New Shoreham council adopts updated zoning definitions, exempts drones from aircraft rule

The New Shoreham Town Council on Sept. 2 adopted a package of definitional updates to the town zoning ordinance intended to clarify several terms used in existing prohibitions, and voted to add a carve‑out excluding drones from the aircraft definition while the town develops a separate drone policy.

The package grew out of two planning exercises requested by the council and prepared by the planning board, the council heard. The planning board recommended the definitions unanimously and provided a staff report and supporting documents, Planning Department staff member Peter said. "This set of proposals originated with two exercises that came together when the town council asked the planning board to work on definitions for both tents and containers and amusement rides," Peter said during the public hearing.

Council members and staff focused most discussion on terms tied to marine uses: houseboats, floating residences and floating businesses. The proposed definitions aim to make the town's zoning ordinance consistent with existing general ordinances and with state guidance from the Coastal Resources Management Council (CRMC), Amy (staff member) said. "Part of the cleanup … houseboats are prohibited [in marine ordinances]. But in the zoning ordinances, you can see 'floating residences or businesses' was the existing language. So to make sure that it is comprehensive in both places, they are adding houseboats to the general prohibition," Amy said.

Council members questioned where local rules would interact with state law and CRMC authority. "There are a lot of gray areas in this conversation," Peter said, adding the town is not attempting to resolve which law would prevail in court. The town's land use solicitor had advised that consistency across the town's documents would strengthen enforcement and clarity, council members were told.

The adopted definition for "houseboat" mirrors language in Rhode Island General Law 46‑22‑91, describing a houseboat as "a building constructed on a float, raft, or barge that is used primarily for single‑ or multiple‑family habitation; use for transportation is secondary." Council members stressed the town is not attempting to supersede CRMC or state permit authority and acknowledged some harbor and marina situations would remain under state or harbor jurisdiction.

The package also included a definition of "aircraft" phrased broadly as "any contrivance now known or hereafter invented for use in or designed for navigation or flight in the air," which prompted concerns that the zoning language could be read to ban drones. After discussion, the council voted to amend the aircraft subsection by adding a sentence: "This definition shall not apply to drones." The council also directed staff and planning to develop a separate municipal drone policy and to report back. Amy said she supported an exemption to avoid unintentionally blocking necessary public‑safety, research or planning uses while the town drafts a targeted drone ordinance.

At the meeting the council opened the public hearing on the package, heard public and council discussion over several topics, moved to amend the aircraft subsection to exclude drones, and then voted to adopt the definitions as amended. The meeting packet cited the planning board's unanimous positive recommendation and included a staff report and supporting materials.

The council did not provide a roll‑call tally in the meeting audio for the votes recorded; the minutes state the measures were approved by voice vote.

Looking ahead, council members said they expect to follow state and CRMC work on houseboat definitions and to update town language if a future legislative or CRMC change produces clearer statewide definitions. Planning staff and the town manager were asked to draft a follow‑up for the council on a municipal drone policy and any necessary cross‑references between chapter 9 (marine activities) and the zoning ordinance.