A finished area for habitable purposes is allowed, not to exceed 300 SF of floor area per property. Plumbing permitted in this area is limited to a half bath (i.e. toilet and sink only). Compliance with DEM regulations for onsite wastewater treatment systems (OWTS) is required. Use of any habitable area as a bedroom or for sleeping purposes is prohibited.

Prior to the issuance of a building permit, the owner of the principal residence shall sign and record in the Charlestown Land Evidence Records an affidavit stating the total square footage of the accessory structure, and the total square footage of habitable area and its intended use (recreation, studio, workshop, etc.).

Within a principal dwelling;

Within a barn, garage, storage shed, or similar accessory building, or;

Within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed one thousand two hundred square feet per farm.

Prepared food items such as baked goods, canned goods, preserves, herbs, and the like may be sold, provided all food preparation and cooking is conducted upon the farm and within a kitchen licensed by the State.

Fresh or frozen meats, prepared or smoked meats, poultry or other perishable foods raised or produced on the premises may be sold, but the sale of freshly cooked meats or poultry is specifically prohibited.

All food shall be prepared and packaged upon the premises.

No food sold to the public shall be consumed by the public on the premises.

Farm-related products may be sold, provided that such area reserved for such sales does not exceed twenty-five percent of the total floor area of the farm retail sales building.

The lot of land constitutes a "farm unit," meaning land owned by the farmer, including woodland and wetlands, at least five acres of which are actively devoted to agricultural or horticultural use and which have produced an annual gross income from the sale of its farm products of at least $2,500 in each of the prior four years; and

The lot of land is not less than 15 acres in area.

Any accessory dwelling unit proposed for a lot of land meeting the above criteria shall be established in compliance with locally adopted building codes, either in the existing dwelling unit, an existing accessory building or in a new structure elsewhere on the lot of land. Any new accessory dwelling unit, in accordance with this Section, shall conform to all setback requirements for the principal structure for the zone in which it is located.

The property owner must provide evidence to the Building/Zoning Official that the lot of land meets the criteria set forth in this Section before a building permit for the accessory dwelling unit is issued.

Establish locations of towers and minimize the total number of towers throughout the community, while providing seamless coverage;

Maximize location of antennas on existing structures, and require the joint use (co-location) of new and existing towers in order to minimize or mitigate any adverse impact on the Town;

Facilitate the use of public/municipal property and structures for the siting of towers and antennas;

Address public safety concerns associated with the siting of wireless communications facilities, including towers, antennas and related facilities, equipment and structures;

Provide for the design and siting of wireless communications facilities so as to minimize their visual impact on neighboring properties and on the character of the town.

New Towers and Facilities. The requirements set forth in this section shall govern the location of all new telecommunication facilities and related equipment, including television and radio transmission towers. Except as provided herein, the general height limitations of the Zoning Ordinance otherwise applicable to buildings and structures shall not apply to towers and antennas.

Amateur Radio Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

Pre-existing Tower and Antennas. Any tower or antenna for which a building permit has been properly issued prior to the effective date of this zoning amendment shall not be required to meet the requirements of this Section. However, any proposed extension beyond twenty (20) feet in the height of an existing facility, replacement of a facility, or installation of an additional antenna to a facility shall be subject to the requirements of this section.

Principal or Accessory Use. Antennas and towers may be considered either a principal or accessory use or structure as appropriate. A different existing use or existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers and associated equipment shall meet all the yard setback requirements for the Zoning District in which they are located. All telecommunications uses shall meet the minimum lot size for the Zoning District in which it is located. Towers and associated equipment that may be located within or outside of base facilities may not occupy required parking spaces of an existing building or use.

Tower Design.

Building Code and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with or exceeds the standards contained in the applicable State Building Codes and the applicable standards for towers that are published by the Electronics Industries Association as amended from time to time and shall structurally accommodate reasonable co-location.

General Requirements. All wireless communications facilities shall be erected, installed, maintained and used in compliance with all applicable federal and state laws and rules.

Co-Location. All owners and operators of land used in whole or in part for a wireless communications facility, and all owners and operators of such facilities, shall, as a continuing condition of installing, constructing, erecting and using a wireless communications tower facility, and subject to necessary approval hereunder, permit other pubic utilities or FCC licensed commercial entities seeking to operate a wireless communications tower facility to install, erect, mount and use compatible equipment and fixtures on the mounting structure on reasonable commercial terms. This is provided that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing facility, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional wireless communications equipment or fixtures. Erection of a replacement facility to address such concerns shall be considered, where the Zoning Board determines appropriate. Wireless communications facilities shall be designed to accommodate co-location to the extent technologically and physically practical given the limitations of the site and area.

Number of Towers. Only one wireless communication tower structure per lot shall be authorized by this ordinance, unless the placement of more than one tower structure on the site results in a substantially better design that is integrated into the neighboring uses and meets community standards. An example of this may be the erection of two flagpole structures located in a recreation facility. The erection of more than one lattice tower or monopole in a residential area would not be an example of a better design.

Removal of Facilities. All unused telecommunications facilities and structures including non-conforming or pre-existing facilities which have not been used for one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove the tower within ninety (90) days; the Town may take the necessary action to remove the facility at the owner's expense. The owner of the property and the facility shall be jointly and individually responsible for removal of said facilities, restoration of the site and for all associated costs, expanded or incurred in the course of removal and restoration. The Zoning Board of Review shall require the posting of a demolition bond in an amount sufficient to insure the removal of the tower.

Utilization. Included in an application for a telecommunication tower or antenna, an applicant must demonstrate that it has a commitment from one or more licensed wireless service providers to occupy the facility for the purposes of transmitting and/or receiving wireless communications. Wireless communications towers shall be designed to accommodate the maximum number of co-locators reasonably practicable, taking into account the size and appearance of the structure in the context of its location. Owners of telecommunications towers shall make space available to wireless communications services, including, when appropriate, repositioning of tenants on the tower, and reinforcing or replacing tower. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.

Development Plan Review. Applicants shall be subject to the provisions of Development Plan Review as outlined in § 218-71 of the Charlestown Zoning Ordinance, as amended, when applying for a new facility or the expansion of the footprint of an existing facility.

Town Requirements. At the time of application for any tower, space shall be made available on telecommunications towers for Town police, fire, rescue and public works communication needs related to public safety, health and welfare, at no cost to the Town. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.

Site Selection. Preference shall be given to Town owned sites for locating telecommunications towers. If the applicant is unable to locate a tower on a Town owned site, the applicant must provide proof that the potential to do so was investigated and show why they are unable to.

General. All wireless communications facilities shall require a Special Use Permit as specified in § 218-23, Special Use Permits. In granting a Special Use Permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties and to carry out the intent of these regulations.

Factors Considered in Granting Special Use Permits. Consistent with the purposes of this Ordinance, the Zoning Board shall consider the following factors in determining whether to issue a Special Use Permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if it finds that the goals and purposes of this section are better served thereby. These factors are in addition to finding required for Special Use Permits as provided in § 218-23 of this Zoning Ordinance:

A narrative report that shall describe the following relating to the request for the telecommunications tower, antenna and/or related facility installation:

A certification of structural integrity from a Rhode Island registered professional engineer that the tower is designed to withstand all load requirements for structures as set forth in the Rhode Island Building Code (RI General Laws 23-27.3-100.0 et seq.)

For a continuous, elapsed period of not less than three weeks during daytime hours and prior to the date of the public hearing, a helium balloon of sufficient size and color to be seen at a distance of one mile, shall be placed at a maximum height and at the location of the proposed tower. After the close of the public hearing the balloon shall be immediately removed. The Zoning Board of Review may waive this requirement for tower placement on existing structures.

Where the applicant is not the owner of the site, the property owner must be a participant in the application and have an authorized representative present at all meetings. The applicant shall furnish a copy of the lease or agreement for the use of the site.

A map depicting all existing and proposed wireless facilities and towers within 6 miles of the proposed site. A map accurately depicting the coverage achieved by the facilities proposed for the site, the coverage existing or proposed from relevant adjacent sites, and the combination of existing and proposed.

A map showing the location of all potential alternative sites that may result in a substantially better design in keeping with the community character, including antenna platform, such as, but no limited to, existing communication towers, structures, electric transmission towers, radio and fire towers, and municipally owned land

Specific information about the location, height and design capacity of potential alternative sites and proof that owners of potential sites within the search area have been contacted, that permission was sought to install a device on structures, and that permission was denied, or that such locations do not satisfy requirements to provide the service needed.

A site plan prepared, stamped and signed by a currently licensed and authorized design professional consistent with the applicable statutes and regulations governing design professionals in the State of Rhode Island at a suitable scale to delineate the following:

A map showing the applicant's entire property and all abutting properties and streets, at a convenient scale, including the approximate location and dimensions of the applicant's property and all existing and proposed structures, utility lines, wells, septic systems and major natural features

A map or illustration of suitable scale indicating view lines from nearby properties and streets within one half mile of the proposed tower.

Photo simulations of the proposed facility taken from various (at least 3) perspectives. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

Evidence showing that aircraft marking or lighting will not be required for the facility, or if required, evidence showing that there are no viable alternative sites or designs that would eliminate the need to mark or light the structure.

Setbacks, Height and Separation

Landscaping and Screening:

Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site which respects the natural terrain and is approved by the Director of Public Works and by the District Fire Chief to assure emergency access at all times. Consideration shall be given to design that minimizes erosion, construction on unstable soils, and steep slopes.

Ground-mounted facilities shall not be located within open areas that are clearly visible from public roads, recreational areas, or abutting properties. A buffer of dense tree growth shall surround all ground-mounted personal wireless service facilities.

Communication towers shall be enclosed by a fence of at least ten (10) feet in height from finished grade and at least six feet from the base of the structure. Access shall be through a locked gate.

Equipment shelters for communication towers shall be designed consistent with one of the following design standards:

Communication towers shall not be artificially lighted except as may be required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of Charlestown.

No signs shall be allowed on any communications tower except as may be required for safety purposes, by the Federal Communication Commission (FCC) or by the Town. All signs shall conform with the sign requirements of the Zoning Ordinance.

The tower shall be designed to accommodate the maximum number of uses technologically practical.

General Compliance.

A wind energy facility with a total height that is equal to or less than the maximum height allowed for the principal use for the lot as specified in § 218-42B (Building Height) is allowed by Building Permit in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, the standards contained herein are met.

A wind energy facility supported solely by attachment to a principal residence is permitted to rise ten (10) feet higher than the roof line of that same residence, irrespective of the height restriction specified in § 218-42B, provided that all other standards contained herein are met.

A wind energy facility with a total height that is greater than what is allowed in Subsection D(4)(d)[2] and [3] herein but that is not greater than 125 feet requires a Special Use Permit prior to the issuance of a Building Permit and is allowed in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, in addition to the standards required for a special use permit (as contained in § 218-23A), all other standards contained herein are met.

A wind energy facility that has a rated output of greater than 20 kW, a total height greater than 125 feet or that is on a parcel that ordinarily requires Development Plan Review or Planner Review is not permitted under this section.

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

Engineering Details and Specifications. The applicant shall submit the following details for the proposed wind energy facility:

Neighborhood Sound Impact Analysis. The applicant shall submit manufacturer's documentation of the sound levels generated by the turbine under various wind conditions and at serial distances from the turbine to allow estimation of sound level at the property line.

Prior to an issuance of a special use permit for any wind energy facility, the Zoning Board of Review must determine that it meets the standards contained in § 218-23. In addition, the Zoning Board may impose reasonable conditions, safeguards and limitations on time and use, and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impact of the wind energy facility should they occur.

Residential wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts on abutters. For facilities more than 60 feet above grade, the applicant must provide evidence that potential shadow flicker impacts will be addressed either through siting or mitigation measures. The applicant shall submit manufacturer's estimation of shadow flicker effects of the turbine at the proposed height, including the expected seasonal times and durations.

To protect the general character of the surrounding area the Zoning Board of Review may impose a lower height limit, increased setback requirements or any other mitigation measures.

Applicants shall propose monopole towers. Lattice towers may be permitted by the Zoning Board only if they are able to make the following findings: That due to existing site features such as topography, dense year round tree cover, the existence of other structures or other unique conditions, the lattice tower will not result in an increased visual impact over that of a monopole tower at the same site.

Minimum Setbacks. Except where a wind energy facility is supported solely by attachment to a principal residence and is no higher than 10 feet above the roof level of the principal residence, there shall be a setback between each property line or public road and the center line of the foundation of the wind energy facility equal to the sum of the required district setback for accessory structures for that property line plus the height of the wind energy facility. This requirement may be waived if the applicant can secure an easement over the abutting property that otherwise meets this minimum required setback, provided the property subject to the easement is not divided by a public road within a distance less than the minimum required setback.

Sound Setbacks. If necessary, minimum setback must be extended such that the sound pressure level generated by a wind energy facility meets the requirements of § 218-37(D)(4)(i)[3] (Safety and Environmental Standards for all Residential Wind Energy Facilities — Sound). Where a wind energy facility is attached to a principal residence, it must be of a design that can meet the sound setback.

Color and Finish. All components of a wind energy facility higher than 35 feet above grade shall be painted a neutral, non-reflective exterior color, unless mitigation measures as directed by the town warrant differently.

Lighting. Wind turbines shall not be lighted. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety, security and operational purposes, and shall be limited by timers, and shielded from abutting properties.

Signage. A wind energy facility shall not display any permanent or temporary signs, writing, symbols, logos or any graphic representation except for signs necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger; and must comply with Article XI of this ordinance.

Utility Connections. Utility connections from the wind facility shall be installed underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Support Towers. Monopole towers are required for wind energy facilities taller than 35 feet above grade.

Braking System. Wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other turbine components, or as a means to implement mitigation for noise in excess of that permitted, shadow flicker, or natural resource protection.

Physical Safety. All Residential Wind Energy Facilities shall allow ten (10) feet of clearance between moving parts and the ground, or otherwise shield people from moving parts and electrical components.

Sound. The sound pressure level generated by a wind energy facility shall not exceed 35 dB(A) from 7:00 p.m. to 7:00 a.m., or 45 dB(A) from 7:00 a.m. to 7:00 p.m. at the property lines. If the ambient sound pressure level exceeds these limits, based on a site-specific sound study, the standard shall be ambient dB(A) plus 3 dB(A). In the event of complaint about noise, the applicant has the burden of proving that the sound generated by the wind energy facility meets the requirements of this ordinance.

Wildlife. The potential adverse impacts to wildlife should be minimized through appropriate siting. For example, discourage flight paths into turbines by not placing turbines in close proximity to structures meant to attract birds such as bird feeders, birdbaths, or birdhouses. Turbine placement should avoid barns or other structures known to contain bat roosts.

Wind Energy Facility Conditions. The owner of any wind energy facility shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, structural repairs and integrity of security measures.

Modifications. Any modification that increases the height, sound or rated output of the Residential Wind Energy Facility shall first require the owner to return to the appropriate authority for additional approval.

Operation. If electronic interference results from the operation of the wind energy facility, or if sound, shadow flicker, or other adverse impacts exceed the allowable limits of this section or other applicable regulations, or a limit placed as a condition of the special use permit, the Building Official shall notify the owner in writing of the violation. If the violation is not remedied within thirty days, the facility shall remain inactive until the violation is remedied.

Enforcement and Penalties. The Building Official shall be responsible for the enforcement of the provisions of this section. Failure of the owner of any wind energy facility to comply with operational standards, or mitigation measures shall be considered a violation of the zoning ordinance, subject to the provisions of § 218-9.

The use will not constitute a nuisance because of noise, fumes, odors, or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses, or in relation to other buildings or uses abutting the site.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

The use shall be and is located within a highway commercial or general business zone and shall not adjoin or abut a residential district.

Minimum Lot Area. The minimum lot area shall be no less than forty thousand square feet. There will not be less than two hundred lineal feet of frontage on a Town accepted road. No portion of any building, canopy, structure, vehicle service area, pump or pump island, shall be located within, project into, or overhang any required minimum front yard or side yard area.

Accessory Uses. Accessory uses shall not occupy or cover more than ten percent of the total lot area. Such accessory uses shall not be located in any required front or side yard area.

Prohibited Uses. The following uses shall not be performed in conjunction with any gasoline station.

Minimum Services Required. All gasoline stations shall provide public restrooms for use by the general public, and water and air for motor vehicles. All restrooms shall be situated within the main building. Public telephones are permitted provided they are not within a front yard and are located to be visible from the public right-of-way.

Architectural Conformity. The exterior of the building shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural materials other than metal and glass.

Vending Machines and Portable Display Racks.

Access. Two driveways for access on the required lineal street frontage shall be required. Such driveways shall be at least twenty-five feet apart, shall not be closer than twenty-five feet to a side property line and shall be no closer than one hundred seventy-five feet to the nearest street intersection. Wherever possible a combined driveway and parking area for abutting commercial uses shall be designed and provided.

Canopy Structure. Where a pump island is covered by a canopy structure, it shall be designed and constructed of the same materials as the main building. The pump island canopy structure shall be attached to and made an integral part of the main building structure.

Parking. There shall be one parking space for each employee plus a minimum of two parking spaces for each gasoline dispenser and two parking spaces for each service bay. All parking spaces shall be clearly marked and no parking space may be allowed on rights-of-way, yard setbacks or on required landscaped areas.

Landscaping. At least ten percent of the site shall be permanently landscaped with plant materials intended to beautify and screen. Planting areas shall include, but are not limited to the following.

Lighting. All exterior lighting shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.

Lawful Nonconforming Stations. Replacement or upgrade of existing storage tanks to modern technologies is allowed and encouraged provided the new tank capacity is no more than twice the existing capacity. No additional tanks or pumps shall be added to a lawful nonconforming gasoline station.

Minimum Lot size. A minimum lot size of the zoning district within which the structure is located is required plus four thousand square feet of land per room housing up to two persons and/or six thousand square feet of land per room housing three or more persons shall be required.

Any structure used, accessory use or structure or parking area used in association with a hotel or motel shall be located no closer than one hundred feet to any lot line.

All inns/motels/hotels within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by the RI DEM.

Gift or souvenir shop.

Shop for convenience foods and sundries.

Dining Rooms, restaurants and coffee shops having a gross floor area of less than two thousand square feet. Drive-in facilities shall not be permitted.

Apparel shops.

Travel agencies.

No restaurant shall be permitted. Food service shall be limited to breakfast and to resident overnight guests only for no additional fee.

The establishment shall be owner occupied and managed within the principal single family structure and not in any accessory structure. If the ownership changes, the new owner shall apply to renew the special use permit for the bed and breakfast.

No amplified music, outdoor parties or similar activities for commercial purposes shall be allowed.

All requirements of the Health Department, the Fire Marshall's Office and the Rhode Island State Building Code shall be met if required.

The owner or manager of a bed and breakfast shall maintain a reservation book or a registration log.

No exterior additions or alterations shall be made for the express purpose of adding to a bed and breakfast facility, other than those required to meet health, safety, and sanitation requirements. The principal building must appear to be a single family dwelling, and give no outward appearance of a business use. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the neighborhood.

One off-street parking space shall be provided for each guest room besides the parking required for the single family dwelling unit.

The parking area shall not be located within the setbacks of any required yard.

The parking area shall be located at least fifty feet from any adjacent residential district or use and shall be adequately landscaped and screened from view of abutting properties.

A special use permit may be granted for each horse, donkey, pony, or mule subject to the following provisions:

Minimum lot size shall be ten acres besides any area required for paddock and/or pastures.

The paddock areas, corrals and all structures for the housing of animals shall be at least one hundred feet away from any property line.

All roads and parking areas shall be surfaced to be dust free.

Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line.

The lot shall always be maintained in a clean and sanitary condition, to be free from offensive odors or other nuisance features.

Manure must be collected and maintained in a sanitary manner to prevent offensive odors, fly breeding or other nuisances.

Pasture fencing shall be provided in a manner to safely contain the animal on the property.

No drive-in use driveway entrance or exit shall be located within two hundred feet of a municipal building, recreation area or facility, a public or private school, church or any residential district.

Drive-in uses shall be located within a business-zoned lot as specified by § 218-36, Land Use Table, with a minimum lot size of five acres and shall only be allowed within the confines of a shopping center where all traffic stacking and traffic circulation shall be handled internally within the shopping center, itself.

Drive-in uses that abut residential zones shall have a minimum of one hundred feet landscaped buffer from the proposed residential zone if said residential zone abuts said property.

No location and use shall be permitted in a location where a level of service on adjacent and abutting residential roads are affected by reducing the level of service one level downward from the present level of service as to be determined by a traffic engineer, selected by the Town, paid for by the applicant. Any mitigation proposed to maintain the level of service shall be consistent with the character of the surrounding area and shall be provided at the applicant's expense.

The design of any structure shall be compatible with other structures in the surrounding area and in particular should reflect the shopping center that houses said drive-in uses. The drive-in use shall reflect a common architectural theme within the commercial shopping center, and no franchise architecture shall be allowed.

The number of access drives into said shopping center to prevent drive-in uses from affecting traffic circulation between adjacent streets shall be limited to one.

No driveway shall be within two hundred feet of a street intersection.

Internal access with adjoining sites shall be required where deemed feasible by the Planning Commission through development plan review to prevent the drive-in use impacting traffic movement and circulation onto adjacent roads.

A minimum of five stacking spaces is required. More spaces may be required depending on the intensity of use. The Zoning Board of Review shall set the required number of stacking spaces in the special use permit application process.

The required drive-thru stacking lane shall not intersect with pedestrian access.

Stacking spaces and lanes shall be designed so that they do not impede on an off-site traffic movements or movements into and out of parking spaces.

Stacking lanes and spaces shall be separated from other internal driveways by raised medians and landscaping.

Driveways shall be at least twenty-four feet wide. No driveway shall be allowed within fifty feet of another driveway.

The sale of food and beverages and other uses not mentioned by this Section is specifically prohibited. The sale of alcoholic beverages by way of a drive-in use is prohibited.

Clubhouse.

Dining facilities.

Tennis courts.

Swimming pool.

The site or area used as a shooting range shall be fenced, posted every fifty feet so that the safety of patrons, spectators and the general public is protected.

The Police Chief of the Town shall review and approve the design and layout of any shooting range as to its safety to patrons of the range as well as surrounding property owners.

No sales or consumption of alcoholic beverages shall be permitted on the property.

Are incidental to the use of the premises as a residence;

Are compatible with residential uses;

Are limited in extent; and

Do not detract from the residential character of the neighborhood.

Visitors, customers, or deliveries shall not exceed those normally and reasonably occurring for a residence.

There shall be no alteration of the residential appearance where the home occupation occurs, including the utilization of an existing entrance exclusively for the business.

There shall be no signs on the property except for one identification sign as permitted in ARTICLE XI, Signs.

Home occupations shall comply with all local, state and/or federal regulations pertinent to the activity.

Motor Vehicle or boat repair.

Beauty salons and barber shops.

Health salons, dance studio, and aerobic exercise studios.

Limousine or cab service.

Medical or dental office.

Mortician, hearse service.

Painting of motor vehicles or boats.

Tow truck services.

Veterinary/Grooming/Boarding Services.

Warehousing and distribution service.

No facility shall be located on a lot less than two acres in size with one hundred and fifty feet of frontage, plus there shall be at least one thousand, five hundred square feet of lot area for each bed of the facility over ten beds.

The front, side and rear setbacks shall conform to the setbacks specified for Commercial 3, C-3, uses in ARTICLE VII, Dimensional requirements unless the lot abuts a residential district or use with a greater setback requirement, in which case, the setback of the greatest dimension shall be used.

The Zoning Board of Review may permit adaptive reuse of an existing dwelling in a commercial zone to a nursing home, provided the above requirements are complied with.

A minimum lot size of the zoning district in which it is located;

A minimum front and rear yard of forty feet;

A minimum side yard of twenty feet;

In residential districts, the yard requirements shall be doubled.

Off-street parking shall be screened and landscaped and not located in required yard setbacks.

Traffic volumes shall be appropriate for the street classification on which the use is located.

The proposed application shall not impact the visual, audio, or aesthetic character of the abutting neighborhood.

Type of activity,

Expected peak use and building capacity,

Anticipated time of peak activity,

Expected future growth of facilities.

Day Care uses shall provide for the safe access without affecting traffic safety on adjacent roads or creating a nuisance to abutting residential uses.

The exterior of structures used for day care shall be architecturally compatible with the district it is located in. Where located in a residential district, the structure shall be designed as a residential unit compatible with the neighborhood.

Automotive repairs, whether major or minor, shall not be permitted as a home occupation.

There shall be no parking of damaged vehicles except on a temporary basis not to exceed seventy-two hours. Junk parts and vehicles shall not be kept outside of the building.

All repair work and outside areas shall be screened so it is not visible from off the premises.

The use will not constitute a nuisance because of noise, fumes, odors, or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard in relation to surrounding uses, or in relation to other buildings or uses abutting the site.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

No private gasoline island shall be constructed in those areas classified as "Lands Already Developed Beyond Carrying Capacity" in the RI CRMC SAM Plan and all amendments thereto.

No canopy, pump or pump island, shall be located within, project into, or overhang any required minimum front yard or side yard area.

Where a pump island is covered by a canopy structure, it shall be designed and constructed of the same materials as the main building. The canopy structure shall be attached to and made an integral part of the main building structure.

All exterior lighting shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.

The use will not constitute a nuisance because of noise, or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses or impact the traffic pattern of abutting uses.

The site has no rare or endangered species or state or federally listed species of concern or is utilized as a nesting or nursery habitat for such species.

Permitted uses are limited to swimming, sun bathing, passive recreation, uses not involving any permanent structures or movement of earth, and an accessory permeable parking lot that is dust free.

All bathing beaches shall have restrooms for use by the general public. All restrooms shall be situated within the accessory parking lot. Public telephones are permitted provided they shall not be within twenty feet of any street frontage and are so located to be visible from the public right-of-way.

The minimum lot size shall be forty thousand square feet.

There shall be one hundred and fifty feet of frontage on a Town accepted and maintained road.

A landscaped buffer of seventy-five feet shall be provided to any adjacent residential district or use.

The site shall be located adjacent to the appropriate water quality designation that allows active recreational water activities for humans.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

Accessory uses permitted are a ticket/entry booth, a concession stand, and public restrooms.

The minimum lot size shall be five acres.

The site shall be adjacent to a road dedicated to the public and maintained by the State.

A seventy-five foot perimeter buffer shall be provided where the site abuts a residential district or use.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

The minimum lot size shall be five acres.

The site shall be adjacent to a road dedicated to the public and maintained by the State.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

All private schools/colleges within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by the RI DEM.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

The minimum lot size shall be five acres.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

All convention centers within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by RI DEM.

Architectural Conformity. The exterior of the building (s) shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural materials other than metal and glass.

Master Plan/Development Plan Review required. A master plan of all property under control or ownership for the center shall be submitted as part of the conceptual review stage of the Development Plan Review. The master plan shall detail all existing lots, proposed uses, the proposed layout of streets, driveways, parking areas, landscaping, infrastructure, environmental features and any other item the Planning Commission deems necessary to review the property as a whole.

Environmental Analysis. The Planning Commission may require the applicant to submit an Environmental Analysis as outlined in the Charlestown Subdivision Regulations of the proposed development or may contract with an outside consultant at the applicant's expense to adequately review the application.

Access and Traffic. The design of proposed access, street layouts, necessary traffic controls, impacts on adjacent Town or State roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Commission.

The use will not constitute a nuisance because of noise, fumes, odors, lights or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

The minimum lot size shall be one acre.

There shall be one hundred fifty feet of frontage.

Architectural Conformity. The exteriors of buildings shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural materials other than metal and glass.

Minimum Services Required. Public restrooms for use by the general public shall be provided. All restrooms shall be situated within an accessory building. Public telephones are permitted provided they shall not be within twenty feet of any street frontage and are so located to be visible from the public right-of-way.

Site layout Required. Flea Markets shall submit a plan drawn to a scale not smaller than one inch equals one hundred feet showing the conceptual layout of booths, aisles, parking areas and related buildings as part of the application for a special use permit.

Renewal of the special use permit is required on transfer of property and/or change of ownership.

The use will not constitute a nuisance because of noise, fumes, odors, or lights in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

The minimum lot size shall be five acres.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

Architectural Conformity. The exteriors of buildings shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural materials other than metal and glass.

Master Plan/Development Plan Review required. A master plan of all property under control or ownership for the lab/facility shall be submitted as part of the conceptual review stage of the Development Plan Review. The master plan shall detail all existing lots, proposed uses, the proposed layout of streets, driveways, parking areas, landscaping, infrastructure, environmental features and any other item the Planning Commission deems necessary to review the property as a whole.

Environmental Analysis. The Planning Commission may require the applicant to submit an Environmental Analysis as outlined in the Charlestown Subdivision Regulations of the proposed development or may contract with an outside consultant at the applicant's expense to adequately review the application.

Access and Traffic. The design of proposed access, street layouts, necessary traffic controls, impacts on adjacent Town or State roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Commission.

The use will not constitute a nuisance because of noise, fumes, odors, lights or waste in the location proposed.

No microbrewery shall be allowed within five hundred feet of a municipal building, recreation area or facility, public or private school or church.

There shall be no dancing, floor show or other live entertainment permitted.

Architectural Conformity. The exteriors of buildings shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural materials other than metal and glass.

The lot shall always be maintained in a clean and sanitary condition.

Brewery waste must be collected and disposed of in a sanitary manner to prevent offensive odors or other nuisances.

The use will not constitute a nuisance because of noise, fumes, odors, litter or lights in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance in relation to surrounding uses and impact the traffic pattern of abutting uses.

Recyclable materials shall not include biodegradable wastes, hazardous materials, industrial scrap metals, clothing, or used furniture, appliances, vehicles or parts thereof.

The facility shall only accept glass, metal, plastics and paper products from residential uses.

There shall be no outside storage or handling of materials except for unloading from collection vehicles.

The site shall be maintained in a clean and secured fashion.

No structure or use of the facility shall be located any closer than one hundred feet to a residential use or district.

The pollution of any waterways or waterbodies, and

The contamination of abutting property from any insecticides, fertilizers or similar chemical agents.

No power equipment, such as gas or electric lawn mowers and farm implements may be sold wholesale or retail. Horticultural and landscaping services can be operated as an accessory function to the nursery/greenhouse in business or commercial districts only.

Outdoor storage of fertilizers or chemicals is prohibited.

Where a nursery/greenhouse is located in a residential district, activity shall be limited to the planting and growing of vegetation and shrubs on the premises, their maintenance and incidental seasonal sales of the native plant material.

The exterior of the building shall be harmonious with its surroundings and shall include the use of brick, stone, wood, or similar natural or natural-appearing materials and not the use of metal.

Mansard and flat roofs are prohibited; traditional roof pitches are required.

A general store or convenience store building which is a chain retail subject to standardized trademark and/or logo, architecture, merchandise, services and/or retail lay-out shall not be designed in a way which conflicts with the applicable design standards of this ordinance or used as a means of advertisement or promotion.

All parking shall be located on the side or the rear of the building except where not practicable; in such cases no more than one row of parking shall be located between the front of the building and the street.

Outside storage of merchandise shall be prohibited.

Signage for a general store or convenience store building which is a chain retail subject to standardized trademark and/or logo, architecture, merchandise, services and/or retail lay-out shall not be designed in a way which conflicts with the applicable design standards of this ordinance.

A Cannabis Retail Store shall be permitted by right in the C-3 District and by the issuance of a special use permit by the Zoning Board of Review in the C-2 District as set forth in § 218 Attachment 1, Land Use Table, as amended.

A Cannabis Retail Store shall not be permitted within one thousand (1,000) feet of:

Parking shall be clearly defined with one space required for every two hundred (200) square feet of retail.

Landscaping and perimeter buffers shall comply with all applicable provisions set forth in § 218-74, as amended.

A Cannabis Retail Store shall comply with any and all dimensional provisions set forth in § 218 Attachment 2, Dimensional Table, as amended, as applicable for the specific district.

Signs shall comply with all applicable provisions set forth in § 218-63, as amended.

All exterior lighting shall comply with all applicable provisions of Chapter 155 Article III of this code.

A plan for the mitigation of cannabis odor outside of the retail establishment must be included as part of the permit application and such odor emanating from the retail establishment shall not create a public nuisance.

Safety, Security, and Emergency Response

The outdoor café must be separated from automobile traffic and parking areas with a physical barrier to contain and define the area.

Any expansion of outdoor seating beyond the proximity of the restaurant, i.e. alongside the front of another establishment, must obtain written permission from the impacted business owner.

Adequate parking shall be provided to account for the additional seating provided by the outdoor café.

No storage of vehicles, fuel, or anything hazardous or flammable.

No exterior storage.

The inclusion of a spill prevention and containment plan.

Hours of operation, shall be limited to 7 am to 9 pm.

A security plan that includes means of monitoring use, including video monitoring and an attendant on site during operating hours.

Emergency Access. The site circulation must be designed so that emergency vehicle access is provided to all buildings and individual units.

Lighting. Exterior lighting shall be limited to building mounted lights and provided only for security or emergency purposes activated by motion detectors and in compliance with the Charlestown Dark Sky Lighting ordinance (Article III of Chapter 155 of the Code).

Parking. The number of parking spaces shall be only those necessary to accommodate general parking and employee parking. Public storage units with outside access shall not require parking spaces for those units.

Buffers. Buffers shall be governed by the relevant provisions set forth in Landscaping, § 281-74 of the Charlestown Zoning Ordinance.

Signage. One ground mounted business sign with hours of operation shall be permitted in conformance with the dimensional standards contained in § 218-63 of Article XI, Signs. The numbering of individual buildings or units as a means of identification is allowed but no signage of a personal or business nature shall be permitted on individual units.

Storage unit buildings may be either one or two stories. All buildings shall be designed to have the appearance of a typical commercial building with proportionate building features (building mass, roof pitch, door and window openings).

The configuration and design of the buildings within the facility shall be such that long sections of unarticulated building facades visible from a public street are minimized.

The storage facility buildings and any necessary screening shall be compatible with traditional building design that blend in with the surroundings.