The purpose of supplementary regulations is to set specific conditions and dimensional and performance criteria for various uses or areas, where the general regulations are not applicable, and to set standards for the granting of special use permits. Where the provisions of this section may conflict with those in section 604 Conant Thread district, the provisions for section 604 shall govern.

Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses are subject to all the requirements of this ordinance, except as provided herein.

501.1 - Accessory uses in R zones.

A.

No accessory use, other than a private garage, shall be located on any lot having an area of less than 5,000 square feet.

B.

Accessory uses or any combination of such uses may be included in an accessory building of one or two stories, and no more than 20 feet in height and may occupy no more than 50 percent of the area of a rear yard.

C.

No accessory buildings or structures shall be permitted between the front of a main structure and the street.

D.

Within any R zone, where an existing principal structure is less than 20 feet from the lot line, an accessory building shall not be located less than ten feet from any existing principal or accessory structure on an adjacent or contiguous lot if the proposed accessory structure is one story or shall not be located less than 20 feet from an existing principal or accessory structure on an adjacent or contiguous lot if the proposed accessory structure is two stories.

E.

Where a yard abuts upon a public right-of-way no accessory building shall be erected within 18 feet of such public right-of-way if it contains a garage that is accessible from said street.

F.

A detached garage or shed may be located in the required rear yard but not less than five feet from the rear lot line. A detached garage located within a rear yard may have its driveway within the required side yard.

G.

A garage attached to the main building or structure shall maintain the side yard and rear yard setback requirements as specified in article IV for the zone in which it is located. Such garage shall be no more than one story or 14 feet in height and 24 feet in depth.

H.

A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor-trailers is prohibited in R zones. No recreational vehicle shall be used for residential occupancy. No recreational vehicle shall be stored for a period in excess of one year unless it is in a condition for safe and effective performance of the function for which it is intended.

501.2 - Accessory buildings and uses in C and M zones. Accessory buildings which contain 2,500 square feet or less of gross floor area shall only include a garage for the exclusive use of the owner and customer(s) or the storage of commercial vehicles. Accessory buildings exceeding 2,500 square feet of gross floor area are permitted to contain any accessory use which is incidental and customary to the main use, including a garage or storage building. All such buildings shall be on the same lot as the main use. Any accessory building or structure in a C or M zone that abuts an R zone shall have a setback of 20 feet from the property line of the abutting R zone.

501.3 - Accessory manufacturing uses in C-1, C-2, and C-D zones. Incidental manufacturing uses to any permitted use are allowed in C-1, C-2, and C-D zones provided such manufacturing uses are performed on the same lot as the main use; are clearly incidental and customary to the main use being performed on the premises; generate no perceptible odor, dust, smoke, noise, vibration or electrical interference from outside the property, and all such products produced on the lot are sold on the premises. A maximum of 25 percent of the gross floor area of the permitted use may be devoted to manufacturing, compounding, processing or treatment of products, or to catering, cleaning, laundering, plumbing, upholstering and the like.

502.1 - Screening of trash containers and dumpsters. All commercial and industrial uses, and residential uses of four families or more, shall provide trash and/or garbage collection areas or dumpsters enclosed on at least three sides by a solid wall, opaque fence or compact planting screen of at least five feet in height, if such area is not within an enclosed building or structure. In order to provide adequate vehicular access to and from dumpsters, there shall be a minimum clearance of nine feet between any such dumpster and any principal structure.

502.2 - Screening of on-ground utilities. Utility structures, substations, telephone exchange substations, dish antennas and similar uses shall be enclosed on at least three sides by a vegetative screen of hardy evergreens or shrubs at least three feet high at time of planting and which shall be sufficient to effectively provide a visual screen from adjacent R zones.

502.3 - Location of dumpsters. Dumpsters shall not be located in front yards except as permitted by the board as a dimensional variance.

All auto service stations, new and used car dealerships, recreational vehicle dealerships, garage repair shops, auto body shops, car washes, storage of vehicles, and similar types of uses shall meet the following requirements:

504.1 - Overnight outside storage. Overnight outside storage of any vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.

504.2. Storage of junk vehicles. Storage of any junk vehicles shall not be permitted unless said vehicles are kept within an area that is completely enclosed on all sides by a six-foot-high tight board fence or a similar type of screening. Said vehicles shall be deemed as stored vehicles, limited under section 504.1.

Except in an R zone, outdoor displays are permitted up to ten percent of the gross floor area of a commercial establishment. Such outdoor display shall be located on the same lot as the main use or may be located on the adjoining city sidewalk only with the appropriate city permits and/or licenses. No additional parking shall be required for such additional area, provided existing parking is not reduced. The goods displayed shall be removed at the end of each business day.

506.1 - Roof structures permitted above maximum height.

A.

The following roof structures are permitted above the maximum height as specified in this ordinance, provided that the total area of all such appurtenances is not more than one-third of the total roof area of the building:

(1)

Structures for the housing of elevators and elevator shafts,

(2)

Stairways,

(3)

Fire or parapet walls,

(4)

Skylights,

(5)

Towers, and

(6)

Steeples.

B.

The following roof structures are permitted above the maximum height as specified in this ordinance, provided that the total area of all such appurtenances is not more than one-third of the total roof area of the building, and provided that such features shall be set back from the edge of the roof a minimum distance of one foot for every two feet by which they extend above the roof:

(1)

Heating and air-conditioning equipment,

(2)

Ventilating fans,

(3)

Storage tanks for water,

(4)

Television, radio or satellite dish antennas or masts,

(5)

Chimneys or roof-mounted smokestacks,

(6)

Roof-mounted flagpoles, and

(7)

Similar equipment required to operate and maintain a building.

No such roof structure as set forth in this subsection B. shall exceed the maximum height for the zone in which it is located, except by the amounts allowed herein:

(8)

Buildings from one to six stories: Ten feet.

(9)

Buildings exceeding six stories: Ten feet plus one foot per story above the sixth story to a maximum total of 20 feet.

C.

Solar collectors are permitted above the maximum height as specified in this ordinance provided that they are set back three feet from the edge of the roof and there is a parapet wall on all sides of the roof.

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing yard or open space on a lot whereon a building is to be erected.

508.1 - Averaging setbacks. The minimum required front yard of any lot proposed to be built on may equal the average of the actual front yards, lawfully established on lots wholly or partially within 100 feet in both directions, on both sides of the same street.

508.2 - Through lots. At each end of a through lot there shall be a front yard of the depth required by this ordinance for the zone in which each street frontage is located. However, in all R zones, one of these front yards may serve as a required rear yard.

508.3 - Corner lots. On a corner lot in an R zone, all yards fronting on intersecting streets shall meet the required front yard setbacks.

For the purpose of side yard regulations, any dwellings which occupy a single lot but have a common party wall shall be considered as one building. (For example, two-family detached dwellings or row dwellings).

510.1 - Cornice, sill or chimney. A cornice, eave, belt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection) may extend or project into a required side yard not more than four inches for each 16 inches of width of such side yard and may extend or project into a required front, side, or rear yard not more than 30 inches. Chimneys may project into a required front, side, or rear yard not more than 16 inches provided the width of such side yard is not reduced to less than four feet.

510.2 - Fire escape. A fire escape may extend or project into any required front, side or rear yard not more than four feet.

510.3 - Open stairway, balcony or porch. An open, unenclosed stairway, balcony, porch, deck, platform or landing place, which, except for the roof, does not extend above the level of the first floor of the building may extend or project into any required front yard not more than six feet, and into any required side yard six feet, but in no case closer than four feet to the side or rear lot line. This provision does not apply to handicapped access ramps.

Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one main residential building and up to two accessory buildings on one lot. The only exception to this is a multi-household dwelling and/or a condominium development with four or more living units which may be housed in multiple structures.

In any triangle formed by the street lines intersecting at an angle of 100 degrees or less, there shall be a corner setback of 15 feet from the point of intersection, wherein no building or structures may be erected, no parking areas or entrances may be created and no vegetation or fencing may be maintained above the height of 3½ feet above the plane of the curb grades. Notwithstanding the provisions of this section, poles not exceeding eight inches in outside diameter designed for the support of lights and signs may be erected in this triangle.

All fences shall be constructed of manufactured metal, wood, masonry or other approved fencing material. A hedge composed of plant material adjacent to the fence may be used but shall be in conformity with the maximum height requirements of this section.

513.1 - Repair and condition. All fences shall be maintained in good condition, be structurally sound, be wholly intact and be free from insect infestation.

513.2 - Maximum height. The maximum height of fences by zoning district shall be as follows:

513.4 - Fencing at driveway entrances and exits. At driveway entrances and exits, a reduction of all closed or open fences to a (4) foot height for a distance of eight feet from the driveway entrance/exit property line is required for safety and visibility of persons backing out of the driveway.

513.5 - Barbed wire and razor wire prohibited. The use of barbed wire and razor wire shall be prohibited in all zones except for a prison or correctional institution or for public utilities. Barbed wire or razor wire shall not be less than eight feet above ground.

The following uses shall require a special use permit from the zoning board of review or, if applicable pursuant to unified development review, the planning board (the "review board"). Applications for special use permits must meet the specific and objective criteria specified herein as to each use:

514.1 - Boarding. The review board may permit by special use permit that up to two rooms may be rented with or without meals within any dwelling unit provided:

(a)

More than 50 percent of the habitable space is occupied by the individual or household permanently occupying the dwelling unit.

(b)

No more than one person may occupy any one of said rooms.

(c)

Cooking facilities are prohibited in guest rooms.

(d)

The length of the rental term shall be for a minimum of three months.

514.2 - Temporary lodging in an R-3 zone. The review board may permit by special use permit temporary lodging with meals (i.e., a bed and breakfast) within a dwelling in an R-3 zone provided:

(a)

More than 50 percent of the habitable space is occupied by the individual or household permanently occupying the dwelling.

(b)

No more than four rooms may be rented.

(c)

If the building had been built as a dwelling, the exterior shall maintain its original appearance as a dwelling.

(d)

Cooking facilities are prohibited in guest rooms.

(e)

Meals may be served only to registered guests.

(f)

Leasing of a common dining area for social events is prohibited.

(g)

Guest stays are limited to a maximum of 14 consecutive days.

(h)

No more than two individuals per bedroom shall be allowed.

514.3 - Temporary lodging in commercial zones. The review board may permit by special use permit temporary lodging with or without meals in C-1, C-2, and C-D zones provided:

(a)

No more than ten rooms may be rented.

(b)

Cooking facilities are prohibited in guest rooms.

(c)

Meals may be served only to registered guests.

(d)

Leasing of a common dining area for social events is prohibited.

(e)

Guest stays are limited to a maximum of 14 consecutive days.

(f)

No more than two individuals per bedroom shall be allowed.

514.4 - Alterations in an R-1 zone. A building, in existence prior to the enactment of this ordinance, in an R-1 zone may be permitted by the review board by special use permit to be altered to accommodate two or more dwelling units provided that: the total number of dwelling units does not exceed one dwelling unit for every 5,000 square feet of lot area; the building is not increased in height or floor area; and all other provisions of this ordinance relative to residential use are met.

514.5 - Alterations in an R-2 zone. A building, in existence prior to the enactment of this ordinance, in an R-2 zone may be permitted by the review board by special use permit to be altered to accommodate three or more dwelling units provided that: the total number of dwelling units does not exceed one dwelling unit for every 2,500 square feet of lot area; the building is not increased in height or floor area; and all other provisions of this ordinance relative to residential use are met.

514.6 - Educational facilities - Primary and secondary, trade, vocational, and postsecondary.

(a)

The applicant shall provide proof of licensing as required.

(b)

A traffic impact analysis shall be required that includes an analysis of drop-off and pick up capacity and operations.

(c)

Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:

i.

Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.

ii.

There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces or extend into the street.

(d)

A signage plan that clearly identifies the school shall be submitted with the special use permit application.

(e)

A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

(f)

The site shall otherwise comply with landscaping requirements of these regulations.

(g)

A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the chief of police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(h)

Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.

514.7 - Religious services.

(a)

Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:

i.

Safe pedestrian and vehicular circulation.

ii.

Outdoor gathering space immediately outside the main entrance sufficient to hold congregant to fire code standards shall be shown on the plans.

iii.

A designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as five percent of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.

(b)

A signage plan that clearly identifies the place of worship and denomination of the congregants shall be submitted with the special use permit application.

(c)

A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

(d)

A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or their designee as sufficiently safe and updates shall be submitted to and approved by the chief of police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(e)

Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.

514.8 - Daycare facility.

(a)

The applicant shall provide proof of state licensing.

(b)

Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:

(i)

Safe pedestrian and vehicular circulation.

(ii)

Outdoor recreation space under the custody and control of the day-care center sufficient to hold the entire facility's capacity.

(iii)

A designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as five percent of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.

(c)

A signage plan that clearly identifies the day-care center shall be submitted with the special use permit application.

(d)

A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

(e)

A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or their designee as sufficiently safe and updates shall be submitted to and approved by the chief of police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(f)

Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.

514.9 - Automotive repair.

(a)

All repair and service operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.

(b)

Vehicle services establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet and a maximum of eight feet in height.

(c)

No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.

(d)

No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.

(e)

No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut for every 50 feet of street frontage.

(f)

The site shall otherwise comply with landscaping requirements of the regulations.

514.10 - Outdoor storage of equipment, products, supplies or material.

(a)

A site plan shall be submitted with dimension showing that all outdoor storage areas are completely enclosed by a six-foot solid fence or wall.

(b)

A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

(c)

A drainage plan signed by a Rhode Island licensed civil engineer shall be submitted with the special use permit demonstrating that surface water will not congregate in storage areas and no runoff from storage areas will enter the right-of-way.

(d)

No vehicles shall back into or out of the property.

(e)

Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.

514.11 - Manufacturing - Materials processing centers.

(a)

The materials processing area shall be completely enclosed along all lot lines by an opaque fence a minimum of four feet and a maximum of six feet in height, including ingress and egress. Where buildings are proposed, they should be located along the street frontage, meeting setback requirements. Otherwise, screening the operation from the street, which may include fences, tall vegetation, or walls along the front is required.

(b)

The use shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of four feet and a maximum of six feet in height.

(c)

Where the use abuts a residential use or zoning district, the fence shall be set back a minimum of 20 feet from each such lot line abutting a residential use or zoning district.

(d)

The site shall otherwise comply with landscaping requirements of the land development and subdivision regulations.

514.12 - Manual assembly of jewelry products.

(a)

Excludes jewelry manufacturing and metal processing machinery.

(b)

Consists primarily of carding and packaging of manufactured jewelry products.

514.13 - Parking. The review board may permit by special use permit off-street parking of automobiles on one or more lots where parking spaces for more than four automobiles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on a separate and noncontiguous lot.

514.14 - Shared driveway. The review board may allow by special use permits a shared driveway between two lots provided that:

(a)

Each lot contains not more than four pre-existing dwelling units, and

(b)

An easement granting access to the driveway shall be recorded in the Land Evidence Records of the City of Central Falls prior to recording the board's decision.

Shared driveways are not allowed for new construction in R zones.

514.15 - Drive-up window. A drive-up window requires a special use permit, regardless of the zone it is located in or the type of business conducted.

The following requirements must be met in the application for a drive-up window special use permit:

(a)

Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lines.

(b)

At a minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle. Waiting lane length will be measured from the point where orders or business is first conducted.

(c)

Waiting lanes must be designed so that waiting cars do not block sidewalks or public streets.

(d)

Landscaping, waiting lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes; there shall be an escape lane included in the design.

(e)

All lights and illuminated materials must be screened from the view of adjoining residentially zoned properties.

(f)

The volume of menu boards and/or drive-up window speakers must not exceed 55 decibels at any adjoining property line or across an alley/street from the site.

514.16 - Formula business.

(a)

The size of any individual formula business shall not to exceed 2,500 square feet of gross floor area.

(b)

The street frontage of any individual formula business shall not exceed 65 feet in width.

(c)

No drive thru windows shall be permitted.

(d)

The applicant shall submit a plan indicating the provision for rubbish removal, including the dumpster location with proper screening and buffering so that there are not any substantial negative impacts to abutting properties.

(e)

There shall not be a substantial impact to the public safety from increased traffic. At the discretion of the review board, the applicant may be required to submit a traffic study, prepared by a RI Registered Professional Engineer, approved by the board.

(f)

There shall not be any impacts to the roadway or abutting properties from the loading area.

(g)

Advertising, or anything with the corporate logo, may be forbidden to be displayed in the windows.

(h)

Formula business is located at least 2,500 feet from a similar formula business.

State Law reference— Special use permits, G.L. 1956, § 45-24-42.

A home occupation, as defined in article XI, is permitted, provided that:

(a)

It is conducted entirely within a dwelling unit or accessory building;

(b)

It is operated only by the person or persons residing within the dwelling unit, with not more than one employee or regular assistant not residing in the dwelling unit;

Further, home occupations:

(c)

Shall have no exterior evidence of the activity such as artificial lighting, advertisements, displays or the exterior storage of materials;

(d)

Shall utilize not more than 50 percent of the gross floor area of the dwelling unit or 800 square feet, whichever is less; and

(e)

Shall have no storage or sale of goods or merchandise on the premises.