The
Planning Board shall conditionally approve or deny the request(s) for the dimensional
variance(s) before considering the preliminary plan application for the minor subdivision or
minor land-development project. Approval of the dimensional variance(s) shall be conditioned
upon approval of the final plan of the minor subdivision or land-development project. The
Planning Board shall address the same findings of fact required to be addressed by the Zoning
Board and shall produce and record a written decision in the same manner as the Zoning Board.
The time periods by which the Planning Board must approve or deny applications for
dimensional variance(s) for a UDR application shall be the same as the time periods by which
the board must make a decision on the preliminary plan review stage of the subdivision or
land-development project under review.
(5) Appeal from the decision of the Planning Board may be taken to RI Superior Court.
Section 15: Section 22, (Notice and Hearing Requirements) of Chapter 731 of the Code of
Ordinances of the Town of Narragansett, entitled "An Ordinance in Relation to Zoning" Section
22.1 (Public hearing) is hereby amended as follows:
22.1. - Public hearing.
(a) The town council shall fix the time and place of the public hearing giving consideration to the
following notice requirements. The town clerk shall cause notice of the hearing to be published in
a newspaper of general local circulation within the town of Narragansett at least once each week
for three (3) successive weeks before the hearing date, which may include the week in which the
hearing is to be held at which hearing opportunity shall be given to all persons interested to be
heard upon the matter of the proposed regulations . The same notice shall be posted in the town or
city clerk's office and one other municipal building in the municipality and the municipality must
make the notice accessible on their municipal home page of its website at least fourteen (14) days
prior to the hearing. The written notice, which may be a copy of the newspaper notice, shall be
mailed to the associate director of the division of planning of the Rhode Island Department of
Administration, and, where applicable, to the parties specified in sections 22.1(b)--(fe), at least
two weeks prior to the hearing. The newspaper notices shall be published as a display
advertisement, using a type size at least as large as the normal type size used by the newspaper in
its news articles, and The notice shall:
(1) Specify the place of the hearing and the date and time of its commencement;
(2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;
(3) Contain a statement of the proposed amendments to the ordinance that may be printed once in
its entirety, or summarize and describe the matter under consideration as long as the intent and
effect of the proposed ordinance is expressly written in that notice;
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(4) Advise those interested where and when a copy of the matter under consideration may be
obtained or examined and copied; and
(5) State that the proposals shown thereon may be altered or amended prior to the close of the
public hearing without further advertising, as a result of further study or because of the views
expressed at the public hearing. Any alteration or amendment must be presented for comment in
the course of the hearing.
(b) Where a proposed general amendment to the an existing zoning ordinance includes changes in
an existing zoning map, public notice shall be given as required by subsection (a) of this section.
(c) Where a proposed text amendment to the existing zoning ordinance would cause a conforming
lot of record to become nonconforming by lot area or frontage, written notice shall be given to all
owners of the real property as shown on Narragansett's current real estate tax assessment records.
The notice shall be given by first-class mail at least two (2) weeks prior to the hearing at which
the text amendment is to be considered, with the content required by subsection (a). The notice
shall include reference to the merger section of this ordinance and the impacts of common
ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice
shall submit a notarized affidavit to attest to such mailing.
(dc) Where a proposed amendment to an existing ordinance includes a specific change in a zoning
district map, but does not affect districts generally, public notice shall be given as required by
subsection (a) of this section, with the additional requirements that:
(1) Notice shall include a map showing the existing and proposed boundaries, zoning district
boundaries, and existing streets and roads and their names, and city and town boundaries where
appropriate; and
(2) Written notice of the date, time, and place of the public hearing and the nature and purpose
thereof shall be sent to all owners of real property whose property is located in or within not less
than 200 feet of the perimeter of the area proposed for change, whether within the city or town or
within an adjacent city or town. Notice shall also be sent to any individual or entity holding a
recorded conservation or preservation restriction on the property that is the subject of the
amendment. The notice shall be sent by registered, certified, or first-class mail to the last known
address of the owners, as shown on the current real estate tax assessment records of the city or
town in which the property is located; provided, for any notice sent by first-class mail, the sender
shall submit a notarized affidavit to attest to such mailing. the sender of the notice shall utilize and
obtain a United States Postal Service certificate of mailing, PS form 3817, or any applicable
version thereof, to demonstrate proof of such mailing.
(ed) Notice of a public hearing shall be sent by first class mail to the city or town council of any
city or town to which one or more of the following pertain:
(1) Which is located in or within not less than 200 feet of the boundary of the area proposed for
change; or
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(2) Where there is a public or quasi-public water source, or private water source that is used or is
suitable for use as a public water source, within 2,000 feet of any real property that is the subject
of a proposed zoning change, regardless of municipal boundaries.
(fe) Notice of a public hearing shall be sent to the governing body of any state or municipal water
department or agency, special water district, or private water company that has riparian rights to a
surface water resource and/or surface watershed that is used or is suitable for use as a public water
source and that is within 2,000 feet of any real property which is the subject of a proposed zoning
change, provided, however, that the governing body of any state or municipal water department or
agency, special water district, or private water company has filed with the building inspector in
the city or town a map survey, which shall be kept as a public record, showing areas of surface
water resources and/or watersheds and parcels of land within 2,000 feet thereof.
(gf) No defect in the form of any notice under this section shall render any ordinance or amendment
invalid, unless the defect is found to be intentional or misleading.
(hg) Costs of any notice newspaper and mailings notices required under this section shall be borne
by the applicant.
Section 16: Section 28, (Powers and Duties of the Zoning Board of Review) of Chapter 731 of
the Code of Ordinances of the Town of Narragansett, entitled "An Ordinance in Relation to
Zoning" is hereby amended at subsections (a)(1), (b)(1), (b)(2) and (b)(3) of Section 28 (Powers
and Duties of the Zoning Board of Review and by adding subsection (e) as follows:
(a) The zoning board of review shall have the power to hear and decide appeals, to grant special
use permits, use variances and dimensional variances, in accordance with the following
provisions. The zoning board of review shall have the following powers and duties:
(1) To hear and decide appeals in a timely fashion within (65) days of the date of the filing
of the appeal where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative officer or agency in the enforcement or
interpretation of this chapter, or of any ordinance adopted pursuant hereto;
(b) Be required to vote as follows:
(1) Five Four active members, which may include alternates, shall be necessary to conduct
a hearing. As soon as a conflict occurs for a member, that member shall recuse himself
or herself, shall not sit as an active member, and take no part in the conduct of the hearing.
Only five active members shall be entitled to vote on any issue;
(2) The concurring vote of three of the five members a majority of members of the zoning
board of review sitting at a hearing shall be necessary to reverse any order, requirement,
decision, or determination of any zoning administrative officer from whom an appeal was
taken; and
(3) The concurring vote of four of the five a majority of members of the zoning board of
review sitting at a hearing shall be required to decide in favor of an applicant on any
matter within the discretion of the board upon which it is required to pass under this
ordinance, including variances and special use permits.
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(e) All members, including alternate members, of any zoning board shall be required to participate
in continuing education courses promulgated pursuant to chapter 70 of this title entitled
"Continuing education for local planning and zoning boards and historic district commissions."
Section 17: This ordinance shall take effect January 1, 2024, and all other ordinances or parts of
ordinances inconsistent herewith are hereby repealed.
Materials will be available for public review and copy at the Town Clerk's Office from 8:30 a.m.
to 4:30 p.m. beginning November 17, 2023 through December 4, 2023 and on the Town's website
at www.narragansettri.gov.
The proposed ordinance may be altered or amended prior to the close of the public hearing without
further advertising, as a result of further study or because of the views expressed at the public
hearing. Any alteration or amendment from its original form shall be presented for comment in
the course of the public hearing.
Individuals requesting interpreter services for the hearing impaired must call 782-0623 seventy-
two (72) hours in advance of the meeting date.
By Order of the Town Council
Janet Tarro
Town Clerk