2025-12 An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”, §602 Schedule of District Regulations-Uses and Districts, Article 4 Definitions, §400 Definitions, § 703 Accessory Uses and Structures, § 728 Home Occupation and § 1308 Parking Restrictions.
Middletown
Ordinance
ORDINANCE OF THE
TOWN OF MIDDLETOWN, RHODE ISLAND
AN ORDINANCE AMENDING THE TOWN CODE OF THE
TOWN OF MIDDLETOWN
TITLE XV: LAND USAGE
Chapter 152, Zoning Code
NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:
FIRST: That Town Code Title XV, Chapter 152, Entitled “Zoning Code” Section 602 is amended as indicated in the attached table (language to be deleted is [stricken] out within brackets; language to be added is underlined)
SECOND: That Town Code Title XV, Chapter 152, Entitled “Zoning Code”, Article 4 – Definitions, Section 400 is amended as follows (language to be deleted is [stricken] out within brackets; language to be added is underlined):
ARTICLE 4 DEFINITIONS
§ 400 DEFINITIONS
FARM-PROMOTION ACCESSORY USE. An accessory use which is not customarily incidental to a use permitted as an agricultural use under § 602 but which tends to preserve and/or promote the use of land for farming and is clearly incidental and subordinate to the primary agricultural use. Farm-promotion accessory uses include: equipment and trade fairs, farmers’ markets, product stands, mobile food establishments, farm guest houses, livestock sales and auctions, and, when conducted in a farm setting, arts and crafts shows, banquets, corporate functions, and weddings.
HOME OCCUPATION. Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit, subject to the conditions of §728 following conditions:
(a) The activity is carried on by a member of the family residing in the dwelling unit;
(b) The activity is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
(e) Conforms to the following conditions:
1. No person who is not a resident member of the family shall be employed in the home occupation;
2. There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building;
3. No vibration, dust, odors, heat or glare or offensive noise shall be produced;
4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected from a single dwelling unit in a residential neighborhood; and
5. Any parking required for the conduct of such home occupation shall be provided off the street.
THIRD: That Town Code Title XV, Chapter 152, Entitled “Zoning Code”, Section 703 is amended as follows (language to be deleted is [stricken] out within brackets; language to be added is underlined):
§ 703 ACCESSORY USES AND STRUCTURES.
(A) Except as otherwise provided in divisions (F) and (G), an accessory use which is clearly incidental and secondary to the principal permitted use, or use permitted as a special 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 feet to a principal building unless such accessory buildings or structure are structurally attached to the principal building except for solar carports or canopies as described in § 725.
(C) Regardless of the provisions of Table of Zoning District Dimensional Regulations concerning Accessory Buildings - Minimum Distance in Feet to Side Lot Lines and Rear Lot Line, § 603, 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 five 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 the Table.
(D) No accessory building or structure, except signs as allowed by Article 12, satellite dish antennas and communication towers as allowed by Article 25, and solar carports or canopies as allowed in § 725 shall be located in any
farm, and a product stand with a building of 150 square feet or less as set forth in § 722 hereof, shall be permitted by right. Such uses are subject to applicable requirements and conditions of farm-promotion accessory uses, as well as to any conditions imposed by the Board under conditions on variances and special use permits.
(G) A tent erected and maintained for not more than 30 days, or for up to nine months under successive licenses issued by the Building Official under the tent chapter (Town Code, Chapter 101), shall be considered an accessory structure and shall be allowed as a matter of right in all districts. All other tents exceeding 120 square feet in area shall require a special-use permit from the Zoning Board of Review, which is expressly authorized, after considering the requirements for special-use permits under § 902, to allow the tent to be located on the lot containing the principal use or on an undeveloped lot.
FORTH: That Town Code Title XV, Chapter 152, Entitled “Zoning Code”, Article 7 is amended by adding new section 728 as follows (language to be added is underlined):
§ 728 Home Occupation
A home occupation is a permitted use in all zoning districts subject to the following conditions:
(a) The activity is carried on by a resident of the dwelling unit;
(b) The activity is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
(c) Conforms to the following conditions:
1. No person who is not a resident of the dwelling unit shall be employed in the home occupation;
2. There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building;
3. No vibration, dust, odors, heat or glare or offensive noise shall be produced;
4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected from a single dwelling unit in a residential neighborhood; and
5. Any parking required for the conduct of such home occupation shall be provided off the street.
FIFTH: That Town Code Title XV, Chapter 152, Entitled “Zoning Code”, Article 13 – Off-street parking & loading, is amended by adding new section
SIXTH: This ordinance shall take effect upon adoption and its provisions shall supersede any inconsistent or contrary provision in any other ordinance.
*Amended by Council (Proposed amendments in Use Table for Multifamily dwelling structure dwelling units per structure and Multifamily dwelling project, including condominiums were not adopted.)
MARCH 17, 2025
READ AND ADOPTED IN COUNCIL, AS AMENDED
Wendy J. W. Marshall, MMC
Town Clerk
Proposed Zoning Use Table Amendments Draft 12-10-24
Middletown, RI Code of Ordinances
§ 602 SCHEDULE OF DISTRICT REGULATIONS - USES AND DISTRICTS.
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permitted
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB LF LP OP OS P MT ABD Reference
NOTES:
AGRICULTURAL
Livestock farms excluding raising swine, which is prohibited
Y Y Y N N N N N N N N N N N Y Y N N N
Licensed kennels for the raising, boarding and care of dogs, cats or other fur-bearing animals
NS N N N N N S N N S N N N N N N N N
RESIDENTIAL - Conventional Development
Two-family dwellings
N NS NS SY SY Y N N N N N N N N N N N
*Multifamily dwelling structure (3) - 6-12 dwelling units per lot structure)
See §§ 1600–1609
N N N NS NS S S S NS N N N N N N N N N N N N
*Multifamily dwelling project, including condominiums
See §§ 1600–1608
N N N N NS S S N N N N N N N N N N N N N
Refer to § 725 and Article 23 of this chapter for use and design restrictions and performance standards applicable to uses in light industrial districts.
2 (Abutting Residential) Light industrial (adjacent to residential) is not a separate zoning district. It is a subset of light industry and is shown here for clarity only.
3 Refer to Article 25A of this chapter for use restrictions, design standards and application procedures for wind turbines.
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permited
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB L1 L2 OP OS P MT ABD Reference
NOTES:
RESIDENTIAL - Conventional Development (Contd)
Mobile home parks
See §§ 2400-2314
N N N N N SN N N N N N N N N Y N See §§ 2300-2314
Institutional dormitory as a principal or accessory use
N N N N N S S S S N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
Cluster development
N N ¥ ¥ ¥ N N N N N N N N N N N N N N N N N N N N N N N N N N
Time share unit within a multifamily dwelling structure or project, except with a cluster-development
N N N N N N N N N N N N N N N N N N
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permited
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB L1 L2 OP OS P MT ABD Reference
NOTES:
RESIDENTIAL - Conventional Development (Contd)
Congregate housing
S S S S S S N N NS NS N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
EXTRACTIVE AND INDUSTRIAL NON-MANUFACTURING
Construction general contractors—including storage of materials and equipment, but excluding outdoor.
Proposed Zoning Use Table Amendments Draft 12-10-24
storage of bulk materials
Cleaning and drying plant
Parking or outdoor storage of more than one commercial vehicle over 1¼ ton capacity
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permitted
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB Li² Li³ OP OS P MT ABD Reference
NOTES:
EXTRACTIVE AND INDUSTRIAL NON-MANUFACTURING (Cont'd)
Miscellaneous Construction general and special trade contractors with outdoor storage, but excluding outdoor storage of bulk materials
N N N N N Y Y N Y Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
Miscellaneous Construction general and special trade contractors with outdoor storage, including outdoor storage of bulk materials
N N N N N N N N N N Y Y N Y N N N N N N N N N N N N N N N N
Construction general contractors—including storage of materials and equipment—including outdoor storage of bulk materials
MANUFACTURING
Food and beverage and related products including meat products, dairy products or bakeries, scanning, preserving and miscellaneous food processing, no retail sales
Brewery/distillery up to 20,000 sq ft. with retail sales and/or tasting room required
Brewery/distillery over 20,000 sq ft. with retail sales and/or tasting room required
Lumber and wood products including furniture and fixtures_Plastics molding_extraction and/or assembly of plastic parts_Rubber_leather_stone_clay_or glass products
Plastics molding_extraction and/or assembly of plastic parts
Rubber_leather_stone_clay or glass-products
Proposed Zoning Use Table Amendments Draft 12-10-24
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB LF LP OP OS P MT ABD Reference
NOTES:
| | | | | | | | | | | | | |
| :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: |
| TRANSPORTATION, COMMUNICATION AND UTILITIES | | | | | | | | | | | |
| Large Solar Energy System | N | N | N | N | S | S | S | S | S | SN S S | N |
| Small Solar Energy System | S | S | S | S | S | S | S | S | SN S S | S |
| Warehousing, self-storage, public and private | N | N | N | N | ¥ S | S | N ¥ ¥ S | N ¥ ¥ S | N ¥ ¥ N |
WHOLESALE COMMERCIAL
Warehousing, self-storage, public and private
N N N N N N Y S N Y S N N N N N N N N N N N N N N N N N N N N N N N N N N
RETAIL COMMERCIAL
General merchandise retailing activities, including department stores (storage areas not to exceed 30% of gross floor area) over 20,000 sq. ft.
Small-scale shopping center
N N N N N N YS YS N N N N N N S See SS. 1800 - 1811
Auto dealers, trailers (new and used), tire, battery, accesses, dealers
N N N N N N Y Y N N N N N N N N N N N N N N N N N N N
Gasoline or electric vehicle service station (minor repairs only)
N N N N N N S S S S S S S S S S S S S S S S S S S S S S S S S
Proposed Zoning Use Table Amendments Draft 12-10-24
convenience store
Supermarkets
Convenience stores—delicatessens, fish markets, fruit and vegetable markets, bakeries, dairy products stores
N N N N N N N ¥ N N N N N N N N N N N N N N N N
N N N N N N N N ¥ ¥ N N N N N N N N N ¥
Commercial greenhouse under 20.000sf
N N N N N N N N Y Y Y N N N N N N N N N
Commercial greenhouse over 20.000sf
N N N N N N N N Y Y Y N N N N N N N N N
Luncheroom-or-F restaurant (no alcoholic beverages) hours of operation 7AM-7PM
N N N N N N N Y Y Y S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S
Luncheroom-or-F restaurant (no alcoholic beverages) hours beyond 7am-7pm
N N N N N N N Y Y S S S S S S S S S S S S S S S S S S S S S S S S S S S S
Luncheroom-or-F restaurant (alcoholic beverages)
N N N N N N N Y Y S S S S S S S S S S S S S S S S S S
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permitted
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LIB OB LF OP OS P MT ABD Reference
NOTES:
RETAIL COMMERCIAL (Contd)
Packaged wine, beer or liquor store
N N N N N N N Y Y Y N N N N N N Y Y
Retail outlet for wholesale, storage or manufacturing use up to 20.000
Proposed Zoning Use Table Amendments Draft 12-10-24
floor area)
Retail outlet for wholesale, storage or manufacturing use over 20,000 sf (provided that floor area devoted to such retail selling shall not exceed 25% gross floor area.)
PERSONAL SERVICES
R60 R40 R30 R20 R10 RM GB LB OB LF LF OP OS P MT ABD Reference
N N N N N N Y S¥ N N N N N N N N N N N N N N N N N N N N N N N N N N N
Mortuary or funeral home without cremation services
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permited
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB LF LF OP OS P MT ABD Reference
NOTES:
BUSINESS SERVICES
Automotive repair, service and garages, vehicle body shop and welding 7,500 sq. ft. or less
N N N N N N N S S N Y S N N N N N N N N N N N N N N N N N N N N N N N N N N
Automotive repair, service and garages, vehicle body shop more than 7,500 sq. ft.
PROFESSIONAL SERVICES
Proposed Zoning Use Table Amendments Draft 12-10-24
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permitted
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB LP OP OS P MT ABD Reference
NOTES:
PROFESSIONAL SERVICES (Cont'd)
Sales and service offices for fuel oil and bottled gas dealers including parts and repairs but excluding storage and distribution of the product on the premises
N N N N N N Y $Y N Y S N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
INDOOR COMMERCIAL AMUSEMENT SERVICES
Motion picture/performing arts theaters_50 seats or less
N N N N N Y Y N N N N N N S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S
Motion picture/performing arts theaters_more than 50 seats
COMMERCIAL OUTDOOR RECREATION
Tennis/other outdoor court games
N N N N N N S SN S N N N N N S
ACCESSORY USES
Accessory use customarily incidental to a use permitted in the district and located on the same lot as the principal use
¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥
Accessory use customarily incidental to a use permitted as a special use exception in the district and located on the same lot as the principal use
Proposed Zoning Use Table Amendments Draft 12-10-24
Agricultural awareness programs
¥ ¥ ¥ ¥ ¥ ¥ N ¥ ¥ ¥ ¥ N ¥ ¥ ¥ N ¥ ¥ ¥ ¥
Farm promotion accessory uses
S S S S N N S S S S N S S N S
Product stands for sale of fruit and vegetable produce raised on the premises, including nursery stock (maximum 150 sq ft. permanent structure)
¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ N ¥ ¥ ¥ ¥ ¥
ZONING DISTRICT PERMITTED USES
Y = Permitted S = Special Use N = Not Permited
PRINCIPAL USE
ZONING DISTRICT
R60 R40 R30 R20 R10 RM GB LB OB LF OP OS P MT ABD Reference
NOTES:
ACCESSORY USES (Cont.)
Product stands for sale of fruit and vegetable produce raised on the premises, nursery stock, plants and seedlings raised on off the premises, farm supplies and associated products (permanent structure exceeding 150 sq ft.)
¥ ¥ ¥ ¥ ¥ N N N S S S S N S S N S
Traditional farm-related accessory uses other than product stands
¥ ¥ ¥ ¥ ¥ N N N ¥ ¥ ¥ ¥ N ¥ ¥ ¥ ¥ ¥ ¥ ¥
Home occupation
¥ ¥ ¥ ¥ ¥ ¥ N N N N N N ¥ ¥ ¥
1 Refer to § 725 and Article 23 of this chapter for use and design restrictions and performance standards applicable to uses in light industrial districts.
2 (Abutting Residential) Light industrial (adjacent to residential) is not a separate zoning district. It is a subset of light industry and is shown here for clarity only.
3 Refer to Article 25A of this chapter for use restrictions, design standards and application procedures for wind turbines.