The following structures or parts of structures may be erected above the specified height limitation in Article VI provided that such vertical element shall be set back from any lot line one additional foot for each foot by which it exceeds the prescribed height limit for the district: church spire, church tower or church belfry; flagpole; radio or television antenna; chimney; elevator; penthouse; silo; municipal water supply structures; windmills; or wind generators.

Waiver of front yard restrictions. Where lots on both sides of a vacant lot have main buildings which are located in the established front yard and have been so maintained since this chapter became effective, the front yard requirement for the vacant lot may be the average of the front yards of the adjacent lots. In no case shall a front yard be less than 15 feet.

Architectural projections. Open or semienclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks and similar architectural projections when attached to a principal building shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side or rear yard. When such structures are not attached to the principal building, they shall be considered accessory buildings and shall be governed by the provisions of § 255-920A.

Waiver of yard restrictions in general. Yards required in this chapter and the space above them shall be unobstructed by buildings except as permitted by this article.

Three-sided lot. In the event that a lot contains only three sides, the width of the lot shall be considered to be the distance between side lot lines, measured at the required front yard depth. The rear yard shall be measured from a line 10 feet in length entirely within the lot parallel to the front lot line.

Irregular lot. In the event the front yard of a lot abuts a curve, a cul-de-sac or a junction of two streets that form an interior angle approximating 90°, the width of the lot shall be considered to be the distance between the two side lot lines, measured at the required front yard depth.

Reduction of street frontage. In any residential district, street frontage may be reduced to not less than 60 feet for those lots fronting entirely on turnarounds or culs-de-sac. In such instances, the required frontage shall be measured at the building line.

Corner lot. On a corner lot, both yards fronting on intersecting streets shall meet the front yard setbacks.

Front yards or through lots. At each end of a through lot the front yard setbacks for the district shall be adhered to.

Generally. A permitted accessory structure in any residential zone shall be placed in the rear yard, except that accessory buildings may be placed in the side yard where the side yard setback requirement for the principal structure can be maintained. For example: a detached garage in an R-20 Zone may be permitted in the side yard if a side yard setback of 20 feet can be maintained.

Dimensional regulations for detached accessory structures.

Accessory buildings incidental and subordinate to farming or agricultural uses. Accessory buildings incidental and subordinate to farming or agricultural uses may have a height greater than 15 feet, provided that farming is the principal use of the land. In no instance shall the height of such accessory buildings be greater than 35 feet as stipulated by § 255-600. The accessory building shall be used for storage of materials incidental to farm or agricultural uses, and not for habitation (i.e., apartments, efficiency units, dwelling units, etc.).

Attached structures. An accessory garage attached to the principal structure becomes part of the principal structure and therefore must meet the yard requirements of the applicable zoning district.

The pool must be intended and used principally for the enjoyment of the property occupants.

It shall not be located in the front yard and shall be no closer than 10 feet to a side or rear property line.

The pool, or the property on which it is located, shall be walled or fenced to prevent uncontrolled access from the street or from adjacent properties. Said fence or wall shall not be less than five feet in height, shall be maintained in good condition with a gate and lock, and must prohibit the passage of any object exceeding four inches in diameter.

Inground pools shall have an apron inside the fence no less than four feet in width.

No disposal trench or bed, cesspool, seepage pit or other facility shall be located:

No structure may be erected within 50 feet of any freshwater wetland, stream, river, pond or lake except sheds, for the storage of boats and accessories, piers and similar structures.

No freshwater wetland, stream, river, pond, or lake as defined in R.I.G.L. 2-1 shall be excavated, drained, filled or altered in any way except in conformance state and federal law.

Accessory dwelling structures are prohibited on any lot containing less than 20 acres.

Multiple accessory dwelling structures on a single lot are not permitted. Accessory dwelling structures shall comply with all planning, building and zoning requirements for a principal structure.

AFDU by right. AFDUs located in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation for family members in all residential zones subject to the following conditions in accordance with R.I.G.L. § 45-24-37(e):

AFDU by special use permit. AFDUs that do not meet the criteria for an AFDU by right, as outlined above, because they involve expansion of the existing principal residence, may be approved by special use permit in accordance with Article 4, subject to the following conditions:

A structure that would otherwise meet the definition of an accessory dwelling structure cannot be made into an AFDU by connecting it to a principal residence with a walkway, hallway, breezeway or other similar structure.

The identity of the occupant of the ADFU shall be named and an affidavit signed verifying that this person will be the only occupant.

All building permit applications for renovations or additions to construct an ADFU shall include a plan describing how the ADFU will be converted back into living space for the principal dwelling unit when the ADFU is terminated.

Any AFDU obtained under this section shall automatically terminate when:

Upon termination of an AFDU, either where it is no longer occupied by a qualifying family member or as a result of a transfer of title, the owner-occupant of the principal residence shall notify the Coventry Zoning Official, in writing, and record an appropriate document in the land evidence records noting the termination of the AFDU.

Once an AFDU has terminated, occupancy of the AFDU shall no longer be permitted unless a subsequent AFDU declaration is recorded to renew the AFDU for another family member.

AFDUs originally approved by special use permit under Subsection H(2) may be renewed through the AFDU declaration process under Subsection H(1), provided that no further expansion of the principal dwelling is proposed.

At no time shall either the AFDU or the principal residence be occupied by a non-family member of the owner of the property.

The minimum lot area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.

Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper, wheel guards, or traffic islands in accordance with Article XII. Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a concrete curb at least six inches high.

The entire area used for vehicle service shall be paved, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.

The construction standards for all drive access openings (curb cuts) shall be in accordance with § 255-1230C.

The distance of any driveway from any property line shall be at least 10 feet.

The distance between curb cuts serving the same lot or adjacent lots shall be no less than 40 feet.

The distance between a street intersection and a curb cut shall be in accordance with § 255-1230D.

Buffer landscaping and screening shall be done in accordance with Article XVII.

No vehicles shall be stored on site for salvage or dismantling.

Hydraulic hoists, pits, lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building. Tire and battery service and automotive repair, excluding automobile body repair and painting, may be carried out within the premises.

The minimum lot area shall be 40,000 square feet with a minimum street frontage of not less than 200 feet.

The requirements of § 255-930A(2) through (9).

The number of vehicles to be displayed and stored on site shall be limited as follows:

Any building permit or zoning certificate issued for an automotive dealership shall note the number of vehicles that can legally be displayed on the lot.

All auto body repair shall take place within a building.

Storage of vehicles, boats or marine equipment to be repaired shall be located in the rear and/or side of the repair building and such storage area shall be enclosed with a six-foot-high fence which shall effectively screen the area from view. Where the storage area is visible from the road or adjacent uses, four-foot-high evergreens shall be planted along the fence.

No junk vehicles, boats or marine equipment shall be stored on site. No vehicles, boats or marine equipment shall be kept on site for the cannibalization of parts.

The requirements of § 255-930A(1) through (9).

Buildings shall be set back from the cemetery by 50 feet. Accessory buildings shall be set back 20 feet.

If parking is located around or near the cemetery, the cemetery shall be fenced and curb stops installed to prohibit vehicles from driving over the area.

The cemetery shall not be altered in any way.

Any application for the siting of a Hazardous Waste Management Facility in accordance with R.I.G.L. 23-19.7 shall conform with the following requirements in addition to the industrial performance standards of this chapter (Article VII and § 255-720 in particular):

For the purposes of enforcement of these provisions, a hazardous waste management facility does not include firms which treat their own hazardous waste as an incidental process, subordinate to the main use of the land and principal structures and which is located on the same or adjoining lot.

The lot shall consist of not less than 160,000 square feet of land area and shall have a minimum width of 200 feet.

The suitability of the soil within the lot shall provide for the safe and proper operation of individual sewage disposal systems, if such are required. No portion of the lot shall be under water or in wetlands. The lot shall be well drained, and so graded that pools of stagnant water shall not be allowed to collect. Where public sewers exist, the hotel or motel facility shall be connected to such sewers.

The permanent structures of motels or hotels shall not occupy more than 25% of the total lot area. Additional lot coverage not to exceed 10% of the total lot area is authorized for recreational facilities.

No individual motel unit or hotel room shall be erected or altered so as to have a floor area of less than 240 square feet, including bathroom and closet space.

No part of a motel or hotel structure, accessory structure (except a sign), parking lot or utility area shall be within 50 feet of any lot line or closer than 100 feet to the right-of-way of any public street. A landscaped or natural buffer zone shall be provided within said fifty-foot setback from any lot line and within said one-hundred-foot setback from any public street, and shall be established in accordance with Article XVII.

Accessory uses may include necessary office, recreation, parking and maintenance areas, lunch room, restaurant, cocktail lounge or gift shop.

No principal building shall exceed 35 feet in height; no accessory building or other structure shall exceed 20 feet in height.

Minimum off-street parking and drive access shall be provided and maintained in accordance with Article XII.

All customary home occupations shall conform to the following conditions:

No animal renderings or fish wastes shall be used to accelerate the decomposition of waste.

A commercial composting operation shall be no smaller than five acres in size and no larger than 10 acres.

The purpose of this section is to establish general guidelines for the siting of communication towers and antennas. The goals of this section are to:

New towers and facilities. The requirements set forth in this section shall govern the location of all new towers, facilities and related equipment that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

Amateur radio; receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 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.

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection D(3) and (4). Any such towers or antennas shall be referred to in this section as "preexisting towers" or "preexisting antennas."

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. Towers and base facilities may not take away required parking spaces of an existing building.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Building Department an inventory of its existing towers that are either within the Town of Coventry and within 10 miles of the border thereof, including specific information about the location, height, design and capacity of each tower. The Building Department may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the Town; provided, however, that the Building Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Federal requirements. All towers must meet or exceed current standards and regulations of the Rhode Island State Building Code, FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the State Building Codes as amended from time to time. If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then the Building Official shall proceed in accordance with Chapter 27.3 of Title 23 of the R.I.G.L., entitled "State Building Code."

Notification. All applicants shall send certified mail announcements to all other users locating in Coventry, declaring their sharing capabilities and siting needs. Except in cases where mechanical, structural or regulatory factors prevent them from sharing, applicants cannot be denied or deny space on a tower.

ANSI Standards. Upon completion of construction, the applicant shall submit an annual report to the Town Engineer which provides quantified electromagnetic field (EMF) measurements and compares these measurements to current Federal and American National Standards Institute (ANSI) standards or subsequent standards. If the project does not meet federal and ANSI standards, the permit may be modified or revoked.

General.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such uses shall comply with Subsection D(3) and (4) above, and Subsection H and all other applicable statutes and articles.

Specific permitted uses. The following uses are specifically permitted:

General. The following conditions shall require the issuance of special use permits:

Information required. Each applicant requesting a special use permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, buffering/landscaping, adjacent uses, and other information deemed by the Zoning Board of Review to be necessary to assess compliance with this section.

Factors considered in granting special use permits. 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 they find that the goals of this section are better served thereby.

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

Setbacks and separation.

Aesthetics: lighting.

Landscaping.

Security fencing.

It is determined that throughout the Town there are a number of historic and industrial mill structures that have experienced high vacancy rates and physical deterioration. It is further determined that the Town's Comprehensive Plan encourages infill housing in existing medium- and high-density areas, including industrially zoned areas.

The purpose of this section is to create a Mill Conversion District as a floating zone to allow for the conversion of historic mills while preserving the character of nearby residential and commercial neighborhoods; to encourage the preservation, reuse and renovation of historic mill properties and to promote diversified housing opportunities as mill conversion projects.

A Mill Conversion District shall be considered a floating zone, requiring a zoning map amendment. Application for a Mill Conversion District shall be filed with the Town Clerk in accordance with the requirements and procedures of Article XVIII of this chapter to amend the Zoning Ordinance Map, including those provisions for fees, notice, and application requirements. If the Zoning Map amendment to establish the Mill Conversion District is approved by the Town Council, then any mill conversion project shall adhere to the regulations for development plan review set forth in the Coventry Zoning Ordinance at Article XVI. The floating zone district map amendment shall not become finalized until final development plan approval is received. Conditional approval of a Mill Conversion District as a floating zone map amendment by the Town Council shall not bind the Planning Commission to approving a specific mill conversion project under Article XVI.

The filing of a mill conversion floating zone map amendment petition does not imply its acceptance in whole or in part by the Town Council. The approval of a mill conversion floating zone, including any modifications, conditions, or restrictions thereto, represents a legally binding commitment by the applicant to carry out the mill conversion project as represented to the Town Council and as it may be approved.

Any mill conversion project that includes residential units shall have a minimum average of 1,000 square feet of living space for each unit in the subject mill. No unit shall have less than 720 square feet of living space. The Planning Commission may approve a plan for development and determine the appropriate dimensional requirements based on each specific and unique mill conversion project.

No additions shall be allowed to the mills for the purpose of gaining additional multifamily units. The Planning Commission shall have the authority to grant permission for additions for essential nonresidential uses.

The applicant shall be required to provide a minimum of two off-street parking spaces per residential unit on or immediately adjacent to the site. If a unit exceeds 2,000 square feet but has two or fewer bedrooms, the Planning Commission, in its sole discretion, may reduce the number of parking spaces for each unit. In no event shall the parking be reduced to less than one space.

If it deems appropriate, the Planning Commission may require the applicant to submit a Phase I Environmental Site Assessment or similar environmental review of the subject parcel.

All other general standards for review and development by the Planning Commission set forth in Article XVI, Development Plan Review, shall apply. Any applicant for a mill conversion project shall strive to renovate the mill structure(s) in a manner consistent with their original style.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

For projects that meet the following criteria, the minimum residential density shall be 15 dwelling units per acre:

For all other adaptive reuse projects that are less than 15 dwelling units per acre, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and are considered legal nonconforming.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

Notwithstanding other provisions of this chapter, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

The parking requirements and design standards in Article XII and Article XVII, § 255-1750, shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for all uses other than residential.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of § 255-600, Schedule of Zoning District Use Regulations, for the zoning district in which the structure is located.

Adaptive reuse project shall be subject to the procedural requirements of the Land Development and Subdivision Regulations and undergo either minor or major land development as determined in that section.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information: