The purpose of supplementary regulations is to set specific conditions for various uses, classification of uses or areas where special regulations apply. (back to top)
The front, side and rear yards as required by Section 603 shall be unoccupied and unobstructed by buildings or structures, except as provided as follows:
A. Ordinary projections of window sills, cornices, eaves and other structural features may extend not more than twelve (12) inches into the space above required yards;
B. Signs as permitted in Article 12;
C. Driveways and walkways;
D. Fences as permitted in Section 705;
E. Accessory uses and structure as permitted in Section 703. (back to top)
In any zoning district other than Residential Multifamily (RM) and Mobile Home/Transient Trailer (MT), not more than one (1) dwelling unit or principal building shall be permitted on a lot, except in the case of motels or hotels, and townhouses in Cluster Developments as further provided in this Ordinance. (back to top)
A. Except as otherwise provided in subsection F, an accessory use which is clearly incidental and secondary to the principal permitted use of the premises or structure shall be allowed; provided, that such accessory use shall be located on the same lot to which it applies.
B. No accessory buildings or structures shall be located nearer than ten (10) feet to a principal building unless such accessory buildings or structure are structurally attached to the principal building.
C. Regardless of the provisions of Section 603 concerning "Accessory Buildings - Minimum Distance in Feet to Side Lot Lines and Rear Lot Line", any accessory structure, having 150 square feet or less floor area with a maximum height of 15 feet shall be permitted to be placed no closer than 5 feet to any lot line in the required rear yard. Provided, however, that no accessory structure, pen or enclosure used for keeping animals shall be permitted closer to a property line than the distance permitted for accessory buildings in Section 603.
D. No accessory building or structure, except signs as allowed by Article 12, and satellite dish antennas and communication towers as allowed by Article 21A shall be located in any required front yard.
E. Vending machines, newsstands, soft drink machines, etc. shall be considered to be accessory structures and shall not be placed within the right-of-way of streets, attached to a utility pole, or located within any required off-street parking and loading facility. Such structures are permitted only if attached to or abutting a building, upon a sidewalk or exterior mall adjacent to a building, or within pedestrian areas associated with a building.
F. Farm-promotion accessory uses are allowed by obtaining a special-use permit from the Board in Review. Such uses are subject to applicable requirements and conditions of Section 723 as well as to any conditions imposed by the Board under Section 905. (back to top)
A. The following structures or parts of structures, when accessory to a permitted or special principal use may be permitted above the maximum height limitations set forth in Section 603, provided they meet all other rear lot, side lot, and front lot requirement of the Ordinance: Flagpoles, chimneys, radio masts, television antennas and water tanks.
B. Structures other than those listed in Section 704A above, may exceed the height limitation provided in Section 603 only upon the granting of a special use permit by the Zoning Board of Review.
C. Structures permitted above the maximum height requirements by the Zoning Board of Review shall be set back from any lot line one additional foot by which the height of each structure exceeds the maximum height limit for the district.
D. For the purpose of side yard regulations, duplex dwellings and townhouse dwellings with common party walls shall be considered as one building occupying one lot: Duplex dwellings and townhouse dwellings. (back to top)
Fences and walls may be permitted in any required yard or along the edge of any yard as follows, not to exceed the maximum height as listed:
| Location | Maximum Height |
| Front and side yards | 6 feet |
| Rear yard in the residential districts | 6 feet |
| Rear yards in the light industry and business districts | 10 feet |
At street intersections no structure shall be erected and no vegetation shall be planted or maintained in such a manner as to obstruct vision between the heights of three (3) feet and ten (10) feet above the triangle formed by the two street lines and a third line joining points on the street lines fifteen (15) feet from the intersection. (back to top)
No disposal trench, disposal bed, cesspool, seepage pit, septic tank, septic field or other facility designed to leach liquid wastes into the soil shall be located:
A. Within 100 feet of a "Fresh Water Wetlands" as defined in Title 2, Chapter 1 of the General Laws of Rhode Island, 1956, as amended, excluding from such definitions:
1. That area of land within fifty (50) feet of the edge of any bog, marsh, swamp or pond; and
2. That area of land within two hundred (200) feet of the edge of any flowing body of water having a width of (10) feet or more; and
3. That area of land within one hundred (100) feet of the edge of any flowing body of water having a width of less than ten (10) feet during normal flow; and
4. That area defined as a "Flood Plain" in said Title 2, Chapter 1.
B. Within one hundred (100) feet of a "River" as defined in said Title 2, Chapter 1. (back to top)
A residence may not be converted to accommodate an increased number of dwelling units unless:
A. A multiple unit dwelling is specifically allowed in that district;
B. Yard dimensions and lot area equals the prescribed dimensions and area requirements for new multiple unit dwelling structures in that district; and
C. The Building Inspector has received an approval permit from the State for sewage disposal facilities or from the Town Council to accommodate a large number of dwellings on the Town sanitary sewer system. (back to top)
The parking or storage of major recreation equipment, which includes travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats and boat trailers but does not include mobile homes, in residential districts, shall comply with the following regulations:
A. Not more than one (1) travel trailer, pick-up camper or coach, motorized dwelling, tent trailer or boat trailer may be parked or stored out-of-doors; provided that such equipment is not more than fifteen feet (15') in height.
B. Not more than one (1) boat may be stored out-of-doors; provided, that such equipment is not more than fifteen feet (15') in height.
C. No major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.
D. No major recreation equipment shall be stored out-of-doors in residential districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so in a six-month period.
E. No major recreational equipment, not owned or operated by a person residing on the premises, shall be parked or stored on a lot in a residential zone for a period longer than seven (7) days in a calendar year. (back to top)
A. Unserviceable or junked vehicles, etc. No unregistered, unserviceable, discarded, worn-out or junked automobiles or trailer of any kind or type or bodies, engines, tires, parts or accessories thereof, shall be parked or stored on any residentially zoned property other than in a completely enclosed building or carport.
B. Commercial vehicles in a residential district. In any residential district, the parking or storage of more than one (1) commercial vehicle of over one and one-half (1 1/2) ton weight capacity shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use of legal nonconforming use on the premises. (back to top)
A. No single or two-family dwelling shall be erected or single-family dwelling converted to a two-family dwelling in such a manner so as to provide living space per family of less than:
(1) Seven hundred-twenty (720) square feet on one floor in a single family one-story structure;
(2) One thousand (1,000) square feet on two floors in a single-family, two or more story structure;
(3) Seven hundred-twenty (720) square feet per family in a two-family structure;
(4) Seven hundred-twenty (720) square feet per family in townhouses with a minimum of four hundred-fifty (450) square feet on the first floor.
B. No multifamily dwelling shall be erected or conversion made from a single or two-family dwelling, in such a manner as to provide space per dwelling unit less than required in the following schedule:
# of bedrooms per dwelling unit Living space in sq. ft. per dwelling unit Efficiency 350 One 500 Two 620 Three 740
A. The removal from any premises of more than three cubic yards of sod, clay, loam, sand, gravel or rock in any one year shall be prohibited except as authorized by the Soil Erosion and Sedimentation Control Ordinance. Nothing herein or in Article 7 shall prevent the continuation of a use of premises for rock quarrying operations existing as of December 3, 1968.
B. The opening of new earth removal pits may be authorized in zoning districts permitted in Section 602 by a special-use permit from the Zoning Board of Review with such restrictions and limitations as the Board may impose; provided, that such pits or excavations shall not be harmful or detrimental in any way to neighboring property. Upon the completion of any earth removal from premises existing prior to December 3, 1968 or authorized by this chapter or the Zoning Board of Review, such premises shall be graded with top soil and seeded in such a manner so as to prevent erosion, the blowing of soil or other harmful or detrimental conditions. Removal of soil or other earth products other than as specifically permitted in this chapter shall be classified as stripping and is hereby prohibited. (back to top)
In any district, the height of any structure or growing thing, hereafter erected or permitted to grown in the vicinity of the Newport State Airport shall not exceed the heights indicated on the map entitled "Airport Approach Plan for Newport State Airport" as filed in the office of the Town Clerk, and as it may be revised from time to time under the provisions of Section 1-3-4 of the General Laws of Rhode Island, 1956, as amended, which map, as amended, is hereby incorporated in and made a part of this section. (back to top)
Private or public swimming pools, capable of containing water to a depth of at least 24 inches or having a surface area of 250 square feet or more, shall be enclosed by an adequate enclosure having a height of at least five (5) feet, surrounding either the property or the pool area. Such enclosure shall be of such construction, including gates, to make the pool inaccessible from the outside to small children. (back to top)
A. An applicant for a building permit shall provide in his plans for adequate stormwater drainage and shall further provide that the rate of runoff from the property shall not increase during construction or after completion of development. If the detention or retention of water is required by the Zoning Officer, then the detention/retention areas shall be provided prior to construction of any buildings or the surfacing of any areas. The applicant shall submit all computations in determining rates of stormwater runoff to the zoning Officer at the time of application for a building permit. The Zoning Officer may forward the computations to the review agency or official designated by the Middletown Town Council for verification and review prior to the issuance of a permit. These computations shall be based upon an analysis of peak discharge from both a two-year, and a ten-year frequency, 24-hour duration, type II distribution storm, and shall use the methodology contained in a report entitled Urban Hydrology for Small Watersheds, Technical Release No. 55, USDA, Soil Conservation Service, 1975, and any subsequent amendments thereto. Where the use of the above report is not practical for reasons based on accepted engineering practice, the Zoning Officer may permit the use of alternate methodologies for calculating stormwater discharge. Provided, however, that such alternate methodologies shall not result in an increase in the rate of said runoff during or after construction. Such application for use of alternate methodologies shall be made at the time of application for a building permit. All computations shall be prepared by an engineer registered in the State of Rhode Island and the engineerís seal shall be affixed to all required documents.
B. The runoff management system, a single component or a combination of components, must properly regulate storm discharges from the site to an outlet capable of handling the design stormwater discharge without significantly causing downstream or off-site flooding, drainage, soil erosion or other runoff-related problems to public or private lands, facilities, or water resources. Provision shall be made for maintenance of all components of the runoff management system at the time of issuance of a building permit therefore. Failure to maintain said system as provided above shall constitute a violation of this Ordinance.
C. The requirements of this section shall apply to all development for which a building permit is required, except the following:
1. Subdivisions approved by the Planning Board in accordance with the Rules and Regulations Regarding the Subdivision of Land, Town of Middletown;
2. All lots in subdivisions approved by the Planning Board on or after March 18, 1980.
3. Development of any kind having a total area of impervious surface on a single lot not greater than permitted in the applicable zoning district as follows:
Zoning District Impervious Surface Allowance RM 20% of the lot GB 20% of the lot LB 20% of the lot OB 15% of the lot LI 10% of the lot OS 10% of the lot MT 10% of the lot
Impervious surface shall include rooftops, structures or paving materials which do not allow penetration of water through it and percolation into the soil, or as further defined in said Technical Release No. 55. (back to top)
A. The minimum front yard requirements provided in Section 603 shall be measured perpendicular to the street line and minimum side and rear yard requirements shall be measured perpendicular from side and rear lot lines, respectively. In the instance of a curved lot line, yard measurement shall be taken along a radial.
B. Lot frontage shall be measured along the street line between the side lot lines and shall not be less than the minimum lot width as specified in Section 603. Provided, however, the Planning Board may, in approving a subdivision, reduce the minimum lot frontage for a lot on a cul-de-sac to no less than fifty feet as provided in the Rules and Regulations Regarding the Subdivision of Land. In the case of a corner lot, the minimum required lot frontage shall be provided on at least one abutting street but the total street frontages shall not be combined to calculate required lot frontage.
C. Lot depth shall be measured from the mid-point of the lot frontage to the mid-point of the rear lot line. In the event of curved frontage, depth shall be measured from the mid-point of the lot frontage.In the case of a corner lot, depth shall be measured from the mid-point of the combined lot frontage of all streets. For lots where the front and rear lines are not parallel, the lot depth is an average of the depth.
D. Lot width shall be the horizontal distance between the side lines of a lot measured at right angles to the lot depth line along a straight line parallel to the front lot line at the minimum front setback line.
E. Rear lot width shall be measured along the line opposite and most distant from the front lot line, or in cases of a triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length, entirely within the lot, parallel to and at a maximum distance from the front lot line.
F. Except in the case of a corner lot as provided in Section 716E above, wherever a rear yard as defined herein is not possible, one side yard as designated may be considered as rear yard and conform with rear yard regulations as required in Section 603.
G. Where the location of a lot width or lot depth line or a front, side or rear yard is otherwise uncertain, the zoning officer shall determine their position in a manner complying as closely as possible with the requirements of this ordinance. (back to top)
The sale or dispensing of food or beverages, or the conducting of any retail, commercial or personal business or professional service from an exterior booth, window or other opening in a building for patrons on foot or in automobiles shall be required to receive a special-use permit from the Zoning Board of Review. Such drive-in facilities shall be permitted only as accessory uses to a lawful principal use. (back to top)
Any land which, at the time of the enactment of this Ordinance, is part of a subdivision which has received final approval from the Planning Board pursuant to the Statutes or Ordinances of the Town, or to the Rules and Regulations Regarding the Subdivision of Land, Town of Middletown, but which, by the adoption of this Ordinance, is in a zoning district requiring larger dimensional regulations under the provisions of Article 6, Section 603, than were required at the time such final approval was granted, may continue to be developed in accordance with the dimensional regulations in effect at the time such final approval was granted but in all other respect the lots in such subdivisions shall be subject to the provisions of this Ordinance. (back to top)
Nothing herein shall be construed to limit or prohibit the use of a single building or structure for multiple uses, provided each individual use is a permitted use within the zoning district in which it is located; or a special-use for which a special-use permit has been granted by the Zoning Board; or a legal nonconforming use. All such uses shall be required to provide off-street parking and loading space for each individual use on a cumulative basis, where applicable. Signs for such mixed uses shall be incorporated into a single sign, or as provided for in Article 12 - Signs; Section 1204 - Design Standards for Specific Types of Signs; Subsection (J) Plaza Signs.
Mixed Residential and Commercial Uses as defined in Article 4 shall be permitted only where allowed in Section 602 by the granting of a special-use permit by the Zoning Board of Review. (back to top)
A. Traffic Sensitive Districts as shown on the Official Zoning Map are established for the following purposes:
1. To facilitate the movement of traffic along major roads in Middletown in a safe and orderly manner;
2. To reduce the number and increase the spacing of driveways which may disrupt traffic flow;
3. To reduce infringement on the rights of the public to travel roadways in a safe manner, while at the same time providing for adequate egress and egress to properties; and
4. To protect the public safety along major thoroughfares in the Town where accidents have frequently occurred.
B. In any Traffic Sensitive District, the minimum lot width/frontage per lot specified in Section 603 shall be 300 feet. All other provisions contained in Section 603 regarding District Dimensional Regulations and all other applicable provisions of this Ordinance shall be required for the corresponding zoning district to which the letter "A" has been added.
C. On any lot existing on the effective date of this Ordinance (the "original lot"), the lot width/frontage may be reduced to the provisions of Section 603, provided:
1. Only one driveway or curb opening onto streets listed in Subsection E of this Section shall be created to serve the original lot; or
2. Future subdivisions or lots created from the original lot shall be served by a single common driveway or curb opening onto the streets listed in Subsection E below; or
3. A public street or street system approved by the Planning Board under the provisions of the Rules and Regulations Regarding the Subdivision of Land shall be created to serve all subsequent lots created from the original lot.
D. Common driveways, rights-of-way or other common means of access to adjacent streets listed in Subsection E below shall be reviewed and approved by the Planning Board before any building permit shall be issued for lots created from the original lot.
E. The frontage/lot width requirements of this Section shall be applicable only to lots having frontage on the following streets:
1. East Main Road (Route 138);
2. West Main Road (Route 114);
3. Valley Road (Route 214); and
4. Aquidneck Avenue (Route 138A) (back to top)
Each commercial building shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste stored on the premises. (back to top)
The purpose of farm-promotion accessory uses is to preserve viable agriculture and the rural character of the town by allowing farmers to conduct supplemental income-producing activities at a scale or intensity that will not unduly change the character of the area. All farm-promotion accessory uses must comply with any conditions imposed by the Board of Review under Section 905; in addition, the uses specified below must satisfy the following requirements:
A. Farm Guest House.
1. No kitchen facilities in guest rooms;
2. Not more than one guest room per acre of land, to a maximum of nine rooms;
3. No guest room shall have less than 400 square feet of floor area;
4. Guestrooms shall not be equipped for or rented to more than two individual guests, except that children 12 or under may accompany their parents in a room;
5. Parking shall be provided according to the following formula:
(a) One parking space per room;
(b) Two parking spaces for the principal residential use;
(c) No RV parking or facilities;
(d) Additional parking for guests, beyond the existing parking area for the principal use, shall not be made of any impervious surface.
6. Where public sewer is not provided, the adequacy of the existing/proposed ISDS and its location in relation to fresh water or coastal wetlands, rivers, streams and other waterways shall be reviewed by the Conservation Commission and an advisory opinion shall be forwarded to the Zoning Board of Review prior to its consideration.
B. Product Stands. One product stand for the sale of agricultural products may be operated on each lot or parcel devoted to an agricultural use permitted under Section 602.
1. Substantially all of the products sold, or the ingredients in the products sold, must be grown or raised on the premises;
2. Nonagricultural products may not be sold without a permit from the Town Council.
3. Product stands must have a front wall area that is at least 50 percent open;
4. Product stands shall be set back at least 10 feet from the nearest public way;
5. Off-street parking shall be provided as follows: one parking space for each non-resident employee and four spaces for customer parking plus one additional space for each 50 square feet of building size above 150 square feet. Parking for product stands shall comply with the requirements of Section 1301 except that the parking area need not be paved and may be located closer than ten feet to the street line.
C. Farmers' Markets. A farmers' market may be conducted on a lot or parcel of five or more acres devoted to an agricultural use permitted under Section 602.
1. The products sold must be grown, raised or processed in Newport County;
2. Non-agricultural products, or agricultural products not grown, raised or processed in Newport County, may not be sold without a permit from the Town Council.
3. A structure used for a farmers' market, if enclosed, must have a front wall area that is at least 50 percent open;
4. A farmers' market shall operate only during daylight hours on one day per week;
5. Off-street parking shall be provided as follows: one parking space for each person selling products plus three spaces per seller for customer parking. Parking for a farmers' market shall comply with the requirements of Section 1301 except that the parking area need not be paved and may be located closer than ten feet to the street line. (back to top)