Chapter 18.61 ZONING MAP AMENDMENTS WITH LIMITATIONS

 

18.61.010        Town council authority.

18.61.020        Recording required.

18.61.030        Notation in tax recod required.

18.61.040        Table of limitations, conditions, or restrictions.

 

18.61.010   Town council authority. When enacting an amendment to the Zoning Map applicable only to one lot or parcel, the town council shall have the authority to limit the change of zoning district to one or more of the permitted use codes in that zoning district. The town council shall also have the authority to impose limitations, conditions, or restrictions related to the the use of the land as it deems necessary.

 

18.61.020   Recording required. The town clerk shall record the limitations, conditions, or restrictions so imposed in the land evidence records.

 

18.61.030  Notation in tax record required.  The town clerk shall forward a copy of the limitations, conditions, or restrictions to the tax assessor, who shall note on the property tax records the book and page number of the recorded limitations, conditions, or restrictions.

 

18.58.040  Table of limitations, conditions, or restrictions. All such limitations, conditions, and restrictions shall be shown in Table 18.61-1. The description of the limitations, conditions or restrictions is included for the convenience of the reader. In the event of an inconsistency between the description in this table and the recorded document, the recorded document shall supersede the ordinance text.

(Ord. dated 4-19-22)

 

Table 18.61-1

Plat / Lot

Date of Enactment

Book / Page

Zoning district change

Limitations, conditions, restrictions

2C / 4

2C / 16-1

3/23/2022

357 / 291

R-2 to Light Industrial

Limited to use codes 508 (Commercial cellular communications tower), 602 (Construction trades contractor), 606 (Maintenance services), 644 (Warehouse sales with outdoor storage), 702 (Professional offices), 706 (Motion picture, sound recording studio), 710 (Business offices not otherwise specified), 740 (Repair services), 774 (Equipment rental with on-site storage), 854 (Artisan studio), and 962 (Warehousing, general storage).

2C / 17

(portion)

3/1/2022

357 / 292

R-2 to Light Industrial

Limited to use code 920, metals fabrication and machine manufacturing.

4C / 28

9/5/2023

366 / 143

R-2 to Flex Tech

1) Property owner must receive Planning Board approval for the motocross facility through whatever review procedure is applicable to the proposed facility at the time the application is submitted.

2) Property owner must obtain all required state permits before submitting application for Planning Board review.  

10E / 40

10E / 43

10E / 44-1

10E / 44-2

 

1/19/2021

357 / 302

R-2 to Neighborhood Business

1) 150-foot-wide no-cut buffer on southern boundary of Lots 44-1 and 44-2.

2) Owner of Lot 44-2 to plant double row of Green Giant arborvitae between any commercial building on Lot 44-2 and house on Lot 23.

3) 550-foot long buffer on rear yard of Lot 43.

11B / 16

(portion)

4/13/1993

88 / 239

Residential to Light Industrial

 

 

1) Blacksmith, machine, welding shops prohibited.

2) Manufacture or assembly from prepared materials of musical instruments, clocks, toys, novelties, electrical appliances, electronic devices, light sheet metal products, machine tools and machinery (not requiring use of drop hammers or punch presses of over 100 tons), and other similar products, prohibited.

3) Municipal solid waste transfer station prohibited.

4) Solid vegetative buffer required on Light Industrial portion of property adjacent to residential uses.

5) Curb cuts in Light Industrial zone and residential zone limited to one each, as approved by DOT.

6) Maximum ISDS shall not exceed 1,500 gallons per day as required in aquifer protection overlay district (350 gallons per acre).

7) Compliance with zoning ordinance provisions related to signs, off-street parking, aquifer protection, site plan review, and Super Fund Amendments Authorization Act (SARA), Title 3, Sec. 313, relating to extremely hazardous materials.

8) Grant of conservation easement on portion of rezoned property designated on aforementioned drawing as "Conservation Area."

9) No underground storage of hazardous or toxic fuels or chemicals including but not limited to gasoline, diesel fuel, oil.

10) Adoption and implementation of proper storm water control techniques in connection with any development on Light Industrial portion of rezoned property, which techniques exclude use of infiltration devices.

NOTE: The site drawing incorporated by reference in the Town Council decision showing the portion of the lot that was rezoned was not recorded with that decision in the land evidence records. It could not be found as of date of enactment of this Chapter.

(Ord dated 4-19-22; Ord. dated 9-5-23)

 

REFERENCES

R.I. Gen. Laws §§ 45-24-53(j).

 

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