Planning Board reviews wide-ranging zoning ordinance amendments — drones, underground tanks, floating homes, ADUs, lighting and more

The New Shoreham Planning Board spent the bulk of its June meeting reviewing a draft package of zoning ordinance amendments that would add or clarify definitions and prohibited uses, modify accessory dwelling unit (ADU) rules to align with state law, and update outdoor‑lighting standards.

What was discussed

- Definitions and prohibited uses: Planning staff (Michelle) and consultant (Peter) reviewed a draft that adds definitions for "aircraft" (language that would encompass drones as "any contrivance . . . designed for navigation or flight in the air") and clarifies that the ordinance currently prohibits aircraft landings and takeoffs except at the state airport or in emergencies. Board members asked whether the definition as written would capture drones and whether the town wants to prohibit drones in all zones; staff advised they could exclude drones from the definition if the board prefers.

- Underground storage: The draft defines "underground storage" to mean tanks (or combinations of tanks and pipes) with at least 10% of their volume beneath the surface. Board members sought clearer phrasing and staff proposed changing the text to read "10% of the container is beneath the ground." The ordinance also cross‑references a prohibition on underground storage of petroleum products (fuel tanks) in section 1‑11.

- Floating residences, houseboats and harbor use: The board reviewed separate definitions for floating residence, houseboat, and floating business. Staff and members clarified the intended distinction: a floating residence/floating home is not self‑propelled and is fixed in place (e.g., on a barge or mooring), whereas a houseboat is a structure or building constructed on a barge or hull and can be self‑propelled; the amendments aim to close a loophole that allowed structures to be re‑characterized to evade existing prohibitions. Board members emphasized they do not intend to ban seasonal living aboard ordinary vessels used for transportation or recreation.

- Toxic/hazardous materials and livestock definitions: The draft adds toxic/hazardous materials language that would capture herbicides (for example, Roundup) only when they pose a "significant actual or potential hazard" to listed receptors. The board discussed the livestock definition, questioned why bees were excluded, and directed staff to consider removing the language that specifically excludes bees (so that transportation of beehives in trailers for agricultural use is not inadvertently restricted). The board also asked staff to check for conflicts with other town ordinances before finalizing changes.

- Tents, umbrellas and temporary structures: Members raised concerns that modern large umbrellas can resemble pop‑up tents used commercially; they asked staff to research size thresholds and examples from other towns and return with recommended size limits or other clarifying language so legitimate residential umbrellas are not unintentionally banned while blocking large commercial pop‑ups downtown is still possible.

- Outdoor lighting: Board members discussed complaints about bright, year‑round lighting at some commercial properties and requested a sharper, enforceable standard (e.g., lumen or fixture‑count limits, curfews, or shielding/fixture aiming requirements) rather than relying only on a general nuisance prohibition. Staff will research comparable municipal standards and best practices and return with specific numeric or technical recommendations for lumens, shielding, and time limits.

- Accessory dwelling units (ADUs): The board reviewed a reworked ADU section drafted to reflect the state statutory definition (ADUs permitted where the principal use is a legally established single‑family or multifamily dwelling). Key points of the ADU discussion: - The draft preserves the state‑permitted administrative building‑permit pathway for certain ADUs (for example, within an existing footprint or on lots of 20,000 sq ft or more) and adds an expanded subset that could allow ADUs on smaller/substandard residential lots if they meet listed standards. - Board members noted Rhode Island statutory language sets a 20,000‑square‑foot minimum as a baseline; the town’s draft proposes being less restrictive in some cases while retaining additional review pathways (development plan review or special‑use review) for ADUs on smaller lots. The board favored a layered approach: an administrative path for straightforward cases, development plan review for ADUs on substandard lots, and special‑use permit review for others, to balance housing goals with neighborhood protections. - The draft includes an affidavit requirement to be filed biennially; staff proposed a single, uniform deadline (staff suggested a date such as June 1 of odd years) so filings are synchronized and easier to track; board members asked staff to propose a near‑term deadline (possibly even years) so the town does not wait two more years for a compliance check. - The draft also prohibits owner occupation of an ADU when the principal dwelling is being used as a short‑term rental (the board discussed alternative wording and enforcement mechanisms; no final decision was reached beyond the draft language).

Board decisions and staff direction

- The board did not adopt final ordinance language at this meeting; instead members flagged several items for revision and asked staff/consultant to return with amended text for the July meeting. Specific directions to staff included: (1) prepare alternate language excluding drones from the aircraft definition or otherwise clarifying applicability; (2) rephrase the underground‑storage 10% threshold to specify "10% of the container is beneath the ground;" (3) remove the explicit exclusion of bees in the livestock/trailering exemption or otherwise clarify trailer exemptions for beekeeping and aquaculture transport; (4) research umbrella/tent size thresholds used by peer towns and propose numeric limits for commercial umbrellas/tents; (5) propose numeric outdoor‑lighting recommendations (lumens, fixture shielding, and possible curfew or automated controls) and cross‑check nuisance enforcement scope; (6) prepare ADU language that clearly lays out which ADUs are administrative by right and which require development plan review or special‑use review, and provide an option for a synchronized affidavit deadline sooner than the draft’s June 1 odd‑year date.

Quotes

"I think before we take that next step, I just need a better definition or time to look at where drones are currently where the aircraft are prohibited. If they're currently prohibited in all zones, I suggest we take drones out," Planning Board member (unnamed speaker) said while discussing aircraft/drones.

"So if 10% or more of that tank is under the ground, then it wouldn't be underground storage," planning staff (Michelle) clarified during the underground storage discussion; board members asked for clearer phrasing to read "10% of the container is beneath the ground."

"We don't want people living on the boats in the summertime suddenly can't — it's definitely not our intent to preclude people from living on their boats for the summer," a board member said when discussing floating residences and houseboats.

Ending

Planning staff and the consultant will recirculate revised draft ordinance language ahead of the July meeting. The board left multiple items open for further drafting and cross‑checking with other town ordinances and state law; no final votes on the zoning amendments were taken at this session.