Chapter 18.04

GENERAL PROVISIONS

 

            18.04.010        General purposes.

            18.04.020        Applicability.

            18.04.030        Town uses or property.

            18.04.040        Uses permitted in the PUB district.

 

18.04.010  General purposes.  The zoning ordinance has been developed and shall be maintained in accordance with the comprehensive plan as prepared and adopted, and as may be amended in accordance with R.I.G.L. 45-22.2-1 et seq. The zoning ordinance addresses the following purposes:

 

A.  To promote the public health, safety and general welfare;

 

B.  To provide for a range of uses and intensities of use appropriate to the character of the town, and reflecting current and expected future needs;

 

C.  To provide for orderly growth and development which recognizes:

 

      1.   The goals and patterns of land use contained in the comprehensive plan adopted pursuant to R.I.G.L. 45-22.2-1 et seq.,

      2.   The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface or groundwater pollution,

      3.   The values and dynamic nature of freshwater ponds and wetlands,

      4.   The values of unique or valuable natural resources and features,

      5.   The availability and capacity of existing and planned public and/or private services and facilities,

      6.   The need to shape and balance suburban and rural development, and

      7.   The use of innovative development regulations and techniques;

 

D.  To provide for the control, protection and/or abatement of air, water, groundwater and noise pollution, and soil erosion and sedimentation;

 

E.  To provide for the protection of the natural, historic, cultural and scenic character of the town or areas therein;

 

F.  To provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space;

 

G.  To provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space and other public requirements;

 

H.  To promote a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing;

 

I.  To provide opportunities for the establishment of low and moderate income housing;

 

J.  To promote safety from fire, flood and other natural or manmade disasters;

 

K.  To promote a high level of quality in design in the development of private and public facilities;

 

L.  To promote implementation of the comprehensive plan adopted pursuant to R.I.G.L. 45-22.2-1 et seq.;

 

M.  To 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 town boundaries or have a direct impact on the town;

 

N.  To provide for efficient review of development proposals, and to clarify and expedite the zoning approval process;

 

O.  To provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.

(Ord. dated 12-19-94(part); Ord. dated 7-15-08)

 

18.04.020  Applicability.  No building, structure or land shall be used, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations specified for the district in which it is located. Nonconforming uses and structures shall be permitted to continue under the provisions of Chapter 18.48.

(Ord. dated 12-19-94(part); Ord. dated 7-15-08; Ord. dated 7-20-21)

 

18.04.030  Town uses or property. 

A. Town uses of a governmental nature in the PUB zoning district, and other town uses operated or maintained by the town on property owned or leased by the town or in structures owned or leased by the town, shall be exempt from the requirements of this Title, provided, however, that if construction of a building or enlargement of a building footprint is proposed, if a change in the use of a building is proposed that would require alteration of the site, if a parking area is being expanded, or if relocation of a street access point is proposed, the plans shall be referred to the planning board for advisory development plan review.      

(Ord. dated 7-15-08; Ord. dated 5-16-17; Ord. dated 7-20-21)

 

B.  Uses or activities of a non-governmental nature on town-owned property in the PUB zoning district shall be permitted, notwithstanding any other provision of this Title, in conformity with the following requirements:   

1.   If the use or activity does not require alteration or rearrangement of the site, the town council shall, by a majority vote of those members present, approve the proposed use or activity by a written resolution that contains the terms and conditions imposed on the use or activity, including its permitted scope and duration.           

2.   If the use or activity requires alteration or rearrangement of the site, the following approval procedure shall be required:

a)   The town council shall, by a majority vote of those members present, preliminarily approve the proposed use or activity, and shall refer the proposal to the planning board for advisory development plan review.

b)   If a private person or organization will use the site, the person or organization must submit to the planning department a professionally-prepared development plan in  compliance with Art. 15(H) of the land development and subdivision regulations. If the development plan requires review by a town engineering consultant, the person or organization submitting the plan must pay for the consultant’s review.   

c)   If the use will be sponsored by the town or will operate under the direction of the town, the town council may direct the town planner to engage a consultant from among the pre-qualified engineering professionals on the list maintained by the planning department to prepare a development plan for the site in compliance with Art. 15(H) of the land development and subdivision regulations.

d)   The planning board shall review the proposal according to the criteria in Ch. 18.54 of this Title and shall make a written recommendation to the town council.

e)   The town council shall, by a majority vote of those members present, after a public hearing, approve or disapprove the proposal. Approval shall be by a written resolution that contains the terms and conditions imposed on the use or activity, including its permitted duration, and shall include a site plan.

(Ord. dated 7-15-08; Ord. dated 5-16-17; Ord. dated 7-20-21)

 

18.04.040  Uses permitted in the PUB district

The following uses are permitted on property in the PUB zoning district that is not owned by the town:  212 - Horticulture; 301 - Public school; 310 - Quasi-municipal public safety or other facility; 402 - Indoor recreational facility; 406 - Outdoor recreational facility; 432 - Park, botanical garden open to public; 434 - Wildlife refuge; 435 - Conservation area; 442 - Museum, library. Use codes 301, 310, 402, 406, 432, and 442 require development plan approval.

(Ord. dated 7-20-21)

 

REFERENCES

R.I. Gen. Laws  § 45-24-030; Code Ch. 18.16, Ch. 18.48, Ch. 18.54.

 

 

 

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