Barrington City Zoning Code
ARTICLE XIV
Special Use Permits
§ 185-72 Applicability.
A.
Where a use is allowed in this chapter as a special use rather than allowed by right, such use may be granted to any person, group, agency or corporation only through the issuance of a special use permit by the Zoning Board of Review under the procedures of Article XII herein, or the Planning Board under the unified development review process as defined in § 185-5.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
An applicant may apply for, and be issued, a dimensional variance and special use permit simultaneously or may apply for a dimensional variance for a lot or lots whose use was established previously by the issuance of a special use permit. The Zoning Board of Review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the standards for granting a special use permit and those standards for a dimensional variance.
[Added 12-3-2001 by Ord. No. 2001-5]
§ 185-73 General standards.
[Amended 12-4-2023 by Ord. No. 2023-12]
A use requiring a special use permit in Article IV and elsewhere in this chapter may be permitted by the Zoning Board of Review following a public hearing only if, in the opinion of the Board, such proposed use and its location on the site meets each of the following requirements:
§ 185-73.1 Specific and objective criteria for specific uses.
[Added 12-4-2023 by Ord. No. 2023-12]
Prior to the issuance of a special use permit, the Zoning Board of Review, or Planning Board under unified development review as appropriate, shall make affirmative findings on the following criteria for the respective use.
A.
Two-family dwelling.
(1)
One unit is affordable and only on lots that contain at least the minimum size area as shown on the Dimensional Regulations Table.[1]
[1]
Editor's Note: The Dimensional Regulations Table is included as an attachment to this chapter.
F.
Accessory apartment interior.
(1)
Reserved for one or more members of the family of the owner-occupant of the principal residence.
G.
(Reserved)
H.
Hotel or motel.
(1)
A sprinkler system and fire alarm shall be provided as determined by the Fire Safety Code.
(2)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the hotel or motel shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
I.
Tourist home or lodging house.
(1)
A sprinkler system and fire alarm shall be provided as determined by the Fire Safety Code.
(2)
A signage plan that clearly identifies the tourist home or lodging house shall be submitted with the special use permit application.
(3)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(4)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
J.
Golf course, not including commercial driving range or miniature golf course.
(1)
A list of chemicals applied to the grounds is provided with the special use permit application. A list of any future chemicals applied to the grounds shall be submitted to the permitting authority prior to their application.
M.
Outdoor event use and accessory outdoor event use.
(1)
Specific hours of operation are included as a condition of approval such that the use does not disturb the peace.
(2)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(3)
A parking plan.
(4)
A circulation plan demonstrating safe pedestrian and vehicular circulation to the satisfaction of the permitting authority, which may include a dropoff area and/or a traffic impact study.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
N.
Marina.
(1)
Meets parking requirements of § 185-78A(13).
(2)
No boat is kept in the same location for more than 500 days.
(3)
Winter boat storage is subject to an egress plan approved by the Fire Department.
(4)
Composting, recycling, and waste bins are readily available for patrons.
P.
Yacht club, including entertainment and/or alcoholic beverages.
(1)
Meets parking requirements of § 185-78A(13).
(2)
No boat is kept in the same location for more than 500 days.
(3)
Winter boat storage is subject to an egress plan approved by the Fire Department.
(4)
All entertainment conducted pursuant to an entertainment license from the Town.
(5)
Composting, recycling, and waste bins are readily available for patrons.
Q.
Religious building.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
At least one outdoor gathering space immediately outside the main entrance sufficient to hold congregant to fire code standards shall be shown on the plans.
(c)
A designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the place of worship and denomination of the congregants shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(4)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
R.
Hospitals or health care facilities.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated dropoff area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
(2)
Sufficient healthcare design shall be demonstrated through the submission of the architect's certification letter as required by the Rhode Island Department of Health.
(3)
A signage plan that clearly identifies the facility and all wayfinding shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
S.
Congregate health care facility.
(1)
Lot coverage does not exceed 30%.
(2)
Submission of the architect's certification letter as required by the Rhode Island Department of Health.
(3)
Landscaping and architectural treatment is in harmony with the surrounding residential development. The building and grounds shall be maintained so as to enhance the appearance of the premises.
(4)
Provisions for outdoor passive recreation are provided in the form of paved walks and patios and include benches and similar facilities. Area devoted to passive recreation is equal at least 10% of the lot or premises.
(5)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated dropoff area near an entrance to the building sufficient to hold at least one vehicle for every 20 residents that does not block vehicle parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
(d)
Delivery and waste removal locations and schedules that do not disturb the peace.
(6)
Sufficient health care design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application that includes wayfinding directing patients and visitors to the different care destinations.
(7)
A signage plan that clearly identifies the facility and all wayfinding shall be submitted with the special use permit application.
(8)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(9)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(10)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
T.
Cemetery.
(2)
A signage plan that clearly identifies the cemetery and all wayfinding shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(4)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
U.
Day-care center.
(1)
The applicant shall provide proof of state licensing.
(2)
No day-care center shall be located within a 300-foot distance from gasoline pumps, underground gasoline storage tanks, or any other storage and/or use of hazardous, explosive and/or flammable materials, said 300 feet to be measured from the perimeter of the property on which the day-care center is proposed. No child day-care center shall be sited in a location which exposes children to commercial and/or industrial land uses and/or activities which involve toxic emissions, noxious odors, and/or other potential dangers.
(3)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(4)
A signage plan that clearly identifies the day-care center shall be submitted with the special use permit application.
(5)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(6)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(7)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
V.
School.
(1)
The applicant shall provide proof of licensing as required.
(2)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
(3)
A signage plan that clearly identifies the school shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
W.
Cultural activity.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(2)
Culturally appropriate design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application.
(3)
A signage plan that clearly identifies the place of activity shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
X.
Electric power substation, electric generator, telephone exchange not open for public business, water pumping station, well field, or sewage pumping or lift station.
(1)
Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
(2)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(3)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
Y.
High-voltage transmission tower or line or water storage tower.
(1)
There shall be a minimum setback of 100 feet from any residential property.
Z.
Cellular communications, private.
(1)
There shall be a minimum setback of 30 feet from any residential property line and where the use is a freestanding tower a minimum of 30 feet from lot lines.
(2)
Where wireless telecommunications are installed on buildings, a parapet shall be installed to minimize the adverse visual impact of the tower and/or antenna.
AA.
Utility pole.
(1)
Sensitive environmental design through the submission of a site plan stamped by a Rhode Island licensed landscape architect identifying materials utilized in the installation and view corridors.
(2)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AB.
Public sanitary landfill area or recycling center.
(1)
Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
(2)
A delivery and removal plan that demonstrates no disturbance to the peace.
(3)
A maintenance plan that sufficiently demonstrates minimal refuse will unintentionally move around the site.
(4)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AC.
(Reserved)
AE.
Supermarket, convenience/drug store, community or regional shopping center, and package, liquor store.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(2)
A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
(3)
A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AF.
Food preparation and/or sales and art supplies, book, card, gift, novelty, hobby, jewelry, music, magazine, tobacco, toy store or shop, or dry-cleaning facility.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(2)
A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
(3)
A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AG.
Apparel and sporting goods store and automotive sales.
(1)
No outdoor storage/display outside of business hours.
(2)
No outdoor storage/display inside setbacks.
(4)
A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time for facilities that require land development project review.
(5)
A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
(6)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(7)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AH.
Mortuary or funeral home.
(1)
Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
(2)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the mortuary or funeral home shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AI.
(Reserved)
AJ.
Automatic car-washing facility.
(1)
An operations plan is submitted with the special use permit demonstrating that 75% of water will be reused. The car-washing facility shall adhere to the operations plan for the duration of its special use permit.
(2)
Whether washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained into the sanitary sewer system with no runoff onto the public right-of-way.
(3)
All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
(4)
When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment to a maximum of 85 decibels.
(5)
Compost, recycling, and trash receptacles shall be placed near all vacuum stations as applicable and at the car wash entrance.
AK.
Veterinary office or animal hospital.
(1)
Landscaping (a hedge of compact evergreens) or a tight-board fence must be installed along all interior lot lines.
(2)
Exterior exercise areas shall be located in the interior side or rear yard and shall be enclosed by a six foot fence.
(3)
All overnight boarding operations shall be located indoors.
AL.
Vehicle rental office.
(1)
All outdoor display areas where items are left overnight are secured by a four foot fencing.
(2)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the vehicle and/or bike rental office shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(5)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall be submitted for review and approval prior to completion of any operational or physical alterations to the subject property.
AM.
Gasoline filling station and automotive repair garage.
(1)
The filling station premises shall be located not less than 200 feet from the premises or any park, playground or other public recreational facility, school or municipal building, church or other place of worship, religious or educational institution, cultural center, cemetery or hospital.
(2)
There is vertical separation of at least four inches between the use and adjoining sidewalks or roadways.
(3)
There is a landscaped planting area of at least three feet along all edges of the use.
(5)
Requirements for structures:
(a)
Minimum distance between pump islands, compressed air connections and similar equipment and any street or property lines shall be 20 feet.
(b)
Minimum distance between the canopy and the street line shall be 12 feet.
(c)
Minimum distance between any canopy and compressed air and similar equipment and any interior lot line shall be 20 feet.
(6)
Requirements for underground tanks:
(a)
Maximum storage capacity for petroleum products shall be 42,000 gallons.
(b)
Minimum separation distance required between underground tanks adjoining buildings and property lines shall be 10 feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.
(7)
Requirements for repairing and washing vehicles. Repairing must be conducted wholly within a building. Repair work shall not include any body work. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained into the sanitary sewer with no runoff onto the public right-of-way. All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
(8)
Outside storage of vehicles. Storage of any vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.
(9)
No motor vehicles shall be stored and no repair work and/or service work shall be conducted in the public right-of-way.
(11)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AO.
Theater.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
(b)
Outdoor gathering space immediately outside the main entrance sufficient to hold the property's largest theater's fire code occupancy shall be shown on the plans.
(c)
There shall be a designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's property's largest theater's fire code occupancy, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the use and wayfinding to the theater(s) shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(4)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AP.
Indoor commercial recreation, other than amusement games.
(1)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
(b)
There shall be a designated dropoff area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the use shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
(4)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AR.
Cannabis cultivator, product manufacturer, and testing laboratory.
(1)
No marijuana establishment shall be combined with residential use of property.
(2)
No outside storage of marijuana, related supplies, or promotional materials shall be permitted.
(3)
Marijuana facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and
(b)
No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.
(4)
The marijuana facility shall be screened along side and rear lot lines with a solid wall or fence a minimum of six feet in height.
(5)
Lighting shall be required such that it will illuminate the use, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
AS.
Cannabis retailer.
(1)
No marijuana establishment shall be combined with residential use of property.
(2)
No outside storage of marijuana, related supplies, or promotional materials shall be permitted.
(3)
Marijuana facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and
(b)
No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.
(4)
The marijuana facility shall be screened along side and rear lot lines with a solid wall or fence a minimum of six feet in height.
(5)
Lighting shall be required such that it will illuminate the use, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
(6)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(7)
A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time.
(8)
A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
(9)
A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee prior to the issuance of a certificate of occupancy as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. The security plan shall not be submitted to the Zoning Board of Review. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
(10)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
AT.
Drive-through.
(1)
There shall be no on-site stacking lane within 50 feet of a residential property.
(2)
The applicant shall provide information on the following:
(a)
Nature of the product or service being offered.
(b)
Method by which an order is processed.
(c)
Time required to serve a typical customer.
(d)
Anticipated arrival rate of customers.
(e)
Peak demand hour.
(f)
Approval of the anticipated vehicular stacking plan to ensure no stacked cars will be in the right-of-way and will not increase traffic in adjacent residential neighborhoods required.
(3)
There shall be no microphone and amplification system within 150 feet of a residential structure. Amplification systems shall not be directed at abutting properties.
(4)
Queuing areas shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight-board fence.
(5)
Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(6)
A signage plan that clearly identifies the business, its driveway and building entrances, and drive-through progression shall be submitted with the special use permit application.
(7)
A traffic study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time.
(8)
Any future changes to those items depicted on the plans need to be submitted for consideration as a new special use permit.
§ 185-74 Standards relating to nonconforming uses.
In addition to the standards of § 185-73, when reviewing a special use permit application for the change in a nonconforming use to another nonconforming use, or for the extension, addition to or enlargement of a nonconforming use, the Zoning Board of Review shall require that the applicant demonstrate each of the following:
A.
That it will not result in the creation of or increase in any undesirable impacts related to the use, such as excessive noise, traffic and waste generation.
B.
That the general visual appearance of the nonconforming use shall not be altered in a way so as to heighten or make more apparent its nonconformity and, where possible, shall be improved so as to be more consistent with the surrounding area.
C.
That it will not have a negative impact on the natural environment or on any historic or cultural resource.
D.
That the resulting nonconforming use will be a beneficial use to the community.
§ 185-75 Standards relating to off-street parking and off-street loading requirements.
In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XV and Article XVI of this chapter, relating to off-street parking and off-street loading, respectively, the Zoning Board of Review shall require that the applicant demonstrate the following:
A.
That, based upon projected use and level of activity for a given development proposal, strict application of the parking and/or loading requirements would be excessive.
B.
That, as a result of such relief, the proposed development will be enhanced either in terms of visual appearance or through the provision of additional amenities, such as landscaping and buffering, walkways, bicycle racks and/or street furniture; or that there is some clear public or environmental benefit.
C.
That the safe and proper operation of the business will in no way be compromised.[1]
[1]
Editor's Note: Former Subsection D, providing standards for parking facilities not constructed entirely on or adjacent to the site of the principal use, added 1-10-2000 by Ord. No. 99-13, which immediately followed, was repealed 2-6-2012 by Ord. No. 2012-1.
§ 185-76 Standards relating to signage requirements.
[Amended 11-3-1997 by Ord. No. 97-10]
A.
In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XVII of this chapter, relating to signs, the Zoning Board of Review shall require that the applicant demonstrate the following, where relevant:
(1)
That the establishment of the sign in a completely conforming manner will result in significant damage to the associated business.
(2)
That the establishment of the sign which is nonconforming by size will result in a clear visual improvement to a site by virtue of its replacement of an existing nonconforming sign.
(3)
That the location or illumination of a sign in a nonconforming manner is necessary to achieve its intended visual effect.
(4)
That the use of an internally illuminated sign will in no way constitute a public hazard or result in additional light or glare than that which would occur from an external lighting source.