ARTICLE I. IN GENERAL

Sec. 19-1. Definitions.

Sec. 19-2. Purpose.

Sec. 19-3. Consistency with the comprehensive plan.

Sec. 19-4. Compliance with this chapter.

Sec. 19-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutter means one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

Accessory family dwelling unit means an accessory family dwelling unit in an owner-occupied, single-family residence that shall be permitted as a reasonable accommodation only for a family member(s) with disabilities. The appearance of the structure shall maintain the single-family character of the neighborhood and the accessory family dwelling unit shall remain subordinate to the principal use of the living quarters and there shall be an internal means of egress between the principal unit and the accessory family dwelling unit. See section 19-202 for a description, general requirements and standards; and application process.

Accessory structure means a structure located on the same lot as a principal use but separate from the principal building and devoted or intended to be devoted to an accessory use. The accessory structure shall not be located between the public right-of-way and the principal use and said accessory structure shall be no greater than 50 percent of the gross floor area of the principal use.

Accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building, which shall be located on the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be subordinate to the principal use served.

Aggrieved party means:

(1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or

(2) Anyone requiring notice pursuant to this chapter.

Amusement game center means any structure or portion thereof within which are kept for use as games, entertainment or other public patronage, four or more amusement game machines or devices as defined in this section.

Amusement game machine means a mechanical, electrical, or electronic machine or device which shall be ready for play by the insertion of a coin or by the payment of a fee, and may be operated by the public for use as a game, for entertainment, or for amusement. It shall include, but not be limited to, such devices as pinball machines, game machines, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

Amusement park means an activity devoted to entertainment through the medium of rides, games, shows, attractions and other similar activities presented either in the open or within structures and buildings together with public dance in dance halls, refreshments in refreshment stands and dining in dining and shore dinner halls, all of which are an integral part of the park.

Applicant means an owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

Application means the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

Automotive commercial parking garage means a structure used primarily for the storing or parking of motor vehicles.

Automotive repair shop means a structure sheltering the activities of heavy or major motor vehicle repairs, rebuilding and painting.

Bed and breakfast means a small lodging establishment that offers overnight accommodation and inclusive usually of breakfast only, typically private homes offering accommodation with fewer than ten bedrooms available for commercial use. This is not to be considered as the allowable accessory use for a residential district regarding the rental of a room pursuant to section 19-171, accessory uses.

Black box theater (or experimental theater ) means a simple, typically unadorned performance space, usually a large square room with black walls and a flat floor, usually home to plays or other performances with very basic technical arrangements.

Board means the zoning board of review.

Buffer means land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

Build-to-line is a means to define the street frontage and pedestrian areas by mixed use and commercial buildings generally built to property lines at the edge of right-of-way (back of sidewalk) or to other accessible public area, e.g., in a "Main Street" manner.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building envelope means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

Building height means the vertical distance from grade to the top of the highest point of the roof or structure, however, the limitation of height of buildings and structures in section 19-145 shall not apply in any district to churches and other places or worship, religious institutions and public or private schools or ornamental features of buildings which are in no way used for living or advertising purposes or to chimneys and ventilators ten feet or less above the peak of the roof.

Building volume means the volume of a building measured from its exterior dimensions including all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof, i.e., meaning building mass, the height, width, and depth of a structure.

Business/technology development means one or more lots, tracts or parcels of land in a business/technology floating zone district totaling no less than three acres which are planned, developed or redeveloped, and operated as an integral facility for a number of separate buildings and supporting ancillary uses with more than 100,000 square feet of gross floor area, with special attention given to circulation, parking, utility needs, aesthetics and use compatibility.

Café means a restaurant serving coffee and other beverages along with baked goods or light meals.

Cemetery means land used for the interment of the dead and dedicated for cemetery purposes including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cluster means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally sensitive features and/or structures. Under cluster development there is no increase in the number of lots or dwelling units permitted under conventional development except where this chapter provides incentive bonuses for certain types of conditions of development.

Cluster development means a contiguous area or lot with a land area of five acres or more to be developed as an integral residential unit according to a plan containing primarily clusters of residential structures, common open space, and other associated permitted uses primarily for the benefit of the residential development.

Cluster development district means a floating zone district imposed upon the city zoning map which permits a residential cluster development.

Commercial educational institutions means any profit-making institution such as secretarial and business schools, technical institutes, colleges, schools, commercial colleges and other similar educational organizations or institutions.

Common ownership means ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots, or ownership by any association (such ownership may also include the city) of one or more lots under specific development techniques.

Community residence means a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:

(1) Whenever six or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences;

(2) A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq.;

(3) A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to G.L. 1956, § 42-72.1-1 et seq.;

(4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to state statutes and to which any zoning adopted pursuant to this act shall be in compliance.

Container means a large standard size cargo enclosure into which cargo may be packed for shipment aboard specially configured ocean-going vessels and designed to be easily interchangeable between the three basic modes of transportation: waterborne vessels, truck and rail. For purposes of this definition, railroad cars are not classified as containers.

Container terminal means an area including buildings, loading and unloading facilities and open areas for the storage and handling of containers.

Co-worker space means a shared working environment, often an office, but that houses independent activities, and those co-working are usually not employed by the same organization.

Cultural activity means any nonprofit or for profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor art as an accessory use, such as a curated mural, provided that said outdoor art does not serve as a sign.

Data processing center means a service business that prepares, services, handles, stores or processes information through the use of special equipment and techniques, such as with computers and/or office business machines.

Day care/day care center means any other day care center which is not a family day care home.

Day care/family day care home means any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

Density, residential or residential density means the number of dwelling units per unit of land.

Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

Development plan review means the process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.

Digital sign means a sign that features static images that change over a period of time not to exceed once every ten seconds and are used to advertise to consumers in a public place(s), including to those in private automobiles, e.g., a sign displaying gasoline prices.

Disability means, with respect to an individual:

(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(2) A record of such impairment; or

(3) Being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under [G.L. 1956,] Chapter 42-87, Civil Rights of People with Disabilities, because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity;

(4) An impairment under this section shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six months or less.

Drainage system means a system for the removal of water from land by drains, grading or other appropriate means.

Drive-through facility means a commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is served without exiting the vehicle. This shall not include establishments engaging in the retail sale of alcoholic beverages; gasoline filling station which is defined separately nor the necessary functions of a carwash facility such as vacuum cleaning stations.

Dry-bulk cargo means materials such as, but not limited to, cement, ash, salt or other loose or particulate matter which through their handling or storage have the potential to disperse or generate fugitive dust or other emissions.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels, motels, lodginghouses, trailers or structures solely for transient or overnight occupancy.

Dwelling unit means a structure or portion thereof providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress which may be located off a shared common space.

Electronic vehicle charging station means a public or private parking space(s) that is (are) served by battery changing equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

Emergency shelter means a structure or portion of a structure or building above or below the ground, so constructed as to provide protection to human life during periods of nuclear fallout or blast overpressure and meeting the requirements and restrictions of the city director of civil defense.

Extractive industry means the extraction of minerals including: Solids, such as coal and ores; liquids such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

Façade means all the wall planes of a structure as seen from one side or view and containing the walls, fascia, windows, doors, and canopy on any building elevation. For example, the front façade of a building would include all such areas that would be shown on the site and building plans for the front elevation.

Family means a person or persons related by blood, marriage or other legal means.

Farming means the raising and keeping of cattle, horses, sheep, goats or poultry, but not hogs or fur animals, and the growing of all agricultural products and eggs, provided that buildings or structures used wholly or in part for the keeping or raising of livestock or poultry shall be located a minimum of 100 feet from the nearest adjoining lot or property line.

Floating zone means an unmapped zoning district adopted within this chapter which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

Flood maps means the official flood insurance rate maps and flood boundary and floodway maps of the city, Nos. 445398 0001 through Nos. 445398 0008 inclusive, revised June 1, 1983, as published by the federal insurance management agency, including any subsequent amendments officially adopted. The areas of special flood hazard, including all A and V zones, and the floodways as shown on the maps shall be considered an overlay district to the city zoning maps and shall be subject to the restrictions of section 19-306 as amended, in addition to any provisions applicable to the existing zoning district.

Floodplains, or flood hazard area means an area that has a one percent or greater chance of inundation in any given year, as delineated by federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448).

Floodproof means to utilize any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings. For the purposes of this chapter, the latest published floodproofing regulations prepared by the U.S. Army Corps of Engineers may be applied at the discretion of the city engineer to determine the floodproofing measures and techniques to be required and employed.

Front lot line. See Lot line, front.

Fur animal means any animal usually kept and raised for the use and sale of its skin or fur.

Gallery means a building or space for the exhibition of art, usually visual art. Paintings are the most commonly displayed art objects. However, sculpture, decorative arts, furniture, textiles, costume, drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation art are also shown. Gallery space is sometimes used to host other artistic activities, such as performance art, music concerts, or poetry readings.

Gasoline filling station means a building, structure or premises where motor vehicular fuel is stored for sale to the public and where other sales activities and any other repairs which are minor in scope and subordinate to the sale of motor vehicular fuel, oil, and lubricants are carried on. Vehicle body repair, painting, major mechanical repair and motor vehicle sales, leasing or storage of unregistered vehicles are prohibited.

Grade means a reference plane representing the average finished ground level at the front of the building. Front of the building may be determined by the street address, and shall be done in consultation with the building inspector. Where the finished ground level slopes away from the front of the building, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a point five feet from the building.

Groundwater means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.

Hardship means as defined in division 2 board of review, sections 19-36 through 19-55 of this chapter.

Hazardous waste means any waste or combination of wastes of a solid, liquid, contained gaseous or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause, or insignificantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or

(2) Pose a substantial present or potential hazard to human health or the environment.

Such wastes include, but are not limited to, those which are toxic, corrosive or flammable, or irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction. In addition, such wastes include "industrial waste" as such term is used elsewhere in the state statues, as amended, unless the context shall clearly indicate otherwise. (This definition is incorporated from G.L. 1956, § 23-19.1-1 et seq. of the hazardous waste management act and G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are heretofore incorporated in this definition.)

Hazardous waste disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water. (This definition is incorporated from G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and G.L. 1956, § 23-19.7-1 et seq., of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Hazardous waste management facility means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility at which such activities occur and where waste has been generated. (This definition is incorporated from G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Heavy manufacturing means the manufacture or compounding of raw materials, and associated fabricating, packaging, distribution, and assembling, which shall be in conformance with sections 19-336 through 19-345.

Helistop means any private landing area used for the landing and taking off of a helicopter engaged in the personal or business operations of the person or company maintaining such helistop for the purposes of picking up and discharging of passengers or cargo, but not including fueling, repair or service facilities. The term helistop shall include, but not be limited to helipad, touchdown area, takeoff area, landing area, peripheral area and helicopter landing facility.

Higher educational institution means any university, college, junior college or similar public or nonprofit private educational organization or institution for post high school training.

Historic district, or historic site means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to state statutes.

Home occupation means an activity customarily carried out for gain by a resident, and conducted as an accessory use in the resident's dwelling unit, and as further provided for in section 19-171.

Hospital means an institution providing health services primarily for human inpatient medical, surgical, or therapeutic care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Hotel means a building or buildings where temporary lodging is provided and offered to the public for compensation and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use.

Household means one or more persons, living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

(1) A family, which may also include servants and employees living with the family; or

(2) A person or group of no more than four unrelated persons living together as distinguished from persons occupying a boardinghouse, lodginghouse, club, motel or hotel.

Impact assessment means a concise report which accomplishes the following: Evaluates the positive and negative and direct and indirect impacts of a development or redevelopment project on the natural and manmade environment; and proposes reasonable measures to mitigate the impacts identified.

Incentive zoning means the process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

Incubator means a business company that helps new and startup companies to develop by providing services such as management training or office space, including co-working space. Business incubators differ from research and technology parks in their commitment to startup and early-stage companies.

Industrial trade schools means institutions dedicated to the instruction of trades such as, but not limited to, automotive repair, marine repair and heavy equipment repair and operation.

Infrastructure means facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.

Junk materials means materials such as, but not limited to, scrap metal, unbaled scrap or waste paper, slag, sludge, or garbage or other materials which have the potential to present noxious odors.

Kiosk, free stating exterior means a freestanding exterior structure of less than 500 square feet for drive-up or walk-up window services or retail sales.

Land development project means a project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this chapter.

Large-scale ground-mounted solar photovoltaic facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity per panel of 250 kW DC or more.

Limited manufacturing means the manufacturing, compounding, assembly, packaging, or fabrication of materials and products, with no outdoor storage, and in conformance with sections 19-336 through 19-345. Included in this category are: the manufacturing of advertising display, models and patterns; apparel and other finished products made from fabrics and similar materials; business machines; camera and photographic equipment; caskets; ceramic products; cosmetics and toiletries; electrical appliances; electronic equipment; emblems and badges; fasteners; food; games and toys; laboratory, scientific and engineering instruments; precious metal and costume jewelry; musical instruments; medical appliances and instruments; packaging products; paper products (but not the manufacture of paper from pulpwood), plastic products (but not the processing of raw materials); pharmaceuticals or optical goods; printing, publishing, engraving; sporting and athletic goods (including bicycles); tools or hardware; watches and clocks; writing instruments; and other similar products. A machine shop is included in this category.

Limited metal reclamation means the salvaging and reclamation of used metals of all types when carried on in a completely enclosed building without outside storage of any kind.

Liquid-bulk cargo means materials such as, but not limited to, petroleum products, liquefied natural gas or liquid chemical products, which, through their handling or storage, have the potential to cause environmental damage through spillage, dispersal, or leaching into the ground, groundwater or air, or damage due to explosion or fire.

Live entertainment means any activity performed live or any activity having amplified recorded sound or amplified electronic musical instruments including, but not limited to, musical bands, musical instruments, musical soloists, comedians and disc jockeys. For purpose of this definition, juke boxes and screen television entertainment are not regulated as live entertainment.

Live/work space means a building or spaces within a building used for commercial activities and areas for residential/living purposes where two-thirds or 67 percent of the unit is dedicated for residential purposes. Examples of acceptable live/work space are live-work units of insurance and financial offices, artists, boutiques, small antique shops, dance studios, personal trainers, and consultants of various type. Said business shall be of no or low impact to neighbors, and the unit shall be to be required to be occupied by the business owner.

Living space means the total floor areas of rooms used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, lavettes, laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces and any area with less than five feet of clear headroom under sloping ceilings, garages, breezeways, courts, porches, basements and cellars.

Lot means the basic unit for determination of lot area, depth, and other dimensional regulations; or a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of title transfer. Substandard lots of record shall be subject to the lot merger provisions of this chapter as defined in sections 19-131 through 19-133.

Lot area means the total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet, subject to the usable lot area provisions of this chapter as defined in this section.

Lot building coverage means that portion of the lot that is or may be covered by buildings and accessory buildings. This shall be expressed as a percent and shall express the proportion of the usable lot area that is or may be covered by the total maximum horizontal cross section of any building. For the purposes of this chapter, swimming pools shall not be considered in the measurement of lot building coverage as an accessory use in a residential district.

Lot, corner or corner lot mean lots which abut on and at the intersection of two or more streets and/or road rights-of-way.

Lot depth means the distance measured from the front lot line to the rear lot line; the distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.

Lot frontage means that portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.

Lot line means a line of record, bounding a lot which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

(1) Lot line, front or front lot line mean the lot line separating a lot from a street right-of-way. Corner and through lots are subject to the provisions of section 19-141.

(2) Lot line, rear or rear lot line mean the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Irregularly shaped lots are those which the zoning officer determines do not have a readily apparent rear lot line, which meets the intent of this chapter. In the event that the front property line of an irregularly shaped lot line is a curved line then the rear property line shall be assumed to be a line not less than ten feet long, lying entirely within the lot and parallel to a line tangent to the front lot line at its midpoint. The rear lot line for corner and through lots shall be as determined under section 19-141.

(3) Lot line, side or side lot line mean any lot line other than a front or rear lot line. Side lot lines for corner and through lots shall be as determined under section 19-141.

Lot, through or through lot mean a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Marina means a complex of boating facilities designed as a unit, including such facilities as permanent slips, launching ramps, boat rentals, ships' stores, minor repairs and accommodations for eating and sleeping and excluding major overhaul and repair, winter storage and boat sales.

Massage therapist means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning that is approved by the Commission on Massage Therapy Accreditation (COMTA) or an equivalent academic and training program meeting the requirements of the Rhode Island Department of Health as stated in their rules and regulations for licensing massage therapists as approved by the director, other than a correspondence course which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology, hygiene and professional ethics, pursuant to the statutory provisions. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Massage therapy means the practice of massage by a licensed massage therapist using a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

Massage therapy establishment means an establishment approved and otherwise regulated by the licensing agency, which is the State of Rhode Island Department of Health, operating in conformance with all pertinent rules and regulations of the State of Rhode Island and all city ordinances and license requirements. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Mere inconvenience means as defined in section 19-45.

Mixed use means a mixture of land uses within a single development, building, or tract.

Motel means a building intended and designed for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.

Multifamily dwelling means a building intended and designed to be occupied by three or more households living independently in separate dwelling units and/or townhouses, row houses, and/or apartments.

Neighborhood center means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public, that provides linkages to nearby neighborhoods, civic and/or open space/park properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center shall provide a location for consumers to arrive and depart by public transit, such as by the provision of a bus shelter. A neighborhood center may only be developed on lots of no less than 50,000 square feet. The inclusion of a feature such as a gazebo, garden, art, etc. to provide consumers with an attractive amenity is encouraged.

Nonconformance means a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of this chapter or amendment thereof. Nonconformance shall be of only two types:

(1) Nonconformance by use means a lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use.

(2) Nonconforming by dimension means a building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use, a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

One-family dwelling means a building used exclusively for occupancy by one household.

Open space means lands primarily undeveloped, including public and semi-public open lands and private development of similar low building intensity. The purposes of this land are to provide park, recreational, historic and scenic areas and the conservation of land and other natural resources. The following uses are considered to be in character with the concepts of this definition: Farming; conservation districts; historic areas; hunting preserves; state and local parks; parkways; playfields and playgrounds; reforestation areas and wood lots, reservations, watershed and water supply lands; wildlife refuges and nature centers; day and overnight camps for children; golf and country clubs; institutional uses; seminaries, monasteries and convents; public and private schools; sportsmen's clubs; and a large-scale ground-mounted solar photovoltaic facility.

Open storage means the storage outside of a completely enclosed structure, of any commodity, equipment, supplies, material, or substance related to a business or industrial use.

Outdoor retail—accessory means retail activity that takes place in an open lot, tent, trailer, motor vehicle, enclosure or structure that is not permanently affixed to the land.

Overlay district means a district established by this chapter that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

Owner means the owner of record as recorded in the records of land evidence in the city.

Parcel distribution center means a building devoted to the receiving, sorting, overnight storage and delivery of small parcels not exceeding 50 pounds in weight.

Parking area means an automotive parking lot to accommodate the required number of automotive parking spaces required for various uses by this chapter.

Performance standards means a set of criteria or limits relating to elements which a particular use or process either must or may not exceed.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Personal convenience service means any activity such as a barber or beauty shop, clothes cleaning pick up or pressing establishment, dressmaking or tailoring service, self-service laundry or dry cleaning, shoe repair, home appliance repair or any similar activity.

Persons with disabilities or member or members with disabilities means a person or persons having a physical or mental impairment which substantially limits one or more major life activities as defined in G.L. 1956, § 34-37-3. Disability does not include current illegal use of or addiction to a controlled substance.

Place of public assembly means any type of auditorium, theater, stadium, assembly hall, exhibition or convention hall, publicly supported and maintained sports arena, gymnasium, swimming pool and other similar place of assembly.

Planned development means a land development project as defined in this section and developed according to a plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Portable storage container means any self-storage container larger than 350 cubic feet designed for temporary storage of household goods, personal property and other items which is typically rented to owners or occupants of real property for their temporary storage use and which is delivered and/or removed by truck trailer, and which shall be no larger than 20 feet in length, eight feet in width and eight and one-half feet in height.

Preapplication conference means a review meeting of a proposed development held between applicant and reviewing agencies, as permitted by state statutes and as required by this chapter, before the formal submission of an application for a permit or for development approval.

Premises means a lot or contiguous group of lots or parcel of land, together with all buildings, structures and uses thereon.

Property owners' association means the designated, private, nonprofit corporation of tenants-in-common set up by a developer with local government approval. Its purpose shall be to own, operate, and maintain various common properties that may exist as part of a land development project, or other common property ownership covenants. Title to common property is held by the corporation. Membership runs with the land, which means that a homeowner is automatically a member of the association.

Public utility means a public service corporation, either private or governmental, supplying or transmitting gas, electricity, transportation, water or communications to any or all members of the public and subject to federal, state or city regulations by virtue of its natural or legal monopoly.

Rated nameplate capacity means the maximum rated output of electric power production of the photovoltaic system in direct current (DC).

Rear lot line. See Lot line rear.

Religious institution means any church or other place of worship, and any convent, monastery, seminary or similar religious institution.

Reserve parking area for business/technology development means a portion of a business/technology development as defined in this section, and more particularly described in section 19-370, up to a maximum of 15 percent of the total number of off-street parking spaces as required by this chapter, being held in reserve as a landscaped area under a binding covenant running with the land between the city and the property owner/developer until such time as the zoning officer and/or the property owner, in consultation with the director of planning, deems that construction of the reserve parking spaces is required.

Restaurant means a building or premises where food and beverages are served to persons inside a building, sitting down at tables or a counter with no service window or facilities for service outside the building.

Seat means space for one person to sit on.

Setback line or lines means a line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

Side lot line. See Lot line, side.

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixture or placement of a structure on any land or on any other structure or produced by painting, posting or placing any printed, pictured, figured or colored material on any building, structure or surface; provided however that signs placed or erected by the city or state for municipal or governmental purposes shall not be included in this definition.

Single ownership means an undivided ownership by one person, a corporation or by several persons, whether the tenancy be joint, in common or by entirety.

Site plan means the development plan for one or more lots on which is shown the existing and/or proposed conditions of the lot.

Solar energy device means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced for a nonrenewable resource. Such shall include photovoltaic arrays and installations that utilize ground-mounted systems.

Solid waste means garbage, refuse, and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural services but does not include hazardous waste as defined in the Hazardous Waste Management Act, chapter 19.1 of title 23 of the General Laws of the State of Rhode Island. For purposes of this chapter, solid waste shall also include asphalt, concrete, Portland cement, and waste and scrap tires.

Solid waste management facility means any plant, structure, equipment, and/or real or personal property operated for the receipt, storage, treatment, utilization, processing, or disposal of solid waste.

Special use means a regulated use which is permitted pursuant to a special use permit issued by the zoning board of review pursuant to state statutes, and which was formerly referred to as a special exception.

Stacking lane means an area of stacking spaces and driving lane provided for vehicles waiting for drive-through service, that is physically separated from other traffic and pedestrian circulation on the site.

Story means that portion of a building between the upper surface of any floor and the upper surface of any floor next above having more than one-half of its height above the average elevation of the finished lot grade adjoining the building, and any portion of a building used for human occupancy between the topmost floor and the roof. In any building not divided into customary stories, each ten feet of building height shall be counted as one story.

Street means a public way established by or maintained under public authority, a private way open for public uses and a private way plotted or laid out for ultimate public use, whether or not constructed.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. For the purpose of this chapter, such objects as bulkheads, stairs, fences, flagpoles, retaining walls, fireplaces or similar objects shall not be considered to be structures.

Substandard lot of record means any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

Three-family dwelling means a building intended and designed to be occupied by three households living independently in separate dwelling units.

Tourist home or lodginghouse means a building occupied by a resident family thereon with not less than three but not more than seven guest rooms where lodging with or without meals is provided for compensation.

Trailer, house trailer or mobile home mean a vehicle or similar portable structure without motive power to be drawn by a motor vehicle, used for living or sleeping purposes and provided with any or all of the following mechanical systems and equipment: Plumbing; heating; electrical; cooking; and refrigeration.

Trailer court, trailer park or mobile home court or park mean a parcel of land which has been planned for the placement of two or more trailers.

Trailer lot means a designated site within a trailer court for the exclusive use of the occupants of a single trailer.

Transit shelter means an independent structure, having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.

Two-family dwelling means a building used exclusively for occupancy by two households living independently of each other.

Usable lot area means, for the purpose of calculating the lot building coverage on a lot pursuant to section 19-145 and for the purpose of determining multifamily area requirements pursuant to sections 19-217 and 19-218, the calculation of the usable lot area for a single-family residential lot shall include the entire lot without exclusions, and for all other uses, shall exclude the following:

(1) Lands under water measured by city datum.

(2) Wetlands, not including setbacks, as defined by G.L. 1956, §§ 2-1-14 and 2-1-20 and G.L. 1956, § 46-23-6(B)(3)(c).

(3) All streets or rights-of-way public or private, which serve or are intended to serve more than one principal building or use. Public access areas, exclusive of those located in wetlands, which shall be conveyed by easement to the city, state or other governmental entity solely or scenic or waterfront access may be included in lot area calculations.

(4) Lands possessing physical constraints such as, but not limited to, areas with slopes in excess of 20 percent, ledge outcrops, cemeteries, etc., which, by their nature or severity, would preclude conventional development.

(5) With the exception of lands located within a portion overlay district, lands located within special flood hazard areas, as defined by the Federal Emergency Management Agency's flood insurance rate map and flood boundary and flood way map, as may be amended.

Use means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

Variance means permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building, structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance. 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.

(1) Use variance means permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.

(2) Dimensional variance means permission to depart from the dimensional requirements of this chapter 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 of the subject property unless granted the requested relief from the dimensional regulations.

Waters means the same as defined in G.L. 1956, § 46-12-1 et seq., including any subsequent amendments officially adopted.

Wetland, coastal or coastal wetland means as defined in G.L. 1956, § 2-1-14 et seq., including any subsequent amendments officially adopted.

Wetland, freshwater or freshwater wetland means as defined in G.L. 1956, § 2-1-20 et seq., including any subsequent amendments officially adopted.

Yard means an open space on the same lot with a principal building or structure located between the lot lines and the minimum setback lines which is unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

Yard, front or front yard mean a required yard extending along the entire lot street frontage.

Yard, rear or rear yard mean a required yard extending along the entire rear lot line or lines.

Yard, side or side yard mean a required yard extended along the side lot line between the required front yard and the required rear yard.

Zoning certificate means a document signed by the zoning enforcement officer, as required by this chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom.

Zoning map means the map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the city.

Zoning ordinance means an ordinance enacted by the legislative body of the city pursuant to state statutes and in the manner providing for the adoption of ordinances in the city's Charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city as defined in G.L. 1956, § 45-22.2-1 et seq., which includes a zoning map, and which complies with the provisions of state statutes.

Zoning use district means the basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: Agricultural, commercial, industrial, open space and residential. Each district may include subdistricts. Districts may be combined.

(Rev. Ords. 1987, § 19-1; Ch. 457, § I, 10-7-97; Ch. 53, §§ I, II, 2-3-99; Ch. 146, §§ I—III, 10-23-00; Ch. 154, § I, 1-16-01; Ch. 453, § I, 7-15-08; Ch. 470A, § I, 10-7-08; Ch. 489A, § I, 10-6-09; Ch. 506, §§ I, II, 7-20-10; Ch. 533, § II, 9-6-11; Ch. 642, § I, 3-15-16; Ch. 721, § I, 8-21-18)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definitions, G.L. 1956, § 45-24-31.

Sec. 19-2. Purpose.

In accordance with state statutes, the following purposes have guided the adoption of this chapter. These purposes are recognized to have equal priority and are numbered for reference only:

(1) Promote the public health, safety, and general welfare.

(2) Provide for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs.

(3) Provide for orderly growth and development which recognizes:

a. The goals and patterns of land use contained in the comprehensive plan of the city adopted and amended thereafter pursuant to G.L. 1956, § 45-22.1-1 et seq.;

b. The natural characteristics of the land including its suitability for use based on soils characteristics, topography, and susceptibility to surface water or groundwater pollution;

c. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal 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) Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

(5) Provide for the protection of the natural, historic, cultural, and scenic character of the city or town or areas therein.

(6) Provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space.

(7) 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) 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. Provide opportunities for the establishment of low and moderate income housing.

(9) Promote safety from fire, flood, and other natural or manmade disasters.

(10) Promote a high level of quality in design in the development of private and public facilities.

(11) Promote implementation of the city comprehensive plan adopted pursuant to G.L. 1956, § 45-22.2-1 et seq.

(12) Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

(13) Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.

(14) Provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits and development plan review.

(15) Provide for the creation of land development projects with a review procedure outlined in the land development and subdivision review regulations.

(16) Providing opportunities for reasonable accommodations in order to comply with the state Fair Housing Practices Act (chapter 37 of title 34), the US Fair Housing Amendments of 1988 (FHAA), the state Civil Rights of Individuals with Handicaps Act (chapter 87 of title 42), and the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. section 12101 et seq.).

(Rev. Ords. 1987, § 19-2; Ch. 198, § I, 2-19-02)

Sec. 19-3. Consistency with the comprehensive plan.

The city council shall have the power to adopt, amend or repeal and to provide for the administration, interpretation and enforcement of this zoning ordinance. The districts and regulations contained in this chapter are made in accordance with the city comprehensive plan as adopted and amended, in accordance with the state statutes. These regulations are adopted in order to implement the goals of the city comprehensive plan with regard to general land use throughout the city and suitable development. In instances of uncertainty in the construction or application of any section of this chapter, the ordinance shall be construed in a manner that will further the implementation of and not be contrary to, the goals and policies and applicable elements of such comprehensive plan.

(Rev. Ords. 1987, § 19-3)

Sec. 19-4. Compliance with this chapter.

All buildings or structures hereafter erected, reconstructed, altered, enlarged or moved and all uses of premises or land in the city shall be in conformity with the provisions of this chapter, and no building, structure, premises or land shall be used for any purpose or in any manner other than what is permitted in the district in which such building, structure, premises, use or land is located except as hereinafter provided. Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited.

(Rev. Ords. 1987, § 19-4)

ARTICLE II. ADMINISTRATION ^[2]

DIVISION 1. - GENERALLY

DIVISION 2. - BOARD OF REVIEW

DIVISION 3. - PERMITS

DIVISION 4. - ADOPTION, AMENDMENT OR REPEAL

DIVISION 1. GENERALLY

Sec. 19-5. Zoning officer responsibilities.

Sec. 19-6. Publication and availability of the zoning ordinance and zoning map.

Sec. 19-7. Maintenance of the zoning ordinance and zoning map.

Sec. 19-8. Conflict.

Sec. 19-9. Annual review.

Sec. 19-10. Penalty for violations.

Sec. 19-11. Participation in a zoning hearing.

Sec. 19-12. Extension of deadlines by consent.

Sec. 19-13. Special conditions.

Sec. 19-14. Setting fees.

Sec. 19-15. Coordination with contiguous communities.

Sec. 19-16. Vested rights.

Secs. 19-17—19-35. Reserved.

Sec. 19-5. Zoning officer responsibilities.

(a) The provisions of this chapter shall be enforced by the zoning officer, unless otherwise specified, who shall be appointed by the city manager. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the zoning officer.

(b) The zoning officer shall:

(1) Issue zoning certificates and zoning permits;

(2) Review and approve for zoning compliance, building permits and certificates of occupancy;

(3) Collect required fees for variances, modifications (which shall be the same filing fee as variance petitions), special use permits, and appeal applications;

(4) Receive and review for proper form, all applications for variances, special use permits, and appeals, and shall have authority to administratively approve modifications from the dimensional standards of section 19-145 for structures, except for maximum height of building (story and feet), provided the deviation is not more ten percent, and further provided that the zoning officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Should written objection be received by the zoning officer or if the zoning officer cannot make the required determinations of section 19-45(c), the application shall be considered a variance request, which may only be granted by the zoning board of review through the standard procedures for variances in Chapter 19, Zoning;

(5) Transmit all applications to the zoning board of review, department of planning and urban development, and planning board as specified in this chapter;

(6) Prepare the calendar of the zoning board of review in compliance with the board's adopted rules of procedure, and include notice of any modifications granted on the agendas of the zoning board of review;

(7) Keep records on compliance of uses of land;

(8) Inspect suspected violations and issue violation notices in cooperation with the law department.

(9) The zoning officer shall require that declarations and restrictions of approved accessory family dwelling units for a family member or members of an owner-occupied one-family dwelling shall be:

a. Recorded in the land evidence records at the cost of the applicant; and

b. Be filed with the zoning enforcement officer and the building official.

(c) Upon written request the zoning officer shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the zoning officer on issues of compliance, applicability and interpretation of this chapter. This response must be issued within 15 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

(d) When in the opinion of the zoning officer it is necessary or when required by this chapter, the zoning officer shall seek technical assistance or approval from other city officials in the administration of this chapter. Such technical assistance or approval, unless otherwise specified, may serve in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this chapter shall be deemed null and void.

(e) Actions and decisions of the zoning officer may be appealed to the zoning board of review in accordance with section 19-51.

(f) Minimum qualifications for the zoning officer shall include: Graduation from a recognized college or university with a bachelor's degree in planning or closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a masters degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.

(Rev. Ords. 1987, § 19-5; Ch. 470A, § II, 10-7-08; Ch. 506, § III, 7-20-10)

Sec. 19-6. Publication and availability of the zoning ordinance and zoning map.

(a) Printed copies of this chapter and zoning map of the city shall be available to the general public and shall be revised to include all amendments as set out in sections 19-71 through 19-77. A reasonable charge shall be made for copies to reflect printing and distribution costs. The city clerk shall be responsible for providing these copies and collecting fees.

(b) Upon publication of a zoning ordinance and zoning map and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the state, and the state law library.

(Rev. Ords. 1987, § 19-6)

Sec. 19-7. Maintenance of the zoning ordinance and zoning map.

(a) The city clerk shall be the custodian of the zoning ordinance and zoning map created thereunder. In addition the city clerk shall be responsible for maintaining and updating the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes and changes to the text shall be included in the zoning ordinance within 30 days of such authorized changes.

(b) In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the zoning map until the zone change has become effective.

(c) It shall be the responsibility of the city clerk to receive, in proper form, petitions for amendments or repeals to the zoning ordinance and/or amendments to the zoning map as outlined in section 19-72. The city clerk shall collect the required fees for such petitions as set by the city council.

(d) Minimum qualifications of the city clerk shall be as set out in section 2-16 of the Charter.

(Rev. Ords. 1987, § 19-7)

Sec. 19-8. Conflict.

(a) This chapter shall not repeal, annul or impair any existing provisions of law, this chapter, other ordinances or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, wherever the terms of this chapter require a greater width or size of yards or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other higher standards than are required in this chapter, the provisions of such statute, ordinance or regulation shall govern.

(b) All variances and exceptions heretofore granted by the zoning board of review, and approvals by other zoning enforcement bodies, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board or other zoning enforcement agency shall remain in effect and be binding to the same extent as if this chapter had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and for the prosecution of any violations heretofore commenced.

(Rev. Ords. 1987, § 19-8(a), (b))

Sec. 19-9. Annual review.

The provisions of this chapter shall be reviewed annually after public notice by the planning board for the purpose of considering proposed amendments deemed appropriate in the light of changing conditions or policies. After such annual review the planning board shall make a written report to the city council advising the council of its review and transmitting recommendations the planning board may have, if any, regarding the provisions of this chapter. In addition whenever the city comprehensive plan is amended, the planning board shall identify any changes necessary to the zoning ordinance, to ensure consistency and forward these changes to the city council.

(Rev. Ords. 1987, § 19-9)

Sec. 19-10. Penalty for violations.

(a) Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the zoning board of review, city council, zoning officer, or technical review committee shall be fined not exceeding $500.00 for each offense, such fine to inure to the city, and each day that such violation shall continue shall be deemed to constitute a separate offense. The penalty shall be reasonably related to the seriousness of the offense.

(b) The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The city solicitor shall institute appropriate legal action to redress such violations.

(c) The city may also cause suit to be brought in the supreme court or superior court, or any municipal court including a municipal housing court having jurisdiction in the name of the city, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The city may consolidate an action for injunctive relief and/or fines under this chapter in the superior court of the county.

(Rev. Ords. 1987, § 19-10)

Sec. 19-11. Participation in a zoning hearing.

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-11)

Sec. 19-12. Extension of deadlines by consent.

The provisions of this chapter pertaining to decision deadlines, shall not be construed to apply to any extension for good cause, consented to by an applicant.

(Rev. Ords. 1987, § 19-12)

Sec. 19-13. Special conditions.

In making any determination upon which it is required to pass after public hearing under this chapter, the zoning board of review or other zoning enforcement agency may apply such special conditions that may in the opinion of the board or agency, be required to promote the intent and purposes of the city comprehensive plan and this chapter. 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:

(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

(2) Controlling the sequence of development, including when it must be commenced and completed;

(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4) Assuring satisfactory installation and maintenance of required public improvements;

(5) Designating the exact location and nature of development; and

(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

(Rev. Ords. 1987, § 19-13)

Sec. 19-14. Setting fees.

The city council shall set a fee schedule for the applications contained within this chapter to cover the costs associated with the review, hearing, notice and recording fees. These fees shall be reviewed at a minimum on an annual basis and not more than a quarterly basis. It shall be the responsibility of the city clerk to ensure fees are reviewed in accordance with this schedule.

Fees as set by the city council are contained in appendix A, land use and development fees, on file in the office of the city clerk.

(Rev. Ords. 1987, § 19-14; Ch. 198, § II, 2-19-02)

Sec. 19-15. Coordination with contiguous communities.

It is the intention of this chapter to facilitate coordination with contiguous municipalities and state agencies with regard to land use decisions which may affect shared resources and facilities, abutting property, and the greater public good. This coordination shall be carried out by assuring this chapter is consistent with the city comprehensive plan and any amendments thereto, which is reviewed by other municipalities and state agencies, and notifying, in accordance with state statutes, property owners, water resource boards, and/or city or town governing bodies of pending variance and special use applications or zoning map amendment petitions, and associated public hearings. Notices of proposals in neighboring communities or by state agencies, shall be forwarded to the department of planning and urban development for their review and when concerns exist with regard to consistency with the objectives of the city comprehensive plan, comments shall be prepared and forwarded to the agency submitting notice.

(Rev. Ords. 1987, § 19-15)

Sec. 19-16. Vested rights.

(a) Any application for development under this chapter, including an application for a special use permit, variance, or development plan review, shall be considered vested when the submitted application is deemed to be substantially complete by the proper administration and/or official designated to receive such applications. An application shall include all required forms, plans, supporting documentation, and required fees. Any application considered by the city under the provisions of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was deemed substantially complete.

(b) If an application for development under the provisions of this section is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of the zoning ordinance.

(c) Failure to initiate development of the property prior to the time limit established at approval, shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval, shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate sections of the zoning ordinance.

(Rev. Ords. 1987, § 19-16)

Secs. 19-17—19-35. Reserved.

DIVISION 2. BOARD OF REVIEW ^[3]

Sec. 19-36. Membership.

Sec. 19-37. Organization.

Sec. 19-38. Powers.

Sec. 19-39. Special use permit—Findings required.

Sec. 19-40. Same—Intent and eligibility.

Sec. 19-41. Same—Application process.

Sec. 19-42. Same—Review process.

Sec. 19-43. Same—Determination.

Sec. 19-44. Same—General conditions.

Sec. 19-45. Variances—Findings required.

Sec. 19-46. Same—Intent and eligibility.

Sec. 19-47. Same—Application process.

Sec. 19-48. Same—Review process.

Sec. 19-49. Same—Determination.

Sec. 19-50. Same—General conditions.

Sec. 19-51. Appeal to zoning board of review—Intent and eligibility.

Sec. 19-52. Same—Appeal application process.

Sec. 19-53. Same—Stay of proceedings.

Sec. 19-54. Same—Review and determination.

Sec. 19-55. Same—General conditions.

Sec. 19-36. Membership.

(a) There shall be a zoning board of review which shall consist of five members each to hold office for a term of five years. The four members of the city council who are elected by ward shall each appoint one qualified elector of the city from their ward to the zoning board of review subject to approval by a majority of the council; the remaining at large member of the council shall appoint one qualified elector from the city to the zoning board of review subject to approval by a majority of the council. Immediately after any selection of a member of the board, the city council shall designate a member of the board to be chair.

The initial appointments for the members of the zoning board of review shall be made in the following order on the following dates: Ward 2—June 1, 1993; Ward 3—June 1, 1994; Ward 1—June 1, 1995; Ward 4—June 1, 1996; at large member—June 1, 1997. Each member shall continue in office until his successor has been duly appointed and qualified. In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointee shall serve for and during the unexpired term of his predecessor.

(b) Any member of the board may be removed by the city council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:

(1) Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board;

(2) Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.

(c) In addition to the five standing members, the mayor shall appoint two alternates to be designated as the first and second alternate members. Alternates shall not reside in the same ward. The first alternate shall serve for a term of five years and the second alternate for a term of four years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The initial appointment of the first and second alternate members to the zoning board of review by the mayor shall be made on June 1, 1994. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.

(Rev. Ords. 1987, § 19-36)

Sec. 19-37. Organization.

(a) Once each year the zoning board of review shall organize by electing from its membership a vice-chair, and secretary. The zoning officer may serve as clerk of the board and shall perform such duties as are provided by this chapter. Meetings of the board shall be held at the call of the chair or as may be fixed by the board. The chair, or in his absence the vice-chair, may administer oaths and compel the attendance of witnesses by the issuance of subpoena.

(b) The zoning board of review shall adopt written rules of procedure within six months of the adoption of this chapter.

(c) All hearings and meetings of the board shall be open to the public. All decisions shall be made and voted upon at a public hearing. A quorum of five active members is required to conduct a hearing. Only five active members shall be entitled to vote on any issue.

(d) No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter.

(e) The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of the zoning officer or other enforcement body established in this chapter.

(f) The concurring vote of four members shall be required to decide in favor of an applicant on any matter concerning a special use permit or variance upon which the zoning board of review is required to pass under this chapter.

(g) No member of the board shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself and shall not sit as an active member and shall take no part in the conduct of the hearing.

(h) For any proceeding in which the right of appeal lies to the superior court or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

(i) The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board of review and shall be a public record.

(j) Any decision by the zoning board of review, including any special conditions attached thereto shall be mailed to the applicant, and to the associate director of the division of planning of the state department of administration. In addition a copy of the decision shall be sent to the office of the zoning officer.

(k) All decisions of the zoning board of review shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(l) Members of the zoning board of review shall receive remuneration for their service on the board, as established by the city council.

(Rev. Ords. 1987, § 19-37)

Sec. 19-38. Powers.

(a) The zoning board of review shall have the following powers and duties:

(1) To hear and decide appeals in a timely fashion 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 to this chapter.

(2) To hear and decide appeals from any decision or determination made by the administrative officer or planning board in accordance with G.L. 1956, § 45-23-1 et seq. and the development and subdivision review regulations adopted by the city planning board.

(3) To authorize upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to the state statutes and section 19-40.

(4) To authorize upon application, in specific cases special use permits, pursuant to the general laws of state and section 19-39.

(5) To refer matters to the planning board or to other boards or agencies of the city as the zoning board of review may deem appropriate, for findings and recommendations.

(6) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.

(7) To hear and decide such other matters, according to the terms of this article or other statutes, and upon which such board may be authorized to pass under this chapter or other statutes.

(b) Appeals of zoning board of review decisions shall be as follows:

(1) An aggrieved party may appeal a decision of the zoning board of review to the superior court for the county by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the city clerk. The decision shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant such original applicant or appellant and the members of the zoning board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

(2) When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision of the zoning board of review recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-38)

State Law reference— Powers and duties of zoning board of review, G.L. 1956, § 45-24-57 et seq.

Sec. 19-39. Special use permit—Findings required.

(a) In granting a special use permit, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings. The special use permit shall:

(1) Be compatible with neighboring land uses;

(2) Not create a nuisance in the neighborhood;

(3) Not hinder the future development of the city;

(4) Conform to all applicable sections of this chapter; and

(5) Be in conformance with the purposes and intent of the city comprehensive plan and applicable standards of this chapter.

(b) In granting a special use permit, the zoning board of review may apply such special conditions as provided for in section 19-13.

(Rev. Ords. 1987, § 19-39)

Sec. 19-40. Same—Intent and eligibility.

Within the city generally and in particular some zoning districts, certain uses are specified in the schedule of use, section 19-98 as allowed by special use permit only. These uses are of a nature requiring review, in accordance with the state statutes, to determine whether they should be permitted in specific locations; if they meet special conditions and safeguards; and what additional conditions may be required if permission is granted.

(Rev. Ords. 1987, § 19-40)

Sec. 19-41. Same—Application process.

Applications for special use permits shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. Fifteen complete copies of the application must be submitted. The application shall include:

(1) A completed special use permit form indicating the special use permit sought, the grounds for the permit, and information on the scale and size of the proposed use as applicable.

(2) Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property, and as shown on the current real estate tax assessment records of the city or town in which the property is located.

(3) A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

a. The shape, dimension and area of the subject property;

b. The location size and use of all existing and proposed structures;

c. The zoning use district boundaries;

d. The street number and assessor's lot numbers;

e. Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair of the zoning board of review; and

f. Such other information as may be necessary for the execution and enforcement of this chapter.

(4) Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

(5) An accurate radius map drawn at a scale of one inch equals 100 feet (or as appropriate one inch equals 50 feet or one inch equals 40 feet) which includes:

a. A title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; and north arrow;

b. For all property within a 200-foot radius as measured from the perimeter of the subject property:

1. The shape, dimension and area of property;

2. The location of all zoning use district boundary lines; and

3. The street numbers and assessor's lot numbers;

4. The general location, shape and use of all existing buildings and structures; and

5. Such other information as may be necessary for the execution and enforcement of this chapter.

(6) The application fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.

(Rev. Ords. 1987, § 19-41; Ch. 642, § II, 3-15-16)

Sec. 19-42. Same—Review process.

(a) Upon receipt of a special use permit application, in proper form, the zoning officer shall refer a copy to the department of planning and urban development in its capacity as staff to the planning board, for an advisory opinion. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter.

(b) The zoning officer may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public safety, health and welfare.

(c) The board shall fix a reasonable time not to exceed 30 days for a public hearing on a special use permit application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

(1) Published at least 14 days prior to the date of such hearing in a newspaper of general circulation in the city;

(2) Sent by first class mail to the applicant;

(3) Sent registered or certified mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located;

(4) Sent by first class mail to the city or town council of any city or town which is located at or within 200 feet of the boundary of the subject area;

(5) Sent first class mail to the city or town council of any city or town 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, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;

(6) 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 at or 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 building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.

(Rev. Ords. 1987, § 19-42)

Sec. 19-43. Same—Determination.

(a) Any party may appear at the hearing in person, or by agent or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the board shall be made and voted upon at a public meeting. The board shall hear all evidence on the special use permit request; and consider the written reports of city staff when reaching a decision on the findings required by section 19-39.

(b) Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-43)

Sec. 19-44. Same—General conditions.

(a) The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk in the land evidence records of the city, decisions on special use permits. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(b) Any special use permit granted by the zoning board of review shall expire within six months from the date of its issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

(c) No application for a special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.

(d) If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

(e) Any aggrieved party may appeal decisions of the zoning board of review to the superior court for the county in accordance with subsection 19-38(b).

(f) All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(Rev. Ords. 1987, § 19-44)

Sec. 19-45. Variances—Findings required.

(a) In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings that:

(1) 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 not due to a physical or economic disability of the applicant excepting those physical disabilities addressed in Rhode Island General Laws 45-24-30(16) (personal hardship shall not be considered grounds for a variance, since the variance will continue to affect the character of the neighborhood after title to the property has passed);

(2) Such 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;

(3) The granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the city comprehensive plan upon which this chapter is based; and

(4) The relief to be granted is the least relief necessary.

(b) The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

(1) 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 this chapter. 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; and

(2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. 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.

(c) Modifications permitted by zoning officer. The zoning officer shall have authority to administratively approve modifications from the literal dimensional requirements of section 19-145 in the instance of the construction, alteration, or structural modification of a structure, except for maximum height of building (story and feet), provided the deviation is no more ten percent. Within ten days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:

(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 is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance; and

(4) The modification does not require a variance of a flood hazard requirement.

Upon an affirmative determination, the zoning officer shall notify, by registered or certified 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 general circulation within the city or town that the modification will be granted unless written objection is received within 30 days of the public notice. If written objection is received within 30 days, the request for a modification shall be denied and shall be considered a variance request, which may only be granted by the zoning board of review through the standard procedures for variances in Chapter 19, Zoning. The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(d) In granting a variance the zoning board of review may apply special conditions as provided for in section 19-13.

(Rev. Ords. 1987, § 19-45; Ch. 216, § I, 6-18-02; Ch. 470A, § III, 10-7-08)

Sec. 19-46. Same—Intent and eligibility.

Any person, group, agency or corporation may apply for relief from the literal requirements of this chapter, which is not contrary to the public interest, in instances where owing to special conditions of the parcel, a strict application of this chapter results in unnecessary and undue hardship. Two types of variances are allowed: Dimensional variance and use variance. Both variance applications follow the same procedure, while the standards of findings differ as noted in section 19-45.

(Rev. Ords. 1987, § 19-46)

Sec. 19-47. Same—Application process.

Applications for variances shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. Fifteen complete copies of the application must be submitted. The application shall include:

(1) A completed variance form indicating the variance sought and the grounds for the variance;

(2) Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the city or town in which the property is located;

(3) A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

a. The shape, dimension and area of the subject property;

b. The location, size and use of all existing and proposed structures;

c. The zoning use district boundaries;

d. The street number and assessor's lot numbers;

e. Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair of the zoning board of review; and

f. Such other information as may be necessary for the execution and enforcement of this chapter.

(4) Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

(5) An accurate radius map drawn at a scale of one inch equals 100 feet (or as appropriate one inch equals 50 feet or one inch equals 40 feet) which includes:

a. A title block in the lower righthand corner showing names of the property owners; map, block, parcel of the subject property; date of plan and north arrow;

b. For all property within a 200-foot radius as measured from the perimeter of the subject property:

1. The shape, dimension and area of the property;

2. The location of all zoning use district boundary lines; and

3. The street numbers and assessor's lot numbers.

c. In the case of a dimensional variance, the general location, shape and use of all existing buildings and structures within a 100-foot radius of the subject property;

d. In the case of a use variance, the general location, shape and use of all existing buildings and structures within a 200-foot radius of the subject property; and

e. Such other information as may be necessary for the execution and enforcement of this chapter.

(6) The application fee as set by the city council, to cover the costs associated with review, hearing, notice and recording fees.

(Rev. Ords. 1987, § 19-47; Ch. 642, § III, 3-15-16)

Sec. 19-48. Same—Review process.

(a) Upon receipt of a variance application, in proper form, the zoning officer shall refer a copy to the zoning board of review and the department of planning and urban development acting in its capacity as staff to the planning board. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter.

(b) The zoning officer may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public health, safety and welfare.

(c) The board shall fix a reasonable time not to exceed 30 days for a public hearing on a variance application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

(1) Published at least 14 days prior to the date of such hearing in a newspaper of general circulation in the city;

(2) Sent by first class mail to the applicant;

(3) Sent registered or certified mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located;

(4) Sent by first class mail to the city or town council of any city or town which is located at or within 200 feet of the perimeter of the subject area;

(5) Sent by first class mail to the city or town council of any city or town 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, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;

(6) 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 at or 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 building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.

(Rev. Ords. 1987, § 19-48)

Sec. 19-49. Same—Determination.

(a) Any party may appear at the hearing in person, or by agent or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the zoning board of review shall be made and voted upon at a public meeting. The board shall hear all evidence on the variance request, and consider the written reports of city staff when reaching a decision on the findings required by section 19-45.

(b) Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-49)

Sec. 19-50. Same—General conditions.

(a) The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk, in the land evidence records of the city, all decisions on variance applications. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(b) Any variance granted by the zoning board of review shall expire within six months from the date of the issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

(c) No application for a variance involving the same parcel and same request, which was denied or withdrawn may be resubmitted for a variance for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a variance application.

(d) If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

(e) Any aggrieved party may appeal decisions of the zoning board of review to the superior court for the county in accordance with subsection 19-38(b).

(f) All work approved by the issuance of a variance shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(g) Granting of a variance does not eliminate the requirement to obtain a building permit. The applicant is responsible for obtaining a building permit through the Department of Public Works, Building Inspection Division.

(Rev. Ords. 1987, § 19-50; Ch. 53, § III, 2-3-99)

Sec. 19-51. Appeal to zoning board of review—Intent and eligibility.

An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. Such appeal shall be taken within 30 days of the recording of the decision by the zoning officer or agency.

(Rev. Ords. 1987, § 19-51)

Sec. 19-52. Same—Appeal application process.

(a) Application for an appeal from a decision of the zoning officer or any other zoning enforcement agency, shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. The application shall include:

(1) A completed appeal form indicating the grounds for the appeal.

(2) An accurate radius map drawn at a scale of one inch equals 100 feet (or as appropriate one inch equals 50 feet or one inch equals 40 feet) which includes the map, block, and parcel of all property within a 200-foot radius of the subject property as measured from the perimeter of the subject property;

(3) The names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the city or town in which the property is located; and

(4) The fee as set by the city council to cover costs associated with the review, hearing and notice to be paid by the applicant.

(b) The officer or agency from whom the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(Rev. Ords. 1987, § 19-52)

Sec. 19-53. Same—Stay of proceedings.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning officer or agency from whom the appeal is taken certifies to the zoning board of review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

(Rev. Ords. 1987, § 19-53)

Sec. 19-54. Same—Review and determination.

(a) The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties of interest. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be sent by registered or certified mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area. Such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located.

(b) The zoning board of review shall make a decision within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(c) In exercising its powers, the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken; and may apply special conditions as provided for in section 19-13 of this chapter.

(d) The zoning board of review shall include in its decision all findings of fact and conditions showing the vote of each member participating thereon, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within 30 days from the date the decision was rendered, and shall be a public record. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(e) When an appeal results in a decision by the zoning board of review which overturns a decision of another zoning enforcement agency or the zoning officer, recorded in the city land evidence records, the zoning officer as clerk for the board shall record notice of the board's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-54)

Sec. 19-55. Same—General conditions.

(a) An appeal from a decision of the zoning board of review may be taken by an aggrieved party to the superior court for the county, in accordance with subsection 19-38(b).

(b) Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-55)

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Cross reference— Boards, committees and commissions, § 2-36 et seq. (Back)

State Law reference— Zoning board of review, G.L. 1956, § 45-24-56 et seq. (Back)

DIVISION 3. PERMITS

Sec. 19-56. Zoning permit.

Sec. 19-57. Occupancy permit.

Secs. 19-58—19-70. Reserved.

Sec. 19-56. Zoning permit.

(a) No building or structure shall be erected, extended, altered, enlarged or moved, and no use of any land or premises shall be begun or changed without a zoning permit having been issued by the zoning officer. Whenever a permit or license is issued by any other department of the city, such permit or license shall be in conformity with the provisions of this chapter. Any application for such a permit shall be accompanied by a site plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of such building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities where required, the location and design of trash storage areas and enclosures, including dumpsters, in conformance with the provisions of section 19-261; and such other information as may be necessary to provide the execution and enforcement of this chapter. The zoning permit shall be issued on the basis of the application and accompanying plans, where required, and shall authorize only the use, arrangement and construction set forth in approved plans and applications. Any use, arrangement or construction at variance with that authorized under this chapter shall be deemed in violation of this chapter.

(b) No site plan shall be required with an application for such a permit involving only alterations of an existing building where the use and exterior surfaces of such buildings are not changed or enlarged in any manner and the use is not affected by any other section of this chapter.

(c) A record of all applications, plans and permits shall be kept on file in the office of the zoning officer and shall be available for public inspection during regular office hours.

(d) In addition, the zoning officer may require the submission of plans of any proposed machinery, operations and products and specifications for the mechanisms and techniques to be used for the purpose of restricting the emission of dangerous and objectionable elements referred to in section 19-336. An affidavit may be required from the applicant acknowledging his understanding of the applicable performance standards in section 19-336 and his agreement to conform with such standards at all times. No applicant will be required to divulge confidential processes, and all information submitted will be treated confidentially if requested.

(e) In areas of special flood hazard as delineated on the flood maps defined in section 19-1, a zoning permit shall be required for any land preparation, excavation, grading, filling or removal of earth for any purpose.

(f) The zoning officer shall require that a declaration of the accessory family dwelling unit and restrictions for a family member or members of an owner-occupied one-family dwelling shall be:

(1) Recorded in the land evidence records at the cost of the applicant; and

(2) Be filed with the zoning enforcement officer and the building official.

(Rev. Ords. 1987, § 19-56; Ch. 506, § IV, 7-20-10)

Cross reference— Accessory family dwelling units, § 19-202.

Sec. 19-57. Occupancy permit.

(a) An occupancy permit shall be required for any of the following:

(1) Occupancy and use of a building or structure hereafter erected, extended, altered, enlarged or moved;

(2) Change in use of an existing building, structure or premises to a use of a different classification;

(3) Occupancy and use of vacant land except for farming;

(4) Change in use of land to a use of a different classification other than farming;

(5) Any change in use of a nonconforming use.

(6) a. No occupancy of the accessory family dwelling unit shall take place without an occupancy permit that has been reviewed and approved by the zoning officer in advance of its issuance. No occupancy permit shall be granted for an accessory family dwelling unit until it is a permitted accessory use and a declaration of the accessory family dwelling unit for the family member or members and its restrictions shall be recorded in the city's land evidence records at the cost of the applicant and filed with the zoning officer and the building official.

b. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, the new owner of the single-family dwelling shall submit an affidavit to the zoning officer attesting to the fact that the circumstances under which the occupancy permit were granted will continue to exist. The owner of record of the subject real property is responsible for initiating each application to the zoning officer. Appropriate fees as established and posted shall be assessed for each such renewal.

(b) No such occupancy, use or change of use shall take place without the issuance of an occupancy permit approved by the zoning officer. The permit shall not be issued until the building, structure, premises or land, its uses and the uses incidental thereto have been inspected and approved by the zoning officer and, if required, a business registration certificate has been secured from the city clerk's office. A record of all occupancy permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.

(Rev. Ords. 1987, § 19-57; Ch. 506, § V, 7-20-10)

Cross reference— Accessory family dwelling units, § 19-202.

Secs. 19-58—19-70. Reserved.

DIVISION 4. ADOPTION, AMENDMENT OR REPEAL

Sec. 19-71. Consent and eligibility.

Sec. 19-72. Petition requirements.

Sec. 19-73. Review process.

Sec. 19-74. Notification.

Sec. 19-75. Determination.

Sec. 19-76. General conditions.

Sec. 19-77. Appeals.

Secs. 19-78—19-94. Reserved.

Sec. 19-71. Consent and eligibility.

(a) To be effective, this chapter must be amendable. Such changes may include deleting requirements which are obsolete, adjusting requirements which are inadequate or adding requirements based on advances in knowledge. Petitions for amendment or repeal of this chapter may come from the city council on its own motion or the planning board or on petition to the city council, filed in the office of the city clerk, by any person or group of persons desiring such amendment. Action may include the adoption of a new zoning ordinance.

(b) Amendments/repeals may be to ordinance language alone, the zoning map alone or a combination of the language and map.

(Rev. Ords. 1987, § 19-71)

Sec. 19-72. Petition requirements.

(a) Petition forms for ordinance amendments/repeals shall be filed with the city clerk and include:

(1) The section/or subject area that is the subject of the petition;

(2) The intention of the proposed amendment/repeal;

(3) The relation of the proposed action to the city comprehensive plan; and

(4) Filing fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.

(b) In addition, if the amendment/repeal seeks a change in the zoning map, the petition shall be accompanied by:

(1) Eleven copies of an accurately drawn radius map drawn at a scale of one inch equals 100 feet (or as appropriate one inch equals 50 feet or one inch equals 40 feet) which includes:

a. A title block in the lower righthand corner showing names of the property owners; map, block, parcel of the subject property; date of plan and north arrow;

b. For all property within a 200-foot radius as measured from the perimeter of the subject property:

1. The shape, dimension and area of property;

2. The location of all zoning use district boundary lines;

3. The street numbers and assessor's lot numbers;

4. The general location, shape and use of all existing buildings and structures; and

c. Such other information as may be necessary for the execution and enforcement of this chapter.

(2) A listing of names and addresses of all owners of real property located at or within a 200-foot radius of the perimeter of the property, as measured from the corners of the property, and as shown on the current real estate tax assessment record of the city or town in which the property is located.

(Rev. Ords. 1987, § 19-72)

Sec. 19-73. Review process.

(a) Upon receipt of a petition to amend/repeal this chapter, or adopt a new zoning ordinance, the city clerk shall transmit a copy of such petition to the city council and to the planning board for study and recommendation. The planning board shall in turn notify and seek the advice of the department of planning and urban development. The department of planning and urban development shall review and make a written recommendation which outlines the petition's affect upon the city comprehensive plan or any portion thereof and indicates whether or not a comprehensive plan amendment would be necessary in order to grant the petition. The planning board shall consider the department of planning and urban development's recommendation and prepare a written report to the city council within 45 days of receipt of the proposal. This report shall include:

(1) A statement on the general consistency of the proposal with the city comprehensive plan, including the goals and policies statement, the implementation program and all other applicable elements of the city comprehensive plan;

(2) A demonstration of recognition and consideration of each of the applicable purposes of zoning as listed in section 19-2; and

(3) A statement indicating whether or not a comprehensive plan amendment would be necessary in order to grant the petition.

(b) Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is initiated by the planning board the requirement for study by such board may be waived provided the proposal by the planning board include a report which includes the findings and recommendations as required above.

(Rev. Ords. 1987, § 19-73)

Sec. 19-74. Notification.

The city council shall hold a public hearing within 65 days of receipt of the petition. Opportunity shall be given to all persons interested to be heard upon the matter of the proposed amendment/repeal. Notification for this public hearing shall include:

(1) Publication of notice in a newspaper of general circulation within the city at least once each week for three successive weeks prior to the date of such hearing, (which may include the week in which the hearing is to be held). Such newspaper notice 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 shall:

a. Specify the place of such hearing and the date and time of its commencement;

b. Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

c. Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;

e. 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 and that any such alteration or amendment must be presented for comment in the course of such hearing; and

f. In the case of a proposed amendment which includes a specific change in a zoning district map, but does not affect districts generally, the newspaper notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city and town boundaries where appropriate.

(2) Written notice which may be a copy of such newspaper notice (but at a minimum contains all the same information) shall be mailed at least two weeks prior to the hearing, to the associate director of the division of planning of the state department of administration.

(3) Written notice which may be a copy of such newspaper notice (but at a minimum contains all the same information) shall be mailed at least two weeks prior to the hearing to any of the following which is applicable:

a. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, notice shall be sent to all owners of real property whose property is located at or within 200 feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city or town. Such notice shall be sent by registered or certified mail to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located. This notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city town boundaries where appropriate.

b. To the city or town council of any city or town which is located at or within 200 feet of the perimeter of the area proposed for change.

c. To the city or town council of any city or town 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, at or within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

d. 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 at or 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 a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.

(4) The city clerk shall also give notice by first class mail to the petitioners of the date of the second reading and hearing for final passage of the ordinance.

(Rev. Ords. 1987, § 19-74)

Sec. 19-75. Determination.

The city council shall consider the recommendation of the planning board, the city comprehensive plan, the concerns expressed at the public hearing, and the public interest, in making a determination on the petition. Any alteration or amendment to the petition, which will be voted on prior to the close of the public hearing, must be presented for comment in the course of such hearing.

(Rev. Ords. 1987, § 19-75)

Sec. 19-76. General conditions.

(a) Defect. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

(b) Repetitive petitions. No petition involving the same lot or parcel of land or any part thereof including a request for different zoning classification than requested in initial petition for an amendment to this chapter or zoning map, shall be accepted by the city clerk, if a petition requesting an amendment, for the same lot or parcel of land or any part thereof has been denied or the petitioner withdrew such petition within the preceding 18 months. However, such a petition may be accepted at any time with the consent of the city council if in the opinion of the council it sets forth facts indicating a substantial change of circumstances justifying a hearing on the petition.

(c) Limitations, conditions and restrictions. In granting an amendment to the zoning map the city council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:

(1) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;

(2) Relating to the effectiveness or continued effectiveness of the zoning change; and/or

(3) Relating to the use of the land as it deems necessary.

The city clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the city council may, after a public hearing as set forth in this division, change the land to its original zoning use before such petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

(d) Comprehensive plan amendment. Where a proposed change requires an amendment to the comprehensive plan, the city council shall approve such amendment to the comprehensive plan prior to granting the petition following the requirements of the state statutes. A condition of the approval of the petition, however, shall be that the comprehensive plan amendment receive approval from the state director of administration in accordance with the state statutes.

(e) Copies of amendment to be sent to state. Upon adoption of a zoning ordinance, and zoning map, and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the state, and the state law library.

(Rev. Ords. 1987, § 19-76)

Sec. 19-77. Appeals.

(a) An appeal of an amendment to this chapter may be taken to the superior court for the county by filing a complaint as set forth in this division within 30 days after such enactment, or amendment has become effective. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(b) The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.

(c) When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-77)

Secs. 19-78—19-94. Reserved.

ARTICLE III. DISTRICT REGULATIONS

Sec. 19-95. Districts designated.

Sec. 19-96. Prohibited uses.

Sec. 19-97. Determination of boundaries.

Sec. 19-98. Schedule of use regulations.

Sec. 19-99. Floating zone districts; purpose and objectives.

Sec. 19-100. Types of floating zone districts.

Sec. 19-101. Application process and unified review.

Sec. 19-102. Phased development or expanded development.

Secs. 19-103—19-115. Reserved.

Sec. 19-95. Districts designated.

(a) Districts generally. For the purposes of this chapter, the city is divided into districts as shown on the zoning map entitled "Zoning Map of the City of East Providence," dated the effective date of this chapter, filed with the city clerk and hereby declared to be a part of this chapter. The districts, their abbreviations and common names are designated as follows:

(b) Mixed use floating zone district. The mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

(c) Cluster floating zone district. The cluster floating zone district may amend any residential zone which permits clustering of residential units, with the goal of preserving open space; see further definition in section 19-364.

(d) Business technology floating zone district. The business/technology floating zone district may amend the C-1, C-4, I-1, I-2 and I-3 zoning districts only with the goal of permitting business/technology developments; see further definition in section 19-364.

(e) C-2 neighborhood business district. The C-2 neighborhood business district is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

(f) Main Street and Neighborhood Center Overlay. The Main Street and Neighborhood Center Overlay District as included in section 19-322 of chapter 19, zoning is supplemental to any C-1, C-2, C-3, and TA (Taunton Avenue Waterfront) uses allowed by right or special use permit in section 19-98, schedule of use regulations of chapter 19, zoning, or generally by chapter 19, zoning, and as shown on the Zoning Overlay Map for the district. For all the existing uses on parcels within this district, the uses may continue and any new development or redevelopment may occur as is currently allowed within the zoning district in which a parcel(s) is located or under the provisions of section 19-322, Main Street and Neighborhood Center Overlay District.

(Rev. Ords. 1987, § 19-96; Ch. 457, § II, 10-7-97; Ch. 146, § IV, 10-23-00; Ch. 453, § II, 7-15-08; Ch. 470A, § IV, 10-7-08; Ch. 506, § VI, 7-20-10; Ch. 642, § IV, 3-15-16; Ch. 721, § II, 8-21-18)

Editor's note— Ch. 146, § IV, adopted Oct. 23, 2000, renumbered § 19-96 as new § 19-95.

Sec. 19-96. Prohibited uses.

The following are prohibited uses and activities, whether principal or accessory uses, in all zoning districts: the disposal, processing or recycling of solid waste* in any manner within the city, except for the segregation of solid waste and recyclable materials for curbside collection and the composting of vegetative materials used for noncommercial use, not to exceed three cubic yards; underground storage of solid waste; solid waste management facilities*; the storage of waste or scrap tires for the purpose of recycling and/or processing, and the recycling and processing of waste or scrap tires and/or reclaimed rubber, including shredding, grinding and any other process that results in shredded, pulverized, granulated, crumbed, or powered rubber; carpet and textile recycling, processing, and recovery; computer and electronic equipment and appliance recycling in the form of shredding; motor vehicle shredding and recycling; and solid waste processing including: incinerators, materials recovery facilities including processing; recycling facilities, resource recovery facilities, intermediate processing facilities, and transfer stations; bulk ammonia storage; bulk liquefied natural gas (LNG) storage and bulk liquefied propane gas (LPG storage; bulk storage of chemicals except as accessory to a use permitted by section 19-98; concrete manufacturing plants; paper or pulp mill; hazardous waste disposal; hazardous waste management facilities; petroleum refining; sand or gravel pit; sawmill; and asphalt manufacturing plants. The specific prohibited uses enumerated herein are in addition to any and all other uses which are prohibited in accordance with sections 19-4 and 19-98.

[* Definitions and further regulations relative to the uses that are denoted by an asterisk (*) may be found in section 19-1.]

(Ch. 146, § V, 10-23-00; Ch. 198, § III, 2-19-02)

Sec. 19-97. Determination of boundaries.

Unless otherwise indicated on the zoning map, the boundaries between districts shall be determined according to the following criteria:

(1) Where a boundary is shown as following a street, railroad or utility right-of-way, the boundary shall be the centerline thereon, unless otherwise indicated.

(2) Where a boundary is shown outside of a street, railroad or utility right-of-way and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof and the figure placed on the zoning map shall be the distance in feet between them as measured at a right angle from such line, unless otherwise indicated.

(3) Where the boundary of a district follows a river, stream, pond or other watercourse, the boundary line shall be deemed to be the limit of the jurisdiction of the city unless otherwise indicated. Unzoned lands and waters bordering upon or within the city shall be deemed to bear the zoning classification of the nearest adjacent zoned land and shall be subject to the same regulations of this chapter therewith.

(4) Where the location of a district boundary line is otherwise uncertain, the zoning officer shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the map.

(Rev. Ords. 1987, § 19-97)

Sec. 19-98. Schedule of use regulations.

(a) Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited.

(b) The following is a schedule of use regulations:

(c) All properties located within the Riverside Square Mixed Use/Downtown Overlay district shall be subject to the Commercial - 2 Zoning District with respect to section 19-98 "Use", except that the following uses shall be prohibited within this district: funeral home or mortuary; fast food restaurant; drive-through facilities, and medical or dental offices.

(d) All properties located within the Riverside Square Mixed Use/Downtown Overlay shall be subject to the supplementary district regulations contained in section 19-359 et seq.

(e) The C-2 Neighborhood Business District is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area.

Y = Yes, permitted use

N = No, prohibited use

S = Special use permit

A = Permitted as an accessory use subordinate to the principal use

*Definitions and further regulations relative to the uses that are denoted by an (*) may be found in section 19-1.

**Amusement game centers shall be allowed as a special use permit in a C-3 district and as a permitted use in C-4 and C-5 districts in conformance with the requirements of section 19-231 of this chapter.

***Radio, television or wireless telecommunications towers shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any I-3 district, in conformance with the requirements of section 19-352 of this chapter.

****Radio, television or wireless telecommunications antennas shall be permitted in any district on property owned, leased or otherwise controlled by the city, in conformance with the requirements of section 19-351 of this chapter, and by administrative approval in any district, in conformance with the requirements of section 19-352 of this chapter.

(Rev. Ords. 1987, § 19-98; Ch. 457, § III, 10-7-97; Ch. 463, § III, 12-16-97; Ch. 53, §§ IV, V, 2-3-99; Ch. 146, § VI, 10-23-00; Ch. 154, § VI, 1-16-01; Ch. 194, § IV, 12-18-01; Ch. 198, § IV, 2-19-02; Ch. 216, § IV, 6-18-02; Ch. 453, § III, 7-15-08; Ch. 470A, § V, 10-7-08; Ch. 489A, § II, 10-6-09; Ch. 642, § V, 3-15-16)

Sec. 19-99. Floating zone districts; purpose and objectives.

(a) Purpose. This section establishes the mechanism for the review and creation of four types of floating zone districts, which upon approval by the city council shall amend the existing zoning map. The purpose of floating zone districts is to permit high intensity or mixed use character development and to promote flexible design upon parcels deemed appropriate for such development. Floating zone districts are unmapped zoning districts which are established on the zoning map only when an application for development meeting the requirements is approved. A petitioner must establish that the site proposed is appropriate for the floating zone district, and petition, in accordance with article II, division 4, to amend the city zoning map. Except where otherwise provided for in this chapter, the floating zone district regulations are derived from the regulations of the underlying zoning district. Floating zone districts may impose supplementary requirements but do not in any manner supersede or replace any requirements of the underlying district, except where specifically provided for in this article or otherwise in this chapter. In all cases, floating zone district map amendments are conditional upon site plan approval through land development project review as provided for in article V of this chapter.

(b) Objectives. Decisions to approve a floating zone district shall be consistent with the following objectives where applicable:

(1) To promote diverse land uses which are consistent with the goals of the city comprehensive plan;

(2) To allow for mixed use developments where the site provides adequate safeguards to adjacent districts;

(3) To promote greater flexibility and consequently more creative and imaginative design for the development of residential and mixed use areas than generally is possible under conventional zoning regulations; and

(4) [ Reserved. ]

(Rev. Ords. 1987, § 19-99; Ch. 457, § IV, 10-7-97; Ch. 453, § IV, 7-15-08)

Sec. 19-100. Types of floating zone districts.

The following floating zone districts may by action of the city council amend the city zoning map for sites determined to be appropriate.

(1) Mixed use floating zone district. A mixed use floating zone district permits planned development of mixed residential/commercial uses; see further definition in section 19-364.

(2) Cluster floating zone district. A cluster floating zone district may amend any residential zone and permits clustering of residential units with the goal of preserving open space; see further definition in section 19-364.

(3) Business/technology floating zone district. The business/technology floating zone district permits business/technology uses; see further definition in section 19-364.

(Rev. Ords. 1987, § 19-100; Ch. 457, § V, 10-7-97; Ch. 453, § V, 7-15-08)

Sec. 19-101. Application process and unified review.

(a) A petition for a floating zone district shall be filed with the city clerk in accordance with the requirements and procedures of article II, division 4, to amend the zoning map, including those for fees, notification and application requirements.

(b) The city council may consider a petition for a floating zone district map amendment simultaneously with rezoning to the underlying district, as one rezoning petition.

(c) All projects requiring floating zone district amendments must also be reviewed according to the land development project process of article V of this chapter. The applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as, conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council and then return to the planning board for subsequent required approval.

(d) The petition for a floating zone district amendment shall be filed concurrently with the application requirements of article V of this chapter for land development project review. The key map of the land development project application may be used as the map required under section 19-72. Notification requirements shall be in accordance with the requirements of each action as specified in section 19-74 and article V of this chapter.

(e) All floating zone district map amendments shall be approved as conditional upon land development project approval of a site plan. The floating zone district map amendment shall not become finalized until final land development project approval is received.

(f) Conditional approval of a floating zoning district map amendment shall not bind the planning board to approving a land development project.

(g) The filing of a floating zone district map amendment petition does not imply its acceptance in whole or part by the city council. The approval of a floating zone district map amendment including any modifications, conditions or restrictions thereto, represents a legally binding commitment by an applicant to carry out the development as approved.

(Rev. Ords. 1987, § 19-101)

Sec. 19-102. Phased development or expanded development.

(a) If the proposed land development project for which the floating zone map amendment is proposed is to be phased, the floating zone district map amendment petition shall include the area of all proposed phases.

(b) Amendments to increase the size of a floating zone district as it appears on the zoning map, shall be treated as a new application and shall follow all of the procedures of this article.

(Rev. Ords. 1987, § 19-102)

Secs. 19-103—19-115. Reserved.