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Council continues large zoning code update: dark-sky, ADU and technical amendments set for further hearings
Summary
The council held a first public hearing on an extensive zoning-code update, heard a brief presentation on a proposed Dark Sky ordinance and continued most sections for second hearing on March 13 or March 27; councilors removed several sections from tonight’s consideration to allow additional review and scheduled second hearings for the remainder.
The Foster Town Council held a public hearing on a broad set of proposed zoning-code amendments and voted to continue the bulk of the update for further review and second hearings on March 13 and March 27, 2025 (dates as posted).
Dark-sky ordinance overview: Planning Board member Susan Joyce presented the draft dark-sky ordinance (Chapter 18 sections) and explained the proposal grew from the town’s comprehensive plan goals and statewide dark-sky advocacy. Joyce said the ordinance would require outdoor lighting to be shielded and directed downward, require lighting plans for development reviews and allow the town to require restrictions where public health, safety and welfare are concerns. She also said municipal lighting is exempted and that the ordinance contains a nonconformance clause to protect existing lighting.
Enforcement and grandfathering concerns: Councilors and residents asked how the ordinance would be enforced and whether existing (grandfathered) fixtures would face retroactive requirements. Joyce and others said existing lighting would be nonconforming but protected; replacement of a nonconforming fixture would require the new fixture to conform. The building official was identified as the likely enforcement contact to issue notices and, if necessary, pursue legal action for unresolved violations; councilors discussed whether fines should be explicitly stated in the ordinance or left to general penalty provisions.
Accessory dwelling units and other technical changes: The planning staff and Grant (planning counsel) presented proposed ADU provisions and several technical zoning amendments to align Foster’s code with Rhode Island General Laws. The ADU language sets maximum sizes and site plan requirements in accordance with state enabling statutes; other amendments clarified nonconforming-use rights, setback calculations for substandard lots and other housekeeping changes requested by the town planner to reduce unintended liabilities.
Council action: The council voted to continue the first public hearing items to the March meeting schedule so staff, counsel and the planning board can refine language, prepare second-hearing notices and return with targeted drafts. The council removed certain sections from consideration that the planning board asked be held for a later posting and directed staff to post the second hearings separately to ensure adequate public notice.
Next steps: The council and planning staff will post second public hearings for the listed sections and return on the scheduled March dates with revised drafts and clarifications on enforcement, grandfathering, ADU sizing and other technical items.
