DIVISION 2. - LOT, AREA, SETBACK AND YARD REGULATIONS
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 19-131. - General requirements.#
The requirements and regulations in this division are intended only as minimal standards for the protection of the public health, safety and welfare and should be exceeded wherever practical or desirable.
(Rev. Ords. 1987, § 19-131)
Sec. 19-132. - Substandard lots of record.#
Except as required in section 19-133, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in section 19-145 for the district in which such lot is located may be considered as conforming to the minimum lot requirements of section 19-145, provided that such lot or group of contiguous lots was shown on a recorded plat or on a recorded deed on the effective date of the ordinance from which this chapter was derived (November 29, 1966). These are also referred to as prior recorded lots.
Notwithstanding the failure of a single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance (November 29, 1966) to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply: (1)
Minimum building setbacks, lot frontage and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width requirements from another zoning district of the same type (i.e. next less restrictive residential zone for a residentially-zoned property or next less restrictive commercial zone for a commercially-zoned property) in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the minimum lot area required in the district in which it is located, the setbacks, frontage and width shall each be reduced to 40 percent of the requirements for those dimensional standards in the same district.
(2)
Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.
All proposals exceeding such reduced requirement shall proceed with a modification request under section 19-5 or a dimensional variance request under section 19-45, whichever is applicable.
(Rev. Ords. 1987, § 19-132; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-133. - Contiguous lots under common ownership.#
It is the intent of this chapter to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots or to reduce the extent of dimensional conformance.
If two or more contiguous lots are under common ownership at any time after the effective date of the ordinance from which this chapter was derived and one or more of these lots fails to meet the requirements of section 19-145 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by sections 19-144 and 19-145 of this chapter, or the off-street parking requirements of section 19-284 of this chapter, and the below standards, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if joint application for a building permit is made by all owners of such parcels. No single lot shall be used in violation of the requirements of section 19-145 with regard to minimum lot area or minimum lot width, except as provided in this chapter.
The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer. Uses on multiple lots in common ownership shall be counted as one lot for the purposes of this calculation. (1)
District by district standards for determining lot mergers:
a.
Stormwater infrastructure is limited such that limiting development in the district will protect area water quality;
b.
The character of the neighborhood as described in section 19-95 will be protected by the merger of the lots; and
c.
The goals and policies of the comprehensive plan pertaining to the district will be furthered by the merger of the lots.
(Rev. Ords. 1987, § 19-133; Ch. 184, § I, 11-6-01; Ch. 194, § I, 12-18-01; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-134. - Dimensional regulations generally.#
(a)
Except as hereinafter provided, a dwelling, building or structure hereafter erected in any district shall not be located on a lot or parcel of land having less than the minimum dimensional and setback requirements of this chapter and shall not exceed the maximum height and percentage of lot building coverage.
(b)
No lot, parcel or tract of land shall be reduced in dimension or area such as to be in violation of section 19-145, except as hereinafter provided. A lot created after the effective date of the ordinance from which this chapter was derived shall meet at least the minimum requirements established by this chapter for the district in which such lot is located, except as provided in section 19-133.
(c)
In no instances shall the floor area ratio of development exceed three.
(Rev. Ords. 1987, § 19-134; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-135. - Use of required yards.#
Yard regulations shall apply to that open area on the same lot with a principal building or structure and accessory structure located between the lot lines and the minimum setback lines which shall be unobstructed by buildings or structures from the ground to the sky, except as hereinafter provided. (1)
In any district, the front yard as established in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures other than signs, poles, ornamental and similar structures and shall not be used to fulfill the off-street parking, loading or unloading requirements of this chapter or for outdoor storage or display, except that a driveway and walkways may be located in any required front yard. Parking in the front yard setback shall not exceed one-third of the overall lot width for one and two-family dwellings only. For residential structures only, a handicapped access ramp may be located within the required front yard. No fence or similar screen of solid appearance in a residential district shall exceed four feet in height where located in the required front yard or along property boundaries contiguous to the required front yard.
(2)
In any district, the side and rear yards as established by the minimum required setback in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures except as hereinafter provided. For residential structures only, a handicapped access ramp may be located within the required side and rear yard setback. (See section 19-144 for regulations pertaining to accessory uses and structures.
(3)
Off-street parking, loading or unloading area in conformance with sections 19-276 through 19-284 or 19-285 through 19-290 and accessory to a permitted use located on the premises may be located within the required side or rear yard, except where such yard is located in a commercial or industrial district and abuts a residential or open space district, only if necessary to meet the minimum requirements of such sections as determined and approved by the zoning officer and city traffic engineer.
(4)
In any district, any portion of a required yard not developed for a use expressly permitted under the terms of this chapter shall be landscaped and maintained to enhance the premises and to be attractive and acceptable to the neighborhood.
(5)
No fence or similar screen of solid appearance in a residential district shall exceed six feet in height where located in the required rear yard or side yard or along property boundaries contiguous to the required rear yard or side yard when said boundary abuts another residential use. For a boundary between a residential and commercial or industrial use no fence or similar screen of solid appearance shall be less than six feet nor more than ten feet in height. These restrictions shall not apply to plantings such as arborvitae or other similar trees or shrubs. Said height shall be measured from the existing grade at the rear and side lot lines.
(Rev. Ords. 1987, § 19-135; Ch. 82, § I, 8-10-99; Ch. 146, § VII, 10-23-00; Ch. 198, § V, 2-19-02; Ch. 642, § VI, 3-15-16)
Sec. 19-136. - Minimum setback measurements.#
(a)
The minimum front setback requirements of section 19-145 shall be measured along a line parallel to the lot line at the minimum distance of the required setback. If 75 percent or more of the block frontage of the same street is improved with buildings, the front setback shall extend to the average alignment of such buildings.
(b)
The minimum side and rear setback measurement of section 19-145 shall be measured parallel to the lot line at the minimum distance of the required setback. Where no minimum side setback is required by section 19-145 but where a side setback is actually provided, such side setback shall not be less than five feet.
(c)
Notwithstanding other provisions of this chapter, for any building or structure, the minimum front, side and read setback as required in section 19-145 shall be increased by three feet for each full floor level over the first two floor levels.
(Rev. Ords. 1987, § 19-136; Ch. 194, § II, 12-18-01)
Sec. 19-137. - Front, side and rear yards on abutting lots in adjacent districts.#
(a)
Notwithstanding other provisions of this division wherever a lot or parcel of land in a commercial or industrial district abuts a lot or parcel of land in a residential district fronting on the same street, the lot or parcel of land in the commercial or industrial district shall have at least one-half of the front setback as required in the adjoining residential district but not less than that required in the commercial or industrial district.
(b)
Notwithstanding other provisions of this chapter wherever a lot or parcel of land in an R-5 district, any commercial district or an I-1 district abuts a lot or parcel of land in a residential district, the side and rear yard setback on the lot or parcel in the R-5, commercial, or I-1 districts shall be measured at least 30 feet from the property line along that portion of the lot or parcel that abuts the residential district.
(c)
Wherever a lot or parcel of land in an I-2 general manufacturing or an I-3 heavy manufacturing district abuts a residential district, the principal building or structure on the lot or parcel in the I-2 or I-3 district shall be set back at least 50 feet from the property line along that portion of the lot or parcel that abuts the residential district.
(Rev. Ords. 1987, § 19-137)
Sec. 19-138. - Side yards.#
(a)
Side lot line. Notwithstanding any other provisions of this chapter, no side lot line shall be less than 80 feet. In the case of corner lots, which meet all other dimensional requirements and have a side lot line serving in accordance with subsection (b) of this section and section 19-141(c) as a rear lot line, this side lot line may be less than 80 feet but not less than 50 feet.
(b)
Use of side yard as rear yard. Where under the definition a rear yard is not possible as in the case of a corner lot, one side yard shall be designated as a rear yard and shall conform to all regulations of this chapter pertaining to rear yards.
(Rev. Ords. 1987, § 19-138)
Sec. 19-139. - Number of structures.#
Not more than one structure used for residential purposes shall be built upon any single lot in any R-1, R-2, R-3, R-4 or R-6 district. This regulation shall not apply to any accessory dwelling unit permitted under these regulations.
(Rev. Ords. 1987, § 19-139; Ch. 184, § II, 11-6-01; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-140. - Measurements.#
(a)
Lot frontage. Lot frontage shall be measured along the street right-of-way line between the side lot lines and shall be not less than 40 feet. Where all frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.
(b)
Lot depth. Lot depth shall be measured from the front lot line to the rear lot line; this distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.
(c)
Lot width. Lot width shall be measured as the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.
(Rev. Ords. 1987, § 19-140)
Sec. 19-141. - Corner lots and through lots.#
(a)
Corner lots—Setbacks. For corner lots, those lots which abut on and at the intersection of two or more streets and/or road rights-of-way, lot frontage shall be considered for the purposes of determining setbacks to be two or more front lot lines which shall all meet the minimum front setback requirements of section 19-145.
(b)
Corner lots—Lot depth and width. Lot depth for corner lots may be measured from any front lot line measuring as indicated in lot depth, to a side lot line considered under this measurement to be a rear lot line. Lot width for corner lots shall be measured as indicated under lot width.
(c)
Use of side yard as rear yard. Where in the case of a corner lot there is no apparent rear lot line, one side lot line shall be designated as a rear lot line and shall conform to all regulations of this chapter pertaining to rear yard setbacks.
(d)
Through lots—Setbacks. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, the lot shall be considered for the purposes of determining setbacks to have two front lot lines which shall both meet the minimum front setback requirements of section 19-145.
(e)
Through lots—Depth. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, depth shall be measured for lots with parallel front lot lines, as the distance measured from the front lot line to front lot line, the distance shall be the shortest distance. For lots where the front lot lines are not parallel, the lot depth is an average which shall be measured from midpoint to midpoint of the front lot lines.
(f)
Through lots—Width. Width shall be measured as indicated under lot width at the minimum front setback from either front lot line.
(Rev. Ords. 1987, § 19-141)
Sec. 19-142. - Determination of uncertain locations.#
Where the location of a lot width or lot depth line or a front, side or rear lot line is otherwise uncertain, the zoning officer shall determine their position in a manner complying as closely as possible with the requirements of this chapter.
(Rev. Ords. 1987, § 19-142)
Sec. 19-143. - Obstructing vision at corner lots.#
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 30 feet from the point of the intersection.
(Rev. Ords. 1987, § 19-143)
Sec. 19-144. - Accessory buildings and structures.#
(a)
All residentially used or zoned lots shall contain no more than three accessory sheds and one accessory garage. No accessory building or structure shall be located nearer than five feet from a principal building unless such accessory building or structure is attached to the principal building.
(b)
An accessory building, structure or use conforming to section 19-171 may be located within the required side yard setback and rear yard setback, provided it shall not be nearer than five feet from any lot line. A garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances are permitted when such uses are accessory to a nonconforming residential use. In-ground and above-ground swimming pools, however, shall not be located nearer than six feet from a lot line per section 421.4 (locations) of the BOCA Code.
(c)
An accessory building, structure or use conforming to section 19-171 shall be limited to no more than 20 feet in height, except as provided as follows:
An accessory structure which is attached to a principal structure may be treated as a principal structure in terms of height requirements provided the setback requirements applicable to a principal structure are met.
(Rev. Ords. 1987, § 19-144; Ch. 52, § I, 2-3-99; Ch. 216, § II, 6-18-02; Ch. 642, § VII, 3-15-16)
Sec. 19-145. - Schedule.#
The following is the schedule of area requirements: Minimum Lot
Requirements Minimum Front,
Side and Rear Yard
Requirements Maximum
Height of
Building Maximum
Percent of
Coverage*
District Area
in
Square
Feet Width
in
Feet Depth
in
Feet Front
in
Feet Each
Side
in
Feet Rear
in
Feet Story Feet Percent+
Residential 1 18,750 125 150 30 25 30 2 35 20
Residential 2 10,000 100 100 25 20 25 2 35 25
Residential 3 7,500 75 100 20 15 25 2 35 25
Residential 4 5,000 50 100 15 8 20 2 35 25
Residential 5 7,500 75 100 20 15 25 3 40 25
Residential 6 5,000 50 100 15 8 20 3 40 25
Open Space 1 100,000 250 300 50 50 50 2 35 10**
Commercial 1 10,000 100 100 15 10 20 3 40 35
Commercial 2 5,000 50 100 5 — 20 3 40 60
Commercial 3 10,000 100 100 5 — 20 3 40 60
Commercial 4 15,000 100 100 15 15 20 2 30 50
Commercial 5 10,000 100 100 10 10 15 2 30 50
Industrial 1 30,000 150 150 25 20 25 3 40 40
Industrial 2 40,000 175 200 30 20 20 4 60 60
Industrial 3 60,000 200 250 30 20 20 4 60 60
* Including accessory building.
** Maximum percent of coverage in the OS1 District shall be 20 for educational institutions.
+ In addition to lot building coverage, every parcel shall also be subject to a maximum percentage of impermeable surface coverage. The maximum amount of the site that may be covered by an impermeable surface shall be determined by adding 20 percent of the site area to the maximum percent of lot building coverage as established by section 19-145. For the purposes of calculating the amount of impermeable surface coverage, impermeable surfaces shall include all roads, driveways, parking areas, buildings, loading areas, decking, pools, and other impermeable construction covering the natural landscape.
(Rev. Ords. 1987, § 19-145; Ch. 52, § II, 2-3-99; Ch. 194, § III, 12-18-01; Ch. 867, § V, 12-20-22; Ch. 914, § I(Att.), 12-19-23)
_____
Sec. 19-146. - Reserved.#
Editor's note— Ch. 453, § VII, adopted July 15, 2008, repealed § 19-146, which pertained to area requirements for port district and derived from Rev. Ords. 1987 § 19-146. See also the Code Comparative Table.