Town of Cumberland, RI Article 1 General Provisions

§ 1-1 Statement of purposes.

[Ord. No. 08-31, 10-7-2009]

The zoning districts and regulations set forth in this zoning ordinance are made in accordance with the Town of Cumberland Comprehensive Plan, adopted or amended in accordance with Chapter 45-22.2 of the General Laws of Rhode Island, and for the following purposes:

(a) To promote the public health, safety, and general welfare of the Town.

(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 aforesaid comprehensive community plan of the Town;

(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 the Town's water bodies including the Blackstone River, freshwater ponds, streams and freshwater wetlands;

(4) That much of the Town land area is within the watershed of a public water supply reservoir, including the Diamond Hill, Arnold Mills, Sneech Pond, Abbott Run and Happy Hollow Reservoirs;

(5) The values of unique or valuable natural resources and features;

(6) The availability and capacity of existing and planned public and/or private services and facilities;

(7) The need to shape and balance urban, suburban and rural development; and

(8) 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, open space and recreation resources of the Town.

(g) To provide for the preservation and enhancement of agricultural uses and landscapes of the Town.

(h) 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.

(i) 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, and to provide housing opportunities in particular for persons of low and moderate income, as defined by state law.

(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 community plan, as amended, of the Town.

(m) To provide for coordination of land uses, resources and facilities with contiguous municipalities, other municipalities, the state and other agencies.

(n) To provide for efficient review of development proposals, and to clarify and expedite the zoning approval process.

(o) To provide opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988, the Rhode Island Civil Rights of Persons with Disabilities Act, and the Americans with Disabilities Act.

(p) To provide for procedures for the administration of this appendix.

§ 1-2 Compliance with ordinance.

[Ord. No. 08-31, 10-7-2009]

(a) Conformance with permitted use. No building or structure shall be erected, reconstructed, or enlarged for any use other than that which is permitted in the zone in which such building, structure or land is located. No building or structure shall be moved to new site unless that site is zoned to permit the use intended for such building or structure. Nor shall any building, structure or land be used for any use other than is permitted in the zone in which it is located.

(b) Dimensional conformance. Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the dimensional limits established for the zone wherein such building or structure is located.

(c) Lot area conformance. No new lot shall be created, nor shall an existing lot be reduced or diminished except in conformance with the dimensional requirements of this appendix, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this appendix. The lot or yard areas of buildings existing at the time this appendix became effective shall not be diminished below the requirements herein provided. The required yard or parking area for a building shall not be included as a part of the required yard or parking area of any other building.

§ 1-3 Consistency with Comprehensive Plan.

[Ord. No. 08-31, 10-7-2009]

This appendix is consistent with the Town of Cumberland Comprehensive Plan, adopted or amended pursuant to Chapter 45-22.2 of the General Laws of Rhode Island. In the instance of uncertainty in the construction or application of any section of this appendix, this appendix 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 Community Plan.