Town of North Smithfield Zoning Ordinance (Appendix A)
North Smithfield, Rhode Island
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ZONING ORDINANCE
(Appendix A of Code of Ordinances)
TABLE OF CONTENTS
PREAMBLE
Section 1. Provision for Official Zoning Map and Ordinance
Sec. 1.1. Official Zoning Map.
Sec. 1.2. Replacement of Official Zoning Map.
Section 2. Rules and Interpretation of District Boundaries
Sec. 2.1. Determination of uncertainties.
Section 3. Application of District Regulations
Sec. 3.1 Uniformity; exceptions.
Section 4. Nonconforming Lots, Nonconforming Uses of Land, Nonconforming Structures,
Nonconforming Uses of Structures and Premises, and Nonconforming Characteristics of Use
Sec. 4.1. Intent.
Sec. 4.2. Nonconforming lots of record.
4.2.1. Merger of multiple nonconforming lots of record.
Sec. 4.3. Nonconforming uses of land.
Sec. 4.4. Nonconforming structures.
Sec. 4.5. Nonconforming uses of structures or of structures and premises in combination.
Sec. 4.6. Repairs and maintenance of nonconforming structures.
Sec. 4.7. Uses under special-use permit and variance provisions not nonconforming uses.
Section 5. District Use Regulations
Sec. 5.1. Establishment of districts.
Sec. 5.2. Intent of each zoning district.
Sec. 5.3. Interpretation of use table and symbols.
Sec. 5.4. District use regulations.
5.4.1. Agricultural uses.
5.4.2. Residential uses.
5.4.3. Office uses.
5.4.4. Public and semi-public uses.
5.4.5. Open recreation.
5.4.6. Restaurants and entertainment.
5.4.7. Retail business and service.
5.4.8. Wholesale business and storage.
5.4.9. Service industries.
5.4.10. Industrial uses.
5.4.11. Transportation uses.
5.4.12. Accessory uses.
Sec. 5.5. District dimensional regulations.
5.5.1. Residential districts.
5.5.2. Nonresidential districts.
5.5.3 Land Unsuitable for Development.
5.5.3.1 Land Unsuitable for Development includes the following areas:
5.5.3.2 Lots in a Conservation Development.
5.5.3.3 Lots in a Conventional Development of Subdivision.
Sec. 5.6. Special-use permits.
5.6.1. Application procedures for a special-use permit.
5.6.2. Application requirements.
5.6.3. Standards for designated special-use permits.
5.6.3.1. Accessory uses.
5.6.3.2. Drive-in theater, Summer Theater, amphitheater.
5.6.3.3. Fairgrounds or exposition grounds.
5.6.3.4. Utility structures.
5.6.3.5. Extraction of earth products.
5.6.3.6. Shopping centers.
5.6.3.7. Multifamily dwellings, apartments.
5.6.3.8. Home occupation.
5.6.3.9. Accessory family dwelling unit.
5.6.3.10. Wireless communications facilities (WCF).
5.6.3.11 Medical Marijuana
5.7 Ground-mounted solar photovoltaic installations.
5.7.1 Purpose
5.7.2 Applicability
5.7.3 Definitions
5.7.4 Requirements for Accessory Use Solar Photovoltaic Systems
5.7.5 Requirements for Ground-Mounted Solar Photovoltaic Systems
5.7.6 Ground-Mounted Solar Photovoltaic System Procedure and Submission
Requirements
5.7.7 Improvement Guarantees for Ground-Mounted Solar Photovoltaic Systems
5.7.8 Decommissioning of Unused or Abandoned Solar Photovoltaic Systems
5.7.9 Enforcement
5.7.10 Conflict and Severability
Section 6. Supplementary District Regulations
Sec. 6.1. Fresh water wetlands.
Sec. 6.2. Street access to buildings.
Sec. 6.3. Number of residential structures per lot.
Sec. 6.4. Visibility at intersections.
Sec. 6.5. Fences, walls, and hedges in residential districts.
Sec. 6.6. Landscape features and structures.
Sec. 6.7. Swimming pools.
Sec. 6.8. Accessory buildings and structures.
Sec. 6.9. Other yard modifications.
Sec. 6.10. Height modifications.
Sec. 6.11. Street frontage on cul-de-sacs reduced.
Sec. 6.12. Wetland Setbacks for Onsite Waste Water Treatment Systems, OWTS, Buildings and
Impervious Surfaces.
6.12.1. Purpose and Authority.
6.12.2 Onsite Wastewater (OWTS) setback.
6.12.3 Structure and Impervious Surface setback.
6.12.4 Substandard Systems: Cesspools
6.12.4.1 Hardship extension
6.12.5 Definitions
Sec. 6.13. Parking and storage of certain vehicles.
Sec. 6.14. Parking, storage or use of major recreational equipment.
Sec. 6.15. Off-street parking requirements.
Sec. 6.16. Off-street loading requirements.
Sec. 6.17. Sign regulations.
6.17.1. Purpose.
6.17.2. Definitions--Signs.
6.17.3. Signs permitted in any zoning district without permits.
6.17.4. Signs prohibited in all zoning districts.
6.17.5. Signs in residential zoning districts (REA, RA, RS, RU) shall be governed by the
following regulations.
6.17.6. Signs in business and manufacturing districts (BN, BH, PS, LC and M) shall be governed
by the following regulations.
6.17.7. Signs in a Historic District (HD).
6.17.8. Temporary signs.
6.17.9. Political, election, and non-commercial free speech signs.
6.17.10. Signs, number, area, height, illumination and placement.
6.17.11. Permit procedure.
Sec. 6.18. Special Flood hazard areas.
6.18.1. Statement of purpose.
6.18.2. Applicability.
6.18.3. Notification of watercourse alteration.
6.18.4. Use regulations.
6.18.5. Definitions.
Sec. 6.19. Water supply protection overlay district.
6.19.1. Purpose.
6.19.2. Definitions.
6.19.3. Applicability.
6.19.4. Characteristics.
6.19.5. Permitted uses.
6.19.6. Prohibited uses.
6.19.7. Exemptions.
6.19.8. Special use permits.
6.19.8.1. Technology assistance.
6.19.8.2. Application contents.
6.19.8.3. Review by other town boards or agencies.
6.19.8.4. Special-use permit approval criteria.
6.19.9. Public hearing and decision.
6.19.10. Design and operation guidelines.
6.19.11. Enforcement and violations.
6.19.11.1 Enforcement.
6.19.11.2 Violations
6.19.12. Fee Schedule
Sec. 6.20. Conservation Developments
6.20.1 Purposes.
6.20.2 Applicability.
6.20.3 Permitted uses.
6.20.4 Maximum Density for Conservation Development.
6.20.5 Reserved
6.20.6 Lot Dimensional Requirements.
6.20.7 Open Space Conservation Developments.
Sec. 6.21. Illicit Discharge Storm Water.
6.21.1 Purpose.
6.21.2 Authority.
6.21.3 Definitions.
6.21.4 Discharge Prohibitions.
6.21.5 Right of Entry.
6.21.6 Inspections and Monitoring.
6.21.7 Suspension of MS4 Access.
6.21.8 Requirement to Secure a RIPDES Permit.
6.21.9 Industrial and Construction Activity Discharge.
6.21.10 Requirement to Prevent, Control and Reduce Storm Water Pollutants by the use of Best
Management Practices.
6.21.11 Notification of Spills.
6.21.12 Enforcement.
6.21.13 Administrative Orders.
6.21.14 Abatement by Town.
6.21.15 Cost of Abatement of the Violation.
6.21.16 Injunction Relief.
6.21.17 Violations Deemed a Public Nuisance.
6.21.18 Criminal Prosecution.
6.21.19 Remedies Not Exclusive.
Sec 6.22 Post-Construction Stormwater Control
6.22.1 Purpose.
6.22.2 Definitions.
6.22.3 Applicability.
6.22.4 Exemptions.
6.22.5 Variance.
6.22.6 Submissions and Approvals.
6.22.7 Technical Standards.
6.22.8 Stormwater Management Plans.
6.22.9 Inspections for Stormwater Best Management Practices (BMPs).
6.22.10 Operation and Maintenance Requirements for BMPs.
6.22.11 Maintenance Agreements.
6.22.12 Application Fees.
6.22.13 Notification of Noncompliance.
6.22.14 Appeal of Notice of Noncompliance.
6.22.15 Penalties for Violation.
6.22.16 Cost of Abatement of the Violation.
6.22.17 Revocation or Suspension of Approval.
6.22.18 Remedies not Exclusive.
Section 7. Administration and Enforcement; Building Permits and Certificates of Zoning
Compliance
Sec. 7.1. Administration and enforcement.
Sec. 7.2. Building permits required.
Sec. 7.3. Application for building permit.
Sec. 7.4. Certificates of zoning compliance for new, altered, or nonconforming uses.
Sec. 7.5. Relation to other codes, regulations and ordinances.
Sec. 7.6. Expiration of building permit.
Sec. 7.7. Expiration of Certificate of Zoning Compliance.
Sec. 7.8. Construction and use to be as provided in applications, plans, permits, and Certificates of
Zoning Compliance.
Sec. 7.9. Temporary use of dumpsters.
Section 8. Zoning Board of Review; Establishment and Procedure
Sec. 8.1 Membership.
Sec. 8.2.Organization.
Sec. 8.3. Proceedings of the Board.
Sec. 8.4. Hearings; appeals; notice.
Sec. 8.5. Procedure.
Sec. 8.6. Stay of proceedings.
Sec. 8.7. Vested rights.
Section 9. Zoning Board of Review; Powers and Duties
Sec. 9.1. Board has powers of Inspector on appeals; reversing decision of Inspector.
Sec. 9.2. Special-use permits; conditions governing applications; procedures.
Sec. 9.3. Variances, conditions governing applications; procedures.
Sec. 9.4. Expiration of special-use permits, variances.
Sec. 9.5. Repetitive petitions.
Section 10. Appeals from The Board
Sec. 10.1. Procedure.
Section 11. Reserved
Section 12. Mixed Use Districts (MU)
Section 12.1. Purpose.
Section 12.2. Sub-Districts.
Section 12.3. Applicability.
Section 12.4. Procedure.
Section 12.5. Application.
Section 12.6. Criteria for Approval.
Section 12.7. Permitted Uses in MU1 and MU2.
Section 12.8. Density and Dimensional Standards.
Section 12.9. Reserved.
Section 12.10. Design Standards for MU1
Section 12.11. Design Standards for MU2
Section 12A. Schedule of Fees, Charges and Expenses
Section 12A.1 Establishing payment.
Section 13. Amendments
Sec. 13.1. Procedure for amendments.
Sec. 13.2. General amendment.
Sec. 13.3. Repetitive petitions.
Sec. 13.4. Vested rights.
Sec. 13.5. Appeal of enactment of or amendment to Zoning Ordinance.
Section 14. Provisions of Ordinance Declared to Be Minimum Requirements
Sec. 14.1. Interpretation; application; conflict.
Section 15. Complaints Regarding Violations
Sec. 15.1. Procedure.
Sec. 15.2 Notice of violation and response to violations.
Section 16. Penalties for Violations
Sec. 16.1. General.
Section 17. Site Plan Review
Sec. 17.1. Authority and Purpose.
Sec. 17.2. Applicability.
Sec. 17.3. Review Process.
Sec. 17.4. Application contents.
Sec. 17.5. Environmental impact assessment.
Sec. 17.6. Fiscal impact assessment.
Sec. 17.7. Traffic impact assessment.
Sec. 17.8. Site and design standards.
Sec. 17.8.1. Site Planning.
Sec. 17.8.2. Groundwater Resource Protection.
Sec. 17.8.3. Access and Circulation.
Sec. 17.8.4. Landscaping.
Sec. 17.8.5 On-site storage and Use of Materials.
Sec. 17.8.6. Building Design.
Sec. 17.8.7. Servicing the Building.
Sec. 17.9. Waivers.
Sec. 17.10. Required findings.
Sec. 17.11. Conditions of development plan review approval.
Sec. 17.12. Appeals.
Sec. 17.13. Enforcement.
Section 18. Soil Erosion and Sediment Control
ARTICLE I.
Sec. 18.1. Purpose.
Sec. 18.2. Findings.
Sec. 18.3. Authority.
ARTICLE II.
Sec. 18.4. Applicability.
ARTICLE III.
Sec. 18.5. Determination of applicability.
ARTICLE IV.
Sec. 18.6. Provisions of plan-Procedures.
Sec. 18.7. Fees.
Sec. 18.8. Plan review.
Sec. 18.9. Plan approval.
Sec. 18.10. Appeals.
ARTICLE V.
Sec. 18.11. Soil Erosion and Sediment Control Plan, and Stormwater Pollution Prevention Plan.
Sec. 18.12. Performance Principles.
ARTICLE VI. ENFORCEMENT.
Sec. 18.13. Performance Bond.
Sec 18.13.1. Notice of default on performance secured by bond.
Sec. 18.14. Approval-Expiration-Renewal.
Sec. 18.15. Maintenance of measures.
Sec. 18.16. Liability of applicant.
ARTICLE VII.
Sec. 18.17. Inspections.
Sec. 18.17.1. Periodic inspections.
Sec. 18.17.2. Final inspection.
Sec. 18.18. Approval under state Freshwater Wetlands Act.
ARTICLE VIII NOTIFICATION.
Sec. 18.19. Notification, non-compliance.
Sec. 18.20. Penalties.
ARTICLE IV. DEFINITIONS.
Sec. 18.21. Definitions of Selected Terms.
Sec. 18.22. Severability.
Section 19. Historical District
Sec. 19.1. Authority.
Sec. 19.2. Legislative intent.
Sec. 19.3. Definitions.
Sec. 19.4. Designation of Historic Districts.
Sec. 19.5. Historic District Commission.
Sec. 19.6. Failure of the Commission to act.
Sec. 19.7. Advisory role.
Sec. 19.8. Educational role.
Sec. 19.9. Exceptions.
Sec. 19.10. Equitable actions.
Sec. 19.11. Preservation of endangered structures.
Sec. 19.12. Appeals.
Sec. 19.13. Enforcement.
Section 20. Definitions
Sec. 20.1. Schedule.
Section 21. Separability Clause
Sec. 21.1. Declaration.
Section 22. Repeal of Conflicting Ordinances; Effective Date
Sec. 22.1. Declaration.
Appendix A: Schedule of zoning fees, charges and expenses; Advertising of Zoning
TOWN OF NORTH SMITHFIELD
RHODE ISLAND
ZONING ORDINANCE
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE
TOWN, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND
AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF TITLE 45, CHAPTER
24, OF THE GENERAL LAWS OF RHODE ISLAND, 1991, AS AMENDED, AND HEREAFTER
AMENDED FROM TIME TO TIME, AND TO PROVIDE THE REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH.
Whereas Title 45, Chapter 24, as amended in 1991, empowers the Town to enact a Zoning
Ordinance and to provide for its administration, enforcement, and amendment, and
Whereas the Town Council deems it necessary, for the purpose of promoting the health, safety,
morals, or general welfare of the Town to enact such an ordinance, and
Whereas the Zoning Committee has submitted its final report to the Town Council, and
Whereas the Town Council has given due public notice of hearings relating to zoning districts,
regulations, and restrictions, and has held such public hearings, and
Whereas all requirements of Title 45, Chapter 24, as amended in 1991, with regard to the
preparation of the report of the Zoning Committee and subsequent action of the Town Council have
been met; IT IS ORDAINED BY THE TOWN COUNCIL OF NORTH SMITHFIELD, RHODE
ISLAND, AS FOLLOWS:
PURPOSE
This regulation has been developed and maintained in accordance with the North Smithfield
Comprehensive Plan, adopted, and as may be amended in accordance with chapter 22.2 of the Rhode
Island General Laws and has been designed to address the following purposes:
(1)
To promote the public health, safety, and general welfare.
(2)
To provide for a range of uses and intensities of use appropriate to the character of the
Town and reflecting current and expected future needs.
(3)
To provide for orderly growth and development which recognizes:
(a)
The goals and patterns of land use contained in the comprehensive plan of the
Town adopted pursuant to chapter 22.2 of the State Enabling Acts Relating to
Land Use and Planning 1993.
(b)
The natural characteristics of the land, including its suitability for use based on
soil characteristics, topography, and susceptibility to surface or groundwater
pollution;
(c)
The values and dynamic nature of ponds and freshwater wetlands;
(d)
The values of unique or valuable natural resources and features;
(e)
The availability and capacity of existing and planned public and/or private
services and facilities;
(f)
The need to shape and balance urban and rural development; and
(g)
The use of innovative development regulations and techniques.
(4)
To provide for the control, protection, and/or abatement of air, water, groundwater, and
noise pollution, and soil erosion and sedimentation.
(5)
To provide for the protection of the natural, historic, cultural, and scenic character of the
Town or areas therein.
(6)
To provide for the preservation and promotion of agricultural production, forest,
silviculture, timber resources, and open space.
(7)
To provide for the protection of public investment in transportation, water, stormwater
management systems, sewage treatment and disposal, solid waste treatment and disposal,
schools, recreation, public facilities, open space, and other public requirements.
(8)
To promote a balance of housing choices, for all income levels and groups, to assure the
health, safety and welfare of all citizens and their rights to affordable, accessible, safe,
and sanitary housing.
(9)
To provide opportunities for the establishment of low and moderate-income housing.
(10)
To promote safety from fire, flood, and other natural or man-made disasters.
(11)
To promote a high level of quality in design in the development of private and public
facilities.
(12)
To promote implementation of the comprehensive plan of the Town adopted pursuant to
chapter 22.2 of the State Enabling Acts Relating to Land Use and Planning 1993.
(13)
To provide for coordination of land uses with contiguous municipalities, other
municipalities, the State, and other agencies.
(14)
To provide for efficient review of development proposals, to clarify and expedite the
zoning approval process.
(15)
To provide for procedures for the administration of this Zoning Ordinance.