Amendments to comply with State enabling act amendments

Amendments to comply with State enabling act amendments to New Shoreham Zoning Ordinance Article 2 Section 202 Definitions Items 52, 107, 164, 173, and 176; Article 3 Zoning Districts and Regulations Sections 319 Planned Development Zone (PD Zone), Public Education Zone (PE Zone), Section 321 Public Utility Zone (PU Zone), and Section 322 Medical Center Zone (MC Zone); Article 4 Special Use Permit Criteria Section 403 Secondary Dwelling Development, Section 404 Attached Multi-Family Development, Section 405 Affordable Housing, Section 406 Residential Structures Meeting Certain Thresholds, Section 409 Restaurants in the Mixed Use Zone (M Zone), Section 411 Commercial/Residential Mixed Use, Section 415 Waterfront Uses, Section 420 Parking Lots, Section 422 Utility WECS, Section 423 Light Assembly, and Section 426 Power Generators Greater Than 20 kW Rated Capacity; Article 5 Performance Standards Section 502 Off-Street Parking/Sidewalks, Section 505 Uses Involving Toxic or Hazardous Materials, Section 505 Onsite Wastewater Treatment Systems (OWTSs), Section 508 Wind Energy Conversion Systems (WECS), Section 513 Accessory Dwelling Units, and Section 517 Solar Energy Systems (SES); and Article 7 Permits, Procedures and Enforcement Section 702 General Procedures, Section 703 Procedures for Special Use Permit, and Section 704 Development Plan Review.

2026-16

It is ordained by the New Shoreham Town Council:

§ 202 Definitions.

52. DEVELOPMENT PLAN REVIEW See RIGL § 45-23-32 (See § 704, Development Plan Review).

107. LAND DEVELOPMENT PROJECT — 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 Ordinance. (See § 402, Flexible Design Residential Development and § 714, Land Development Projects)

164. SECONDARY DWELLING DEVELOPMENT — A multi-family land use wherein two unattached dwelling units are located on a single lot according to the procedures and standards contained in § 403.

173. SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

176. SPECIAL USE — A regulated use which is permitted pursuant to the Special Use Permit issued by the Zoning Board of Review, pursuant to § 703 of this Ordinance.

§ 319 Planned Development Zone (PD Zone).

D. Mapping Procedures.

1. Submittals. The applicant shall submit a zoning map amendment pursuant to § 708 concurrent with its application under the Land Development and Subdivision Regulations. In addition to any other submittals required under the Land Development and Subdivision Regulations or the Utility Standards the applicant shall also submit:

b. If the Planned Development is being proposed for phased development, a description and timing plan for the phasing must be provided as part of the checklist for the applicable phase of review. At Final Plan review, applicant must submit a construction sequence and time schedule for completion of each phase for buildings, parking, and landscaped areas.

f. As part of the checklist of the applicable stage of review, written comments from the Historic District Commission (HDC) indicating that the HDC has no jurisdiction over any elements of the PD District or Planned Development or, if it does have jurisdiction, the nature of that jurisdiction and its written comments and any recommendations it may have on the proposal.

2. Planning Board Action.

a. The applicant shall follow the procedures of applicable review as provided by the Land Development and Subdivision Regulations through the Pre-Application and initial formal review stage.

b. Following the initial formal review stage, and a Public Hearing if there is one pursuant to the applicable regulations, the Planning Board may recommend to the Town Council the conditional mapping of a PD District, in accordance with subsection 3 of this section; recommend mapping with such special conditions, stipulations or restrictions as it deems advisable; or, recommend denial. The Board shall transmit its recommendations and findings to the Town Council within 45 days of its decision.

c. Upon the conditional mapping of a PD initial plan stage, submittals shall be made to the Planning Board for the next stage/stages of approval as provided in the Land Development and Subdivision Regulations.

3. Town Council Action. Within 65 days of receipt of the conditional approval from the Planning Board, the Town Council shall conduct a public hearing for the application for the mapping of a PD District. The Town Council, after the public hearing, shall conditionally approve, with conditions, stipulations or restrictions or deny the amendment mapping the PD district. Any such approval shall be conditioned upon final approval of the application submitted pursuant to the Land Development and Subdivision Regulations in substantial conformity with the plans presented to the Town Council in the course of its conditional approval of the mapping of the PD District. The Town Council shall render its decision within 45 days of the close of the public hearing. The Town Council may map the proposed PD District only if it finds, based upon the application submittals, Planning Board recommendation, and information received at the public hearing that:

§ 320. Public Education Zone (PE Zone).

B. Designation of Zone. The Zone shall consist of Lot 1 on Tax Assessor's Plat 10. Applicants shall submit and be subject to a major land development project review for development proposed in the zone.

F.3. Unless granted a modification or waiver by the Planning Board during the review of the Land Development application, all site improvements shall conform to any applicable provisions of the Land Development and Subdivision Regulations and the Utility Standards of the Town.

G. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures, installation of a utility wind turbine, or other site improvements shall be permitted until plans have been reviewed and approved by the Planning Board as set forth in the Land Development and Subdivision Regulations.

1. Submittals. In addition to any other items required in the application checklist for the preliminary plan phase of a major land development project in the Land Development and Subdivision Regulations or the Utility Standards the applicant shall also submit:

b. If the project is being proposed for phased development, a description and timing plan for the phasing along with a construction sequence and time schedule for completion of each phase for buildings, parking, and landscaped areas must be provided as part of the application review.

2. Planning Board Action. No final approval of any project or modification requests may be given by the Planning Board unless and until it has solicited written comments on the Plan and any requested modifications from the Town Engineer, the Conservation Commission, the Historic District Commission, the Building Official, the Police Chief, the Fire Chief, the Superintendent of Schools, the Town Manager, the Public Works Director, the Sewer Commission, the Land Use Administrative Officer, and the Town Solicitor.

§ 321 Public Utility Zone (PU Zone).

B. Designation of Zone. The PU Zone shall consist of that portion of Tax Assessor's Plat 2 Lot 39 and Lot 40 which does not lie within the Coastal Zone. Applicants shall submit and be subject to a major land development project review for proposed developments in the zone. This parcel, which is used as the Town of New Shoreham's solid waste transfer facility, also has the following characteristics:

1. Plans Required. In addition to any applicable items required in the application checklist for the preliminary plan phase of a major land development project in the Land Development and Subdivision Regulations, the applicant shall submit:

§ 322 Medical Center Zone (MC Zone).

B. Designation of Zone. The MC Zone shall consist of Lots 2 and 3 on Tax Assessor's Plat 10. Applicants shall submit and be subject to a major land development project review for proposed developments in the zone.

G. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures, or other site improvements within the MC Zone shall be permitted until plans have been reviewed and approved by the Planning Board as set forth in the Land Development and Subdivision Regulations.

2.a. All applicable general site standards.

Article 4 Criteria for Special Use Permits

§ 403 Secondary Dwelling Development.

B. Process. A Secondary Dwelling Development is allowed only by Special Use Permit. In addition to an application for a Special Use Permit, the applicant shall be subject to Development Plan Review.

C.2. The Zoning Board, unless unified development review is authorized, shall refer the application to the Planning Board for an advisory recommendation regarding the special use permit application, and to the Historic District Commission for an advisory on building siting and massing.

D. Planning Board Procedures. As applicable, the Planning Board shall review the application for a Secondary Dwelling Development pursuant to the provisions of the Land Development and Subdivision Regulations and, unless Unified Development review is authorized, shall give an advisory opinion to the Zoning Board of Review regarding the granting of a Special Use Permit for the Secondary Dwelling Unit.

§ 404. Multi-Family Development.

§ 405 Affordable Housing.

B. Procedures. A Special Use Permit to allow an increase in residential density may be granted by the permitting authority to allow the creation of affordable housing, as defined in § 202. Before action is taken by the permitting authority on any such application for affordable housing, it shall be submitted to the Block Island Housing Board for their review and recommendation. Such use shall also require Development Plan Review by the Planning Board.

§ 406 Residential Structures Meeting Certain Thresholds.

E. Permitting Authority Procedures.

§407 Hotels.

B. 8. Special provisions. The development plans for a restaurant proposed as an accessory use to a hotel shall show, in addition to all other requirements of this Ordinance, the following:

9. Discontinuance of use. If such restaurant should cease to operate for a period of two years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the permitting authority.

§ 409 Restaurants in the Mixed Use Zone (M Zone).

Standards. Restaurants may be allowed by special use permit in the Mixed Use Zone. The following standards shall apply to all restaurants proposed within this zoning district:

Discontinuance of Use. If such restaurant should cease to operate for a period of two years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the permitting authority.

§ 411 Commercial/Residential Mixed Use.

Procedures. A Commercial/Residential Mixed Use is allowed by Special Use Permit in the RC/M and M Zones and by right in the OHC, NHC and SC Zones. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704 and Article XI § 1100 of the Land Development and Subdivision Regulations.

§ 415. Waterfront Uses.

B. Standards for Particular Waterfront Uses.

4. Aquaculture. Aquaculture facilities and their use shall conform to accepted standards and procedures, the application of which shall be evidenced as part of any review of plans by the Planning Board.

5. Docks, Ramps, and Accessory Use Structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards, the application of which shall be evidenced as part of any review of plans by the Planning Board.

§ 420. Parking Lots.

A. 1. The layout of any parking lot shall conform to the standards of § 502, Off-Street Parking/Sidewalks.

§ 422 Utility Wind Energy Conversion Systems (WECS).

A. Process. Utility Wind Energy Conversion Systems (WECS) as defined in this Ordinance with specifications as contained in § 508G shall be allowed only in the Public Utility Zone and shall require the issuance of a Special Use Permit, and require Land Development Review under the provisions the Land Development and Subdivision Regulations, by the Planning Board under unified development review.

§ 423 Light Assembly.

Process. Such light assembly uses shall be allowed only in the Residential C/Mixed Use Zone, the Old Harbor Commercial Zone, the New Harbor Commercial Zone, and the Service Commercial Zone, and then only upon the granting of a special use permit by the permitting authority.

D. Planning Board Procedures. Unless reviewed under unified development review, the Planning Board shall review the application for a light assembly use and shall give an advisory opinion to the Zoning Board of Review regarding the granting of a special use permit for the proposed use. The Planning Board shall review and/or issue an advisory opinion on including, but not limited to, the following:

1. In reviewing the plans and materials, the Planning Board shall apply the relevant General Site Standards contained in the Land Development and Subdivision Regulations, and the relevant requirements contained in § 505 involving the use of any toxic or hazardous material.

2. The Planning Board may attach conditions or restrictions as part of their review and/or advisory recommendation.

F. Standards for Associated Retail. The permitting authority may allow retail use in association with a light assembly use within a zoning district in which retail is otherwise not permitted if the following standards are met:

G. Additional Requirements. Prior to the granting of a special use permit for a light assembly use or light assembly use with associated retail, the permitting authority may establish limits on the operation, including but not limited to, hours of operation, noise levels, lighting, water use and traffic. (Section Added December 16, 2009)

§ 426 Power Generators Greater Than 20 kW Rated Capacity.

A. Applicability. Power generators which have a rated capacity of greater than 20 kW, with the exception of generators that are used as a back-up power source at a municipally owned or operated building; a public utility; a medical facility; a commercial business; or any other facility required by State Building Code to provide back-up power, are allowed only upon the granting of a special use permit.

C. Standards. Prior to the approval of an application for a power generator with a rated capacity greater than 20 kW, the permitting authority shall determine that it meets the general criteria for a special use permit. The standards below shall also apply:

Article 5

Performance Standards

§ 502 Off-Street Parking/Sidewalks.

D. Large Lot Parking. For parking areas of 20 spaces or more the following additional requirements shall apply:

1. Large lot parking areas must receive development plan review approval pursuant to the standards and procedures set forth in the Land Development and Subdivision Regulations.

2. The compensatory use of the parking lot by offsite users shall not be deemed an accessory use.

3. Large lots, except for those serving transportation facilities or located in the Old Harbor Commercial Zone shall be screened on each side facing a street or abutting property by a wall, fence or compact hedge no less than three nor more than five feet high. Parking areas serving up to 20 cars each shall be separated by planted buffers at least 10 feet wide. Plantings within those buffers shall be maintained so as not to cause a traffic hazard with overgrown plantings that block drive aisles, parking spaces, and/or vehicular sightlines.

4. Large parking lots shall have sufficient driveway access and aisle circulation for emergency vehicles, as confirmed by the New Shoreham Police and Block Island Volunteer Fire and Rescue

5. Lots utilized for water access, such as a boat ramp, shall provide sufficient access, circulation, and parking for such use, such as vehicles with boat trailers or the use of lifts.

6. Parking areas, if possible, shall not be of impervious materials. Where asphalt or similar surfacing is used, the grading of the lot shall minimize run-off into ponds, wetlands or into the ground, mitigation measures shall be implemented.

§ 505 Uses Involving Toxic or Hazardous Materials.

D. Special Procedures.

1. Review. In addition to the review by the permitting authority of the applicable provisions of Article 4, Standards for Uses Allowed by Special Use Permit, all proposals governed by this Section shall be subject to review by the Planning Board as either the permitting authority or to provide an advisory opinion to the Zoning Board. The Planning Board shall transmit application material to the Conservation Commission for its review and comment, and such comment shall be considered by the Planning Board if submitted to it in writing within 45 days of receipt by the Conservation Commission.

§ 506 Onsite Wastewater Treatment Systems (OWTSs).

G. Special Use Permit.

1. The permitting authority may grant a Special Use Permit for the installation of an OWTS which cannot meet the regulations and standards of this § 506.

3. In order to obtain a Special Use Permit, the applicant must demonstrate to the permitting authority's satisfaction, compliance with the criteria contained in § 401(A)(1-9)-General Standards for Special-Use Permits, the performance and design standards located in sections E and F of this Subsection, and submit an engineering report as described in § 14 of this Ordinance to address the following criteria:

d. The fact that the granting of a Special Use Permit would result in less expense to the applicant in implementing a permitted use shall not be used by the permitting authority as a justification for granting the permit.

§ 508 Wind Energy Conversion Systems (WECS).

F. Special Use Permit.

1. The permitting authority may grant a Special Use Permit for the installation of a WECS which cannot meet the regulations and standards of this Section.

2. In order to obtain a Special Use Permit, the applicant must demonstrate to the permitting authority's satisfaction, compliance with the General Standards for Special Use Permits.

§ 513 Accessory Dwelling Units.

Specific Standards

3. Standards for Town Employee Accessory Dwelling Units.

d. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures for the development of Town Employee Accessory dwelling units shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in Section 704, Development Plan Review.

e. Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:

f. Standards of Review. No final approval of any development plan for building construction or alteration or other site improvements may be granted by the Planning Board until it has reviewed the plans in accordance with, but not limited to, the following:

(1) All applicable general site standards contained in the Land Development and Subdivision Regulations.

§ 517 Solar Energy Systems (SES).

D. Applicability and Review Procedures:

1. Solar energy systems are allowed in all zoning districts as accessory uses subordinate to the principal use of the parcel, provided energy production is not a principal use. Solar energy systems shall require Development Plan Review prior to installation.

2. Ground mounted solar energy systems, or solar canopies, but not solar pool heater systems shall have a total array size less than 400 square feet. Ground mounted solar energy systems or solar canopies may be allowed in excess of 400 square feet by special use permit only. An application must be submitted for a Special Use Permit.

3. Solar pool heater systems shall have a size less than 75 percent of the surface area of the pool.

4. Any SES proposed within the Historic Overlay District shall require review and approval by the Historic District Commission.

5. Solar energy systems must be consistent with all applicable State and Federal fire and electrical safety codes and shall obtain all necessary statewide solar, building, and electrical permits from the Building Official prior to commencement of construction.

6. Any proposed solar energy system that exceeds one hundred and fifty percent (150%) of the annual electricity consumption of the subject property is deemed a coordinated site and shall be subject to approval as a land development project.

Article 7

Permits, Procedures and Enforcement

§ 702 General Procedures.

[Amended May 2, 2001; August 20, 2014 by Ord. No. 2014-08]

D. Application After Denial. An application for a Variance or Special-Use Permit, once denied by the permitting authority, cannot be submitted again absent a showing of a change of material circumstances in the time intervening between the two applications.

F. Pre-Application. One or more pre-application meetings may be held for all major land development or subdivision applications at the request of the applicant. Pre-application meetings may be held for administrative and minor applications, upon request of the applicant.

§ 703. Procedures for Special Use Permit.

6. Utility and Disposal Plan. Written description and engineered plan indicating how all utility and disposal needs will be met, and documenting how the General Site Standards in the Land Development and Subdivision Regulations will be met.

15. Traffic Analysis. Documentation that the traffic standards of General Site Standards in the Land Development and Subdivision Regulations will be met.

§ 704 Development Plan Review.

[Amended July 7, 1997; July 2, 2007; October 6, 2008; July 6, 2009; Section amended in entirety April 6, 2015 by Ord. No. 2015-03]

A. Development plan review established. The entirety of New Shoreham is hereby designated a growth center. Development plan review is required by use type as prescribed throughout this zoning ordinance. Development subject to land development project approval shall not be subject to Development Plan Review. A change in use at the property where no extensive construction of improvements is sought and that does not require a special use permit or variance shall be subject to Administrative Development Plan Review. All other development plan review shall be subject to Formal Development Plan Review.

D. 4. Applications under this chapter which require relief which qualifies only as a modification under § 45-24-46 and local ordinances shall proceed by filing an application under this chapter and a request for a modification to the Zoning Official. If such modification is granted the application shall then proceed to be reviewed by the Administrative Officer as to completeness pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under Unified Development Plan Review pursuant to § 45-23-50.1.

Posted: July 8, 2026

Hearing: August 3, 2026

Adopted: August 3, 2026

Effective: August 3, 2026

Posted: August 4 – August 14, 2026

Attest: Millicent M. Highet, MMC, Town Clerk

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