(a)

Incorporation and cross reference.Chapter 14 of Bristol Town Code entitled historic preservation is hereby incorporated by reference. There exist in the Town of Bristol historic districts as shown on the map entitled, "Map of Historic Districts, Town of Bristol, Rhode Island", together with a list of properties within the downtown district (Attachment 1) and a list of structures of historic or architectural value not located within the boundaries of an established historic district (Attachment 2) as may be amended from time to time, and which is filed at the office of the town clerk, all of which is herein collectively referred to as the "Historic District" or the "Historic District Zone".

(b)

Purpose. The purpose of this section is to regulate the location and operation of formula business establishments, within Bristol's Historic District Zone, in order to maintain the district's unique character and diverse blend of business offerings.

(c)

Findings. Establishing or preserving an appropriate and balanced mix of businesses will more effectively promote the district's economic health, property values, and colonial New England ambiance. The land use element of the town's comprehensive plan provides a statement of goals and policies that is quite reflective of the town's desire to preserve the unique and historically rich environment which encompasses the historic district zone. Included are stated policies to: (1) maintain the character of Bristol and make sure that new development does not adversely impact the character of the town; (2) respect the historic resources that link Bristol's present with Bristol's past and use these resources as guidelines for managing future growth; (3) foster the local economic base. In general, the goal of the land use element is to promote the development of a well balanced and functional mix of land uses and to ensure that development in the town is consistent with the town's character and image.

The historic downtown district is unique not only because of its well preserved historic structures, but because of its small individualized shops and restaurants as well. Bristol's historic downtown district is recognizable nationwide. It attracts hundreds of thousands of visitors each year, a large part of whom come to enjoy and experience the unique character of the nation's most patriotic town and its numerous quaint shops and restaurants. This unique character would be adversely affected by a proliferation of "formula businesses" which are required by contractual or other arrangements to be virtually identical to businesses in other communities as a result of standardized services, merchandise, decor, uniforms and the like. The development of such businesses, if unchecked and unregulated, would conflict with the distinct atmosphere and unique character for which Bristol's historic downtown district is famous. Therefore, the town council finds that in order to preserve the character of the historic downtown district, it is reasonable and necessary to adopt this article which would monitor and regulate the establishment of formula businesses in the historic district zone through the mechanism of special use permits, in accordance with section 28-409 of this Code.

(d)

Regulation. A formula business, as defined in section 28-1 of this Code, seeking to operate within the historic district zone, as established in section 14-3 of this Code, is required to first obtain a certificate of appropriateness from the historic district commission, and is then required to obtain a special use permit from the zoning board in accordance with section 28-409, including without limitation, the standards set forth in subsection 28-150(h). Notwithstanding the foregoing, upon agreement of both the historic district commission and the zoning board, a joint public hearing of both bodies may be held, with each body then voting separately in the order set forth above.

Cross reference— Historic preservation, ch. 14.

(a)

Authorization and general purposes. The purpose of this section is to encourage, and in zones to require, the comprehensive development of significant parcels, in order encourage a positive mix of uses and optimize scarce resources for the benefit of both the public and the developer. The method to accomplish this purpose is by authorizing the establishment of planned land development projects. Land development projects are intended to promote attractive, convenient, efficient development through careful site planning; to preserve open space, historic sites and valuable natural features of the land; to permit the creation of such uses as multifamily residential and mixed-use communities consistent with the character of the town and the neighborhood and the comprehensive plan; and to permit the design and construction of buildings, structures, and other facilities which by virtue of their location, orientation, landscaping and other features show unusual design merit. All such land development projects shall be governed in their establishment by the procedures of the town subdivision and development review regulations for major land development review.

(b)

Specific considerations. This authorization serves to encourage development as a single project those tracts of land that are sufficiently large to allow a site design for a group of structures. It should either promote a harmonious variety or grouping of uses, or utilize the economy of shared services and facilities. It is further the purpose of authorizing land development projects to take into account the following:

(1)

Advances in technology and design.

(2)

Recognition and resolution of problems created by increasing population density.

(3)

A comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development, in which the design of the overall unit permits increased freedom in the placement and uses of buildings and the location of open spaces, circulation facilities, off-street parking areas and other facilities.

(4)

The potential of sites characterized by special features of geography, topography, size or shape.

(5)

Compliance with this chapter as to all appropriate regulations.

(6)

Compliance with federal and state regulations regarding energy saving.

(c)

General standards for development. General standards for development shall be as follows:

(1)

Relation to transportation. Principal vehicular access shall not be from arterial highways. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicles and pedestrians. Where the development is located on an arterial highway, a service road should be utilized, together with common driveways. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate need.

(2)

Relation to surrounding property. Site planning shall provide protection from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development.

(3)

Buffer zone. Landscaped buffers shall be required for certain land development projects, and are set forth in the requirements for each type of land development project. The buffer shall not be paved, nor be used for parking or driveway, nor contain any structure, nor be used for leaching or absorption fields. However, underground water, sewer or drainage lines with appropriate easements thereto may be permitted in a buffer.

(4)

Screening. Fences, walls or vegetative screening shall be provided along the perimeter of the development where needed to provide a buffer, to preserve public viewsheds and to minimize incompatibility with surroundings. In particular, the following uses and areas within the development shall be screened from adjacent residential district or public streets:

a.

Off-street parking areas containing more than ten spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for computing the above minimum number of spaces.

b.

Service areas for loading and unloading vehicles other than passenger; and for storage and collection of trash and garbage.

c.

Utility areas such as pumping station, electric utility substations and the like.

(5)

Maximum height. No structure shall exceed three stories or 35 feet above grade, as defined in this chapter.

(6)

Procedural and design standards. Unless otherwise indicated, the procedural and design standards for improvements in a land development project shall be the same as those set forth in the town subdivision and development review regulations in effect at the time of the application insofar as such regulations are applicable. Waivers may be provided in accordance with the requirements of the town subdivision and development review regulations.

(d)

Standards for multifamily buildings. Where multifamily buildings are otherwise allowed in a land development project, the following standards shall apply.

(1)

Front yard. Multifamily projects, when located along any major arterial public highway (Metacom Avenue and Hope Street), shall provide a minimum front yard of 75 feet from such public highway. No building, accessory building, parking lot or utility area shall be located in any such front yard. A landscaped or natural buffer zone of 50-foot width shall be maintained along such public highway and may not be used for any recreation space.

(2)

Distance between multifamily buildings on same lot. The minimum distance between two buildings or any two rows of buildings substantially parallel to each other shall be 50 feet. The minimum distance between abutting ends of buildings in the same general plane or row shall be 25 feet, if such walls contain no windows serving habitable rooms, otherwise the minimum distance shall be 50 feet. The minimum distances between multifamily buildings on the same lot shall be ten feet in the R-6 zoning district. There shall be no minimum distances between multifamily buildings on the same lot in the Downtown or waterfront zoning districts.

(3)

Distance between multifamily buildings and property line. The minimum distance from side and rear property lines shall be 50 feet. The minimum distance from side and rear property lines shall be 10 feet in the R-6 zoning district. There shall be no minimum distance from side and rear property lines in the Downtown or Waterfront zoning districts. Accessory buildings shall adhere to the same side yard requirements.

(4)

Rubbish disposal. Where a multifamily building is included in a land development project, a plan for rubbish disposal shall be submitted by the developer, and such plan shall include provision for interior or enclosed storage of all rubbish. Where enclosed storage is provided, it shall be of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and all utility areas shall be properly screened and buffered from all buildings and property lines.

(5)

Parking lots; distance from buildings. No parking area, driveway or utility area shall be located within 15 feet of any wall of a principal building (except a garage) used for residential purposes along which is located an entrance or exit generally intended for use by residents thereof or along which are located residential windows less than ten feet above ground level. All parking spaces and areas shall be suitably surfaced and not located on any access road.

(6)

Walkways. Pedestrian walkways shall be provided for all multifamily dwellings to provide safe and convenient access. Pedestrian crossings at edges of the development shall be safely located and marked.

(7)

Permitted accessory uses. Customary uses accessory to residential dwellings are permitted such as laundry and drying facilities, refuse collection, lounges, sales offices, etc., which are intended for the residents thereof.

(8)

Townhouse criteria. Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than six townhouses shall be in the same structure. Each townhouse shall have an open space containing not less than 400 square feet, reasonably secluded from view from streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.

(e)

Commercial development standards. Where commercial uses are otherwise allowed as part of a land development project, the following standards shall apply.

(1)

Market analysis. The amount of area and type of commercial facilities allowed in a rehab land development project shall be based on a market analysis prepared and signed by a market analyst and reviewed by the planning board. The planning board may require its own market analysis done by an analyst chosen by the board, to be paid for by the developer. The market analysis shall demonstrate that the amount of land proposed is needed for, and can realistically be supported in, commercial use. Calculations of area for commercial use shall include that land necessary for any structures, buffers, parking for and ingress/egress to commercial area. In calculating the potential market area, road travel distances (and not radii) shall be used.

(2)

Buffer. There shall be a landscaped buffer between any commercial structure and any residential structure within a land development project. Such landscaping shall provide an effective visual and acoustical screen between the commercial and residential uses. Such a buffer can be of natural vegetation or a double row of compact evergreens at least four feet tall.

(3)

Layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect any residential character within a land development project and desirable character in any adjoining neighborhood.

(4)

Combination with recreational facilities. At the discretion of the planning board, commercial uses may be developed in combination with community recreational facilities for land development project and neighborhood residents.

(f)

Road standards. Roads in a land development project may be private or public and shall adhere to the standards of the town subdivision and development review regulations.

(g)

Drainage standards. An engineer engaged by the town, at the developer's expense, shall review all drainage plans and calculations to ensure that no net increase of run-off shall result. The plans shall be reviewed to ensure that the drainage in the planned development will not adversely impact adjacent properties. Drainage shall be designed and constructed according to the standards and requirements of the Bristol Subdivision and Development Review Regulations.

(h)

Walkway standards. Walkway standards shall be as follows:

(1)

General requirements. All land development projects shall be provided with safe, convenient, durable, all-season pedestrian access of adequate width for intended use between individual buildings, the streets and all community facilities provided for residents. Sudden changes in alignment and gradient shall be avoided.

(2)

Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet.

(3)

Individual walks. All buildings, other than detached single-family or two-family buildings, shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet.

(i)

Open space. Certain land development projects require that a percentage of the land area of the total tract, exclusive of land devoted to roads, driveways, easements or drainage facilities, including detention ponds, shall be devoted to open space.

(1)

Multiple parcels. Common open space may be in one or more parcels of a size and shape appropriate for its intended use as determined by the planning board.

(2)

Ownership. All such open space land shall either be conveyed to the town and accepted by it for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway.

(j)

Special regulations. Special regulations shall be as follows:

(1)

Emergency access. Egress for municipal and emergency vehicles shall be approved prior to approval of the land development project.

(2)

In-ground utilities. The planning board may require that public utilities in a land development project may be placed in roadways, subject to the granting of easements to the respective utility companies to enter upon such roadways to repair, replace and maintain appurtenances and equipment installed in connection with the use of such utilities, whether such roadways are public and private.

(3)

Dedication or payment in lieu thereof. The planning board, pursuant to the town subdivision and development review regulations, may require the dedication of sites to the town for development of public schools, fire stations and other public services, or payment of a certain sum of money in lieu of such dedication.

(4)

Phasing. The timing of development shall be controlled through the issuance of building permits and shall be scheduled at a rate, dwelling units per year, which would not create excessive demand on municipal facilities and services, including sewer and water facilities, roads and storm drains. The planning board may set a rate of development during the application process and require phases to be established.

(Amend. of 1-27-21)

(a)

Purposes. As stated in the comprehensive plan and in conformance with the RIGL §§ 45-24-30 and 45-24-47, the purposes of this section are as follows:

(1)

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, coastal areas, flood plains and wetlands, by setting them aside from development.

(2)

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development, and to offer an alternative to conventional subdivision development.

(3)

To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.

(4)

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.

(5)

To implement adopted municipal policies to conserve a variety of irreplaceable cultural and historical resources and environmentally sensitive resource lands as set forth in the comprehensive plan.

(6)

To implement adopted land use, transportation, and community policies, as identified in the comprehensive plan.

(7)

To protect areas of the town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.

(8)

To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.

(9)

To provide for the conservation and maintenance of open land within Bristol to achieve the above-mentioned goals and for active or passive recreational use by residents.

(10)

To provide options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).

(11)

To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.

(12)

To conserve scenic views and elements of Bristol's New England character, and to minimize perceived density, by minimizing views of new development from existing roads.

(b)

Resource conservation and creative development land development project ("RCCD-LDP"). RCCD-LDPs are intended for the purpose of promoting the conservation of open space, scenic views, unique natural, cultural and historical resources and the efficient use of land in harmony with its natural features. This is accomplished by allowing reduced lot sizes and locating lots on part of the overall parcel with the remaining area to be maintained as open space. The plans and design standards for the development shall be such as to create architecture and landscaping which are attractive and outstanding, and are in harmony with the open space. These developments may include limited commercial uses to serve the residents of the land development project and reduce the need for automobile travel.

(c)

Zones where required and optional.

(1)

Required. The following development options are required:

a.

In the R-80, R-40 and in any resource conservation and creative development overlay (the RCCD overlay zone) a conservation development land development project shall be required.

(2)

Reserved.

(3)

Process for review. A RCCD-LDP shall be reviewed in accordance with the subdivision and development review regulations under the following classifications:

a.

Uses in accordance with subsection 28-283(f)(1) with five or less units and where a new street creation or extension is not required shall be a minor land development project and without a public hearing being required.

b.

Uses in accordance with subsection 28-283(f)(1) with not more than five units where a new street creation or extension is required shall be a minor land development project with a public hearing.

c.

Uses in accordance with section 28-283(f)(1) or (2) with more than five units, or where a waiver or modification is required or where phasing is proposed shall be a major land development.

(4)

Waiver. In accordance with the provisions of the town subdivision and development review regulations, the planning board may grant a waiver from such regulations where such waiver is in the best interest of good planning practice and/or design as evidenced by consistency with the town's comprehensive plan and this chapter. Pursuant to section 8.6 of the regulations, and only with the appropriate findings as set forth therein, such waiver may include provision for a so-called "conventional" subdivision, but only in accordance with the aforementioned standards. The planning board shall make such decision no later than master plan approval.

(d)

Minimum size of development and minimum percentage of open space. There shall be at least 50 percent open space. Only half of the required open space may be wetlands.

(e)

Computation of maximum number of dwelling units. Computation of the maximum number of dwelling units shall be as follows:

(1)

Density does NOT equate to minimum lot size. The initial maximum density shall be determined by calculating the number of dwelling units (or households) which could reasonably be expected to be developed upon the site under a plan of a conventional subdivision or land development project that depicts the number of dwelling units on a parcel of land, taking into account physical constraints to development (known as a yield plan). The maximum number of dwelling units on the yield plan, as approved by the planning board as part of master plan approval, shall be known as the "initial maximum number".

(2)

The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and of the engineering specifications for such yield plan. Yield plans shall be prepared as conceptual layout plans in accordance with the pre-application checklist of the regulations. Yield plans shall show proposed streets, lots, rights-of-way, stormwater management facilities, land unsuitable for development and other pertinent features. Although the yield plan must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of lands unsuitable for development and specific area required for preservation as defined in the regulations, existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.

(3)

The yield plan shall meet all conventional zoning and subdivision requirements, including minimum buildable area requirements, and shall not assume that any waivers or variances will be granted.

(4)

The initial maximum number determination shall be made during the master plan stage of review. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the planning board may increase or reduce the number of lots/dwelling units contained in the initial maximum number. In developments that require alterations to be made to freshwater wetlands, the board may establish an initial maximum number contingent upon confirmation by the Rhode Island Department of Environmental Management that such alterations are permitted under the provisions of the Freshwater Wetlands Act. For all developments, the final initial maximum number shall be determined as part of the master plan stage of review.

(5)

In addition to the initial maximum number, the planning board may grant zoning incentives, pursuant to the RIGL § 45-24-47, to adjust the maximum density for the entire development; provided, however, that the maximum number of permitted new dwelling units shall not be increased by a factor of more than 1.3 above the initial maximum number where granted multiple zoning incentives as provided below. The initial maximum number of units plus any units allowed as zoning incentives shall equal the "basic maximum number" or units.

a.

Reserved.

b.

If the planning board determines that the amount of open space area provided in the entire RCCD-LDP exceeds the minimum required 50 percent, the initial maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

c.

If the planning board determines that at least one-third of the provided open space area is suitable for dedication to public use (including active and passive recreation areas) and such dedication to the public is made in perpetuity, the initial maximum number of permitted dwelling units in the development may be increased by a factor of 20 percent. The decision whether to accept an applicant's offer to dedicate open space land to public usage within a proposed subdivision shall be at the discretion of the planning board, which shall be guided by the comprehensive plan, particularly those sections dealing with active and passive recreational facilities.

d.

Notwithstanding the maximum density increase factor of 30 percent, the planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by this one additional dwelling unit. Any dwelling unit granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling.

(f)

Permitted uses. Permitted uses shall be as follows:

(1)

Underlying zone. Any uses permitted in the underlying zone shall be permitted in the CD-LDP.

(2)

Additional uses. The following uses shall be permitted, subject to the planning board's determination that such uses as proposed form a harmonious mixture for the subject site:

a.

Agricultural: Gardening and raising of crops, raising of animals for profit or consumption.

b.

Institutional and governmental services: Family day care home with six or less persons, day care, cemetery, church, synagogue or religious educational building, monastery/convent, library, museum, fire station, schools: K-12.

c.

Service business: Restaurant, cafe, or deli without liquor sales, laundry, self-service dry cleaning without on-site plant. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.

d.

Retail business: Bakery, book store, book store/cafe, convenience store, florist, general merchandise store, gift shop, grocery store, newsstand, pharmacy, variety store. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.

e.

Recreation: Camp for boys or girls, riding stable, golf course, playground/park, open space (in addition to the mandatory open space), nonprofit community center, yacht club/marina.

(g)

Minimum lot area. The minimum lot area shall be as follows:

Where individual lots are created, the following minimum lot sizes shall be maintained.

(1)

Community water and sewage service. Where a public water system or a community well, and a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 7,500 square feet.

(2)

Community water or sewage service. Where a public water system or a community well, or a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 10,000 square feet.

(3)

Neither community water nor sewage service. Where neither a public water system or a community well, nor a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 40,000 square feet.

(4)

Notwithstanding the foregoing, if the condominium form of ownership is utilized, no minimum lot (or unit) size need be established, provided all other health and safety requirements (such as minimum distance between wells and septic systems) and dimensional requirements (such as the dimensional requirements set forth elsewhere in this article IX) are met.

(h)

Minimum frontage. The minimum frontage on a public road of the parcel for development proposals shall be at least 50 feet in all residential districts. Additional frontage may be required if more than one access road is deemed necessary by the planning board.

(i)

Design standards. In addition to the general requirements for land development projects in section 28-282, the following design standards are required.

(1)

See section 28-282(d) for the multi-family development standards:

(2)

Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

(3)

House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.

(4)

Streets may be publicly or privately owned and maintained. Streets and sidewalks shall be designed to conform with the standards of the town in the Subdivision and Development Review Regulations where the street is or may be ultimately intended for dedication and acceptance by the town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the planning board.

(5)

At least 50 percent of the lots shall directly abut, or face unobstructed across a street open space.

(6)

No portion of any house lot may be used for meeting the minimum required open space. However, where the open space is used for active agricultural use, a dwelling unit may be provided for a live-in caretaker/manager of such active use, and such area may still be used to meet the minimum required open space.

(7)

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to open space.

(j)

Protection, management and ownership of buffer and open space.

(1)

The open space that is required to be reserved and created shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities.

(2)

The following methods may be used, either individually or in combination, to own common facilities. However, open space shall be initially offered for dedication to the Town of Bristol. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the Conservation Land ratio of the overall development. Ownership methods shall conform to the following:

(3)

Fee simple dedication to Bristol. The Town of Bristol may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the town and the town agrees to and has access to maintain such facilities.

(4)

Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant Rhode Island law. All open land and common facilities shall be held as "common element".

(5)

Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:

a.

The applicant shall provide the town a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

b.

The proposed association shall be established by the owner or applicant and shall be operating (with financial capitalization by the owner or applicant, if required by the planning board) before the sale of any dwelling units in the development.

c.

Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.

d.

The association shall be responsible for maintenance and insurance of common facilities.

e.

The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.

f.

Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the town no less than 30 days prior to such event.

(6)

Private conservation organization. With permission of the planning board, a developer may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization provided that:

a.

The conservation organization is acceptable to the planning board and is a bona fide conservation organization intended to exist indefinitely;

b.

The conveyance contains appropriate provisions for proper reverter or re-transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;

c.

The open space is permanently restricted from future development through a conservation easement and the town is given the ability to enforce these restrictions; and,

d.

A maintenance agreement acceptable to the planning board is established between the owner and the organization.

(7)

Dedication of easements to Bristol. The town may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility shall remain in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements shall be held by the town.

(8)

Maintenance.

a.

Unless otherwise agreed to by the planning board, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.

b.

The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation lands and operation of common facilities (the "plan") in accordance with the following requirements:

1.

The plan shall define ownership;

2.

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);

3.

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

4.

At the planning board's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and,

5.

Any changes to the plan shall be approved by the board.

6.

In the event that the organization established to maintain the open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the town may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

7.

The town may enter the premises and take corrective action, including maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the town in the land evidence records.

(Ord. No. 2015-14, 12-2-15; Amend. of 1-27-21)

(a)

Purpose. The rehabilitation of deteriorated, under-utilized and inefficient historic and/or nonconforming structures of conservation concern is of primary importance to the health, safety and welfare of town residents. It is vitally important for the economic well-being of town that these resources be rehabilitated for long term reuse.

(b)

Zones where mandatory and optional.

(1)

Mandatory. A rehab LDP shall be mandatory for any development in the rehab LDP overlay zone.

(2)

Optional. A rehab LDP shall be permitted in the M zone or the W zone, but only on a parcel that contains an existing building formerly used for commercial or manufacturing use, of at least 20,000 square feet GFA. New construction may take place in addition to the existing building, provided that the existing building is rehabilitated and used as part of the LDP.

(c)

Permitted uses. The following uses shall be permitted in a rehab land development project, subject to the planning board's determination that such uses as proposed form a harmonious mixture for the subject site:

(1)

Residential. Multi-household dwelling, nursing home ^iv congregate care facility, hotel, community residence.

Note— ^iv  A nursing home is not permitted in a V or A zone floodplain.

(2)

Institutional and governmental services. Medical clinic, hospital ^v , family day care home with six or less persons, day care facility with more than six persons, church, synagogue or religious educational building, civic/convention center and assembly hall, library, museum, fire station, government office building, schools: K-12, commercial or technical trade school.

Note— ^v  A hospital is not permitted in a V or A zone floodplain.

(3)

Office uses. Office of a professional or business agent, or political, labor or service association including the following: insurance agent, insurance adjuster, investment agent, bonding agent, finance agent, accountant, advertising agent, architect, artist, dentist, chiropractor, engineer, government, landscape architect, lawyer, massage therapist, office business machine agent, physician, optician, optometrist, realtor, employment agent, travel agent, veterinarian or bank.

(4)

Service business. Restaurant, cafe, or deli without liquor sales, restaurant, cafe, or deli with liquor sales, tavern/bar/nightclub, catering, sign painting, laundry, self-service, drycleaning without on-site plant, appliance repair, mechanical equipment repair, printing, blueprinting and photocopying, photographic development, hairdresser/barber.

(5)

Retail business. Antique store, appliance store, auto parts sales—new, bait shop, bakery, book store, book store/cafe, clothing sales, convenience store, florist, furniture store, general merchandise store, gift shop, grocery store, liquor store, mechanical equipment sales, newsstand, pharmacy, shopping center (>two stores), variety store, video rental and sales.

(6)

Wholesale business. Wholesale trade within enclosed structure, warehouse/distribution facility.

(7)

Industrial. Food and kindred products-manufacturing including canning or packaging, processing of bakery products, textile mill products and apparel manufacturing, lumber and wood products, furniture and fixtures manufacturing, rubber and miscellaneous plastic products manufacturing, stone, clay, and glass products manufacturing, pottery products manufacturing, fabricated metal products manufacturing, boat building and repairs, instruments and scientific equipment manufacturing, jewelry, silverware, plated ware, costume jewelry manufacturing, manual assembly of jewelry parts and crafts, lighting manufacturing.

(8)

Recreation. Bowling alley, skating/rolling rink, pool room, health club, theater, playground/park, open space, nonprofit community center, boat yard, marina, yacht club.

(9)

Marine trade industries. The design, fabrication, construction, maintenance, transport, storage, and retail and wholesale sale of boats and other marine products, equipment, systems and parts.

(d)

Density. The density for a urban rehab land development project shall be as follows:

(1)

Residential density. Density shall not exceed the existing residential density of the surrounding neighborhood, if not further defined by this chapter or the comprehensive plan, including any site specific reuse plan or neighborhood plan adopted by the town for inclusion in the comprehensive plan. Residential density for projects with an underlying "W" zone shall be based on the requirements of dimensional table C in this chapter. Other factors to be considered in determining density will be the ability of infrastructure, town services and the environment to accommodate such density. Even in a predominantly residential development, the developer will be required to use at least 25 percent of the site for commercial, institutional, and/or public use.

(2)

Residential density for historical buildings greater than 100,000 square feet in the W zone. Contributing buildings on the National Historical Register located in the W zone that are in excess of 100,000 square feet of gross floor area shall have no minimum GFA/DU (gross floor area per dwelling unit), but residential density shall be determined based upon the ability of the infrastructure (including water, sewer, other utilities, roadway system and traffic handling mechanisms), town services, and the environment to accommodate such density. In such buildings, in lieu of required retail and restaurant uses on the first floor within 50 feet of the front lot line (see footnote to section 28-82 table A in the W zone), the planning board may allow the provision of otherwise allowed nonresidential uses in alternate locations within the building. See subsection (4) below for nonresidential density.

(3)

Nonresidential density. Number and type of manufacturing, commercial, institutional and public uses shall be guided by the ability of the site and the surrounding area to accommodate parking, projected traffic levels, noise, sewer, water and storm drains. In a predominantly commercial development, the developer will be strongly encouraged, but not required, to use at least 25 percent of the site for residential use.

(4)

Nonresidential density for historical buildings greater than 100,000 square feet in the W zone. Contributing buildings on the National Historical Register located in the W zone that are in excess of 100,000 square feet of gross floor area shall have no required minimum percentage of nonresidential (including commercial) use, but such non-residential density shall be determined based upon the ability of the infrastructure (including water, sewer, other utilities, roadway system and traffic handling mechanisms), town services, and the environment to accommodate such density, along with the ability of the marketplace to absorb and utilize such nonresidential uses.

(e)

Objectives. These land development projects are designed to encourage the rehabilitation of urban waterfront and industrial areas of historic and/or conservation concern by pursuing the following objectives:

(1)

Minimizing traffic congestion and maximizing energy savings by reducing the number and length of automobile trips and by encouraging design friendly to pedestrians;

(2)

Promoting greater independence for the elderly, the young and physically or mentally handicapped individuals by providing greater accessibility and by bringing needs for daily life within walking distance of neighborhoods;

(3)

Enriching community identity by providing the opportunity for a broad range of housing types and work places consistent with traditional town character;

(4)

Protecting aspects of the built and natural environment and character which impart a sense of place to the community while allowing beneficial new uses and rejuvenation;

(5)

Safeguarding the physical fabric of the community from neglect and decay and preventing incongruous development and redevelopment;

(6)

Ensuring that changes of use, where they are allowed to occur, are appropriate and compatible with the architecture of the buildings on-site and the surrounding neighborhood;

(7)

Protecting the character of the area by encouraging development or redevelopment that does not generate excessive vehicular activity, noise or other nuisances, and which may jeopardize the continuing occupation and use of the neighboring properties;

(8)

For those rehab land development projects within the waterfront zone, maintaining and enhancing public access to the waterfront.

(f)

Minimum requirements. These land development projects are designed for mixed use which encourages the reuse of older structures or older areas within designated areas in town. Each rehab land development project shall be guided by the mix of uses of the surrounding area or district. The developer shall demonstrate to the satisfaction of the planning board the availability and adequacy of public and/or private circulation systems, services and utilities. The planning board may approve a phasing plan for the development based upon the availability of such services. The planning board may grant waivers for the design and layout of parking spaces, parking lot aisles, and driveways. The planning board may require parking spaces in excess of that required in section 28-252 of this chapter, but may not allow less than the required minimum number of parking spaces. The entire tract of land may either be one lot or a series of lots. If buildings straddle lot lines, the developer shall be encouraged to reconfigure the lots so that buildings do not straddle lot lines. Each lot must have access to a public street or publicly accessible area.

(g)

Public or institutional use. At least ten percent of the land area must be allocated for public or institutional use including, but not limited to, public parking, publicly accessible parks, squares, green spaces, waterfront access, interior spaces, public view corridors and buffer areas. The purpose for this public space is to promote and enhance the vitality of the project and the neighborhood, while also achieving public health, safety and welfare standards.

(Amend. of 8-3-22)

It is a goal of the town, as stated in the comprehensive plan, to promote high quality development along the corridor of Route 136 (Metacom Avenue) that will minimize the impact of increasing traffic flows, protect residential privacy and property values, and preserve scenic resources. The overlay district is established to provide an additional set of review criteria and design standards on development projects to achieve this goal.

(1)

Overlay zone boundaries. The overlay zone is as mapped on the official zoning map. The overlay zone applies to the parcel lot with frontage on Metacom Avenue, as well as any new lots created by the subdivision of larger parcels. Any proposed major land development project east of Metacom Avenue (regardless of frontage) shall be subject to the Metacom Avenue overlay.

(2)

Permitted uses. Any permitted use in the underlying zone is permitted in the overlay zone, subject to the design standards below. Uses permitted by special use permit are allowed if granted by the zoning board subject to the requirements of section 28-409; and, if applicable, section 28-150.

(3)

Review process. The review process for any development plan proposed in the overlay zone shall be as follows:

a.

Any development plan proposed in the overlay zone shall be reviewed by either the technical review committee or the planning board as set forth in article VI of this chapter. Any land development project proposed in the overlay zone shall be reviewed by the planning board. The review process shall be in accordance with the procedures set forth in the town's subdivision and development review regulations.

b.

The technical review committee or the planning board, as the case may be, may require a traffic impact study, prepared by a state registered professional engineer, for projects which generate new or additional parking for more than 20 cars. The purpose of the traffic study is to determine the proposed development's impact on traffic and level of service as well as specific mitigation measures for same. The scope of the traffic study shall be as required by the planning board engineer.

c.

Not withstanding any provision of this subsection, all entrance and exit driveways onto Route 136 (Metacom Avenue), a state road, shall be in accordance with the requirements of the state department of transportation and shall require a physical alteration permit from the state department of transportation and may require that the study area for traffic impact analysis include the following:

1.

In general, any links (streets) that would experience a directional increase of 250 ADT or 25 vehicles in a peak hour.

2.

Extend beyond the immediate area up to a half-mile outside the development boundaries and may include any link or street that experiences a ten percent directional increase in traffic resulting from the development project and the effects of other development (cumulative impact) which may coincide with the immediate development.

3.

Require that the traffic study completed for the RIDOT physical alteration permit for access to Metacom Avenue include, at a minimum, the study area identified by the town's planning department during the pre-application process.

4.

Require that developers consider roundabouts as an alternative means to traffic signalization.

5.

Require that developers provide sidewalks.

6.

Require applicants to conduct transportation management strategies to reduce commuting by single occupant vehicles by improved multimodal transportation links (sidewalks to bus stops), incentives for bus use (RIPTA bus passes), ride sharing/transportation demand management strategies (car and vanpooling, staggered shift hours, telecommuting). There may be a reduction in parking spaces as provided in article VIII of this chapter.

(4)

Development design standards. All development projects located within the Route 136 (Metacom Avenue) overlay zone shall be reviewed in accordance with the following standards:

a.

Service road. Developments located on the west side of Route 136, between Gooding and Tupelo, shall provide either a 30-foot right-of-way or 30 foot easement for imminent or future construction of a service road. This alignment shall be coordinated within projects and located so that vehicular and pedestrian traffic may move to and from developments without having to re-enter Route 136. The area of such service road shall be counted to meet any minimum lot area requirements.

b.

Commercial, mixed-use and multifamily residential developments. Development standards for commercial developments shall be as follows:

1.

Driveway and roadway spacing. Spacing between driveways and proposed roadway intersections shall be determined based on a function of the posted street speed limit according to the following schedule:

Spacing will be measured from the centerline of each driveway.

2.

Combined access. The sharing of driveway access points by two or more properties is recommended particularly where the driveway volumes will be low. Driveways should be located along common property lines or be established by easements over the property being served by the driveway. The technical review committee or the planning board, as the case may be, may require a shared driveway where site, traffic or development conditions warrant. In addition, an access easement to adjacent commercial sites for coordinated joint parking areas may also be required. Where combined access is provided, there may be a reduction in parking spaces as provided in article VIII of this chapter. Should one or both of the parcels with a shared driveway access point be redeveloped or change use (with an anticipated increase in volume), the technical review committee or planning board, as the case may be, may require an alternative site plan design or request the parcel owners seek a variance to maintain the existing driveway configuration.

i.

Parcels with frontage along Metacom Avenue and a secondary/side street (i.e. corner lots) shall be prohibited from establishing curb cuts along Metacom Avenue. Access to these properties shall be via the side roads, improving the safety, capacity and visual aesthetics of Metacom Avenue within the immediate area. Curb cuts may be permitted for enter/exit only lanes that prohibit left turning movements on Metacom Avenue.

3.

Dimensional requirements for access. All driveways shall be a minimum of 15 feet in width for every lane of traffic using such driveway. Combined entrance and exit driveways shall have a planted island with a minimum width of six feet between the lanes.

4.

Parking location. All parking areas shall be located to the rear or side of the buildings. In no case shall it be located in the rear or side yard setbacks; however, this provision may be waived if shared parking is being provided. Where parking is located to the rear, buildings should be oriented so that there is at least one rear entrance.

5.

Buffering. Buffering shall be as follows:

i.

There shall be a minimum 25-foot planted buffer between any commercial use, including parking and loading areas, and any residential use.

ii.

Mechanical equipment or other utility hardware on the roof, ground or buildings, shall be screened from public view with materials or plantings in harmony with the building, or they shall be so located as not to be visible from any public way. Refuse and waste removal areas and any exterior work areas shall also be so screened.

6.

Setback. There shall be a maximum 50-foot setback from Route 136 which shall consist of a landscaped area and sidewalk.

7.

Frontage. Lots created after the effective date of these provisions shall have a minimum of 200-foot frontage on Route 136 (Metacom Avenue).

c.

Single-family residential developments. Reserved.

(a)

The purpose of this section is to promote the development of large-scale solar photovoltaic facilities (SPF) to promote sustainable renewable energy options through the use of such equipment as solar photovoltaic cells. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section is also intended to promote the development of SPFs on properties that have been identified and confirmed by the Rhode Island Department of Environmental Management (RIDEM) as hazardous waste contamination sites, in order to catalyze property remediation, to provide an economic use for an otherwise developmentally-challenged property, and to direct solar energy systems away from forested areas, prime agricultural lands, and properties with high intrinsic value under another use scenario.

(b)

An SPF large-scale, solar photovoltaic facility shall be a permitted use on property owned by the Town of Bristol, which is both zoned OS and the site of a capped landfill, subject to review and approval by the planning board as a land development project (LDP). An SPF shall also be a specially permitted use when located on a remediated and restricted contamination site, or a contaminated site pending remediation, as a major land development project and requiring a special use permit by the zoning board.

(c)

The construction and operation of all large-scale solar photovoltaic installations shall be reviewed in accordance with the procedures and standards of section 28-282. The land proposed for the SPF is owned by the Town of Bristol or on a remediated and restricted contamination site, or a contaminated site pending remediation and an SPF shall not be approved unless the applicant(s) has/have executed a contingent sale (based on an SPF being approved) or an executed long-term lease (ten years or more) for all the property composing the proposed SPF. The board shall impose any reasonable conditions they find appropriate to improve the site design. The underlying zoning of the site shall stay in effect. In addition, electrical, plumbing and/or building permits from the building department shall be required.

(d)

Pre-application conference. The applicant shall have at least one pre-application conference with the director of the department of community development, "director". The director as administrative officer, may invite the director of public works, town engineer, fire chief, building official, zoning officer, and any other party deemed to be appropriate to the pre-application review.

(Ord. No. 2019-07, 6-26-19; Amend. of 1-27-21)

(a)

Consistency with the comprehensive community plan. The proposed large-scale solar photovoltaic facility shall further the implementation of the town's adopted comprehensive community plan and a finding of consistency with said document shall be required.

(b)

Front, rear and side yard building setback regulations. SPFs shall meet all required setbacks from all property lines which form the perimeter of the site and any interior access driveways and rights-of-way shall be indicated on the site plan and their material for construction, right-of-way width, and paved width, shall be shown on the required plans.

(c)

Operation and maintenance requirements for the SPF. The property shall be maintained by the owner(s) of the property and/or the operators of, in such a way that the property shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order; malfunctioning, equipment in disrepair or inoperable equipment shall be removed from the property immediately and disposed of in accordance with all applicable local, state and federal regulations.

(d)

Compliance with laws. The construction and operation of a ground-mounted solar photovoltaic facility shall comply with all applicable local, state, and federal requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of or associated with a ground-mounted solar photovoltaic facility shall be constructed in accordance with the state building code.

(e)

A sign at the facility shall be required to identify the name of the owner and operator of the facility and provide a 24-hour emergency contact phone number. The facility shall not be used for displaying any advertising except for reasonable identification of the operator of the facility.

(f)

No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. This requirement shall not interfere with utility company requirements on net metering.

(Ord. No. 2019-07, 6-26-19)

(a)

The maximum height of ground-mounted solar energy panels shall be 15 feet. The height of a ground-mounted solar energy system shall be measured from the ground level or the base of the system's pedestal to the highest point of the solar energy system or the base of the system's pedestal.

(b)

Ground-mounted solar energy systems shall conform to the yard requirements of the applicable zoning district or be set back a distance equal to the total height of a panel, whichever is greater.

(c)

Electrical wiring and connections from the solar energy system to any building(s) they serve shall be underground to the extent compatible with the topography and site conditions, unless the electrical lines must come aboveground at their termination point to connect to the building or utility line receiving the solar-generated electricity or due to the requirements of the landfill closure plan.

(d)

Electrical, plumbing, and/or building permits from the building official, following LDP approval from the planning board, shall be required.

(e)

Parking and aisle width requirements. The applicant shall demonstrate that adequate access, parking, driveway and access aisle widths and circulation are provided for service and emergency vehicles as determined by the board in consultation with the fire chief.

(f)

Drainage. Erosion and sedimentation control shall conform to the Rhode Island Department of Environmental Management Stormwater Design Manual and all applicable regulations of the Town of Bristol.

(g)

Landscaping. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted, solar photovoltaic field or as otherwise prescribed by applicable laws, regulations, and by-laws.

(h)

Reasonable efforts, as determined by the board, shall be made to place all utility connections from the SPF underground, depending upon appropriate soil conditions, shape, topography of the site, sub-surface conditions, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider or as required by landfill closure plan.

(i)

Lighting of a ground-mounted solar photovoltaic facility shall be consistent with local, state, and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(j)

Main access. At the main entrance to the facility, the property shall be secured from unauthorized access subject to the review and acceptance of the planning board and concurrence of the director of public works and the fire chief as it relates to the provision of emergency services.

(Ord. No. 2019-07, 6-26-19)

(a)

Major land development application form signed by both the Town of Bristol and an authorized representative of the proposed operator(s) of the facility, an executed ground lease for the location of the facility on portions of capped landfill owned by the town, and a description of the financial surety that satisfies section 28-290. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Rhode Island.

(b)

Site plan. The applicant shall submit a site plan containing the following information:

(1)

The boundaries of the property and the area, including dimensions and square footage of the total installation and number of arrays, showing where the solar arrays are proposed to be installed;

(2)

Geotechnical feasibility study relating to possible landfill settlement post-installation;

(3)

One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

(4)

Location and dimensions of proposed parking areas, roads, and other site improvements;

(5)

Existing and proposed grading, clearing and/or placement of vegetation;

(6)

Location of existing and proposed electric lines;

(7)

Location and perimeters of existing and proposed easements;

(8)

Location of all underground utilities, water and sewer lines;

(9)

The construction schedule and any phasing schedule for development of the SPF.

(10)

The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the town's fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(c)

Proof of liability insurance.

(d)

Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale solar photovoltaic facility, which shall include measures for maintaining safe access to the facility, stormwater control, as well as general procedures for operational maintenance of the facility. Maintenance shall include, but be not limited to, painting, structural repairs, and integrity of security measures.

(e)

Additional materials. The applicant shall submit additional information, reports or other information required by the planning board to make an informed decision.

(f)

Utility notification. No large-scale ground mounted photovoltaic facility shall be constructed until evidence has been given to the board that the utility company that operates the electrical grid where the facility is to be located has been informed of the solar photovoltaic facility owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(Ord. No. 2019-07, 6-26-19)

(a)

Removal requirements. Any large-scale ground-mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 28, Zoning, shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(1)

Physical removal of all large-scale ground-mounted SPFs, structures, equipment, security barriers and transmission lines from the site.

(2)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(3)

Stabilization or re-vegetation of the site as necessary to minimize erosion. The board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(b)

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPF shall be considered abandoned when it fails to operate for more than one year without the written consent of the town council and planning board as it relates to the land development project approval. If the owner or operator of the large-scale ground-mounted SPF fails to remove the facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the town may physically remove the facility.

(c)

Financial surety. Applicants proposing to develop large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the board (and subject to the review of the town solicitor), as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. Such surety will not be required for municipally or state-owned facilities.

(Ord. No. 2019-07, 6-26-19)

(a)

Applications for major land development project review of large-scale ground-mounted solar photovoltaic facility, located on a remediated and restricted contamination site or a contaminated site pending remediation shall include, in addition to the requirements set forth in the town's subdivision and land development regulations and the requirements of this section, the following, based on the type of contaminated site on which the system is proposed:

(1)

Systems proposed on a contaminated site pending remediation shall submit:

a.

The associated "letter of responsibility" and "remedial approval letter" from RIDEM, and all applicable attachments or appendices;

b.

A copy of any environmental land use restriction (ELUR) required by RIDEM to be imposed on the contaminated site(s) along with a narrative explaining the content of such restriction;

c.

Confirmation from RIDEM that a solar energy system is an acceptable use for the contaminated site(s); and

d.

A site plan and associated materials delineating the extent of the contamination previously or currently existing on the site(s) and the extent of disturbance that will be required to perform the approved remediation activities, including square footage calculations of said areas compared to the total area of the subject site(s).

(2)

Systems proposed on a remediated and restricted contamination site(s) shall submit:

a.

The associated "letter of compliance" or "interim letter of compliance" from RIDEM;

b.

Written confirmation from RIDEM that the proposed contaminated site solar energy system is consistent with the requirements for maintaining compliance; and

c.

A site plan and associated materials delineating the extent of the remediation activities and any clearing that was necessary due to remediation activities, including square footage calculations of contaminated areas compared to the total area of the subject site(s).

(b)

Any approval issued for a system proposed on a contaminated site pending remediation shall be conditioned on receipt of a "letter of compliance" or an "interim letter of compliance" from RIDEM prior to issuance of a permit for installation of the solar energy system.

(Amend. of 1-27-21)

The purpose of this division is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Bristol elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

(Ord. No. 2014-07, 6-25-14)

(a)

The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Bristol designated as zone A, AE, AH, AO, A99, V, or VE on the Bristol County Flood Insurance Rate Map (FIRM) and digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Bristol are panel numbers 44001C0010H, 44001C0011H, 44001C0012H, 44001C0013H, 44001C0014H, 44001C0017H, and 44001C0018H dated July 7, 2014. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 7, 2014. The department of community development is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the department of community development and Rogers Free Library.

(b)

The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

(1)

Rhode Island State Building Code (as established under RIGL § 23-27.3);

(2)

Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (RIGL § 46-23);

(3)

Endangered Species Act, Rhode Island Department of Environmental Management (RIGL § 20-1-2);

(4)

Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL § 2-1-18);

(5)

Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2);

(6)

Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL §§ 42-17.1, 42-17.6, and 46-12).

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(c)

Disclaimer of liability. The degree of flood protection required by this division is considered reasonable but does not imply total flood protection.

(d)

Severability. If any section, provision, or portion of this division is adjudged unconstitutional or invalid by a court, the remainder of the division shall not be affected.

(e)

Abrogation and greater restriction. This division shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this division imposes a greater restriction, the provisions of this division shall control.

(f)

The requirements set forth in this division shall be in addition to any applicable requirements in this chapter and in any other regulation which may be applicable, including the requirements of the historic district. Additionally, more stringent requirements shall apply to coastal high-hazard areas which are defined as those special flood hazard areas along the town's coastline which are subject to high-velocity waters from hurricane wave wash and wave run-up as designated as zone V1-30 on the flood map (hereinafter referred to as the "V-zone"). Variances may be sought from this section for structures that are designated historical and are in the historic district or are individually listed historic structures, reference is made to section 28-310 "Variance".

(Ord. No. 2014-07, 6-25-14)

Unless specifically defined below, words and phrases used in this division pertain to floodplain management, have the same meaning as they have in common usage and to give this division its most reasonable application.

Accessory structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Area of shallow flooding (for a community with AO or AH zones only) means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. See definition for "special flood hazard area".

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the elevation of the crest of the base flood or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See definition for "structure".

Coastal A zone means an area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to one and one-half feet.

Cost means as related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

Development means any manmade change to improved or unimproved real estate, including but not limited to, the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Dry floodproofing means any combination of structural and nonstructural protection measures incorporated in a building that is not elevated above the base flood elevation that keeps water from entering the building to prevent or minimize flood damage. Note: For insurance purposes, a dry floodproofed, nonresidential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.

Existing manufactured home park or manufactured home subdivision means a manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or manufactured home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program (NFIP).

Finished living space means fully enclosed areas below the base flood elevation (BFE) that are not considered a basement cannot have finished living space and needs to be designed to be exposed to flood forces. These spaces can only be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.

Flood orflooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood boundary and floodway map (FBFM) means the official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the limits of the regulatory floodway and 100-year floodplain.

Flood insurance rate map (FIRM) means the official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means the official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The flood insurance rate maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway".

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Functionally dependent use or facility means a use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

Highest adjacent grade (HAG) means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Limit of moderate wave action (LiMWA) means an advisory line indicating the limit of the one and one-half foot wave height during the base flood.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of section 28-309.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". NOTE: Manufactured homes are not allowed in Bristol. Reference the use table at section 28-82.

Manufactured home park or manufactured home subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Market value means the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

Mean sea level (MSL) means average height of the sea for all stages of the tide, usually determined from hourly height observations over a 19-year period on an open coast or in adjacent waters having free access to the sea. The National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) to which base flood elevations shown on the community flood insurance rate map (FIRM) are referenced.

New construction means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or manufactured home subdivision means a manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway. See definition for "floodway".

Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sheet flow area (for community with AO, AH, or VO zones only). See definition for "area of shallow flooding".

Special flood hazard area (SFHA) means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

Start of construction means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For insurance purposes, "structure" means:

(1)

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

(2)

A manufactured home ("a manufactured home" also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or,

(3)

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinance or laws.

For the latter purposes, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid storage tank.

Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic" structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Variance means a grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

Violation means failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. Construction or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Wet floodproofing means measures designed to minimize damage to a structure or its contents by water that is allowed into a building.

(Ord. No. 2014-07, 6-25-14)

(a)

Building permit. All proposed construction or other development within a special flood hazard area shall require a permit.

(b)

The National Flood Insurance Program special flood hazard area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another state agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.

(c)

The application for a building permit or flood hazard development permit shall be submitted to the building official and shall include:

(1)

The name and address of the applicant;

(2)

An address or a map indicating the location of the construction site;

(3)

A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot; existing contour intervals of site and elevations of existing structures must be included on the plan proposal;

(4)

A statement of the intended use of the structure;

(5)

A statement as to the type of sewage system proposed;

(6)

Specification of dimensions of the proposed structures;

(7)

The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

(8)

Base flood elevation data for all new, relocated or substantially improved structures; reference also subsections 28-307(12) and (13) for determining base flood data;

(9)

The elevation (in relation to mean sea level) to which the structure will be floodproofed;

(10)

The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

(11)

Application permit fee; and, if applicable, engineering review fee (see section 28-305).

(d)

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

(Ord. No. 2014-07, 6-25-14)

A permit fee $3.00 per $1,000.00 valuation shall be paid to the Town of Bristol and shall accompany the application. An additional fee will be charged if the building official and/or building code board of appeals needs the assistance of a professional engineer.

(Ord. No. 2014-07, 6-25-14)

(a)

The building official shall:

(1)

Review all applications for flood hazard development permits to determine that all pertinent requirements as described in section 28-307 have been or will be met;

(2)

Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study—Town of Bristol, Rhode Island, Bristol County," as described in section 28-302.

(3)

Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in section 28-302;

(4)

In A zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for floodproofing or elevating nonresidential structures to or above the base flood level.

(5)

In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;

(6)

Notify adjacent municipalities, the state department of environmental management and the state bureau of civil emergency preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and

(7)

Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.

(Ord. No. 2014-07, 6-25-14)

The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in section 28-302. Please also refer to the current Rhode Island State Building Code, one and two family dwelling code, plumbing code, mechanical code, and electrical for state standards. The coastal resource management council (CRMC) and/or department of environmental management (RIDEM) may also require special permits for development on the coastal feature.

(1)

In a riverine situation, the building official shall notify the following of any alteration or relocation of a watercourse:

a.

Adjacent communities.

b.

NFIP State Coordinator, Rhode Island Emergency Management Agency, 645 New London Avenue, Cranston, RI 02920.

c.

Risk Analysis Branch, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110.

The carrying capacity of the altered or relocated watercourse shall be maintained.

(2)

In zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Bristol County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in the base flood levels within the community during the occurrence of the base flood discharge.

(3)

The filling or excavation of land may be permitted only under the following conditions:

a.

Said action will not encroach upon a watercourse.

b.

Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the building official shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.

(4)

No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods shall be permitted in any special flood hazard area. Such materials or equipment shall include but not necessarily be limited to: lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.

(5)

Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to: fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.

(6)

The use of flood-resistant materials for structures within an area of special flood hazard as defined in section 28-302.

(7)

Construction methods and practices should be used that minimize flood damage.

(8)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities designed and/or located to prevent water entry to accumulation.

(9)

Onsite waste disposal systems are to be designed to avoid impairment or contamination of the floodway.

(10)

New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration.

(11)

Base flood elevation data is required for subdivision proposals, land development or development plan review proposals or other development greater than five lots or one acre.

(12)

Floodway data. In zones A, A1-30, and AE, along watercourse that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(13)

Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.

(14)

In addition to the foregoing, in a V-zone, the following requirements shall apply to any proposed development:

a.

The alteration of sand dunes, where existing, is prohibited.

b.

All new construction shall be located landward of the reach of mean high tide.

(15)

No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.

(Ord. No. 2014-07, 6-25-14)

The planning board shall, when reviewing subdivisions under state statutes, any locally adopted additional subdivision regulations, or local shoreland and town-wide zoning, assure that:

(1)

All such proposals minimize flood damage.

(2)

All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided so as to reduce exposure to flood hazards.

(4)

Base flood elevation data shall be provided by the developer.

(Ord. No. 2014-07, 6-25-14)

(a)

Construction standards in special flood hazard areas (SFHA), zones A, A1-30, AE.

(1)

Residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE).

(2)

Nonresidential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or nonresidential structures shall:

a.

Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or

b.

In lieu of being elevated, nonresidential structures may be dry floodproofed to one foot above the BFE provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Rhode Island registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice or meeting the provisions of this section. Such certification shall be provided to the building official.

(3)

Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building, shall be designed to preclude finished living space and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island registered professional engineer or architect, or meet the following minimum criteria listed in subsections a.—h. below:

a.

Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required;

b.

The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building;

c.

The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the building official; or

d.

The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;

e.

All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage;

f.

Electrical, plumbing, machinery or other utility equipment that service the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates;

g.

The space below the lowest floor shall be:

1.

Free of obstructions as described in FEMA Technical Bulletin 5 "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program," or

2.

Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or,

3.

Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten or more than 20 pounds per square foot.

h.

A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of subsection (a)(3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of subsection (a)(2).

(4)

Manufactured (mobile) homes and recreational vehicles (RVs). NOTE: Manufactured homes are not allowed in Bristol. Reference the use table at section 28-82.

a.

In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.

b.

All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.

c.

All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than ten feet apart, and reinforcement is provided for piers more than six feet above ground level.

d.

Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days, and (ii) be fully licensed and ready for highway use, or (iii) be elevated and anchored. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Reference section 28-142 for stricter requirements.

e.

Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.

(5)

Within zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

(6)

Within zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRMs depth number above the highest adjacent grade and non-residential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.

(7)

Accessory structures. Detached accessory structures in zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:

a.

The structure is no more than 500 square feet and has a value less than $1,000.00.

b.

The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

c.

The structure is used solely for parking of vehicles and/or limited storage.

d.

The accessory structure must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.

e.

The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

f.

Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

g.

The structure must not increase the flood levels in the floodway.

h.

The structure is not used for storage of hazardous materials.

i.

The structure is not in a floodway.

(b)

Additional construction standards in coastal V-zones.

(1)

Residential and nonresidential construction. In V1-30, VE, and V-zones, the elevation of the bottom of the lowest horizontal structural member of the lowers floor of all new and substantially improved structures shall be obtained and maintained. Further, all new construction, substantial improvements:

a.

Shall be elevated and secured to anchored pilings or columns so that the bottom of the lowest horizontal structural member is at or above the base flood elevations (BFE).

b.

Shall be certified by a registered professional engineer/architect that the design and methods of construction meet elevation and anchoring requirements.

c.

Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage.

d.

Shall not utilize fill for structural support.

(2)

Manufactured homes. Manufactured homes placed or substantially improved within V1-V30, VE, and V-zones, which meet one of the following criteria, shall meet the V-zones standards.

a.

Outside a manufactured home park or manufactured home subdivision;

b.

In a new manufactured home park or manufactured home subdivision;

c.

In an expansion to an existing manufactured home park or manufactured home subdivision;

d.

On a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.

In V1-30, VE, and V-zones, manufactured homes shall be placed or substantially improved in an existing manufactured home park to be elevated so that:

a.

The lowest floor is at or above the base flood elevations; or

b.

The chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored.

(3)

Recreational vehicles. In V1-30, VE, and V-zones, all recreational vehicles to be placed on a site must:

a.

Be elevated and anchored; or

b.

Be on the site for less than 180 consecutive days; or

c.

Be fully licensed and highway ready.

(Ord. No. 2014-07, 6-25-14)

(a)

The building code board of appeals may hear and grant a variance as prescribed in this chapter subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said section, the board shall undertake the following in granting a variance from the provisions of this article:

(1)

Describe in its decision the exact extent of the variance granted.

(2)

Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25.00 per $100.00 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.

(3)

Forward a copy of its written decision and findings to the applicant, the director of community development, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the town to the administration.

(b)

No variance may be granted which will result in any increase in flood levels.

(Ord. No. 2014-07, 6-25-14)

(a)

It shall be the duty of the building official to enforce the provisions of this division as applicable in reference to RIGL § 23-27.3-108.1.

(b)

Penalties. Every person who shall violate any provision of this division shall be subject to penalties put forth in RIGL § 23-27.3-122.3.

(Ord. No. 2014-07, 6-25-14)

See the Soil Erosion, Runoff and Sediment Control Ordinance found in chapter 29 of the Bristol Town Code.

The purpose of the EI zone is to permit the continued viability and expansion of higher education institutions in designated districts of the town in a planned manner, while protecting surrounding cultural, historic, and environmental resources. It is hereby recognized that a higher education institution exists in the town. In order to recognize this existing development and to permit this institution to grow and expand, an EI zone has previously been incorporated into Table A—Permitted Use Table and Table C—Dimensional Table. The standards and criteria for the EI zone are hereby created and mapped on the official zoning map.

(a)

Use of property owned or leased by a higher education institution (hereafter "institution") and located in an EI zone shall be governed by the provisions of this division. Specific permitted principal uses are identified in Table A—Permitted Use Table. Accessory uses that are normally accessory and subordinate to such permitted uses are also permitted in the EI zone.

(b)

Specific dimensional requirements are identified in Table C—Dimensional Table, for the EI zone, provided however that for the Campus of Roger Williams University, east of Metacom Avenue, the EI zone shall be further divided into three subdistricts, based on the permitted height. These districts shall be: EI-35 (35-foot maximum height), EI-48 (48-foot maximum height), EI-65 (65-foot maximum height). The location of such subdistricts shall be based on those certain "sectors" shown on that certain map entitled "Roger Williams University Map, for Draft Institutional Master Plan, dated September 20, 2001," (the Roger Williams Draft Map) a copy which is in the custody of the town clerk and hereby incorporated by reference.

(Ord. No. 2025-07, Att., 5-28-25)

Specific parking and loading requirements are identified in article VIII of this chapter.

(1)

Off-street parking spaces required for institutional uses shall be located in the EI zone or immediately adjacent thereto.

(2)

When an institution has a noncontiguous campus, parking may be supplied on one part of the campus to meet the parking needs of the other noncontiguous part of the campus provided that a shuttle service is supplied by the institution to move students and staff between the noncontiguous campuses. This provision is applicable only if an institutional master plan, which includes a parking/shuttle plan, has been submitted and approved in accordance with the provisions of this chapter.

(3)

Notwithstanding article VIII of this chapter, the planning board as part of its approval of the institutional master plan may:

a.

Allow sodium vapor lights to be used provided that such lights are aimed and shaded so as not to cast glare or light onto neighboring properties.

b.

Allow the size of certain parking spaces to be reduced to not less than nine feet in width.

c.

Modify interior landscaping standards for parking lots, provided that in the EI 35 zone only, any reduced landscaping is replaced elsewhere on the campus in the EI 35 zone and so delineated on the institutional master plan.

(4)

The parking requirements, as to the number of parking spaces required pursuant to subsection 28-251(3) of this chapter, are hereby declared to be an integral part of the nature of the educational institution use and therefore any variance sought from the zoning board from parking requirements shall be deemed to be a use variance.

All higher education institutions shall file an institutional master plan with the planning board, which institutional master plan shall be in compliance with the use and dimensional requirements of this division and the town's comprehensive plan and which shall be approved by the planning board through formal development plan review.

(1)

Purpose. An institutional master plan is required to promote the orderly growth and development of institutions while preserving neighborhood character, and historic resources, and to ensure that the plans are consistent with the town's comprehensive plan. The institutional master plan shall be a statement, in text, maps, illustrations, or other media of communication that is designed to provide a basis for rational decision making regarding the long term physical development of the institution. The plan shall include an implementation element which defines and schedules for a period of five years or more, the specific public actions to be undertaken in order to achieve the goals and objectives of the plan.

(2)

Filing requirements and changes.

a.

Institutions shall file with the planning board an institutional master plan within six months following the adoption of this division. Said institution shall review its institutional master plan five years following the first approval, and every five years thereafter (regardless of any intervening amendments) to determine if any changes are being considered or proposed. If changes are not proposed, the institution shall notify the planning board in writing that the current institutional master plan is valid for another five years.

b.

The institutional master plan may be amended at any time by the institution upon application to the planning board. An amendment shall be required for any of the following:

1.

Any proposed change at all between the sight visibility line (SVL) as hereinafter defined and a street;

2.

Any proposed change at all within Sector 1 on the Roger Williams Draft Map;

3.

Any proposed change greater than 25 percent in the size of a building or structure in Sectors 2 or 3 on the Roger Williams Draft Map;

4.

Any proposed change greater than 100 feet in the location of a building or structure in Sectors 2 or 3 on the Roger Williams Draft Map;

5.

Any proposed new building or structure in Sectors 2 or 3 on the Roger Williams Draft Map;

6.

Any proposed changes for dormitories or any increase in residential dormitory capacity;

7.

Any proposed change to designated buffers;

8.

Any proposed change that decreases existing landscaping by 20 percent or more.

c.

In addition to amendment of the institutional master plan, minor changes to the institutional master plan may be made by the institution upon prior written notice to the planning board. Minor changes include, but are not limited to, the following:

1.

The addition or cumulative addition to an existing building of less than 25 percent in the size of a building or structure, or less than 100 feet in the location of a building or structure in Sectors 2 or 3 on the Roger Williams Draft Map,

2.

Any change in parking which does not result in a net decrease in the number of spaces available on the campus.

d.

Notwithstanding the foregoing, a mere change from one department or discipline to another shall NOT be deemed to be any change to the institutional master plan. Examples of such nonchange events include a change from English department classrooms to law school classrooms, or a change from admissions office to development office.

(3)

Review and approval. An institutional master plan shall be subject to the procedure for review and approval set forth in the subdivision and development review regulations of the Town of Bristol for formal development plan review.

(4)

Plan contents. The institutional master plan shall contain the following minimum requirements:

a.

Mission statement of the institution, including its relationship with the neighborhoods communities and environment in which it is physically situated.

b.

Description of existing conditions that shall include a list of all properties owned or leased by the institution within the town regardless of whether they are part of the institution's institutional master plan. The list shall be arranged by assessors plat and lot and include street address, present uses, whether single or multiple uses, including street level and all upper story uses; condition of buildings, structures, parking lots, open space and the like; and other relevant existing conditions of the campus or grounds. Use shall include the general academic function of the building or structure, and not the specific program (e.g. "classroom" and not "English Department classroom").

c.

A list of properties owned by the institution and on the National Register of Historic Places or designated in a local historic district and proposed exterior changes to these properties (other than ordinary maintenance), if known.

d.

Statement of ten-year goals and five-year objectives and means and approaches through which such goals and objectives may be reached.

e.

Proposed changes in land holdings of the institution including property to be acquired or sold, proposed street(s) to be abandoned, and new streets to be established including private rights-of-way. Property acquired by an educational institution after the approval of its institutional master plan shall automatically be referred to the planning board for a recommendation on amendment by the town council as an amendment to the zoning map, and upon submission of an application by the educational institution, the amendment to the institutional master plan shall be considered by the planning board at a public hearing simultaneously with its consideration of a recommendation to the town council regarding such amendment.

f.

Proposed changes in land use within the institution's campus and grounds.

g.

Proposed capital improvements including new structures, additions to existing structures, parking garages, parking lots, parks, and grounds. Major renovations that affect the building and/or campus grounds shall be included. The plan shall, at a minimum, identify the location of such improvements (on a map of the campus), the footprint and exterior dimensions of any new structure, height in stories and feet, proposed uses, including primary and accessory uses, parking and loading to support such uses, and landscaped buffers.

h.

For the campus of Roger Williams University located east of Metacom Avenue, the institutional master plan shall include a map showing the division of said campus into four sectors including the "buffer" sector. A drawing, prepared by a licensed engineer or surveyor, shall set out all existing buildings and structures, and landscape features as well as the buildings and structures proposed for the next five years. Each sector shall correspond to one of the three subdistricts with its own maximum height. The planning board shall approve the exact location of the zoning subdistricts as referenced above, and they shall be clearly marked on the approved and recorded institutional master plan, a copy of which shall be placed in the custody of the town clerk and hereby incorporated by reference as part of the official zoning map.

i.

For the campus of Roger Williams University located east of Metacom Avenue, the institutional master plan shall include a map showing a designated buffer along all property lines where the campus abuts a street. Said buffer shall not be less than 80 feet deep from the property line abutting Metacom Avenue and Ferry Road, extending from the northernmost part of the building currently used as a performing art center to the southern end of "Sector 1" as shown on the Roger Williams Draft Map. Said buffer may not include any permanent buildings or structures, but may be used for educational institutional purposes such as athletic fields, and may contain temporary structures such as athletic goals and spectator stands. Said map shall also include a buffer of not less than 50 feet from the property of any other land owner, which buffer shall not be used for any purpose other than landscaped buffer. Said map shall also show a "street visibility line" (hereafter "SVL"), beyond which line new buildings or structures would not be visible from a street, due either to sloping topography, existing vegetative screening provided such screening is within the designated buffer, or existing buildings and structures. The planning board shall approve a buffer and SVL, with both to be clearly marked on the approved and recorded institutional master plan.

j.

For any new building or addition to an existing building that has building plans, including scaled plans and elevations, such plans and drawings shall be included in the institutional master plan submission. For any new building or structure, and any addition to existing buildings that is located, in whole or in part, between the SVL and a street, architectural drawings shall be submitted to the technical review committee for development plan review, pursuant to the town subdivision and development review regulations and this chapter. The development plan review shall include the location including the relationship to the public street and the impact on the view of the campus from the public street, overall design including the basic architectural style, the shape and form of the roof, the facade, the fenestration and the integration of the new structure into the campus parking and circulation system.

k.

Proposed demolition of any building, structure, parking garage, parking lot, park, or any other campus facility. In the event of demolition for any building that has tenants other than the institution itself, the institutional master plan shall contain a tenant relocation program which shall contain, as a minimum, provisions relative to institutionally owned residential structures intended for demolition. The relocation shall contain alternatives to demolition which will accommodate the interests of said tenants, the neighborhood and the institutions and which will provide for tenant relocation assistance.

l.

A circulation plan indicating existing and proposed vehicular access, pedestrian sidewalks and general circulation layout of the campus. The circulation plan shall be prepared by a registered professional engineer who shall have significant experience in traffic engineering. The circulation plan shall address on-site and off-site impacts on adjacent streets. In addition, the plan shall address the adequacy of on-site traffic circulation, parking and loading, sidewalk/pedestrian circulation, delivery, and emergency access and related circulation issues.

m.

A parking plan that shows the location of all parking on and off the campus. The plan shall identify: the number of parking spaces that exist and the number that are required by this division; the location of new spaces required as a result of any proposed development; any proposed shuttle system between lots and campus facilities; and other information deemed appropriate.

n.

Any proposed activity that would require an action by the town to implement.

o.

Application filing fee, in the amount of $1,000.00, or as may be amended by the town council from time to time. Engineering review fees, inspections fees, and other fees (as per Article 7 of the town subdivision and development review regulations) shall be reimbursed by the applicant based on the actual costs incurred by the town, prior to final approval.

p.

The institutional master plan shall contain text and maps to facilitate the review process.

(Ord. No. 2025-07, Att., 5-28-25)

The purpose of the HPC zone is to preserve and protect the existing uses of historic properties of importance to the town; and to allow them to be used in a planned manner and permit certain minimal additions to those existing uses; while protecting and preserving the cultural, historic and environmental resources of the property and the town.

(a)

Use of property located in an HPC zone shall be governed by the provisions of Table A—Permitted Use Table. Land or structures owned or leased by a nonprofit organization or corporation, or by the State of Rhode Island or one of its instrumentalities shall also require the preparation and approval of an institutional master plan (as hereinafter defined) and shall be deemed to be an "historic institution".

(b)

It is the intent of this section and Table A to allow a variety of uses in existing buildings for historic institutions. It is also the intent to allow certain new construction on the grounds or "campus" of such historic institutions. However, in all cases, it is the intent of this section that permitted uses such as office rental, caretaker's residences, and waterfront uses, be incidental, subordinate and accessory to the principal historic institution.

(c)

Specific dimensional requirements shall be the same as those identified in Table C—Dimensional Table for the R-40 zone. Dimensional requirements are hereby declared to be an integral part of the nature of the historic institution use and therefore any variance sought from the zoning board from dimensional requirements shall be deemed to be a use variance.

Specific parking and loading requirements are identified in article VIII of this chapter and shall be provided as required for the underlying use.

(1)

Off-street parking spaces required for historic institution uses shall be located in the HPC zone.

(2)

When a historic institution has a noncontiguous campus, parking may be supplied on one part of the campus to meet the parking needs of the other noncontiguous part of the campus provided that a shuttle service is supplied by the historic institution to move visitors, guests and staff between the noncontiguous campuses. This provision is applicable only if an institutional master plan, which includes a parking/shuttle plan, has been submitted and approved in accordance with the provisions of this chapter.

(3)

Notwithstanding article VIII of this chapter, the planning board as part of its approval of the institutional master plan may:

a.

Allow sodium vapor lights to be used provided that such lights are aimed and shaded so as not to cast glare or light onto neighboring properties, including public spaces such as Mount Hope Bay.

b.

Allow the size of certain parking spaces to be reduced to not less than nine feet in width, provided such spaces are conspicuously marked for compact cars and that provision is also made for extra large vehicles such as sport utility vehicles.

c.

Modify interior landscaping standards for parking lots, provided that any reduced landscaping is replaced elsewhere on the campus and so delineated on the institutional master plan.

(4)

The parking requirements are hereby declared to be an integral part of the nature of the historic institution use and therefore any variance sought from the zoning board from parking requirements shall be deemed to be a use variance.

All historic institution uses may remain as they were as of the date of adoption of this division (September 20, 2001) without an institutional master plan. However, for any changes other than minor changes as defined below, the historic institution shall be required to file an institutional master plan with the planning board, which institutional master plan shall be in compliance with the use and dimensional requirements of this division and the town's comprehensive plan and which shall be approved by the planning board as a major land development project. Such institutional master plan shall be approved prior to the issuance of any approvals, permits or certificates of appropriateness. Nothing herein shall prevent an historic institution from filing an institutional master plan at any time.

(1)

Purpose. An institutional master plan is required to promote the orderly and limited growth to support the historic institution while preserving neighborhood character, and historic resources, and to insure that the plans are consistent with the town's comprehensive plan. The institutional master plan shall be a statement, in text, maps, illustrations, or other media of communication that is designed to provide a basis for rational decision making regarding the long term physical development of the historic institution. The plan shall include an implementation element which defines and schedules for a period of five years or more, the specific public actions to be undertaken in order to achieve the goals and objectives of the plan.

(2)

Filing requirements and changes.

a.

Historic institutions shall file with the planning board an institutional master plan as set forth above. Said historic institution shall review its institutional master plan five years following the first approval, and every five years thereafter (regardless of any intervening amendments) to determine if any changes are being considered or proposed. If changes are not proposed, the historic institution shall notify the planning board in writing that the current institutional master plan is valid for another five years.

b.

The institutional master plan may be amended at any time by the historic institution upon application to the planning board.

c.

Minor changes to the historic institution use include, but are not limited to the following:

1.

The addition or cumulative addition to an existing building of less than 250 square feet,

2.

Changes to existing landscaping not located in a designated buffer;

3.

Any change in parking which does not result in a net decrease in the number of spaces available.

d.

Major changes to the historic institution use include, but are not limited to, changes to the use of any existing building. An example of such change of use would include the conversion of a residence or museum to a country inn.

e.

Whether or not an institutional master plan has yet been filed by the historic institution, a minor change may be made by the institution upon prior written notice to the planning board.

(3)

Review and approval. An institutional master plan shall be subject to the procedure for review and approval set forth in the subdivision and development review regulations of the Town of Bristol for a major land development. (Note: an institutional master plan includes the entire process of a major land development, including the pre-application stage, the conceptual master plan stage and the preliminary plan stage the latter two of which may be combined by the planning board and the final plan stage.) Where an historic institution is also subject to the jurisdiction of the Bristol Historic District Commission ("commission"), the commission's approval shall also be necessary for the institutional master plan, although changes to individual structures or new structures may receive final approval and certificate of appropriateness at a later date when detailed plans of said structure are available.

(4)

Plan contents. The institutional master plan shall contain the following minimum requirements:

a.

Mission statement of the historic institution, including its relationship with the neighborhoods communities and environment in which it is physically situated.

b.

Description of existing conditions that shall include a list of all properties owned or leased by the historic institution within the town regardless of whether they are part of the institution's institutional master plan. The list shall be arranged by assessors plat and lot and include street address, present uses, whether single or multiple uses, including street level and all upper story uses; condition of buildings, structures, parking lots, open space, public space, and the like; and other relevant existing conditions of the campus or grounds. Use shall include the general function of the building or structure.

c.

A list of properties owned by the historic institution that are on the National Register of Historic Places or designated in a local Bristol Historic District (including individually listed properties) and proposed exterior changes to these properties (other than ordinary maintenance), if known.

d.

Statement of ten-year goals and five-year objectives and means and approaches through which such goals and objectives may be reached.

e.

Proposed changes in land holdings of the historic institution including property to be acquired or sold, proposed street(s) to be abandoned, and new streets to be established including private rights-of-way.

f.

Proposed changes in land use within the historic institution's campus and grounds.

g.

Proposed capital improvements including new structures, additions to existing structures, parking garages, parking lots, parks, and grounds. Major repairs that affect the building and/or campus grounds shall be included. The plan shall, at a minimum, identify the location of such improvements (on a map of the campus), the footprint and exterior dimensions of any new structure, height in stories and feet, proposed uses, including primary and accessory uses, parking and loading to support such uses, and landscaped buffers.

h.

For the campus of all historic institutions, the institutional master plan shall include a map showing all existing landscaped areas, and a designated buffer along all property lines where the campus abuts a street. Said buffer shall not be less than 80 feet from the property line. Said buffer may not include any permanent buildings or structures, but may be used for historic institutional purposes, including agriculture, and may contain temporary structures or structures that exist as of the date of the adoption of this section. Said map shall also include a buffer of not less than 50 feet from the property of any other land owner, which buffer shall not be used for any purpose other than landscaped buffer. The planning board shall approve a buffer to be clearly marked on the approved and recorded institutional master plan.

i.

For any new building or addition to an existing building that has building plans, including scaled plans and elevations, such plans and drawings shall be included in the institutional master plan submission. If historic district commission review is not required, architectural drawings for new buildings and additions shall be submitted to the technical review committee for development plan review, pursuant to the town subdivision and development review regulations and this chapter. The development plan review shall include the location including the relationship to the public street and the impact on the view of the historic institution's campus from the public street, overall design including the basic architectural style, the shape and form of the roof, the facade, the fenestration and the integration of the new structure into the campus parking and circulation system.

j.

Proposed demolition of any building, structure, parking garage, parking lot, park, or any other campus facility. In the event of demolition for any building that has tenants other than the institution itself, the institutional master plan shall contain a tenant relocation program which shall contain, as a minimum, provisions relative to institutionally owned residential structures intended for demolition. The relocation shall contain alternatives to demolition which will accommodate the interests of said tenants, the neighborhood and the institutions and which will provide for tenant relocation assistance.

k.

A circulation plan indicating existing and proposed vehicular access, pedestrian sidewalks and general circulation layout of the campus. The circulation plan shall be prepared by a registered professional engineer who shall have significant experience in traffic engineering. The circulation plan shall address on-site and off-site impacts on adjacent streets. In addition, the plan shall address the adequacy of on-site traffic circulation, parking and loading, sidewalk/pedestrian circulation, delivery, and emergency access and related circulation issues.

l.

A parking plan that shows the location of all parking on and off the campus. The plan shall identify: the number of parking spaces that exist and the number that are required by this chapter; the location of new spaces required as a result of any proposed development; any proposed shuttle system between lots and campus facilities; and other information deemed appropriate.

m.

Any proposed activity that would require an action by the town to implement.

n.

Application filing fee, in the amount of $500.00, or as may be amended by the town council from time to time. Engineering review fees, inspections fees, and other fees (as per Article 7 of the town subdivision and development review regulations) shall be reimbursed by the applicant based on the actual costs incurred by the town, prior to final approval.

o.

The institutional master plan shall contain text and maps to facilitate the review process.

Adjustment(s) means a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in RIGL §45-53-4(d)(2)(iii)(E)(II).

Consistent with local needs means reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the zoning ordinance, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.

Infeasible means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

Letter of eligibility means a letter issued by the Rhode Island housing and mortgage finance corporation in accordance with RIGL §42-55-5.3(a).

Local review board means the planning board.

Low- or moderate-income housing shall be synonymous with affordable housing as defined in RIGL § 42-128-8.1, and further means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20 percent of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in RIGL § 42-128-8.1.

Monitoring agents means those monitoring agents appointed by the state housing resources commission pursuant to RIGL §45-53-3.2 and to provide the monitoring and oversight set forth in this chapter, including, but not limited to, RIGL §§45-53-3.2 and 45-53-4.

(Ord. No. 2023-23, 12-6-23)

(a)

Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25 percent of the housing is low- or moderate-income housing.

(b)

Notwithstanding the foregoing, in accordance with RIGL §45-53-4(d)(10), the town council limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in the town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in this section, the planning board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

(Ord. No. 2023-23, 12-6-23)

In order to offset the differential cost of the low- or moderate-income housing units in the section, the following municipal subsides shall be provided:

(1)

Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is set forth in RIGL §45-53-4(d)(2)(iii)(E)(II).

(2)

Density bonus. The town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights of way of record.

a.

For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:

1.

For projects providing at least 25 percent low- and moderate-income housing the density bonus shall be five units per acre.

2.

For projects providing at least 50 percent low- and moderate-income housing the density bonus shall be nine units per acre.

3.

For projects providing at least 100 percent low- and moderate-income housing the density bonus shall be 12 units per acre.

b.

For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system to service the dwelling units from the applicable state agency the following density bonuses are provided:

1.

For projects providing at least 25 percent low- and moderate-income housing the density bonus shall be three units per acre.

2.

For projects providing at least 50 percent low- and moderate-income housing the density bonus shall be five units per acre.

3.

For projects providing at least 100 percent low- and moderate-income housing the density bonus shall be eight units per acre.

(3)

Parking. For comprehensive permit applications one off-street parking space per dwelling unit is required for units up to and including two bedrooms. Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three bedrooms for single family dwelling units. Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by § 45-24.3-11.

(Ord. No. 2023-23, 12-6-23)

The application and review process for a comprehensive permit shall be as follows:

(1)

Pre-application conference. A pre-application conference may be required by the administrative officer or requested by the applicant. The preapplication conference may be with the planning board, technical review committee, or administrative officer as determined appropriate by the administrative officer.

a.

In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.

b.

Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within 30 days of the request, unless a different timeframe is agreed to by the applicant in writing.

c.

If 30 days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.

(2)

Preliminary plan.

a.

Submission requirements. Applications for preliminary plan under this section shall include:

1.

A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and

2.

A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and

3.

A proposed timetable for the commencement of construction and completion of the project; and

4.

Those items included in the checklist for preliminary plan review with the exception of evidence of state or federal permits.

5.

Notwithstanding the submission requirements set forth above, the planning board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.

b.

Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer, provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

c.

Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

d.

Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a master plan. The cost of notice shall be paid by the applicant.

e.

Timeframe for review. The planning board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.

f.

Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.

g.

Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the planning board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.

(3)

Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the planning board's discretion, it may vote to require the applicant to return for final plan review and approval.

a.

The following items shall be submitted as part of the final plan submission:

1.

All required state and federal permits must be obtained prior to the final plan approval.

2.

A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to RIGL §45-53-3.2.

3.

A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years.

4.

Those items included in the checklist for final plan review.

5.

Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

6.

Certification by the tax collector that all property taxes are current.

7.

For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

b.

Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of RIGL § 45-23-36; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

c.

Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.

d.

Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

e.

Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

f.

Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.

(Ord. No. 2023-23, 12-6-23)

(a)

Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

(b)

Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing process required for approval of preliminary plans.

(Ord. No. 2023-23, 12-6-23)

(a)

Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

(1)

The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

(2)

The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.

(3)

All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

(4)

There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

(5)

All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street.

(6)

The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

(b)

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

(1)

The town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;

(2)

The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;

(3)

The proposal is not in conformance with the comprehensive plan;

(4)

The community has met or has plans to meet the goal of ten percent of the year-round units being low- and moderate-income housing provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or

(5)

Concerns for the environment and the health and safety of current residents have not been adequately addressed.

(c)

Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in RIGL § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

(Ord. No. 2023-23, 12-6-23)

(a)

Applicability. This section shall apply to all subdivisions and land development projects resulting in five or more housing units or lots. The provisions of this section shall automatically sunset on July 1, 2027.

(b)

Affordability requirements. For all applicable projects, at least 15 percent of the lots or units within the proposal must qualify as affordable housing, as defined by RIGL § 42-128-8.1. The total number of lots or units for the development may include less than 15 percent affordable units after the density bonus described herein is determined. Where the required number of affordable units results in a fraction, the required number of affordable units shall be rounded up to the nearest whole number. A town-approved monitoring services agreement with a qualified organization is required.

(c)

Off-site option.

(1)

The planning board, at its sole discretion, may allow an applicant to comply with the inclusionary requirement by constructing inclusionary units on a site other than the project location. Off-site inclusionary units may be provided through off-site construction of affordable units and/or off-site rehabilitation of affordable units in existing buildings.

(2)

Conditions. Provision of off-site inclusionary units shall be subject to the following conditions:

a.

Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.

b.

New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.

c.

Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.

(d)

Incentives.

(1)

Density bonus. The number of housing units allowable on the site or sites involved shall be increased to one market rate unit for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development.

(2)

The total number of units for the development shall equal the number originally proposed, including the required affordable units, plus the additional units that constitute the density bonus. The permitting authority is authorized to allow dimensional reductions to lot size, lot coverage, density, and setbacks as determined necessary to accommodate the inclusionary units.

(3)

Notwithstanding any other provisions of this chapter, an application that utilizes off-site construction or rehabilitation shall not be eligible for the density bonus outlined in this section.

(Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)