Chapter 18.46

AGRICULTURAL OVERLAY DISTRICT

 

            18.46.010        Purpose.

            18.46.020        District boundaries.

            18.46.030        Residential density.

            18.46.040        Conservation development.

            18.46.050        Residential compounds.

            18.46.060        Land outside the overlay district.

            18.46.070        Cumulative impact.

 

18.46.010  Purpose.  The purpose of the agricultural overlay district is to preserve large contiguous areas of prime agricultural soils for farming uses by requiring subdivision and development methods that create large farm lots intended for both agricultural and residential use. Subdivisions in the agricultural overlay district shall meet the following requirements notwithstanding any other provisions of this title.

(Ord. dated 9-7-10)

 

18.46.020  District boundaries.

A.  The boundaries of the overlay district are shown on the official zoning map. Tax assessor's lots that are more than fifty percent (50%) within the overlay district shall be considered entirely within the overlay district for the purposes of this chapter. 

 

B.  The standards and restrictions for development of land in the overlay district, as well as the standards and restrictions for the underlying zoning district, apply to land in the overlay district. When the overlay district requirements are in conflict with the requirements for the underlying zoning district, the overlay district requirements shall govern.

(Ord. dated 9-7-10)

 

18.46.030  Residential density.  Land in the agricultural overlay district shall be developed at a  density of no more than one residential unit per five acres of land suitable for development, as that term is defined in the land development and subdivision regulations.

(Ord. dated 9-7-10; ord. dated 11-19-13)

 

18.46.040  Conservation development.   

A.  Conservation development subdivisions in the agricultural overlay district shall be designed so that the prime agricultural soils are in the open space and the open space is contained in one or more farm lots intended for both residential and agricultural use. If the subdivision contains more than one farm lot, one shall be at least twenty-five (25) acres.

 

B.  One acre of each farm lot shall be reserved for a principal residential structure. If the location of the one-acre area is not shown on the Final Plan, the Final Plan shall include the following notation: "A one-acre area of this lot, the location of which is to be determined later, is reserved for future residential development."

 

C.  To encourage the creation of farm lots and to maintain the rural character of agricultural areas, one accessory dwelling unit, located either in the residential structure or in an accessory structure, is permitted by right, rather than by special use permit, in the one-acre residential area on a farm lot.

(Ord. dated 9-7-10)

 

18.46.050   Residential compounds.

A.  A residential compound in the agricultural overlay district shall consist entirely of farm lots of eleven (11) or more acres so that each lot may be eligible for participation in the farm, forest and open space tax classification program.

 

B.  One accessory dwelling unit, located either in the residential structure or in an accessory structure, is permitted by right, rather than by special use permit, on a farm lot.

(Ord. dated 9-7-10)

 

18.46.060  Land outside the overlay district.  Tax assessor's lots that are entirely outside the overlay district, and those with less than fifty percent (50%) of their area within the overlay district, may be developed according to the requirements of this chapter if they are at least fifty (50) acres, contain prime agricultural soils, and have been actively used for agriculture at any time within the previous five (5) years.

(Ord. dated 9-7-10; ord. dated 11-19-13)

 

18.46.070  Cumulative impact.  After the date of enactment of this Chapter, if a portion of a lot is subdivided for residential development leaving any portion of the same lot undeveloped, a property owner seeking subsequent approval of a subdivision on the undeveloped portion of the lot shall prepare a yield plan for the entire original lot as it existed on the date of enactment of this Chapter, including the portion(s) already subdivided. The purpose of this requirement is to maintain the minimum residential density required by this Chapter.

(Ord. dated 9-7-10; ord. dated 11-19-13)

 

REFERENCES

R.I. Gen. Laws §§ 45-24-33(a)(5), 45-24-36; Code §§ 18.41.080, 18.45.050; land development and subdivision regulations sections 4.1, 4.2.

 

 

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