§ 318. Waterfront Overlay (W Overlay)

A. Purpose. The Waterfront Overlay (W Overlay) comprises the Island's saltwater harbors and ponds and the lands contiguous to them, which contain important ecological systems and archaeological sites and provide the basis for economic activity vital to the Island: facilities and services associated with recreational boating, commercial fishing, and marine transportation. It is intended that the W Overlay be protected by controls not provided by other provisions of the Zoning Ordinance, namely, the establishment of uses for the Island's harbors, ponds, and marshlands which conform to State and Federal regulations for managing coastal resources. (Amended May 19, 2004)

B. Jurisdiction. This section shall apply to all of the land area between the mean high water of all tidal waters and a line fifty (50) feet landward thereof together with the abutting waters over which the Town has legal jurisdiction, either along with or concurrent with other State or Federal regulatory agencies. (Amended May 19, 2004)

C. Permitted Uses. Permitted uses along the shorelines within the Waterfront Overlay shall conform to the priorities, restrictions and designations established by the Coastal Resources Management Council (CRMC) for uses and activities on the adjoining waters. These are set forth in the Coastal Management Plan as amended together with the Addendum to that Plan with specific regard to the Block Island Quadrangle.

1. Type 1 Districts. Defined as the shoreline along the northern and eastern portions of the Great Salt Pond, extending from a point of land on the eastern shore of the channel to Trim's Pond being the high water mark on the northerly stone rip rap of Indian Head Neck Road running northerly to can buoy #13 (ref. NOAA Navigation Chart #13217); northeasterly to Harris Point; northwesterly to the point of land on the southeast side of the Great Salt Pond breachway. Trim's Pond east of a line from a point of land on the eastern shore of the channel to Trim's Pond being the high water mark on the northerly stone rip-rap of Indian Head Neck Road running southeasterly across the northerly boundary of Lot 116 on Tax Assessor's Plat 5 as laid out on March 4, 1989; Trim's Pond west of Ocean Avenue. All of Harbor Pond, Great Salt Pond and Cormorant Cove west of a line drawn from the point of land on the southwest side of the Great Salt Pond breachway running southeast to the intersection of the layout of Type 3 waters as designated by CRMC and subject to change; and adjoining and contiguous tidal marshes.

a. Commercial and recreational shellfishing not involving the construction or placement of structures.

2. Type 2 Districts. Defined as the central portion of the Great Salt Pond lying within an area created by lines drawn from the breakwater on the western side of Great Salt Pond breachway; running south-easterly to the boundary of Type 3 Waters as designated by CRMC and subject to change; easterly to can buoy #13; northeasterly to Harris Point; northwesterly to a point of land on the southeast side of the Great Salt Pond breachway. The waters of Trim's Pond, excepting the area known as the "Hog Pen," or a line from the high water mark on the northerly stone rip-rap of Indian Head Neck Road running southeasterly across the northerly boundary of Lot 116 Tax Assessor's plat 5 as laid out on March 4, 1989, including the portion of Trim's Pond south of the "Hog Pen" extending west to Ocean Avenue. Bounded on the west by a line from the intersection of the northern boundary of Lot 104 with the western boundary of Lot 103, thence running northwest to the northernmost corner of Lot 64-1.

a. All recreational uses not involving the construction or placement of structures, as defined.

b. Commercial and recreational shellfishing not involving the construction or placement of structures.

3. Type 3 Districts. Defined as the southern shoreline of the Great Salt Pond from the boundary of the New Harbor Commercial Zone north of Champlin's Dock to the western side of the channel leading into Trims Pond. In addition, that portion of Trim's Pond known as the Hog Pen. West of a line starting at the northernmost corner of Lot 64-1 and running generally southeasterly to the intersection of the northern boundary of Lot 104 with the western boundary of Lot 103.

a. All recreational uses not involving the construction or placement of structures, as defined.

b. Commercial and recreational shellfishing not involving the construction or placement of structures.

4. Type 5 Districts. Defined as the shoreline of the Old Harbor, from the outer end of the east breakwater to the outer end of the west breakwater.

a. All recreational uses not involving the construction or placement of structures, as defined.

b. Commercial and recreational shellfishing not involving the construction or placement of structures.

D. Uses Allowed by Special Use Permit (See Article 4).

1. Type 1 Districts. (See definition noted in Section 318(C) (1) above)

a. Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

b. Aquaculture.

2. Type 2 Districts. (See definition noted in Section 318(C) (2) above)

a. Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

b. Aquaculture.

c. Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

d. Public launching ramps.

3. Type 3 Districts. (See definition noted in Section 318(C) (3) above)

a. Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

b. Aquaculture.

c. Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

d. Commercially operated docks and marinas appropriate to support recreational boating, fishing, and shellfishing.

e. Public launching ramps and any use accessory thereto.

f. Boatyards and boat storage facilities.

g. All retail uses, including restaurants whose principal use is marine-related or otherwise marine dependent.

4. Type 5 Districts. (See definition noted in Section 318(C) (4) above)

a. Activities/alterations to the shoreline designed to preserve and/or enhance the site as a conservation area and/or as a natural buffer against storms.

b. Aquaculture.

c. Construction of residential boating facilities, including docks and launching ramps, and accessory structures appropriate for recreational non-commercial use.

d. Commercially operated docks and marinas appropriate to support recreational boating, fishing, and shellfishing.

e. Public launching ramps and any use accessory thereto.

f. Boatyards and boat storage facilities.

g. All retail uses, including restaurants whose principal use is marine related or otherwise marine dependent.

h. Office, storage and parking areas required for marine related uses, including but not limited to those uses and structures which depend on tourism and the accessibility to Block Island via Old Harbor.

i. Terminal facilities for passenger, vehicle and freight-carrying vessels.

j. Public recreational structures.