These terms include the words "intended, designed or arranged to be" (used or occupied). NOISESENSITIVE ACTIVITIES. Please contact the Zoning Enforcement Officers with any further questions. 442, "Seismic Effects of Quarry Blasting," on any structure. Example in box below. Register with the State of Rhode Island. Barbed wire fences are prohibited in residential districts, and prohibited in other districts unless they are in full compliance with R.I. Gen. Laws Title 34, Chapter 10, 2 - 5. (G) Determination of modification of a granted variance shall be made in accordance with the rules and procedures set forth in the section for original applications. Definitions of technical terms used in this subchapter, which are not herein defined, shall be obtained from publications of acoustical terminology issued by A.N.S.I. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. The following schedule sets forth the minimum and/or maximum dimensional regulations for uses permitted in the various zoning districts. USED and OCCUPIED. Laws 42-63.1-14 entitled Offering residential units through a hosting platform. The statute states, in part, Any short-term rental property listed for rent on the website of any third-party hosting platform that conducts business in Rhode Island shall be registered with the Department of Business Regulation.. The Town of Middletown, Rhode Island. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. Subdivisions in residential zoning districts R-40 and R-60 would be exempt from the zoning amendment due to their rural nature and the fact that they do not have public water and public sewer hookups. Gravel processing and outdoor bulk storage operations shall not take place outside the hours of 7:00 a.m. to 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday. 442 shall be used to compute all values for the enforcement of this regulation. A windscreen for the microphone shall be used when required. RESIDENTIAL PROPERTY. (A) With the exception of sound levels elsewhere specifically authorized or allowed in this subchapter, the following table sets forth the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use: (B) Notwithstanding any other provision of this subchapter, the maximum permissible sound levels, at all times, allowed at or within the real property of a receiving land use, shall be 55 dBA, for sound levels emitting from any business with a liquor license. Register with the State of Rhode Island Click here to Link to State Registration Website 2. This setback applies to building and accessory structures only. When filling out the application for Short Term Rentals on the Town of Middletown E-Permitting Portal there is a question asking for your State of Rhode Island Short Term Rental Registration Permit #. Ord. 1,270.05/square mile, American Planning Association In all zoning districts, fences, hedges, and walls are permitted only in accordance with the provisions of this section. Advertisement shall be made at least once, seven days prior to the public hearing, in a newspaper of general circulation in the town. ZONING DISTRICT DIMENSIONAL REGULATIONS Zoning District and Use Minimum Lot Size Maximum Percentag e of Lot to be Occupied Maximum . The Building Department directs applicants for any building project through the requirements of zoning, the permitting process, plan review, and the necessary inspections for any given project. Land Evidence The Land Evidence records are public and pertain to the purchase/sales, liens/releases, easements, subdivision maps, and other miscellaneous documents concerning real estate and mobile homes, within the Town. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. Social Media. (B) Testing of a stationary emergency signaling device will occur at the same time of day each time the test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. (B) The provisions of this subchapter which prohibit a person from making or continuing noise disturbances, or causing the same to be made or continued, across a real property boundary or within a noise sensitive area, shall be enforced by the Police Department or any other town department or division designated by the Director of Public Safety. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. . 725). No person shall operate, play or permit the operation or playing of any drum, musical instrument or similar device which produces sound in such a manner as to create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area. - BUILDINGS AND CONSTRUCTION Chapter 15.04. Chapter 17.20. (A) No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, except where such vehicle is standing within a completely enclosed structure. Any property on which is located a building or structure used wholly or partially for living or sleeping purposes. The methods and equations of said Bulletin No. The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one person from that owned by another. Middletown officials are looking at a zoning ordinance to increase the affordable housing stock in town. (A) Any applicable commercial or manufacturing operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. 2018-10, passed 4-17-18; Am. (C) Powered Model Vehicles. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms. Fire Safety Tips. These documents should not be relied upon as the definitive authority for local legislation. You can apply for a permit online. A-SCALE (dBA). Such noise shall be measured at a distance of not more than 50 feet from the center line of travel under test procedures established by (D) below. 725). Your California Privacy Rights / Privacy Policy. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Social Media. *There may be discrepancies in the code when translating to other languages. Online Mapping (GIS) Middletown Shares. version: Jul 24, 2023 (current) THE CITY OF NEWPORT, RHODE ISLAND modified SUPPLEMENT HISTORY TABLE CHARTER 17.16.070. visit Middletowns short-term rental website. (B) Outdoor storage of bulk materials. For complete and detailed information on these requirements, including parking and occupancy limits, please refer to the town's ordinance. Any contrivance used, or capable of being used, as a means of transportation or recreation on water. The level is designated db(A) or dBA. The Rhode Island General Assembly enacted R.I.Gen. (B) No person shall operate, within the speed limits specified in this division, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in the table in (C) below for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicle or vehicles are operated. Wolanski noted state law 45-24-46.1 allows municipalities to adopt this type of requirement, which is intended to help the town reach the states mandated level of 10% affordable housing in every municipality. To apply online, please visit Middletowns short-term rental website. If the frequency weighting employed is not indicated, the A-weighting shall apply. A. (H) Dust control. Ground-mounted solar collectors are not permitted in residential or open space districts and require special use permits in other districts (Sec. This section shall not apply to delivery or pick-up vehicles that require the operation of the engine to unload or load their vending loads. Please note that the English language version is the official version of the code. 1. Community Calendar Step-By-Step Guidelines. PERSON. MIDDLETOWN, R.I. (WPRI) Residents voiced their concerns about short-term rentals during a Middletown Town Council meeting Monday, arguing that more needs to be done to mitigate what they. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. The instrument shall be maintained in calibration and good working order. 205 N. Michigan Ave., Suite 1200 DECIBEL (dB). Ord. (They will meet on Wednesday, April 12 but will not discuss inclusionary zoning.) The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. (C) Variances for sound sources covered by this section, may be granted by the Town Council. 130.83 MUSICAL INSTRUMENTS AND SIMILAR DEVICES. Outdoor storage of bulk materials as defined in 400 of this chapter shall be permitted only as an accessory use to the primary uses specified in 602 which specifically includes outdoor storage of bulk materials, and only upon issuance of a special use permit by the Zoning Board of Review. Town map (via Google Maps) Established in: Town Hall Established in 1639; Incorporated in: 1743; Any area, tract or parcel of land owned by or under the lawful control of one distinct ownership. No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary or in a noise sensitive area. No offsite construction or other alternative means for meeting the inclusionary requirement will be permitted. (E) In determining whether to grant or deny an application, or revoke a variance previously granted, the Town Council shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. Any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry persons, including. Standard 1.4-1971 for sound level meters. IMPULSIVE SOUND. The American National Standards Institute or its successor body. PHYSICAL CHARACTERISTICS OF SOUND. A use of a structure, building or land which was established as a permitted use and which has been lawfully continued pursuant to the Zoning Ordinance of the town, but which is not a permitted use in the zone in which it is now located. 2730 GRAVEL PROCESSING AND OUTDOOR STORAGE OF BULK MATERIALS. 400, Sec. (I) Drainage and sediment control. All dwelling units, rooms or other spaces that are occupied for less than six months must apply for a permit for registration and inspection. followed by a five digit number - STR. Standard 1.4-1971. 603 Dimensional Regulations (setbacks), Home Occupation - Permitted Uses/Districts, Community Calendar Step-By-Step Guidelines. Ord. MIDDLETOWN The Town Council plans to formally discuss on April 5 the formation of a short-term rental task force. 2 See Article 24. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. On November 15, 2021, the Middletown Town Council adopted a short-term rental ordinance. Gravel processing operations and outdoor storage of bulk materials shall comply with and shall not extend into the following setbacks: (F) Height requirements. - BUILDINGS AND CONSTRUCTION version: May 2, 2023 (current) 14.04.030 - MoratoriumMarijuana retail sales. These documents should not be relied upon as the definitive authority for local legislation. When deciding whether to become an Airbnb host, it is important for you to understand the laws in your city. Form of Government: Town Administrator and seven member Town Council. SOUND PRESSURE. The owner and operator of any property containing gravel processing operations and/or outdoor storage of bulk materials shall take adequate steps to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property, and the pollution of ponds and streams, and shall comply with all applicable provisions of Chapters 151 and 153 of this code. SOUND PRESSURE LEVEL. No gravel processing or outdoor bulk storage operations shall be allowed on Sundays or legal holidays. MOTOR VEHICLE. Library. Notify Me. Community Calendar Policies. 5.6). American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. *There may be discrepancies in the code when translating to other languages. Building Official Administrative Assistant. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted. Exterior lighting shall be shielded and directed to the ground and away from all abutting properties and streets, and shall not be discernible at the property line. Standards address height, setbacks, site security, and decommissioning; development plan review is required, and systems are not subject to lot coverage restrictions. Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20x10-6N/m2). (B) Devices used in conjunction with places of religious worship shall be exempt from the operation of this section. 40-43)includes a goal to "increase the supply of workforce housing," including by action H-III.A.1: "consider adopting an inclusionary zoning ordinance with a density bonus." American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Suggestions will show after typing in the search input. All inclusionary units must be constructed as part of the proposed development. Site Map. Every motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels set forth in the table in (C) for 35 mph or less. Click the blue link to access the State of Rhode Island Designation of Agent Nonresident form Designation of Agent Nonresident Landlord form link, Additional Information can be found through the Division of Business Services located at 148 W. River Street, Providence, Rhode Island 02904-2615 Phone: (401) 222-3040 Website: www.sos.ri.gov. Around 40 people had signed up to speak at the special meeting. These documents should not be relied upon as the definitive authority for local legislation. AMBIENT SOUND LEVEL. During the November 6, 2012, General State Election a total of 73 . Home Government Departments Building & Zoning Department Short-Term Rentals Short-Term Rentals Short-Term Rentals are part of the fabric of Middletown. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. PDF documents are not translated. (C) Any person seeking a sound variance under this section shall file an application with the Town Council. All affordable units would be deed-restricted for 99 years. PUBLIC SPACE. But at Monday's council meeting, Middletown Assistant Town Solicitor Marissa Desautel said that "the changes to Newport's ordinance are likely to be challenged.". Livestock farm or animal husbandry services, Private college or university, preparatory school, elementary or secondary school, Private college or university, preparatory school, elementary of secondary school. (2) Work for which a variance has been obtained from the Town Council. The following uses and activities shall be exempt from the noise and vibration level regulations of this subchapter: (A) Noises and vibrations not under the control of the property user; (B) Noises and vibrations emanating from construction activities between 7:00 a.m. and 9:00 p.m.; (C) The noises of safety signals, warning devices, and emergency pressure relief valves; (D) Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads. Title 17. 130.87 STATIONARY NON-EMERGENCY SIGNALING DEVICES. Disclaimer. 130.80 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE. As required by the state law, compensation for the requirement to constructed inclusionary affordable units is provided in the form of a density bonus. (C) The use of domestic power tools or equipment is subject to the noise levels set forth in the table in 130.80. Standard 1.4-1971, or the latest approved revision thereof). NONCONFORMING USE. Gravel processing as defined in 400 of this chapter, with or without outdoor storage of bulk materials, shall be permitted by special use permit in Industrial and Traffic Sensitive Industrial Districts, but shall be prohibited in all other zoning districts. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. B. A. If another individual or organization is charged with managing the property, they must be authorized to answer guest, neighborhood complaints, or police department inquiries. However, prior to the council adopting the new ordinances Wednesday, the city also allowed properties in four residential districts R3, R10, R20 and R40 to operate as short-term rentals as long as they received approval for a special-use permit from the Zoning Board of Review. Create a Website Account - Manage notification subscriptions, save form progress and more. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. (D) Whenever a violation of this subchapter occurs and two or more persons are present in or on the lot from which the sound emanates and it is impossible to determine which of said persons is the violator, the owner of the lot shall be presumed responsible for the violation if present; in the absence of such owner, the tenant or tenants of such lot or any person present with the direct consent of the owner shall be held responsible for the violation. (C) Hours of operation. If the suggestion is a link, the browser will navigate to that page. With the exception of household pets, no livestock or poultry are to be kept on any lot of less than three acres in size. The number will start with RE. The use or occupancy of the property which receives the transmission of sound. The following schedule sets forth the minimum and/or maximum dimensional regulations for uses permitted in the various zoning districts. An accurate site plan, satisfactory to the Building Inspector, showing the location of the fence or wall in relation to all property lines must be submitted with the application. Any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town. Towns of Portsmouth, West Warwick, and Middletown and city of Woonsocket--Vicious dog ordinance: Gen. Laws, 1956, 4-13-1.1 : This Rhode Island statute provides that the town councils of the towns of Portsmouth, West Warwick and Middletown may, by ordinance, provide that the owner or keeper of any dog that . Chicago, IL 60601-5927, Phone: 312-431-9100 PUBLIC RIGHT-OF-WAY. Middletown, RI 02842. No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. ZONING DISTRICTS. Use the up and down arrows to review. (A) If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified by A.N.S.I. (D) All applications for sound variances shall be subject to a fee of $50 per day if granted and, whether granted or denied, an amount sufficient to cover the cost of advertising and notification to all residents and property owners within 100 feet of the real property boundary from which the noise source emanates. Abutting "platted lots" under the same ownership shall be considered a "lot." No fence, wall or hedge shall be located so as to encroach on any public right of-way or interfere with existing utilities or drainage patterns. Any motor-operated vehicle licensed for use on the public highways. Chapter 1202: General Provisions Rear yard in Light Industry and Business Districts. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The ordinance requires that the short-term rental must be managed by an individual or property management company located within 10 miles if the property owner isnt available. (11) Building, accessory: A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building Middletowns planning board held a special meeting and public workshop to discuss and solicit public feedback about a significant draft amendment to the town zoning ordinance. No person shall operate or permit the operation of a powered model vehicle in a public or private space out of doors or within a noise sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following day. A sound whose level remains essentially constant (+/-2 dBA) during the period of the sound level meter. - ZONING Chapter 17.20. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings given. The following schedule sets forth the minimum and/or maximum dimensional regulations for uses permitted in the various zoning districts. (b) Semi-detached: A building which has only one party wall in common. Jobs & Careers. Beaches. Those districts established in the Zoning Ordinance and indicated on the Official Zoning Map. Title 15. (G) Screening requirements. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. (E) In the case of continuing violations, the Town Solicitor may institute an action for injunctive relief against the owner and/or tenant of the lot. Hedges shall be maintained so as to not encroach on the public way, to provide adequate visual clearance for motorists and to not impede pedestrians. passed 10-30-06; Am. - Manage notification subscriptions, save form progress and more. The mission of the Building Department is to provide a high level of service to the taxpayer while ensuring the health, safety, and well-being of the citizens of the town. Any motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground. (G) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real property boundary or in a noise sensitive area. (1)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: (2)Hedges are permitted at any height. State Laws and Published Ordinances - Rhode Island Current through Chapter 79 of the 2020 Session Office of the Attorney General 150 South Main Street Skip to code content (skip section selection), TOWN OF MIDDLETOWN, RHODE ISLAND CODE OF ORDINANCES. No person shall own, possess or harbor any animal or bird which frequently or for a continued duration emits sound that is native to the species, which sound exceeds the dBA levels set forth in the table in 130.80. Sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as "whine," "hiss," "toot," or "wail;" or a sound whose frequencies occupy an octave band or less. Most fit seamlessly into the community, but on occasion, issues arise. Additional Resources Create a Website Account - Manage notification subscriptions, save form progress and more. (A) The Police Department, upon written application, shall have the authority, consistent with this section, to issue to each property in the town not more than one permit per year,provided any such permit is limited in duration to a period not to exceed 12 hours. - Use regulations. If passed, the new inclusionary zoning ordinance would require the building of affordable housing stock alongside market-rate residential units in any large development proposed for most of Middletowns residential and limited business zones. Short-Term Rental Registration is NOW open. Canvassing Authority / Voter Registration, Community Calendar Step-By-Step Guidelines. 40-43)includes a goal to increase the supply of workforce housing, including by action H-III.A.1: consider adopting an inclusionary zoning ordinance with a density bonus., The Comprehensive Plans goal H-V is appropriately site affordable housing, including action H-V.A.1 Ensure affordable units are integrated with market-rate units in new developments whenever feasible, to avoid the concentration of (affordable) units in specific areas of town.. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. (E) Every motor vehicle and motorcycle shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels set forth in the table in (C) above. The Town of Middletown provides quality curbside removal service of refuse, recycling and yard waste with emphasis on recycling by using a Pay-As-You-Throw program. Attached form is designed to meet minimal statutory filing requirements pursuant to the relevant statutory provision. Applicants for sound variances and persons contesting sound variances may be required to submit any information that the Town Council may reasonably require. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in A.N.S.I. The term shall include motorized bicycles. If you have questions, contact the Town of Middletown, or consult a local lawyer. The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources. CONSTRUCTION. All departments and agencies of the town shall carry out their programs in furtherance of the policies set forth in this subchapter. or its successor body. All rights reserved. Fines for not registering or violating other regulations may result in a fine of up to $1,000. 602). All fences and walls shall be maintained in good repair. - R-10 RESIDENTIAL DISTRICT 17.20.020. By clicking the name of a town or city below, you will be able to search its database of municipal ordinances. PDF documents are not translated. For purposes of this section, a sound level meter shall contain at least an A-weighted scale and both fast and slow meter response capability. Town of Middletown 350 East Main Road Middletown, RI 02842 Phone: 401-842-6500; Quick Links. The sound variance shall not become effective until all conditions are agreed to by the applicant. The table below applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of the town code relating to motor vehicle muffler or noise control: Any motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more and any combination of vehicles towed by such motor vehicle, Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle. Meetings held: The first and third Monday of each month at 7:00 pm. (F) No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified.
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