Transcription of SMITHFIELD ZONING ORDINANCE
1 SMITHFIELD ZONING ORDINANCE ADOPTED: May 19, 1998 AMENDED: May 9, 2009, October 4, 2010, March 20, 2012, May 7, 2013, July 15, 2014, October 7, 2014, April 21, 2015, September 15, 2015, April 18, 2017, February 20, 2018, May 1, 2018, December 4, 2018, June 4, 2019, September 17, 2019, January 7, 2020, June 2, 2020, December 7, 2021 Town of SMITHFIELD , Rhode Island ZONING ORDINANCE TABLE OF CONTENTS ARTICLE 1 - GENERAL PROVISIONS STATEMENT OF PURPOSE 1 OFFICIAL ZONING MAP 2 ESTABLISHMENT OF ZONING DISTRICTS 2 ZONE GROUP CLASSIFICATION 4 ZONE BOUNDARIES 4 COMPLIANCE WITH ORDINANCE 4 INTERPRETATION OF ORDINANCE 5 ARTICLE 2 DEFINITIONS GENERAL 6 SPECIFIC DEFINITIONS 6 ARTICLE 3 NONCONFORMANCE NONCONFORMANCE 25 LAWFULLY ESTABLISHED 25 NONCONFORMING BY USE 25 NONCONFORMING BY DIMENSION 25 NONCONFORMING BY DWELLING UNITS 25 MOST RESTRICTIVE REGULATIONS TO APPLY 25 EXISTENCE BY VARIANCE OR SPECIAL USE PERMIT 25 BUILDING OR STRUCTURE NONCONFORMING BY USE 26 BUILDING OR STRUCTURE NONCONFORMING BY DIMENSION 27 LAND NONCONFORMING BY USE 28 LAND NONCONFORMING BY AREA 28 BUILDINGS AND STRUCTURE NONCONFORMING BY PARKING 30
2 SPECIAL USE PERMIT FOR EXPANSION, ADDITION, OR ENLARGEMENT 30 ARTICLE 4 - USE REGULATIONS APPLICATION OF DISTRICT REGULATIONS 31 PERMITTED USES 32 TABLE OF USES 34 SUPPLEMENTARY USE REGULATIONS 42 A. Agricultural Uses 42 B. Residential Uses 43 C. Office Uses 48 D. Public and Semi-Public Uses 49 E. Outdoor Recreation Uses 53 F. Restaurant and Entertainment Uses 54 G. Retail Business and Service Uses 56 H. Wholesale Business and Storage Uses 65 I. Service Industry Uses 67 J. Industrial Uses 67 K. Transportation Uses 70 L. Medical Marijuana 71 M. Accessory Uses 73 DIMENSIONAL RELIEF BY SPECIAL USE PERMIT 73 USES PROHIBITED IN ALL DISTRICTS 73 ARTICLE 5 - DIMENSIONAL REGULATIONS APPLICATION 77 DIMENSIONAL REGULATIONS 77 CALCULATION OF MINIMUM CONTIGUOUS BUILDABLE LOT AREA 77 Area 77 Frontage 77 Yards 78 Buffers 78 Height 79 DIMENSIONAL REGULATIONS - TABLE 1 79 DIMENSIONAL REGULATIONS FOR MULTI-FAMILY DWELLINGS 81 CONSERVATION DEVELOPMENTS 81 Purpose 81 Approval Procedure 82 Permitted Uses 82 Maximum Density For Conservation Development 84 Lot Dimensional Requirements 84 Open Space In Conservation Developments 85 PLANNED DEVELOPMENT _____ 86 PLANNED CORPORATE DISTRICT 88 Purpose 88 Planned Park Application Requirements 89 Supplemental Performance Standards 89 INDUSTRIAL - PLANNED CLUSTER DEVELOPMENT 90
3 Purpose 90 Petitions 91 Procedure 91 Area 92 Other Considerations 92 Hearing & Approval 92 INCLUSIONARY ZONING 93 SOLAR ENERGY SYSTEMS 101 Purpose and Applicability 101 Definitions 102 Permitted Uses and Review Process 103 Accessory Solar Energy Systems 106 Principal Solar Energy Systems 108 General Requirements For Accessory And Principal Solar Energy Systems 109 Additional Requirements for Principal Solar Energy Systems in Residential ZONING Districts (R-20, R-20M, R-Med, R-80 and R-200) 111 Additional Requirements for Principal Solar Energy Systems in Non-Residential ZONING Districts 112 Financial Security, Abandonment and Decommissioning 112 ARTICLE 6 - SUPPLEMENTARY REGULATIONS PROVISIONS AFFECTING ALL DISTRICTS 115 Street Access to Buildings 115 Number of Residential Structures per Lot 115 Corner Visibility 115 Land Development Project 115 ACCESSORY USES 115 PERFORMANCE STANDARDS 116 SWIMMING POOLS 118 MIXED USE REQUIREMENTS 118 PARKING AND STORAGE OF MOTOR VEHICLES AND MAJOR RECREATIONAL EQUIPMENT 119 NONPERMANENT STRUCTURES 119 LAND UNSUITABLE FOR DEVELOPMENT 119 FLEXIBLE LOT FRONTAGE AND WIDTH 120 DUMPSTERS AND SHIPPING CONTAINERS 120 ARTICLE 7 - OFF-STREET PARKING AND LOADING INTERPRETATION OF REGULATIONS 122 LOCATION OF PARKING USES 122 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS 123 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS 124 OFF-STREET LOADING REQUIREMENTS 128 ARTICLE 8 SIGNS GENERAL
4 130 PROHIBITIONS AND RESTRICTIONS, GENERAL 130 SIGN PERMITS 130 MAINTENANCE OF SIGNS 132 VILLAGE, COMMERCIAL, HIGHWAY, COMMERCIAL, PLANNED CORPORATE, PLANNED DEVELOPMENT AND INDUSTRIAL SIGNS 132 ILLUMINATION OF SIGNS 133 TEMPORARY SIGNS 133 ARTICLE 9 - SPECIAL DISTRICTS OVERLAY DISTRICTS 135 AIRPORT OVERLAY DISTRICT 135 PUTNAM PIKE/ESMOND STREET PLANNED DEVELOPMENT DISTRICT 135 ECONOMIC GROWTH OVERLAY DISTRICT 142 ARTICLE 10 - ADMINISTRATION, ENFORCEMENT AND RELIEF ZONING OFFICIAL - DUTIES 164 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 165 A. Building Permits Required 165 B. Application for Building Permit 165 C. Retention of Plans 165 D. Relation To Other Codes, Regulations and Ordinances 165 E. Soil Erosion and Sediment Control 165 F. Certificate of Occupancy 165 G. Expiration of Building Permit 166 H. Construction and Use To Be As Provided in Applications, Plans and Permits 166 MODIFICATIONS GRANTED BY THE OFFICIAL 166 SCHEDULE OF FEES, CHARGES AND EXPENSES 167 MINIMUM REQUIREMENTS AND CONFLICTS OF LAW 167 PENALTIES AND ENFORCEMENT 167 ZONING BOARD OF REVIEW 168 A.
5 Establishment and Procedures 168 B. Membership 168 C. Qualifications of Members 168 D. Vacancies 169 E. Removal 169 F. Prior Members 169 G. Organization 169 H. Procedures of the Board 169 I. Powers and Duties 169 J. Voting 170 K. Application Procedure 170 L. Decisions and Records of the ZONING Board of Review 171 VARIANCES AND SPECIAL USE PERMITS 171 TECHNICAL REVIEW 175 APPEALS TO THE ZONING BOARD 177 EXPIRATION OF VARIANCES AND SPECIAL USE PERMITS 178 REPETITIVE PETITIONS 178 APPEALS TO SUPERIOR COURT 179 ARTICLE 11 - ADOPTION AND AMENDMENT ADOPTION, AMENDMENT & ADMINISTRATION OF ZONING ORDINANCE 180 APPEAL OF ENACTMENT OF OR AMENDMENT TO ZONING ORDINANCE 183 VESTED RIGHTS 183 EFFECTIVE DATE 184 SEVERABILITY 184 ARTICLE 12 COMPREHENSIVE PERMIT FOR LOW AND MODERATE INCOME HOUSING DECLARATION OF POLICY 185 DEFINITIONS 185 LOCAL REVIEW BOARD 186 ADMINISTRATIVE PROCEDURES 187 REVIEW PROCESS FOR PROJECTS LISTED IN TABLE H-25 SELECTED PROPERTIES FOR THE CONSTRUCTION OF LOW AND MODERATE INCOME HOUSING 191 Town of SMITHFIELD Article 1 General Provisions ZONING ORDINANCE 1 ZONING ORDINANCE ARTICLE 1 - GENERAL PROVISIONS STATEMENT OF PURPOSE The ZONING districts and regulations set forth in this ZONING ORDINANCE are made in accordance with the Comprehensive Community Plan adopted by the Town of SMITHFIELD and for the following
6 Purposes: A. To promote the public health, safety, and general welfare of the Town. B. 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. C. To provide for orderly growth and development which recognizes: 1. the goals and patterns of land use contained in the aforesaid Comprehensive Community Plan of the Town adopted pursuant to Chapter of the General Laws of Rhode Island; 2. the natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution; 3. the values and dynamic nature of the Town's waterbodies, freshwater ponds, streams, and freshwater wetlands; 4. the values of unique or valuable natural resources and features; 5. the availability and capacity of existing and planned public and/or private services and facilities; 6.
7 The need to shape and balance village (urban), suburban and rural development, and; 7. the use of innovative development regulations and techniques. D. To provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation. E. To provide for the protection of the natural, historic, cultural, and scenic character of the Town or areas therein. F. To provide for the preservation and promotion of open space and recreation resources of the Town. G. 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. H. 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.
8 I. To promote safety from fire, flood, and other natural or man-made disasters. Town of SMITHFIELD Article 1 General Provisions ZONING ORDINANCE 2 J. To promote a high level of quality in design in the development of private and public facilities. K. To promote implementation of the Comprehensive Community Plan, as amended, of the Town. L. To provide for coordination of land uses with contiguous municipalities, other municipalities, the State and other agencies. M. To provide for efficient review of development proposals, and to clarify and expedite the ZONING approval process. N. To provide for procedures for the administration of this ORDINANCE . OFFICIAL ZONING MAP A. The Official ZONING Map, consisting of seventy-five (75) plats together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ORDINANCE . B. The Official ZONING Map shall be identified by the signature of the Town Council President and attested by the Town Clerk, and bear the seal of the Town under the following words: "This is to certify that this is the Official ZONING Map referred to in Section of the ZONING ORDINANCE " together with the date of the adoption of this ORDINANCE .
9 C. Any ZONING Map amendment made pursuant to of this ORDINANCE shall be entered on the Official ZONING Map under the direction of the Town Clerk within fourteen (14) days after the amendment has been approved by the Town Council, with an entry on the Official ZONING Map as follows: On [date], by official action of the Town Council, the following changes were made in the Official ZONING Map: [Text of Changes] which shall be signed by the Town Council President and attested by the Town Clerk. D. Regardless of the existence of purported copies of the Official ZONING Map, which may from time to time be made or published, the Official ZONING Map, which shall be located in the office of the Town Clerk, shall be the final authority as to the current ZONING status of land, water areas, buildings, and other structures in the Town. ESTABLISHMENT OF ZONING DISTRICTS For the purpose of this ORDINANCE , the Town is divided into ZONING districts designated and described as follows: A.
10 Residential Conservation (R-200) This district is established to provide areas for rural density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 200,000 square feet, where limited agricultural pursuits and rural density residential uses are compatible with open space objectives. B. Low Density, Residential (R-80) This district is established to provide areas for low density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 80,000 square feet to allow semi-rural residential opportunities. Town of SMITHFIELD Article 1 General Provisions ZONING ORDINANCE 3 C. Medium Density, Residential (R-Med) This district is established to provide areas for medium to low density residential use, with single dwelling unit detached structures, located on lots with a minimum land area of 65,000 square feet to allow residential medium development in areas with no public sewer or public water and lots with a minimum land area of 40,000 square feet to allow residential medium development in areas with public sewer and public water.
