A.
Purpose. The purpose of this section is to establish
the land uses to be permitted within each standard zoning district
and to distinguish as-of-right uses from uses requiring a special
use permit. All land uses permitted in at least one of the Town’s
standard zoning districts are contained in the District Use Table.[1]
[Amended 10-26-2020 by Ch. No. 1997]
[1]
Editor's Note: The District Use Table is included as an attachment to this chapter.
B.
Uses permitted in residential and certain industrial
and commercial zones. Notwithstanding any other provision of this
chapter, the following uses shall be permitted within all residential
zoning districts and all industrial and commercial zoning districts
except where residential use is prohibited for public health or safety
reasons:
C.
Uses prohibited in all zones. The following uses are
prohibited in the Town of Westerly in all zoning districts:
(1)
Rendering of fats and oils.
(2)
Acetylene gas manufacture and storage.
(3)
Ammonia or bleaching powder manufacture.
(4)
Chlorine manufacture.
(5)
Distillation of bone or wood products.
(6)
Explosives manufacture or storage.
(7)
Carbon or blacklamp manufacture.
(8)
Coal distillation.
(9)
Offal or dead animal reduction.
(10)
Atomic energy processes.
(11)
Smelter, blast furnace or blooming mill.
(12)
Any type of acids or creosote manufacture or
treatment.
(13)
Operations involving animals for commercial
slaughter or for laboratory purposes.
(14)
Nuclear waste storage.
(15)
Petroleum tank farms.
(16)
Storage or use, except medical use, of radioactive
substances.
(17)
Reduction and processing of wood pulp and fiber,
including papermill operation.
(18)
Any other use with noxious effects, including
emission of odors, smoke, gases, dust, noise, or vibrations, or which
involves danger of fire or explosion.
D.
Uses not expressly permitted are prohibited. Any use not specifically permitted is prohibited unless the Zoning Official determines that such use is included in one of the categories set forth in the District Use Table. Uses not classified in this chapter may be permitted only if such use would be in accord with the purposes and intent of this chapter. The determination of use classification shall be obtained in accordance with the procedures for obtaining a zoning certificate. (See § 260-29, Zoning certificates.)
E.
Prior conditional rezone amendments. Certain zoning
districts are composed of change or amendment to the text of the prior
Zoning Ordinance and in connection with which the Town Council imposed
use limitations, conditions, and/or restrictions. The terms of such
limitations, conditions, and/or restrictions shall continue to be
applicable to each said property and shall be deemed readopted and
incorporated herein.
F.
Uses prohibited except in accordance with law or regulation.
Except as otherwise provided by state or federal law, no building,
structure, or land shall be used or occupied for purposes other than
those permitted in this chapter.
G.
District use table categories. The District Use Table
contains the following categories:
(1)
A use listed on the District Use Table and denoted
by the letter "P" is a use permitted by right in the zoning district.
(2)
A use listed on the District Use Table and denoted by the letter "S" is a use permitted by special use permit in the zoning district. (See § 260-34, Special use permits.)
(3)
A use listed on the District Use Table and denoted
by the letter "N" is a use not permitted in the zoning district.
(4)
For use located in the Aquifer Protection Overlay
District column, "Q" means an aquifer permit is required.
(5)
For use located in the Aquifer Protection Overlay
District column, "P/Q" means the use is permitted if municipal sewer
is available and an aquifer permit is required if municipal sewer
is not available.
H.
Requirements for all permitted uses. All permitted uses, and those uses requiring a special use permit, require a zoning certificate issued in accordance with § 260-29. In addition, all such uses are subject to all the provisions of this chapter, including all general and specific development standards and other regulations governing yards, lot size, lot width, building area, easements, off-street parking and loading, requirements of overlay districts. All state and federal laws and regulations shall be complied with. In particular, the laws and regulations of the Rhode Island Department of Environmental Management shall be adhered to. No zoning certificate shall be issued without final approval from the RIDEM for proper water supply and sewage disposal, unless the premises are served by public water and/or sewage facilities and have received municipal approval for tie-in to these facilities.
See Standard Use Tables included as an attachment to this chapter.
