(a)

The removal from any premises of more than three cubic yards of sod, clay, loam, sand, gravel or rock in any one year is prohibited, except when incidental to and in connection with the construction of a building, structure, street or highway, public utility, state or municipal facility, subdivision or other activity authorized by this chapter. However, a use of premises for the excavation or removal of sand and gravel existing on the effective date of the ordinance from which this chapter was derived may be continued if the operation has been in continuous use for three years or more on the effective date of the ordinance from which this chapter was derived, notwithstanding any of the provisions contained in article VI of this chapter.

(b)

Upon the completion of any earth removal from premises existing prior to the effective date of the ordinance from which this chapter was derived or authorized by this chapter or the zoning board of review, such premises shall be graded with topsoil and seeded in such a manner so as to prevent erosion, the blowing of soil or other harmful or detrimental conditions. Removal of soil or other earth products other than specifically permitted in this chapter shall be classified as stripping and is prohibited.

(Rev. Ords. 1987, § 19-116; Ch. 453, § VI, 7-15-08)

The requirements and regulations in this division are intended only as minimal standards for the protection of the public health, safety and welfare and should be exceeded wherever practical or desirable.

(Rev. Ords. 1987, § 19-131)

Except as required in section 19-133, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in section 19-145 for the district in which such lot is located may be considered as conforming to the minimum lot requirements of section 19-145, provided that such lot or group of contiguous lots was shown on a recorded plat or on a recorded deed on the effective date of the ordinance from which this chapter was derived (November 29, 1966). These are also referred to as prior recorded lots.

Notwithstanding the failure of a single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance (November 29, 1966) to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under section 19-5 or a dimensional variance request under section 19-45, whichever is applicable.

(Rev. Ords. 1987, § 19-132; Ch. 914, § I(Att.), 12-19-23)

It is the intent of this chapter to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots or to reduce the extent of dimensional conformance.

If two or more contiguous lots are under common ownership at any time after the effective date of the ordinance from which this chapter was derived and one or more of these lots fails to meet the requirements of section 19-145 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by sections 19-144 and 19-145 of this chapter, or the off-street parking requirements of section 19-284 of this chapter, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if joint application for a building permit is made by all owners of such parcels. No single lot shall be used in violation of the requirements of section 19-145 with regard to minimum lot area or minimum lot width, except as provided in this chapter.

The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

(Rev. Ords. 1987, § 19-133; Ch. 184, § I, 11-6-01; Ch. 194, § I, 12-18-01; Ch. 914, § I(Att.), 12-19-23)

(a)

Except as hereinafter provided, a dwelling, building or structure hereafter erected in any district shall not be located on a lot or parcel of land having less than the minimum dimensional and setback requirements of this chapter and shall not exceed the maximum height and percentage of lot building coverage.

(b)

No lot, parcel or tract of land shall be reduced in dimension or area such as to be in violation of section 19-145, except as hereinafter provided. A lot created after the effective date of the ordinance from which this chapter was derived shall meet at least the minimum requirements established by this chapter for the district in which such lot is located, except as provided in section 19-133.

(Rev. Ords. 1987, § 19-134)

Yard regulations shall apply to that open area on the same lot with a principal building or structure and accessory structure located between the lot lines and the minimum setback lines which shall be unobstructed by buildings or structures from the ground to the sky, except as hereinafter provided.

(1)

In any district, the front yard as established in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures other than signs, poles, ornamental and similar structures and shall not be used to fulfill the off-street parking, loading or unloading requirements of this chapter or for outdoor storage or display, except that a driveway and walkways may be located in any required front yard. Parking in the front yard setback shall not exceed one-third of the overall lot width for one and two-family dwellings only. For residential structures only, a handicapped access ramp may be located within the required front yard. No fence or similar screen of solid appearance in a residential district shall exceed four feet in height where located in the required front yard or along property boundaries contiguous to the required front yard.

(2)

In any district, the side and rear yards as established by the minimum required setback in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures except as hereinafter provided. For residential structures only, a handicapped access ramp may be located within the required side and rear yard setback. (See section 19-144 for regulations pertaining to accessory uses and structures.

(3)

Off-street parking, loading or unloading area in conformance with sections 19-276 through 19-284 or 19-285 through 19-290 and accessory to a permitted use located on the premises may be located within the required side or rear yard, except where such yard is located in a commercial or industrial district and abuts a residential or open space district, only if necessary to meet the minimum requirements of such sections as determined and approved by the zoning officer and city traffic engineer.

(4)

In any district, any portion of a required yard not developed for a use expressly permitted under the terms of this chapter shall be landscaped and maintained to enhance the premises and to be attractive and acceptable to the neighborhood.

(5)

No fence or similar screen of solid appearance in a residential district shall exceed six feet in height where located in the required rear yard or side yard or along property boundaries contiguous to the required rear yard or side yard when said boundary abuts another residential use. For a boundary between a residential and commercial or industrial use no fence or similar screen of solid appearance shall be less than six feet nor more than ten feet in height. These restrictions shall not apply to plantings such as arborvitae or other similar trees or shrubs. Said height shall be measured from the existing grade at the rear and side lot lines.

(Rev. Ords. 1987, § 19-135; Ch. 82, § I, 8-10-99; Ch. 146, § VII, 10-23-00; Ch. 198, § V, 2-19-02; Ch. 642, § VI, 3-15-16)

(a)

The minimum front setback requirements of section 19-145 shall be measured along a line parallel to the lot line at the minimum distance of the required setback. If 75 percent or more of the block frontage of the same street is improved with buildings, the front setback shall extend to the average alignment of such buildings.

(b)

The minimum side and rear setback measurement of section 19-145 shall be measured parallel to the lot line at the minimum distance of the required setback. Where no minimum side setback is required by section 19-145 but where a side setback is actually provided, such side setback shall not be less than five feet.

(c)

Notwithstanding other provisions of this chapter, for any building or structure, the minimum front, side and read setback as required in section 19-145 shall be increased by three feet for each full floor level over the first two floor levels.

(Rev. Ords. 1987, § 19-136; Ch. 194, § II, 12-18-01)

(a)

Notwithstanding other provisions of this division wherever a lot or parcel of land in a commercial or industrial district abuts a lot or parcel of land in a residential district fronting on the same street, the lot or parcel of land in the commercial or industrial district shall have at least one-half of the front setback as required in the adjoining residential district but not less than that required in the commercial or industrial district.

(b)

Notwithstanding other provisions of this chapter wherever a lot or parcel of land in an R-5 district, any commercial district or an I-1 district abuts a lot or parcel of land in a residential district, the side and rear yard setback on the lot or parcel in the R-5, commercial, or I-1 districts shall be measured at least 30 feet from the property line along that portion of the lot or parcel that abuts the residential district.

(c)

Wherever a lot or parcel of land in an I-2 general manufacturing or an I-3 heavy manufacturing district abuts a residential district, the principal building or structure on the lot or parcel in the I-2 or I-3 district shall be set back at least 50 feet from the property line along that portion of the lot or parcel that abuts the residential district.

(Rev. Ords. 1987, § 19-137)

(a)

Side lot line. Notwithstanding any other provisions of this chapter, no side lot line shall be less than 80 feet. In the case of corner lots, which meet all other dimensional requirements and have a side lot line serving in accordance with subsection (b) of this section and section 19-141(c) as a rear lot line, this side lot line may be less than 80 feet but not less than 50 feet.

(b)

Use of side yard as rear yard. Where under the definition a rear yard is not possible as in the case of a corner lot, one side yard shall be designated as a rear yard and shall conform to all regulations of this chapter pertaining to rear yards.

(Rev. Ords. 1987, § 19-138)

Not more than one structure used for residential purposes shall be built upon any single lot in any R-1, R-2, R-3, R-4, R-5 or R-6 district.

(Rev. Ords. 1987, § 19-139; Ch. 184, § II, 11-6-01)

(a)

Lot frontage. Lot frontage shall be measured along the street right-of-way line between the side lot lines and shall be not less than 40 feet. Where all frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.

(b)

Lot depth. Lot depth shall be measured from the front lot line to the rear lot line; this distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.

(c)

Lot width. Lot width shall be measured as the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.

(Rev. Ords. 1987, § 19-140)

(a)

Corner lots—Setbacks. For corner lots, those lots which abut on and at the intersection of two or more streets and/or road rights-of-way, lot frontage shall be considered for the purposes of determining setbacks to be two or more front lot lines which shall all meet the minimum front setback requirements of section 19-145.

(b)

Corner lots—Lot depth and width. Lot depth for corner lots may be measured from any front lot line measuring as indicated in lot depth, to a side lot line considered under this measurement to be a rear lot line. Lot width for corner lots shall be measured as indicated under lot width.

(c)

Use of side yard as rear yard. Where in the case of a corner lot there is no apparent rear lot line, one side lot line shall be designated as a rear lot line and shall conform to all regulations of this chapter pertaining to rear yard setbacks.

(d)

Through lots—Setbacks. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, the lot shall be considered for the purposes of determining setbacks to have two front lot lines which shall both meet the minimum front setback requirements of section 19-145.

(e)

Through lots—Depth. For through lots, those lots which front upon two parallel streets or which front upon two streets which do not intersect at the boundaries of the lot, depth shall be measured for lots with parallel front lot lines, as the distance measured from the front lot line to front lot line, the distance shall be the shortest distance. For lots where the front lot lines are not parallel, the lot depth is an average which shall be measured from midpoint to midpoint of the front lot lines.

(f)

Through lots—Width. Width shall be measured as indicated under lot width at the minimum front setback from either front lot line.

(Rev. Ords. 1987, § 19-141)

Where the location of a lot width or lot depth line or a front, side or rear lot line is otherwise uncertain, the zoning officer shall determine their position in a manner complying as closely as possible with the requirements of this chapter.

(Rev. Ords. 1987, § 19-142)

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 30 feet from the point of the intersection.

(Rev. Ords. 1987, § 19-143)

(a)

All residentially used or zoned lots shall contain no more than three accessory sheds and one accessory garage. No accessory building or structure shall be located nearer than five feet from a principal building unless such accessory building or structure is attached to the principal building.

(b)

An accessory building, structure or use conforming to section 19-171 may be located within the required side yard setback and rear yard setback, provided it shall not be nearer than five feet from any lot line. A garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances are permitted when such uses are accessory to a nonconforming residential use. In-ground and above-ground swimming pools, however, shall not be located nearer than six feet from a lot line per section 421.4 (locations) of the BOCA Code.

(c)

An accessory building, structure or use conforming to section 19-171 shall be limited to no more than 20 feet in height, except as provided as follows:

An accessory structure which is attached to a principal structure may be treated as a principal structure in terms of height requirements provided the setback requirements applicable to a principal structure are met.

(Rev. Ords. 1987, § 19-144; Ch. 52, § I, 2-3-99; Ch. 216, § II, 6-18-02; Ch. 642, § VII, 3-15-16)

The following is the schedule of area requirements:

* Including accessory building.

** Maximum percent of coverage in the OS1 District shall be 20 for educational institutions.

+ In addition to lot building coverage, every parcel shall also be subject to a maximum percentage of impermeable surface coverage. The maximum amount of the site that may be covered by an impermeable surface shall be determined by adding 20 percent of the site area to the maximum percent of lot building coverage as established by section 19-145. For the purposes of calculating the amount of impermeable surface coverage, impermeable surfaces shall include all roads, driveways, parking areas, buildings, loading areas, decking, pools, and other impermeable construction covering the natural landscape.

(Rev. Ords. 1987, § 19-145; Ch. 52, § II, 2-3-99; Ch. 194, § III, 12-18-01; Ch. 867, § V, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

_____

Editor's note— Ch. 453, § VII, adopted July 15, 2008, repealed § 19-146, which pertained to area requirements for port district and derived from Rev. Ords. 1987 § 19-146. See also the Code Comparative Table.

(a)

No single-family dwelling shall be erected or shall be reconstructed, or shall have alterations in size, which result in less than 620 net square feet on one level. For the purposes of this section, net square feet shall be all of the floor area within the walls separating the dwelling unit from the exterior of the building or mechanical space or other dwelling units or common areas, exclusive of garages and porches.

(b)

No dwelling units in two-family or three-family structures, shall be erected or shall be reconstructed or shall have alterations in size, which result in less than 620 net square feet per dwelling unit. For the purposes of this section, net square feet shall be all of the floor area within the walls separating the dwelling unit from the exterior of the building or mechanical space or other dwelling units or common areas, exclusive of garages and porches.

(Rev. Ords. 1987, § 19-156)

The following accessory uses shall be allowed, provided that they shall conform to all other provisions of this chapter and that they shall not be detrimental to or impair adjacent properties or the neighborhood.

(1)

Residential district:

a.

The raising or growing of horticultural products for home use by a resident family thereon.

b.

A hen house, barn, stable, kennel or dairy incidental to a permitted farming use.

c.

A garden or tool shed used only for the storage of garden implements and light home maintenance tools.

d.

A greenhouse not exceeding 1,500 cubic feet and not used for commercial purposes.

e.

Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances.

f.

A private garage or parking area as required in sections 19-276 through 19-284 in connection with a dwelling for:

1.

Not more than three motor vehicles, which shall not include more than one vehicle owned by a nonresident of the premises in an R-1 or R-2 district.

2.

Not more than four motor vehicles, which shall not include more than two vehicles owned by a nonresident of the premises in an R-3 or R-4 district.

3.

Not more than two motor vehicles per dwelling unit, which shall not include more than one vehicle owned by a nonresident of the premises for each two dwelling units in an R-5 or R-6 district.

In any case, not more than one commercial vehicle weighing not more than 2½ tons gross weight shall be permitted to park overnight on a residential premises in a residential district, except in the case of a farm operated on a full-time basis by a resident thereon.

g.

A professional home office or studio located within the principal building of the premises of a resident architect, artist, author, attorney, clergyman, dentist, engineer, physician or other member of a recognized profession; provided that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no more than one other person is regularly employed therein in connection with such in an R-1, R-2, R-3 or R-4 district, and not more than two other persons are regularly employed therein in connection with such use in an R-5 or R-6 district.

h.

Any home occupation use such as dressmaking, millinery, home cooking and preservation and similar domestic crafts, excluding barbershops, beauty parlors, hair dressers, dance studios, schools and repair services of any kind, customarily conducted within the principal building by a resident of the premises, provided that there is no exterior storage of material or equipment, that no display of products shall be visible from the street, that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in connection with such use in an R-1, R-2 or R-3 district, and not more than one other person is regularly employed therein in connection with such use in an R-4, R-5 or R-6 district.

The practice of massage therapy conducted by a state licensed massage therapist* conducted within the principal building by a resident of the premises, provided that:

1.

There is no exterior storage of material or equipment;

2.

No display of products shall be visible from the street;

3.

Not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in the R-1, R-2, R-3, R-4, R-5 and R-6 districts;

4.

The resident shall have obtained a special use permit under section 19-39 et seq., Special Use Permit;

5.

The applicant shall obtain any licenses required by the city; and

6.

Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

i.

Servants' quarter.

j.

A seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises of a permitted farming use by the resident, owner or lessee thereof.

k.

Dormitory or living quarters for churches or other places of worship, educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

l.

The renting of a room to not more than two persons.

m.

Other similar accessory uses customarily incidental to a permitted use, except that the storage of pallets in commercial form shall not be permitted in residential areas.

n.

Portable storage containers* may be placed in a residential district for up to 30 calendar days. The building official may permit the placement of a portable storage container for more than 30 days provided that the property owner has a valid building permit for construction, reconstruction, alteration or remodeling of the structure or due to extenuating circumstances such as hurricane, fire or flood. A portable storage container* may not be used as an accessory structure to a principal use and further shall not be permitted for use as a detached permanent storage building, utility building workshop, hobby shop and other similar purposes.

(2)

Open space district:

a.

One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

b.

Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.

c.

Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

d.

Other accessory uses customarily incidental to a permitted use.

(3)

Commercial district:

a.

One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

b.

Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.

c.

Other accessory uses customarily incidental to a permitted use.

d.

Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.

e.

Amusement game machines, in conjunction with a permitted business use, according to section 19-98, provided such use is beyond 500 feet from the property boundary of any school, church, other place of worship or religious institution, or public recreation area. No amusement game machine, as defined by this chapter, shall be allowed to operate without the issuance of a proper license by the city council.

(4)

Industrial district:

a.

One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.

b.

Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.

c.

Other accessory uses customarily incidental to a permitted use.

d.

Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.

e.

Employees services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use.

(5)

Business/technology floating zone district:

a.

Accessory uses customarily incidental to a permitted use.

b.

Off-street parking as regulated by division 11 of this article, and off-street loading and unloading as regulated by sections 19-285 through 19-290.

c.

Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use, and further which meet the requirements of section 19-364 relating to the definition of a business/technology development. Such services shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: dry cleaning services (drop-off and pick-up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).

d.

Licensed child day care centers for children of employees of the businesses in the business/technology district.

(Rev. Ords. 1987, § 19-171; Ch. 457, § VI, 10-7-97; Ch. 146, § VIII, 10-23-00; Ch. 470A, § VI, 10-7-08; Ch. 489A, § III, 10-6-09)

(a)

Emergency shelters shall be permitted as an accessory use in any district, subject to the setback, yard and lot building coverage requirements of the district. In addition, an emergency shelter may be used for any principal or accessory use permitted in the district except for habitation by persons other than occupants of the principal dwelling. Structures or portions of buildings to be used as emergency shelters shall meet the requirements of the building code and standards issued by the department of civil defense, office of civil defense mobilization, and shall be approved by the city director of civil defense.

(b)

Other provisions of this chapter notwithstanding, underground shelters or those not exceeding three feet above grade, or subterranean portions thereof, may exceed the side and rear minimum setback dimensions and lot building coverage requirements of the district and may be placed without restriction on location in relation to the principal building or structure or other accessory structures.

(c)

When it is established that an emergency shelter would not be permitted under the foregoing provisions owing to topographic condition, the location and coverage upon the lot of existing structures or other characteristics peculiar to the site, the zoning board of review, in consultation with the director of civil defense, may grant the following exceptions:

(1)

An aboveground structure may be located anywhere in a side or rear yard, provided that an underground type shelter is not feasible. Whenever it is considered desirable, the zoning board of review may require that such shelters be attached and constructed to a height conforming to the principal structure.

(2)

An underground shelter or one not exceeding three feet above grade may be located in the front yard.

(d)

In granting these exceptions, the zoning board of review may impose whatever conditions it may find desirable to control the appearance in relation to the street and the effect on surrounding property.

(e)

Subject to approval of the city director of civil defense, the zoning board of review may permit the construction of a common shelter by two or more property owners across two or more property lines. All side and rear yard requirements may be waived except where an abutting property is not included in the joint proposal. The board shall require the execution of an agreement between all property owners involved concerning rights and obligations of taxation, access and maintenance.

(f)

Subject to approval of the city director of civil defense, the zoning board of review may permit a privately owned group or neighborhood shelter as a principal use in any district.

(Rev. Ords. 1987, § 19-172)

(a)

General requirements. Notwithstanding any other provisions of this chapter, the following criteria shall apply to all helistops in order to assure public safety:

(1)

Helistops shall be located only in those districts as allowed by special use permit in section 19-98;

(2)

No helistop shall be established or operated in the city until all applicable federal and state rules, regulations, requirements and permits are obtained and complied with;

(3)

No helistop shall be established or operated in the city until all permits or fees as required by this chapter and the provisions of all other ordinances of the city and all other requirements are complied with;

(4)

All helistop landing areas shall be located at ground level and shall not be permitted on roof tops, buildings or other elevated structures;

(5)

The landing and taking off of helicopters at helistops shall be permitted only during daylight hours between sunrise and sunset;

(6)

For the administration and enforcement of this section and the location, design and layout of helistops, the publication Heliport Design Guide AC 150/5390-1A by the Federal Aviation Administration, U.S. Department of Transportation dated November, 1969 or its latest equivalent, shall be used for standards and reference;

(7)

A detailed site plan shall be submitted with all applications showing the size, location and other pertinent information of the touchdown, landing and peripheral area, types and location of constructed facilities, paving markings and location of safety equipment, parking layout, fencing and landscaping and all other facilities as required or provided. Additionally, a plot plan shall be submitted showing the helicopter landing facility with two clearance planes (approach and departure paths and side slopes) in relation to all physical features of the land including development thereon for a radius of at least 500 feet from the landing area.

(b)

Approach, location and area requirements. Approach, location and area requirements shall be as follows:

(1)

Approach and departure paths shall be selected to provide the most advantageous lines of flight to and from the landing and touchdown area and to minimize the adverse effects of excessive noise on residential areas, schools, churches, religious institutions and similar public and semi-public facilities.

(2)

Every helistop shall be so located and used so as to provide at least two approach paths oriented as much as possible into the prevailing wind, at least 90 degrees apart, and clear of obstructions above an imaginary plane having a slope of eight feet horizontally to one foot vertically (8:1) flaring uniformly from the width of the landing area to a width of 500 feet at 4,000 feet from the landing area. If necessary, a curved approach may be used, however, it shall have a turning radius of not less than 700 feet.

(3)

There shall be no obstructions adjacent to the landing area and the approach and departure paths above an imaginary plane (side slope) having a slope of two feet horizontally to one foot vertically (2:1) from the centerline of the approach and departure paths to a distance of 250 feet.

(4)

The dimension of the touchdown area shall be equal to rotor dimensions of the largest helicopter anticipated to use the landing facility but in any instance not less than 20 feet by 20 feet.

(5)

The width and length dimensions of the landing area including the touchdown area shall be at least 1.50 times the overall length of the largest helicopter anticipated to use the landing facility but in any instance not less than 50 feet by 50 feet.

(6)

A peripheral clear area of at least ten feet shall be provided around the landing area for safety purposes.

(7)

Helistops shall not be located any nearer than 200 feet to any adjacent residential zone boundary line.

(c)

Improvement requirements. Improvement requirements for helicopter landing areas shall be as follows:

(1)

All helicopter land pads, touchdown and landing areas shall be paved with dust-proof material and all pathways, driveways, parking areas and other similar associated facilities shall be paved.

(2)

The peripheral area shall be surrounded by a fence or wall at least four feet in height and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the helicopter rotor blades.

(3)

Landing markers and a wind indicating device shall be provided and be in conformance with any applicable state regulation and federal recommendation.

(4)

At least one fire extinguisher shall be provided at helistops and an approved means of emergency communications such as telephone, fire alarm box or other signaling device may be required. All fire protection devices, equipment and the location thereof shall be subject to the approval of the fire prevention officer of the city fire department and he may impose such other safety requirements as deemed necessary.

(Rev. Ords. 1987, § 19-173; Ch. 914, § I(Att.), 12-19-23)

(a)

Permits required. Transit shelters may be located within city or state highway rights-of-way or on adjacent properties by obtaining a city zoning and building permit, subject to the following requirements:

(1)

A transit shelter shall meet requirements of chapter 4 as it may be applicable to meeting all structural and electrical requirements in order to obtain a building permit or an electrical permit.

(2)

Permit fees will be waived for transit shelters to be erected under the authority of a public transportation agency.

(b)

Location. The location of transit shelters shall be as follows:

(1)

Transit shelters may be located within the sidewalk area of a public right-of-way, or on adjacent private property. When the transit shelter is located on private property, the private property owner shall be a signatory to the application for a building permit.

(2)

A transit shelter, as a public convenience, shall be exempt from the lot area and yard requirements of sections 19-131 through 19-142 but shall conform to the requirements of section 19-143.

(3)

In order for a zoning permit to be issued under section 19-56, the zoning officer shall determine that the following requirements are met:

a.

The transit shelter does not block or hinder access to adjacent property;

b.

The transit shelter does not substantially obstruct the visibility of commercial establishments abutting or adjacent to a street;

c.

Transit shelter placement must allow a safe, minimum, unobstructed width of three feet for pedestrian movement on the sidewalk, and when space permits, a four-foot width shall be required;

d.

An applicant for a permit shall provide a written guarantee that there will be no conflict or interference with the location or maintenance of public or private utilities or utility service to abutting property.

(c)

Liability. The city shall be indemnified against any and all liability in connection with bus shelter placement, location, maintenance, use or removal.

(d)

Maintenance. Maintenance of the transit shelter shall not be the responsibility of the city but shall be the sole responsibility of the applicant for a permit. Maintenance shall be on a routine basis with provisions for snow removal and emergency maintenance. A maintenance plan and schedule shall be submitted with the request to locate a shelter.

(e)

Cause for removal. The city reserves the right to order removal or relocation of transit shelters at the expense of the owner/applicant with no liability to the city, upon due notice for

bona fide cause. Causes shall include but not be limited to inadequate maintenance or failure to follow the approved maintenance plan and schedule, nuisance, interference with the construction, repair or maintenance of any public or private utility service or other cause determined to impair or threaten the use, safety, welfare or the rightful use of the right-of-way.

(f)

Advertising. Transit shelter advertising shall be as follows:

(1)

Transit shelter advertising shall be limited to one double faced advertising panel. The live area of each face shall not exceed 22 square feet in area, or a width of not greater than 48 inches;

(2)

If the advertising panel is illuminated, it shall be by internal illumination and shall meet the guidelines of article VII of this chapter.

(3)

Advertising shall conform to the requirements of chapter 8, article XI.

(Rev. Ords. 1987, § 19-174)

(a)

Generally. Except in a floating zone district which is regulated by subsection (b) of this section, the following regulations shall apply to all open storage which may qualify as an accessory use or open storage of a temporary nature or duration:

(1)

The open storage shall not occur within any required front, side, or rear yard as established by the minimum setback requirements of section 19-145;

(2)

The open storage shall not exceed the maximum height limitation of the district as provided in Section 19-145;

(3)

The open storage shall be secured from unauthorized access;

(4)

The open storage shall be contained and/or covered as necessary so as to prevent its movement or transport by act of nature, including leaching into the ground. Without limiting the foregoing, materials which are subject to erosion by wind shall be protected by effective cover or other treatment, which shall be identified in the application. Materials which are subject to erosion by water or leaching shall be protected through effective control measures, which shall be identified in the application.

(5)

The open storage shall be screened from the view of adjacent residential properties and from public streets; the proposed method of screening shall be noted in the application and on the plans;

(6)

The open storage of anything that can be moved or damaged by water, or which is wholly or partly soluble in water shall be prohibited within floodways, special flood hazard areas, or V zones, as provided in division 12, flood hazard areas, section 19-306 et. seq.;

(7)

The open storage shall only be allowed where the findings required in section 19-39 are met;

(8)

Open storage shall conform in all respects to the standards set forth in division 14, industrial processes, of this article.

(9)

A special use permit granted for open storage shall be limited to the specific type and quantity of commodity, equipment, supplies, material(s), and substance(s), and the manner of storage of such items, as specified on the special use permit application and shall not be deemed permissive of any other type of open storage activity. A change in open storage activity from that previously granted through a special use permit shall require a new special use permit petition to the zoning board of review.

(10)

Petitions for special use permit for open storage shall meet the application requirements for a special use permit and shall additionally include the following:

a.

A specific listing of the commodity, equipment, supplies, material(s), or substance(s) for which the open storage special use permit is being requested, which shall include the specific type and specific quantity of commodity, equipment, supplies, material(s) or substance(s), and the manner in which such items shall be stored;

b.

A site plan which shall specifically identify and show the location of the proposed open storage on the parcel which is the subject of the special use permit.

c.

Fire plan. A fire plan, subject to the review and approval of the fire chief, shall be part of the application and, at a minimum, shall address the following: proximity of fire hydrants to the open storage; accessibility and access for emergency vehicles; the chemical nature and qualities of the material(s) to be stored and a statement as to their combustibility; flammability; and/or explosive or corrosive qualities; and any potential threats to public safety, health and welfare.

(Rev. Ords. 1987, § 19-175; Ch. 146, § IX, 10-23-00; Ch. 453, § VIII, 7-15-08)

1.

The purpose of this section is to promote the development of large-scale solar photovoltaic facilities (SPF) to promote sustainable renewable energy options through the use of such equipment as solar photovoltaic cells and potentially the use of said facility as an educational opportunity regarding green technology and renewable energy. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section.

2.

A large-scale, solar photovoltaic facility shall be a permitted accessory use on portions of the property owned by the City of East Providence, known as the former Forbes Street Landfill, Parcel 001, Block 1, Assessors Map 511, zoned Open Space - 1, subject to review and approval by the planning board as a land development project (LDP).

3.

The construction and operation of all large-scale solar photovoltaic installations shall be reviewed in accordance with the procedures and standards of Article V. Land Development Projects. The land proposed for the SPF is owned by the City of East Providence and an SPF shall not be approved unless the applicant(s) has/have executed a contingent sale (based on an SPF being approved) or an executed long-term lease (ten (10) years or more) for all the property composing the proposed SPF. The Board shall impose any reasonable conditions they find appropriate to improve the site design. The underlying zoning of the site shall stay in effect. In addition, electrical, plumbing and/or building permits from the Building Division shall be required.

4.

Preapplication conference: The applicant shall have at least one preapplication conference with the director of the department of planning. The planning director, as administrative officer, may invite the director of public works, city engineer, fire chief, building official, zoning officer, and any other party deemed to be appropriate to the preapplication review.

(Ch. 533, § III, 9-6-11)

1.

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

2.

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

3.

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

4.

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

5.

A sign at the facility shall be required to identify the name of the owner and operator of the facility and provide a 24-hour emergency contact phone number. The facility shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. And any such signs shall meet the city's zoning regulations.

6.

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

(Ch. 533, § III, 9-6-11)

(a)

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

(b)

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

(c)

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

(d)

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

(e)

Any and all construction shall comply with the yard and height requirements of the zoning district in which the parcel is located, Open Space - 1.

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(Ch. 533, § III, 9-6-11)

1.

LDP application form signed by both the City of East Providence and an authorized representative of the proposed operator(s) of the facility, an executed ground lease for the location of the facility on portions of the city's former Forbes Street landfill, and a description of the financial surety that satisfies Sec. 19-280. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Rhode Island.

2.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

Location of existing and proposed electric lines;

(g)

Location and perimeters of existing and proposed easements;

(h)

Location of all underground utilities, water and sewer lines;

(i)

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

(j)

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

[3.]

Proof of liability insurance.

4.

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

5.

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

6.

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

(Ch. 533, § III, 9-6-11)

1.

Removal requirements. Any large-scale ground-mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 19, Zoning, shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a)

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

(b)

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

(c)

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

2.

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

3.

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

(Ch. 533, § III, 9-6-11)

Gasoline filling stations may be allowed upon issuance of a special use permit by the zoning board of review or planning board under unified review. Notwithstanding any other provisions of this chapter, the requirements and design standards in this division shall apply to all gasoline filling stations as defined in section 19-1.

(a)

Special use permit criteria. The following criteria shall apply for gasoline filling station applications:

(1)

Compatibility with the neighboring transportation network as evidenced by:

a.

The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

1.

Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

2.

Safety (accident data, sight distance, roadway conditions, etc.);

3.

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

4.

Existing volumes (traffic counting);

5.

Site-generated and future traffic;

6.

Planned transportation improvements, if any;

7.

Projected parking demand for the facility, and adequacy of available on-site parking;

8.

Analysis of the specific impacts of fuel deliveries.

(2)

Compatibility with neighboring land uses as evidenced by:

a.

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent properties. Suitable landscaping shall be provided on the site in all areas not required for pedestrian or vehicular traffic movement to enhance and make the premises acceptable and attractive to the surrounding area. Suitable separation shall be made between the pedestrian sidewalk and the vehicular moving area by means of a landscaped barrier to vehicular movement.

b.

Submission of evidence that the proposed development's, noise, trash management, and other operations will not unduly disturb nearby residents.

c.

Submission of a lighting plan that includes suitable illumination arranged as to reflect the light away from adjoining property;

d.

Hours of operation, which may be modified by the zoning board or planning board, shall be compatible with neighboring residential uses.

e.

All buildings shall not be less than 30 feet from the lot line fronting the street.

f.

Pumps and other facilities shall be set back not less than 15 feet from the lot line fronting the street.

g.

Where any filling station adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational, or religious purposes, a wall or fence of solid appearance or tight evergreen hedge shall be erected to a height of not less than 5½ feet. Such fence shall be maintained in a neat and attractive manner.

h.

The filling station building shall be located not less than 50 feet from any residential building.

(3)

Protection of environmental resources as evidenced by:

a.

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties.

b.

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties. Surfaces that are subject to automobile traffic shall be paved with a durable surface.

c.

Submission of evidence that fuel will be properly stored, managed and delivered, and will not lead to negative effects on surface or groundwater resources, air quality, or other environmental factors. The applicant shall provide evidence of spill prevention measures, spill planning, leak prevention and ongoing safety inspections.

(4)

Protection of public safety as evidenced by:

a.

Submission of evidence of the proposal's conformance with relevant fire, building, health codes and other relevant state and federal requirements, as well as other relevant public safety factors.

b.

The filling station premises shall be located not less than 200 feet from the premises or any park, playground or other public recreational facility, school or municipal building, church or other place of worship, religious or educational institution, cultural center, cemetery or hospital.

c.

The filling station property shall be separated from the streetline by a curb at least six inches high. The location and extent of curb cuts shall be subject to the approval of the city traffic engineer or the state traffic engineer in accordance with their respective jurisdictions.

(Ch. 914, § I(Att.), 12-19-23)

(a)

Notwithstanding any other provisions of this chapter, the following regulations shall apply to all nursing homes, rest homes and homes for the aged:

(1)

The maximum percent of coverage of all buildings and structures shall not exceed 30 percent of the lot or premises.

(2)

Every room used for sleeping purposes shall contain at least 100 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least an additional 60 square feet of floor space for each additional occupant thereof.

(3)

Landscaping and architectural treatment shall be in harmony with the surrounding residential development. The building and grounds shall be maintained so as to enhance the appearance of the premises.

(4)

Provisions for outdoor passive recreation shall be provided in the form of paved walks and patios and shall include benches and similar facilities. Area devoted to passive recreation shall equal at least ten percent of the lot or premises.

(b)

Special use permit criteria. In cases where nursing homes, rest homes and homes for the aged are allowable by special use permit in a district, the following criteria shall apply:

(1)

Compatibility with the neighboring transportation network as evidenced by:

a.

Submission of a traffic impact study analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

1.

Analyses of roadways which may be influenced by the project; including adjacent roads and major intersections;

2.

Safety (accident data, sight distance, roadway conditions, etc.)

3.

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

4.

Existing volumes (traffic counting);

5.

Site-generated and future traffic;

6.

Planned transportation improvements, if any.

(2)

Compatibility with neighboring residential land uses as evidenced by:

a.

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties.

b.

Submission of evidence that the proposed development's loading, trash management, and other operations will not unduly disturb nearby residents.

c.

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that development will not have a negative effect on adjacent properties or natural resources.

d.

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that the development will not have a negative effect on adjacent properties or natural resources.

(3)

Safety of the development's residents as evidenced by the proposal's conformance with relevant fire code, building code and health code requirements, conformance to other dimensional requirements listed in this section, as well as other relevant public safety factors.

(Rev. Ords. 1987, § 19-201; Ch. 914, § I(Att.), 12-19-23)

(a)

Description. This section authorizes the installation of accessory family dwelling units in [an] owner-occupied, single-family house that shall be permitted as a reasonable accommodation only for a family member(s) with disabilities as allowed by G.L. 1956, § 45-24-37 and this chapter. The purpose of this section is to permit families to care for their family member(s) with a disability or disabilities at home if possible.

(b)

General requirements and standards.

(1)

Only an owner, who is also an occupant, of a single-family dwelling may apply for, and maintain, an accessory family dwelling unit.

(2)

Only one accessory family dwelling unit shall be created on a lot.

(3)

The accessory family dwelling unit shall be located within or attached to the principal single-family owner-occupied dwelling.

(4)

The design and size of the accessory family dwelling unit shall conform to all applicable standards, including health regulations, building code requirements, and all other federal, state and local laws, rules and regulations, including the provisions of this chapter.

(5)

The utilities for both the principal unit and the accessory family dwelling unit shall be common to both (i.e., one electric service, one gas service, one oil tank, one water connection, and one sewer hook-up for the structure).

(6)

The owners of the residence in which the accessory family dwelling unit is created shall occupy one of the dwelling units, except for bona fide temporary absences not exceeding 90 consecutive days or 180 days in any single year. The owner shall be responsible for documenting the period of said absence (the commencement and ending of said absence) and providing this in writing to the zoning officer.

(7)

The accessory family dwelling unit shall be designed so that the appearance of the structure remains that of a one-family residence and the accessory family dwelling unit shall remain subordinate to the principal residence. There shall be an internal means of egress between the principal unit and the accessory family dwelling unit. If possible, no exterior entrances should be added. If additional exterior entrances are required, they shall be located to the rear or side of the structure and shall be as unobtrusive as possible. Exterior staircases shall be covered or enclosed.

(8)

One additional off-street parking space shall be provided for the accessory family dwelling unit in addition to those required for residents of the principal dwelling unit and as otherwise required by section 19-284 et seq., and it shall be provided on the premises.

(9)

Cessation of use. Once the family member or members with disability no longer resides in the premises on a permanent basis, or the title to the real property is transferred, the property owner shall notify the zoning official in writing, and the accessory family dwelling unit shall no longer be permitted nor shall it be marketed as an accessory family dwelling unit, unless there is a subsequent, valid application for such a unit as allowed by G.L. 1956, § 45-24-37 and this chapter. The applicant shall discharge the declaration of an accessory family dwelling unit recorded in the city's land evidence records at their expense and provide documentation of same to the zoning officer.

(c)

Submission requirements.

(1)

Submit original completed application form to the zoning officer and five additional copies. Said application will be a sworn and notarized declaration from the owner stating:

a.

That the owner of the property will continue to occupy one of the dwelling units on a year-round basis, except for bona fide temporary absence(s);

b.

Shall acknowledge that the right to use the accessory family dwelling unit terminates upon transfer of the title unless the accessory family dwelling unit is reapplied for; and

c.

Shall identify the name of family member(s) who will occupy the accessory family dwelling unit.

(2)

Submit original completed declaration form to the zoning officer and five additional copies.

(3)

Submit original scaled floor plans for the entire structure which shall show the dimensions and description of all the rooms in the structure and a detailed floor plan, drawn at a scale of one-fourth [inch] to the foot, showing the floor(s) where the changes are proposed. Said plans shall show the floor plans for both units and the means of connection between the two units, and shall also show means of ingress and egress.

(4)

Submit graphic depiction of the elevations of the structure being affected by the change.

(5)

A site plan drawn to scale, showing structures, landscaping, and driveway/parking area. One additional off-street parking space shall be provided for the AFDU in addition to those required for residents of the principal dwelling unit and as otherwise required by section 19-284 et seq., and it shall be provided on the premises and shall be shown on the certified site plan.

(6)

Submit certified floor plan(s) illustrating conversion back to a single-family residential unit upon "cessation of use". The referenced plan(s) must illustrate the manner in which the improvements associated with the "accessory family dwelling unit" will be altered, once again reflecting a single-family dwelling.

(7)

A copy of the property assessor's information.

(8)

Application fee of $250.00 payable by check to the City of East Providence.

(9)

Obtain a finance department report as to taxes on the property (they must be up-to-date).

(d)

Review and referral. The zoning officer shall refer applications for accessory family dwelling units to the director of planning, director of public works, building official, and fire chief for review and comments. The application shall be reviewed for conformance to the general requirements and standards.

(e)

Recording, posting, inspection. The applicant shall submit a declaration of the creation of the accessory family dwelling unit including the name for the family member(s) occupying said unit and the restrictions associated with said unit which shall be recorded in the city's land evidence records at the cost of the applicant. No occupancy of the accessory family dwelling unit shall take place without an occupancy permit that has been reviewed and approved by the zoning officer prior to its issuance. The accessory family dwelling unit shall be open for inspection upon request of the city as least one time annually for conformance with requirements and restrictions.

(f)

Failure to comply. Failure to comply with any of the provisions of this section is considered a violation of this chapter and will be subject to enforcement and prosecution in accordance with City Charter and ordinances. In the event the owner does not cure such defects within 30 calendar days following the date of such notice, the building official shall immediately revoke any certificates of occupancy or building permits and shall cite the property for a violation of this chapter. The revocation of any such accessory family dwelling unit permits for a family member(s) with disability made by the city shall be recorded in the city's land evidence records by the city.

(Ch. 506, § VII, 7-20-10)

Notwithstanding any other provisions of this chapter, the regulations in this division shall apply to all multifamily structures.

(Rev. Ords. 1987, § 19-216)

In any multifamily structure the minimum front, side and rear setbacks shall be increased by five feet for each full floor level in the structure over the first two floor levels.

(Rev. Ords. 1987, § 19-217; Ch. 867, § VI, 12-20-22)

The following tables are the schedules for multifamily dwellings usable lot area as defined in section 19-1.

(Rev. Ords. 1987, § 19-218; Ch. 867, § VII, 12-20-22)

(a)

Amusement game centers, as defined in section 19-1, shall be located only in the C-3, C-4 and C-5 districts, subject to compliance with the regulations of this section.

(b)

No amusement game center shall be located within 500 feet of the property boundary of any public or nonprofit school, church, other place of worship, religious institution, or public recreation area; within a 200-foot radius of a residentially zoned area; and not within 2,500 feet of each other.

(c)

Each machine in an amusement game center shall meet all licensing requirements of the city, and any other ordinance provisions of the city that may be applicable.

(d)

Amusement game centers shall be physically separated and isolated from a business establishment of another character whenever located as part of another business establishment.

(Rev. Ords. 1987, § 19-231; Ch. 914, § I(Att.), 12-19-23)

Any person seeking to develop a hazardous waste management facility in a neighboring community shall file with the city clerk ten copies of all original application documents submitted to, and siting agreements made with the state department of environmental management and the neighboring community including applications and agreements made in variance of the original permit and agreements.

(Rev. Ords. 1987, § 19-250; Ch. 146, § XI, 10-23-00)

(a)

In conformance with the requirements of section 19-56, trash storage areas, including provision for dumpsters where applicable, shall be required for the following uses or categories of uses as set forth in section 19-98:

(1)

Multifamily dwelling.

(2)

Tourist home or lodginghouse.

(3)

Motel, motor inn or hotel.

(4)

Nonprofit club; civic, social or fraternal.

(5)

Hospital, sanitarium, clinic, nursing home.

(6)

Retail business.

(7)

Wholesale business.

(8)

Service business.

(9)

Office uses.

(10)

Commercial recreation.

(11)

Transportation.

(12)

Industrial.

(13)

Trailer courts.

(14)

Gasoline filling stations.

This requirement may be waived by the city zoning officer where the applicant for a permit demonstrates that no outdoor trash disposal area will exist on the premises.

(b)

Trash storage area, including dumpsters, shall meet the following requirements:

(1)

Shall not be located within the required front yard;

(2)

May be located in the required side or rear yards but not less than five feet from the property line and enclosed by a stockade fence or similar screening structure at least six feet in height. The trash storage area shall be obscured from the view of the adjacent property and from the street;

(3)

Shall be maintained by the property owner in compliance with sections 4-161 and 4-330;

(4)

Shall not interfere with off-street parking and loading areas or requirements including safe vehicular and pedestrian movement;

(5)

Shall not cause a public nuisance.

(6)

Trash storage areas shall not be located between the public-right-of-way, or public rights-of-way in the case of a corner lot or parcels with more than one public street frontage, and the principal use which it serves.

(Rev. Ords. 1987, § 19-261; Ch. 198, § VI, 2-19-02; Ch. 642, § VIII, 3-15-16)

In any district where permitted, no use of premises shall be authorized or extended, no land shall be used or occupied and no building or structure shall be erected, altered, used or enlarged unless there is provided for such use, extension, erection, alteration or enlargement off-street automobile parking spaces as required in this division. Any building or use of premises existing at the time of the adoption of this chapter with parking space that does not meet the requirements of this chapter will not be required to do so, provided that any enlargement, extension or alteration of the building or use of the premises shall provide off-street parking space as required in this division. Such off-street parking space may be provided in the open or under cover.

(Rev. Ords. 1987, § 19-276)

The off-street parking spaces associated with permitted uses as provided for and required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the parking requirements of such associated permitted uses occurs to permit a corresponding change in the size of the required off-street parking area.

(Rev. Ords. 1987, § 19-277)

Each off-street parking space required by this chapter shall have vehicular access to a street and shall be on the same lot or premises as the building, structure or use it is intended to serve, on a lot adjoining the premises or on a lot directly across an adjoining street from the premises. When practical difficulties as determined by the zoning board of review prevent the location of off-street parking space as required in this division, such space shall be located within 400 feet of the premises. In such instances, appropriate deed restrictions and/or easements shall be placed in the land evidence records for both the property on which the use is located and the property on which the parking is located. Such legal documents shall be subject to the review and approval of the city solicitor. Notwithstanding any other provisions of this chapter, off-street parking for commercial or industrial uses as required in this section shall not be permitted in any residential or open space zone.

(Rev. Ords. 1987, § 19-278; Ch. 146, § XIII, 10-23-00)

(a)

Joint use. Nothing in this chapter shall be construed to prevent the joint use of off-street parking space for two or more buildings, structures or uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

(b)

Shared use. No part of an off-street parking space required for any building, structure or use for the purpose of complying with the provisions of this chapter shall be included as part of an off-street parking space similarly required for another building, structure or use unless the type of use indicates that the peak period of usage of such buildings, structures or uses will not be simultaneously with each other as determined by the zoning officer. Applicants requesting use of shared parking under this sub-section (b) shall submit documentation in narrative form, and graphically depicted on a development plan, the specifics of the request and justification for the shared parking arrangement, which shall be reviewed and approved by the director of planning in consultation with the zoning officer, or by the development review committee, or planning board depending upon the scale of the development. All properties utilizing shared parking under this sub-section (b) shall have notice of such restriction recorded in the land evidence records of the city at the cost of the applicant.

(Rev. Ords. 1987, § 19-279; Ch. 146, § XIII, 10-23-00; Ch. 453, § IX, 7-15-08)

In the case of mixed uses on a premises, the total requirements for off-street parking space shall be the sum of the requirements of the various uses computed separately as hereinafter required, and the off-street parking space for one use shall not be considered as providing the required off-street parking space for any other use.

(Rev. Ords. 1987, § 19-280; Ch. 146, § XIII, 10-23-00)

(a)

When the schedule requires the on-site number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift (most employees). It shall mean the total number of employees on the site who will use the site for parking at any one time.

(b)

A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling. Parking spaces may be stacked or in tandem, for no more than two cars deep, one and two-family dwellings only. Parking in the front yard setback shall not exceed one-third of the overall lot width.

(c)

Industrial uses. Where it can be demonstrated, to the satisfaction of the zoning officer and/or the planning board or the department of planning and urban development, that employment projections indicate less parking would be needed than that required by section 19-284 and adequate land is available should future use(s) warrant additional parking, then fewer parking spaces will be allowed.

(d)

If a use is not specifically listed in the off-street parking schedule, the requirements shall be the same as for the most similar use listed as determined by the zoning officer in consultation with the department of planning and urban development referencing the Institute of Traffic Engineers Parking Generation Report.

(Rev. Ords. 1987, § 19-281; Ch. 146, § XIII, 10-23-00; Ch. 642, § IX, 3-15-16)

(a)

Minimum size. Each parking space shall contain an area of not less than 162 square feet for the parking of one vehicle, exclusive of necessary drives or aisles. In allocating space for off-street parking, each parking space shall measure no less than nine feet by 18 feet. Minimum aisle widths shall be as follows:

(b)

Individual parking spaces shall be clearly defined, and permanently marked and maintained on the parking surface with painted lines, or other means acceptable to the zoning officer, and directional arrows and traffic signs shall be provided as necessary for traffic control. A driveway may be considered a required parking space only for detached one- and two-family dwellings and need not contain painted lines.

(c)

Pervious parking surfaces shall be allowed in environmentally sensitive areas, subject to the approval of the zoning officer, in consultation with the director of planning and the city engineer/deputy director of public works.

(Rev. Ords. 1987, § 19-282; Ch. 146, § XIII, 10-23-00; Ch. 642, § X, 3-15-16)

(a)

The following requirements establish minimum acceptable standards for alleviating the visual and environmental effects associated with parking facilities. The application of these standards will serve to improve the compatibility and attractiveness of such facilities, provide relief from un-shaded paved areas, and minimize noise and glare from lights associated with off-street parking facilities. In addition, these requirements will improve pedestrian safety, and optimize traffic circulation patterns with better-defined space. For those developments subject to the development plan review provisions of article VIII of this chapter, additional landscaping requirements apply.

(b)

Plans. For the purpose of converting spaces into the required parking area, plans for parking areas containing five vehicles or more shall be submitted to the zoning officer to show how the required parking space shall be arranged in the area supplied for such purposes and to indicate sufficient space for parking maneuvers as well as adequate ingress and egress to the parking area.

(1)

Such plan(s) shall be prepared at a reasonable scale and shall show: property lines; building location(s) and use; the dimensions and lot area of the property; the size and arrangement of all parking and any required loading spaces; the means of ingress and egress to such parking and loading spaces from the street system and interior circulation with the property; the location and design of required landscaping; the area of the parcel available for winter snow storage (this shall not be within the public right-of-way and shall not damage required landscaped buffering); the extent of any change required in existing site conditions to provide required parking and loading spaces; and such other conditions as may be necessary to permit review and approval of the proposed parking and any required loading spaces.

(2)

Such plan(s) may be referred to other agencies and city departments as may be necessary to review the proposed parking area.

(c)

Construction standards. Every parcel of land which after the effective date of the ordinance from which this chapter was derived is changed to a parking area for five vehicles or more, shall be developed as follows, subject to the review and approval of the required plans by the city engineer/deputy director of public works and subject to the approval of the zoning officer and building official:

(1)

Such area where subject to wheeled traffic shall be paved, drained, lighted and arranged and marked for convenient access and safety of pedestrians and vehicles;

(2)

Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjoining premises and streets;

(3)

Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper or wheel guards or traffic islands;

(4)

Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a curb at least six inches high;

(5)

The location and extent of the appropriate curb cuts shall be determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer, and wherever state jurisdiction exists, all curb cuts shall be subject to the approval of the state department of transportation as evidenced by submission of an approved physical alteration permit. In order to minimize vehicular conflicts, curb cuts shall be placed at the maximum feasible distance from intersections or from curb cuts for adjacent properties. Except where peculiar site or safety conditions warrant, only one curb cut shall be permitted for each development. Where a lot has more than one street frontage, all curb cuts for multi-family, commercial, or industrial uses shall be located on the primary (arterial or collector) street. This condition may be waived only, if in the determination of the city engineer/deputy director of public works, particular site or safety conditions so warrant.

(6)

A plan that identifies changes in drainage associated with the construction of paved parking areas, and the method(s) proposed to address site drainage, shall be submitted and subject to the review and approval of the city engineer/deputy director of public works in accordance with city standards and requirements.

(d)

Commercial or industrial areas. Where any parking area containing five parking spaces or more and located in a commercial or industrial district adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a five-foot wide landscaped strip containing a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the parking area and the residential district or residential, educational, recreational or religious premises, subject to the approval of the zoning officer.

(e)

Residential areas. Where any parking area containing five parking spaces or more and located in a residential district adjoins or abuts a lot or premises used for residential purposes, a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet shall be erected and maintained in a neat and attractive manner between the parking area and the lot or premises, subject to the approval of the zoning officer.

(f)

Landscaping. Any parking area established, expanded, or required to be altered because of building alteration or reuse of premises, after the effective date of the ordinance from which this chapter was derived, shall provide a minimum five foot wide planting strip between the parking area and the street. The planting strip may be interrupted to allow for entrances and exits, but in no portion may the planting strip be less than ten feet in length. The planting strip shall be planted with trees, shrubs, plants or other live vegetation. Such other landscaping treatment as hereinbefore required and practicable to enhance the premises and make the parking area acceptable and attractive to the adjoining neighborhood shall be provided, subject to the approval of the zoning officer.

(g)

Maintenance. Any parking space or area shall be kept by the owner in a neat and attractive manner in accordance with specifications and ordinances of the city. The owner shall be responsible for maintenance of landscaping, including the removal and replacement of all dead or diseased plantings. The parking area shall be plowed and/or sanded within 24 hours after the end of any snow or sleet storm.

(Rev. Ords. 1987, § 19-283; Ch. 53, § VI, 2-3-99; Ch. 146, § XIII, 10-23-00)

(a)

In calculating the total number of required spaces, all numbers should be rounded off to the nearest whole number. As required in section 19-283, for the purpose of creating parking spaces into a required parking area, plans for parking areas containing five vehicles or more shall be submitted to the zoning officer to show how the required parking spaces shall be arranged in the lot area supplied for such purposes and to indicate sufficient space for parking maneuvers as well as adequate ingress and egress to the parking area. The following numbers or amounts of off-street parking space or area shall be required for the listed uses in this section according to the following schedule:

(b)

For the calculation of off-street parking space for proposed development or re-development under the provisions of the Main Street and Neighborhood Center Overlay District, refer to subsection 19-322(d).

(c)

In addition to the hereinabove required off-street parking spaces, adequate provisions shall be made for the off-street parking of all company-owned vehicles operating out of the premises, as determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer.

(d)

The number, size, location and identification of handicapped spaces shall comply with the standards of title III of the American with Disabilities Act (ADA), and as otherwise required by applicable law.

(e)

No part of any required non-residential parking area shall be used for dead storage, automotive repair work, or dismantling of any kind.

(f)

For certain critical areas of concern as identified in the city's comprehensive community plan (1992), namely the Turner Reservoir/Central Pond critical area and the Runnins River critical area, the city may prohibit the provision of off-street parking spaces that are in excess of the number of spaces required under this ordinance.

(g)

Outdoor dining.

(1)

Up to 50 percent of a restaurant and/or fast food restaurant's required non-handicap, on-site parking spaces may be used for outdoor dining, up to a maximum of four required spaces. Additional parking spaces may be utilized for outdoor dining if they conform to all applicable parking and other requirements. See section 19-360.4.

(Rev. Ords. 1987, § 19-284; Ch. 457, § VII, 10-7-97; Ch. 146, § XIII, 10-23-00; Ch. 154, § II, 1-16-01; Ch. 216, § III, 6-18-02; Ch. 470A, § VII, 10-7-08; Ch. 642, § XI, 3-15-16; Ch. 867, § X, 12-20-22; Ch. 914, § I(Att.), 12-19-23; Ch. 919, § II, 5-7-24)

In order to avoid undue interference with the public use of the street, adequate space for the standing, loading and unloading of delivery vehicles shall be provided and maintained. No land or premises shall be used or occupied and no buildings or structures shall be erected or used unless off-street loading space as required by this chapter is provided. Such off-street space is not required for any building, structure or use of premises existing on the effective date of the ordinance from which this chapter was derived with off-street loading spaces that do not meet the requirements of this chapter; provided however that off-street loading space as required by this chapter shall be provided for by any enlargement, extension or alteration to any such existing structure or use.

(Rev. Ords. 1987, § 19-285)

Off-street spaces with permitted uses as required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the off-street loading requirements of such associated permitted uses occurs to permit a corresponding change in the number of off-street loading spaces.

(Rev. Ords. 1987, § 19-286)

Nothing in this chapter shall be construed to prevent the joint use of off-street loading space for two or more buildings, structures or uses on the same or contiguous premises if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

(Rev. Ords. 1987, § 19-287)

The off-street loading spaces required by this chapter shall be in all cases on the same premises as the use, building or structure they are intended to serve and shall have vehicular access to a street. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements of this chapter. The use of such off-street loading space shall not hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.

(Rev. Ords. 1987, § 19-288)

(a)

For each club of any type, commercial educational institution, commercial recreation, cultural center, educational institution, motel, hotel or motor inn, hospital or sanitarium, office, place of public assembly, elementary, junior or high school or other similar use not provided for in this division, off-street loading and unloading space of at least 480 square feet in area with a minimum width of 12 feet, a minimum length of 40 feet and, where covered, a minimum overhead clearance of 14 feet shall be provided according to the following schedule:

(b)

For each business, commercial, manufacturing or industrial enterprise of over 1,000 square feet but less than 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 300 square feet in area shall be provided.

(c)

For each business, commercial, manufacturing or industrial enterprise of over 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 770 square feet in area with a minimum width of 14 feet, minimum length of 55 feet and, where covered, a minimum overhead clearance of 15 feet shall be provided according to the following schedule:

(Rev. Ords. 1987, § 19-289)

(a)

Plans. Detailed plans shall be submitted to the zoning officer to show how the off-street loading space shall be arranged and to indicate sufficient space for maneuvering as well as adequate ingress and egress to and from the street, subject to review of the city traffic engineer, before any permits are issued or approved by the zoning officer.

(b)

Construction. Off-street loading space and access drives shall be paved, drained and lighted and shall have appropriate bumper or wheel guards where needed, and any light used for illumination shall be so arranged as to reflect the light away from adjoining premises and streets. Where any off-street loading space adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the off-street loading space and the residential district or residential, educational or religious premises, subject to the approval of the zoning officer, provided that when the provisions of this division are in the judgment of the zoning officer impossible or impractical of performance, they may be waived by the zoning officer at his discretion.

(Rev. Ords. 1987, § 19-290)

Any development or construction, whether residential, commercial or industrial, requiring 50 or more parking spaces, must obtain land development project approval subject to article V of this chapter.

(Rev. Ords. 1987, § 19-291)

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

(Ch. 580, § I, 8-20-13; Ch. 628, § I, 9-15-15)

(a)

[Floodplain overlay district established.] The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the City of East Providence designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Providence County FIRM that are wholly or partially within the City of East Providence are panel numbers 44007C337G, and 44007C339G dated March 2, 2009; 44007C317J, 44007C336H, 44007C338H, and 44007C451H dated September 18, 2013; and 44007C309K, 44007C326J, 44007C327H, 44007C328J and 44007C329H dated October 2, 2015. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The office of emergency management is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Emergency Management Agency and the department of public works engineering division.

(b)

Disclaimer of responsibility. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

(c)

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

(d)

Other development. For the purposes of this section, "other development" shall be defined as any action exclusive of that which requires the issuance of a building permit under the Rhode Island State Building Code. Such other development shall include, but not necessarily be limited to, the following:

(1)

Earth, gravel or mineral removal or extraction.

(2)

Alteration of the topography by cutting, filling or grading.

(3)

Storage of bulk materials outside of a structure.

(4)

Construction or placement of facilities or improvements not normally requiring a building permit.

(e)

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

(Ch. 580, § I, 8-20-13; Ch. 628, § II, 9-15-15)

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

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

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

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

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

Basement: Any area of a building having its floor subgrade (below ground level) on all sides.

Building: See definition for "Structure".

Coastal A Zone: Area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

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

Development: Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

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

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

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

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

Flood insurance rate map (FIRM): The official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

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

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

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

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

Functionally dependent use or facility: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

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

Historic structure: Any structure that is:

(a)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

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

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

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 60.3 [sic].

Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

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

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

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

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

Recreational vehicle: A vehicle which is:

(a)

Built on a single chassis;

(b)

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

(c)

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

(d)

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

Regulatory floodway: See definition for "floodway".

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

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

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

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

For insurance purposes, means:

(1)

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

(2)

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

(3)

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

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

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

Substantial improvement: Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

(1)

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

(2)

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

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

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

(Ch. 580, § I, 8-20-13; Ch. 628, § III, 9-15-15; Ch. 914, § I(Att.), 12-19-23)

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

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

(Ch. 580, § I, 8-20-13)

A permit fee (based on the cost of the construction) may be required to be paid to the City of East Providence and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the permitting authority and/or board of appeals need the assistance of a professional engineer.

(Ch. 580, § I, 8-20-13; Ch. 914, § I(Att.), 12-19-23)

(a)

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

• Adjacent communities

• Bordering states (optional)

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

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

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

(b)

The building official or his/her designee shall maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.

(Ch. 580, § I, 8-20-13)

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

• Rhode Island State Building Code (as established under G.L. 1956, ch. 23-27.3)

• Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (G.L. 1956, ch. 46-23)

• Endangered Species Act, Rhode Island Department of Environmental Management (G.L. 1956, § 20-1-2)

• Freshwater Wetlands Act, Rhode Island Department of Environmental Management (G.L. 1956, § 2-1-18)

• Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (G.L. 1956, chs., 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)

• Water Quality Regulations, Rhode Island Department of Environmental Management (G.L. 1956, chs. 42-17.1 and 42-17.6 and 46-12)

• Revised Ordinances of the City of East Providence

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

(Ch. 580, § I, 8-20-13)

(a)

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

(1)

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

(2)

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

(3)

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

(b)

[Subdivision proposal requirements.] All subdivision proposals must be designed to assure that:

(1)

Such proposals minimize flood damage;

(2)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards.

(c)

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

(1)

The structure has a value less than $1,000.00.

(2)

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

(3)

The structure is not in the floodway.

(4)

The structure is not used for storage of hazardous materials.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(d)

[Contour intervals.] Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

(e)

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

(f)

The space below the lowest floor [must be]:

(1)

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

(2)

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

(3)

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

(Ch. 580, § I, 8-20-13)

(a)

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

(b)

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

(c)

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

(Ch. 580, § I, 8-20-13)

(a)

The building official shall enforce all provisions as applicable in reference to G.L. 1956, § 23-27.3-108.1.

(b)

Every person who shall violate any provision of this code shall be subject to penalties put forth in G.L. 1956, § 23-27.3-122.3.

(Ch. 580, § I, 8-20-13)

(a)

Description and purpose. The purpose of this section is to establish sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas. Where honey bees are of benefit to mankind, by providing agriculture, fruit and garden pollination services, and by furnishing honey, wax and other useful products, and gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are property located and carefully managed and maintained, the city allows such use as an accessory use in all zoning districts only when in accordance with this section and only when in compliance with all applicable rules and regulations of the city and state. Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such a disposition as to cause a public nuisance, and/or so as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.

(b)

[State regulation and registration.] Section 4-12-1 et seq. of the Rhode Island General Laws regulates apiculture and G.L. 1956, § 4-12-12 requires that all apiaries in the state are registered with the director of the Department of Environmental Management.

(c)

[Definitions.] As used in this section, the following words and terms shall have the meanings ascribed in G.L. 1956, Chapter 4-12-2, Definitions, unless the context clearly requires otherwise:

(1)

Abandoned colony or apiary means any colony or apiary which is not currently registered and has not been registered within the preceding two years and/or which the state inspector is unable to locate the owner and is unable to inspect due to conditions within the colony which render the colony or apiary uninspectable. Apiary means the assembly of one or more colonies of bees at a single location.

(2)

Apiary means any place or location where one or more colonies or nuclei of honeybees are kept.

(3)

Authorized official means the state official authorized to inspect apiaries in the state of origin of the bees being transported into or through the state.

(4)

Beekeeper means any individual, person, firm, association or corporation owning, possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts, or for the pollination of crops for either personal or commercial use.

(5)

Beekeeping equipment means all hives, hive bodies, supers, frames, combs, bottom boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices or boxes or other containers which may have been used in the capturing or holding of swarms, and including honey which may be or have been used in or on any hive, colony, nuclei or used in the rearing or manipulation of bees or their brood.

(6)

Bees means any stage of the common honey bee (Apis mellifera) at any stage of its life kept for the production of honey, wax, or pollination, excluding the African honeybee (Apis mellifera scutellata) and any hybrids.

(7)

Colony means the bees inhabiting a single hive, nuclei boc or dwelling place.

(8)

Director means the director of the Rhode Island Department of Environmental Management.

(9)

Disease means American foulbrood and other infections, contagious or communicable disease affecting bees or their brood.

(10)

Eradicate means the destruction and or disinfection of infected and/or infested bees, equipment and/or pests by burning or by treatment approved by the state inspector.

(11)

Feral colony means an unowned or unmanaged colony of bees existing naturally.

(12)

Hive means any manmade domicile with removable frames for keeping bees.

(13)

Inspector means a person appointed by the director of the Department of Environmental Management to check for diseased conditions or pest infestations in one or more apiaries as authorized by law.

(14)

Pests means the honey bee tracheal mite, Acrapis woodi, and the Varroa mite, Varroa jacobsoni, and other arthropod pests detrimental to honey bees; and genetic strains of the Africanized bee subspecies, Apis melliflora adansoni and/or Apis mellifera scutellata.

(15)

Swarms means a natural division of a colony in the process of becoming a feral colony.

(d)

Standards and requirements.

(1)

Registration. As required by Rhode Island State Law, all honey bee colonies shall be registered annually with the Rhode Island Department of Environmental Management, Division of Agriculture, in compliance with their rules and regulations, and a copy of said registration shall be submitted annually to the city's zoning officer and animal control officer.

(2)

Beekeeping equipment. Bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.

(3)

Colony densities. It is unlawful to keep more than the following number of colonies on any lot of land within the city, based upon the size and/or configuration of the lot on which the apiary is located. All setbacks and other regulations shall be met.

a.

A lot of a minimum of 7,000 square feet: One hive.

b.

A lot of minimum of 7,000 square feet but 10,000 square feet or less: Two hives.

c.

A lot of at least one-half acre (21,768 square feet) but less than one acre (43,560 square feet): Four hives.

d.

One acre or larger lot size: Eight hives

e.

Regardless of tract size, where all hives are situated at least 200 feet in any direction from all property lines on which the apiary is situated, there shall be no limit to the number of colonies.

(4)

Hive placement. Hives shall be located in a side or rear yard only and shall be set back a minimum of ten feet from any adjoining property line. Hives shall be kept as far away as possible from roads, sidewalks, and rights-of-way. Hives shall be placed on a lot so that general flight patterns avoid contact with humans and domestic animals.

(5)

[Commercial or industrial building hives.] Commercial or industrial building rooftop hives or garage roof-mounted hives shall meet all applicable building codes and standards and shall apply for and receive a building permit prior to commencement of work.

(6)

Water source. Each beekeeper shall ensure that a convenient source of water is available to all bees at all times during the year on the lot on which the hive(s) is located so that the bees will not congregate at swimming pools, faucets, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact.

(7)

Queens. All colonies shall be maintained with marked queens. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly requeen the colony with another marked queen. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

(8)

Flyway Zone. In each instance in which any colony is situated within ten feet of a developed public or private property line on the lot upon which the apiary is situated, as measured from the nearest point of the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall or fence parallel to the property line and extending five feet beyond the hive in each direction so that all bees upon leaving the hive are forced to fly at an elevation of at least six feet above ground level over the flyway structure.

(9)

General maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(10)

Prohibited. The keeping by any person of honeybee colonies in the city not in strict compliance with this chapter is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony not residing in a standard or homemade hive structure which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the city by the mayor or designee. Unless such bees present an imminent threat to public safety, the Department of Environmental Management, Division of Agriculture, and the city's animal control officer shall first be contacted to assess the possibility of collecting and relocating the bees by a person or company possessing the means to safely remove said bees.

(Ch. 506, § VIII, 7-20-10; Ch. 877, § I, 6-6-23)

No one shall engage in apiculture without first obtaining a zoning certificate as provided for in this section. A certificate of zoning shall not be issued until the applicant submits proof of registration of the apiary with the Rhode Island Department of Environmental Management, Division of Agriculture.

(1)

Information required. Applicants seeking to engage in apiculture must provide the following on the site plan and/or in accompanying documentation in conjunction with an application for a zoning certificate:

a.

A copy of a current, valid apiary registration application to the Rhode Island Department of Environmental Management, Division of Agriculture, and proof that they have also notified and/or provided the city's animal control officer with a copy of said registration application.

b.

Property owner name and address, assessors map block and parcel and existing structures on the lot.

c.

Location of hive(s) showing setbacks; location of roads, sidewalks and rights-of-way in relation to the location of the hive(s).

d.

Location of and manner of fencing of flyways, if required under section 19-317(b)(8) [19-316(d)(8)].

e.

Location of required water source.

f.

Any other relevant information related to the operation of the apiary, if requested by the zoning officer.

g.

If the hive(s) shall be located on a rooftop, the applicant shall also apply for a building permit and provide all information required for such by the building official.

(2)

Operation. It shall be presumed for purposes of this section that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the lot upon which a hive or hives are situated. The certificate of zoning authorizing such use shall be recorded in the city's land evidence records at the expense of the applicant. This shall not be changed but by a written agreement authorizing another person to maintain the colony or colonies upon the lot setting forth the name, address, and telephone number of the other person who is acting as the beekeeper, which is reviewed for a certificate of zoning and which shall then be recorded in the city's land evidence records at the expense of the applicant.

(Ch. 506, § VIII, 7-20-10)

(a)

General requirements. General requirements for trailer courts shall be as follows:

(1)

Trailer courts shall be located only in those districts as allowed in section 19-98.

(2)

No trailer shall be located and no trailer court shall be established or operated until all permits and fees as required by this chapter and other ordinances and requirements of the city have been complied with.

(3)

Any individual trailer hereafter located and used for living purposes in the city shall be located in a trailer court. Storage of a single camping or travel trailer by a resident owner thereof may be allowed on a premises, provided that such storage shall be restricted to the rear yard of such premises.

(4)

Any trailer used for living purposes failing to meet the requirements of chapter 4, article III for housing and the minimum residential floor area requirements of this chapter shall not be allowed to remain in the city for more than ten days.

(b)

Specific requirements. Specific requirements for trailer courts shall be as follows:

(1)

Any applicant for a special use permit for a trailer court shall present detailed plans and specifications acceptable to the zoning officer and suitable for making determinations as required in this section as well as sections 19-5, 19-6, 19-36 through 19-41, 19-56, 19-57, 19-71 through 19-77, 19-173 through 19-175, 19-216 through 19-218, 19-231, 19-245 through 19-250, 19-261, 19-361 through 19-370 and 19-386 through 19-392.

(2)

The plans and specifications of the proposed court shall show its area, boundaries, locations of driveways, interior streets, sites for trailers, automobile parking, locations and kinds of all sanitary conveniences, methods of sewage and garbage disposal and plans for water supply and lighting.

(3)

Prior to the granting of an occupancy permit by the zoning officer, the state department of health shall inspect the trailer court and notify the zoning officer in writing if such premises comply with the regulations of the state department of health concerning the operation of such premises. Upon receiving such notice, the zoning officer may issue an occupancy permit to the applicant, provided that the applicant has satisfied all other requirements as contained in this division.

(4)

The trailer court shall be under the direct supervision of the holder of the permit who shall be responsible for its proper management. The holder of the permit shall require all persons residing in the court to register in a book kept for that purpose giving their name, age, place of permanent residence, marital status and the license number of their motor vehicle and trailer. Such registration book shall be available at all times to the police for inspection.

(5)

Each trailer court shall meet the following requirements as to improvements:

a.

Each trailer lot site shall be provided with suitable connections to:

1.

A potable water supply system;

2.

A sewage disposal system;

3.

An electrical distribution system.

b.

Whenever possible, these facilities shall be connected to the appropriate municipal facilities subject to the approval of the city engineer.

c.

Parking for residents and visitors shall be provided as required in section 19-276 et seq., except that the required parking spaces shall be located within 50 feet of the trailer lot site, notwithstanding any other provisions of this chapter.

d.

Interior streets, parking spaces and walkways shall be provided with a paved and durable surface. The paved widths shall be at least 20 feet for the interior streets and two feet for walkways.

e.

Suitable communal recreation areas shall be provided in the court.

f.

Where any trailer court adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge of not less than 5½ feet maintained in a neat and attractive manner between the trailer court and the residential district or residential, educational, recreational or religious premises, subject to the approval of the zoning officer, provided that when the provisions of this division are impossible or impractical of performance, they may be waived by the zoning officer at his discretion.

(6)

Each trailer court shall meet the following area requirements:

a.

The site shall contain at least five acres and shall have no more than a maximum residential density of 15 trailer lot sites per gross acre.

b.

Trailer lot sites shall have a width of at least 30 feet and of not less than 1,500 square feet, provided that trailer courts in existence on the effective date of the ordinance from which this chapter was derived which provide trailer lot sites having a width or area less than that prescribed in this subsection may continue to operate with sites of the existing width and area.

c.

Trailers shall be so harbored on each site that there shall be at least a 20-foot clearance between trailers, provided that with respect to trailers parked end to end, the end to end clearance shall not be less than 15 feet.

d.

Trailers shall not be located closer than 20 feet from any building in the court or from any property line bounding the court.

e.

Individual trailers shall conform to the requirements of subsection 19-306(2).

f.

Adequate drainage and access for a trailer hauler shall be provided for each trailer lot site.

g.

Use of pilings in areas subject to flooding according to section 19-306 shall conform with floodproofing requirements as provided in section 19-1.

(7)

No person shall operate a trailer court without first obtaining a license therefor from the city council as follows:

a.

Prior to the granting of an occupancy permit by the zoning officer, all applicants shall be required to file a petition for the issuance of a license with the city council.

b.

No license shall be issued until a public hearing on such issuance shall be held by the city council. Notice of such hearing shall be mailed postage prepaid by the city clerk not less than ten days prior to the date of such hearing to all property owners within 200 feet excluding streets and other public rights-of-way, of the perimeter of the property in question. Additional notice of such public hearing specifying the time and place shall be given by publication of such information in a newspaper of general circulation within the city at least once each week for three successive weeks prior to the date of the hearing.

c.

At the hearing an opportunity shall be given all persons interested to be heard upon the matter of such license.

d.

After such hearing as provided in this section, the city council deems such license to be in the interest of the welfare of the city.

e.

Every such petition to the city council shall be accompanied by ten copies of a map, accurately drawn, showing the actual shape, dimensions and area of the lot or premises in question and of abutting property within 100 feet excluding public rights-of-way, and such other information as may be necessary.

f.

Every such petition for city council action shall set forth the names and addresses of all property owners within a 200-foot radius from the perimeter of the land in question, excluding streets and other public rights-of-way, where applicable, as of 30 days prior to the date and time of filing. Such names and addresses shall be used by the city clerk to give notice by mail, as required in this division, to abutting property owners.

g.

Every petition so filed shall be accompanied by a filing fee of $50.00, payable to the city.

(Rev. Ords. 1987, § 19-321)

(a)

Application. The Main Street and Neighborhood Center Overlay Districts within the city shall include the following designated districts:

(1)

Taunton Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Taunton Avenue from the westerly side of its intersection with Walnut Street and going easterly on the southerly side of Taunton Avenue to its intersection with Carlton Avenue, and on the northerly side of Taunton Avenue to its intersection with Irving Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Taunton Avenue Overlay District may choose either to develop or redevelop subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2, C-3, and (Taunton Avenue) TA).

(2)

Waterman Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Waterman Avenue, commencing on the western terminus from its intersection with Massasoit Avenue and North Brow Street, proceeding easterly, and terminating at its intersection with Pawtucket Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Waterman Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2 and C-3).

(3)

Warren Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Warren Avenue, commencing on the western terminus of Warren Avenue from its intersection with Waterfront Drive, proceeding easterly, and terminating at its intersection with Boyd Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. § 45-24-31 (Overlay Districts). All properties located within the Warren Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3 and Bold Point Harbor (BPH).

(4)

Riverside Square Overlay District—All those parcels directly fronting on the easterly and westerly sides of Bullocks Point Avenue from parcel 13 of map 311, block 1 and commencing southerly to the intersection of Beach Road on the westerly side and Crescent View Avenue on the easterly side, and inclusive of parcel 6 of map 312 block 8, and with the exception of parcel 20 of map 312, block 12 (former Vamco site, as regulated under division 19 of zoning entitled Riverside Square Mixed Use/Downtown Overlay) and all parcels fronting on the easterly and westerly sides of Pawtucket Avenue from the intersection of Hoppin Avenue and commencing southerly to the intersection of Turner Avenue and as defined in R.I.G.L. § 45-24-31 (Overlay Districts). All properties located within the Riverside Square Overlay District may choose either to develop or redevelop, subject to the provisions of division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3).

(5)

However, within the Main Street and Neighborhood Center Overlay Districts as defined within this Code, the provision of off-street parking is not required for nonresidential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.

(b)

Intent.

(1)

It is the intent of section 19-322 to encourage new opportunities for mixed land use(s), in "Main Street" and/or neighborhood center configurations, that promote a mixture of land use(s), including multi-unit residential and a variety of neighborhood oriented commercial land uses and to realize commercial and/or mixed use development with a storefront character using a typical Main Street build-to-line* configuration with buildings at the sidewalk and front property line, whenever feasible. Main Street uses primarily provide convenience retail sales and services to the surrounding residential neighborhood and gives priority to the access and convenience of pedestrians. Building types are small commercial structures, multi-story mixed use, and residential structures (by special use permit). Nonresidential uses typically occupy the street front, although residential uses are conditionally permitted by special use permit. These uses may include, but are not limited to, a combination of commercial use(s), offices, retail, residential, personal convenience service businesses, cultural activity* and public and civic uses. Land uses may be mixed by floor (vertically within a building) or horizontally on a parcel of land. Pedestrian linkages from mixed commercial/residential, retail, personal service and recreational land uses to existing areas of neighborhood residential land use shall be encouraged. The scale of mixed use may range from a single stand-alone retail use with office or residential use on the upper stories to a larger scale development such as a neighborhood center* that integrates commercial, retail, offices, housing and public spaces, or to a stand-alone residential facility.

(2)

Neighborhood center* may only be developed on a lot consisting of not less than a minimum of 50,000 square feet. A neighborhood center* means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public. A neighborhood center development shall include a location for a public transit stop (when applicable to available transit routes), provide pedestrian linkages to surrounding neighborhoods, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center* should be adjacent to a residential district(s) they are intended to serve. A neighborhood center should be oriented to streets with pedestrian amenities. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the commercial, retail, office, and/or personal convenience use(s) comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. Neighborhood centers* and mixed uses are destinations for people and draw the public to a space. A public feature such as a gazebo, garden, art, etc., that provides consumers with an attractive amenity is encouraged.

(3)

Development proposals shall comply with all applicable sections of chapter 19, Zoning, and shall be consistent with all city rules, standards, regulations and ordinances (including adopted plans). For all the parcels within this district, development may alternatively occur as is currently allowed within the zoning district in which parcel(s) is located and not under the provisions of section 19-322, Main Street and Neighborhood Center Overlay Districts.

(4)

All commercial and mixed-use development and redevelopment under this division, other than minor modifications to existing permissible land uses, shall minimally be reviewed in accordance with article VIII., Development Plan Review. Purely residential land uses that comply with the requisite off-street parking regulations as described within this section, shall be deemed permissible, and likewise reviewed in accordance with article VIII, Development Plan Review. Purely residential land uses that fail to comply with the requisite off-street parking regulations as described within this section, shall necessitate both development plan review, as well as a special use permit pursuant to section 19-39, provided the degree of deficiency does not exceed 25 percent of the overall development, otherwise both a special use permit (section 19-39) and corresponding dimensional variance pursuant to section 19-45, shall be required.

When a special use permit is required for less than required off-street parking, the zoning board of review, or planning board, in the case of unified development review, must consider the following criteria:

a.

Consideration of a parking impact analysis, prepared by a professional civil engineer, licensed in the State of Rhode Island, or a professional planner with relevant experience in providing such analyses. The study shall analyze parking supply (on and off-site) and projected demand, projected impacts on surrounding areas, potential parking management strategies for the development, loading considerations, available public transit, and emergency access considerations.

b.

Consideration of the proposal's impact on the revitalization of the City's main street corridors, economic development implications of the development, preservation of historic resources, and possible benefits related to a reduction in the amount of impervious area on-site.

(c)

Uses.

(1)

Mixed use is permitted subject to the following: Any use permitted by right in either a C-1, C-2, C-3 and/or Taunton Avenue TA or Bold Point Harbor (BPH) zoning district, as well as any other accessory or special uses as may be permitted generally by chapter 19, zoning, and under section 19-98, schedule of use regulations and section 19-171, accessory uses, shall be allowed, except that the following shall be prohibited uses:

Self-storage, mini-storage: automotive repair shop*, auto body, or soldering or welding shop: limited manufacturing*: motel*, thrift shops and similar type of uses, and retail uses with across the board maximum pricing or "everything under" pricing and surplus goods and cash checking operations.

(2)

In addition to those uses permitted under section 19-98, chapter 19, zoning in the underlying zoning districts other uses are permitted, and may include, but are not limited to, the following:

a.

Mixed use*;

b.

Incubator*;

c.

Photography studio;

d.

Black box theatre*;

e.

Cafe*;

f.

Cultural activity*;

g.

Gallery*;

h.

Co-worker space*;

i.

Museum* (art, history, fashion, etc.}, small design showroom*, e.g., lighting, interior design, handcrafted furniture;

j.

Film studio;

k.

Recording studio;

l.

Design studio*;

m.

Yoga or pilates studio (not a commercial full-service gym);

n.

Live/work space*;

o.

Small fabricating shops not to include industrial trade schools, and further provided that the activity does not include a use that is prohibited in the C-4, C-5, I-1, I-2 and/or I-3 zoning districts;

p.

Cigar lounge;

q.

Tattoo parlors;

r.

Previously owned goods and merchandise including antiques, collectibles, coins, consignment and stamps, excluding pawn shops;

s.

Transit shelters, drop off-points, bicycle rack(s) and/or corrals, and informational or retail kiosks, as accessory uses to permitted principal land use(s). Layover locations for buses shall be prohibited;

t.

Public structure or public use including, but not limited to, public and private park, community or civic space, museum, gallery, or community center, as accessory uses to permitted principal land use(s).

u.

Bicycle paths and/or road bike lanes and pedestrian paths, bicycle racks or corrals, as accessory uses to permitted principal land use(s).

v.

Multi-family dwelling* - Subject to the provisions described under Section 19-322 (c)(3).

w.

Professional office limited to the Riverside Square Overlay District with a building footprint of less than 4,000 square feet.

(3)

Multi-family dwelling* in Mixed Use Development "Main Street" parcels or without the presence of any commercial entit(ies).

a.

Multi-family dwelling* in "Main Street" configuration. Multi-family dwelling* is permitted and when mixed with a commercial, retail, and/or office use in a Main Street configuration at a density that is proportional to the ability to provide 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking. (See Section 19-322).

b.

Multi-family dwelling* without the presence of any commercial entit(ies) is likewise a permissible land use, provided requisite off-street parking is appropriately furnished. Residential density will be based upon the provision of one off-street parking space per residential dwelling unit, and compliance with all other applicable regulations pursuant to section 19-284, off-street parking. Off street parking that fails to meet the referenced one to one ratio, but does not exceed a 25 percent deficiency, or a minimum of .75 spaces per residential unit, may still be permitted by special use permit pursuant to section 19-39. Any deficiency greater than 25 percent, shall necessitate both a special use permit pursuant to section 19-39 and a dimensional variance pursuant to section 19-45.

c.

A neighborhood center* shall be permitted on lots of not less than 50,000 square feet and such a development shall consist of a building or buildings used for mixed land use. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the other commercial, retail, office, and/or personal convenience uses comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. The neighborhood center* provides a location for a public transit stop (when applicable to available transit routes), linkages to surrounding neighborhoods and properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. Neighborhood centers* are destinations for people. The mixed use draws the public to the space and a public feature such as a gazebo, garden, art, etc. provides consumers with an attractive amenity.

d.

Other uses shall be permitted in the Main Street and Neighborhood Center Overlay District when provided as an integral part of the overall development and such use(s) are consistent with the stated purposes of chapter 19, Zoning, and which are intended to serve the commercial and residential users of a mixed use development. Other uses shall be suitable to the proposed development, consistent with the comprehensive plan, and compatible with the surrounding land uses. Said determination shall be made by the zoning officer in consultation with the director of planning.

(d)

Off-street parking and off-street loading.

(1)

For those properties proposing development in the Main Street Overlay Districts, and not "neighborhood center" scale development, off-street parking with the exception of professional office uses shall be provided at no less than 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking, provided that the proposal meets the intent of the overlay district of subsection 19-322(b). Additionally, required employee parking that is stacked or in tandem shall be permitted and counted towards the total number of off-street parking spaces required provided there is a written agreement among the individual tenants of a building provided to the zoning officer. The zoning officer shall have the authority to monitor such an arrangement and require modified parking or a petition to the zoning board of review regarding the off-street parking if it is apparent that the stacked employee parking arrangement is unfeasible and/or there are unforeseeable impact to adjoining streets with overflow parking, particularly local residential streets. A purely residential development shall not require introduction of any off-street loading, and shall be subject to the off-street parking density referenced in subsection (c)(3)b. above. However, within the overlay districts as defined within this Code, the provision of off-street parking is not required for non-residential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.

(2)

A neighborhood center development shall provide off-street parking as required by section 19-284. However, this amount may be reduced by ten percent provided that the applicant/owner shall submit a valet parking plan, including certification that a valet is on-duty during business hours, and documenting authorized use of a satellite parking area to the zoning officer such that a modification may be granted. An applicant or developer of a neighborhood center* may further reduce parking subject to the provisions of section 19-279, joint use and shared use, where the applicant and/or owner are able to provide a shared parking study and plan to the zoning officer, and provided that the procedures of section 19-279 regarding joint and shared and parking shall be followed.

(3)

Bonus height structured parking incentive. An additional one (12 foot) building story shall be permitted for every story of structured parking provided in a building, with the overall height not to exceed five stories or 60 feet.

(e)

Purposes. Consistent with the City of East Providence Comprehensive Plan, the purposes of the Main Street and Neighborhood Center Overlay Districts are to:

(1)

Promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but is not limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.

(2)

To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing, and economic development, including uses related to the arts and culture.

(3)

Encourage efficient use of land by facilitating centers and minimizing the amount of land that is needed for surface parking.

(4)

Encourage quality development that facilitates utilization of public transportation, where applicable.

(5)

Provide opportunities to businesses within the districts for coordinated mixed use development, pedestrian and bicycle connections, and innovative site design.

(6)

Provide safe, comfortable and attractive pedestrian connections from existing areas such as residential and open space to currently predominantly commercial roadways and to public transportation, and to new areas of land use and new neighborhood centers*.

(7)

Reinforce public rights-of-way, shoulder sides of roadways and sidewalks, as public places that encourage pedestrian and bicycle travel.

(8)

Enhance linkages and pedestrian connections to residential areas, schools, and recreational space in the vicinity of the overlay districts for the convenience of the public.

(9)

Encourage the use of sidewalks for outdoor cafes, sitting, and shop displays where possible, and when new development or redevelopment is proposed, look for opportunities to widen the sidewalk/pedestrian area in front of the building(s) for outdoor cafe seating, sitting, restaurant and shop displays, and trees for shade.

(f)

General standards. All applicants whose proposals require permits from other agencies, e.g., a state agency such as the Department of Transportation, shall obtain any and all such applicable permits, including city building permits and licenses. As with all other proposed development reviewed under this chapter, the proposal shall meet the general purposes of section 19-2, chapter 19, Zoning, and the following:

(1)

The design of the proposed development will be consistent with the goals of the city comprehensive plan and will implement the purposes of the Main Street and Neighborhood Center Overlay Districts.

(2)

Erosion will be adequately controlled during and after construction and will not adversely affect adjacent or neighboring property or public facilities and services; provisions have been made for storm water and drainage facilities, and that increased runoff due to development on the site will not be injurious to any nearby property owners or cause hazardous conditions on any streets.

(3)

The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient and adequate provision has been made for snow removal.

(4)

All utilities, infrastructure, streets, roadways, sidewalks, walkways and parking are improvements will be provided for the development in a manner meeting the applicable requirements and standards of the city. Construction standards for utilities and improvements serving the public shall meet city standards.

(5)

The location, arrangement, appearance, and sufficiency of off-street parking and loading comply in all respects with chapter 19, Zoning and/or the provisions of subsection 19-322(d) as applicable, and are adequate to serve the proposed development.

(6)

The proposed development and all uses and structures therein, shall comply in all respects with chapter 19, Zoning. Nothing in this article shall prevent an applicant from seeking a variance.

(g)

Dimensional criteria pursuant to section 19-145. Development within the Main Street Overlay Districts will be given great flexibility and allowed to pursue the most lenient dimensional standard(s) prescribed in either the C-1, C-2, C-3, Taunton Avenue (TA) or Bold Point Harbor (BPH) districts, in accordance with Section(s) 19-145 or 19-481 (in the case of Taunton Avenue (TA) and Bold Point Harbor (BPH) districts), unless the subject Main Street Overlay Districts regulations permit even greater latitude, then they may take precedence.

(1)

To promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but not be limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.

(2)

To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing and economic development, including uses related to the art and culture.

(Ch. 642, § XII, 3-15-16; Ch. 803, § I, 5-18-21; Ch. 814, § I, 8-17-21; Ch. 840, § I, 5-17-22; Ch. 914, § I(Att.), 12-19-23)

Mixed use means combination of residential and commercial land uses within a single development, building, or tract. Mixed use development in a C-1 through C-5 district must be reviewed through the land development project review process.

(Ch. 867, § VIII, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

Industrial operations, shall be located only in those districts permitted in section 19-98. Industrial operations and processes, shall not exceed the standards of performance as established in this section and required by this chapter.

(Rev. Ords. 1987, § 19-336; Ch. 453, § X, 7-15-08)

No emission at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 2 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines in August, 1955, as information circular 7718 (revision of i.c. 6888), is permitted, except that visible smoke of a shade darker than No. 2 on such chart may be emitted for not more than four minutes in any 30 minutes in a C-5 district or in an I-1 or I-2 district and not more than eight minutes in any 30 minutes in an I-3 district. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color, excluding steam and other nontoxic emissions, but with an equivalent apparent opacity.

(Rev. Ords. 1987, § 19-337)

Any handling, transfer or storage of materials shall use best available technology to control fugitive emissions of dust or other particulate matter from migrating to off-site locations in any amount which is injurious to human health, animals, vegetation or other forms of property or which causes any excessive soiling at any point beyond the property lines. Such technology may include dust collection/suppression systems, wind guards and spraying of stockpiles with surfactants.

(Rev. Ords. 1987, § 19-338)

No emission of odorous gases or other odorous matter in such quantities as are offensive outside the industry property shall be permitted. No odorous emission shall be permitted which is determined to be obnoxious or which unduly transfers with or prevents the comfortable enjoyment of life or property.

(Rev. Ords. 1987, § 19-339)

Industrial use shall not emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing unreasonable discomfort or injury to humans or harm to vegetation. When acceptable air quality criteria are developed by the U.S. public health service, these standards shall be considered for adoption in this section.

(Rev. Ords. 1987, § 19-340)

(a)

Noise shall be measured from the nearest property line in a commercial 5 district or an industrial 1 or 2 district or floating zone district and from the nearest industrial 3 district boundary line in an industrial 3 district. At the specified points of measurement, the sound pressure level of noise radiated continuously from an industrial operation or plant other than background noises produced by non-industrial sources such as vehicular traffic or other transportation shall not exceed the values given in Table I of section 10-53 in octave bands of frequency. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. American standard sound level meters for measurement of noise and other sounds, S1.4-1961, and American standard specification for an octave band filter set for the analysis of noise and other sounds, Z24.10-1963, American Standards Association, Inc., New York, New York, shall be used.

(b)

The maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility shall conform with the values in subsection 10-53(c)(2).

(c)

The aforementioned limits are intended for normal continuous day-to-day operations. A variance to exceed these limits by a reasonable amount may be granted for temporary and shortterm operations during construction, maintenance or emergency conditions.

(Rev. Ords. 1987, § 19-341; Ch. 453, § XI, 7-15-08)

(a)

Vibration shall be measured from the nearest property line in a C-5 district or an I-1 or I-2 district and from the nearest I-3 district boundary line in an I-3 district.

(b)

No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any hour of the day between 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, U.S. Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of such bulletin shall be used to compute all values for enforcement of this regulation.

(Rev. Ords. 1987, § 19-342)

No industrial use shall carry on any operation that would produce heat or glare beyond the property line in a C-5 district or an I-1 or I-2 district or beyond the I-3 district boundary line in an I-3 district. No industrial activity shall use industrial and exterior lighting in a manner that produces glare on property highways or neighboring property.

(Rev. Ords. 1987, § 19-343)

(a)

Industrial sewage and waste may be deposited in a public sewage system when available. Such wastes, if adequately treated by a private treatment plant, may be disposed into other than a public sewage system provided that:

(1)

A septic tank, tile field or other disposal place for any waste shall be located at least 50 feet from the nearest point of any river, pond, swampy area or district boundary of a residential district or 1,000 feet from any drinking water source or supply unless the water is adequately treated and chlorinated to be satisfactory for such use or unless evidence is given to show that geologically it is not possible for the waste to migrate into or contaminate any drinking water supply;

(2)

No effluent shall contain any acids, oils, dust, toxic metals or corrosive or other toxic substances in concentrations which would create obnoxious odors or discolor, poison or otherwise pollute any stream or watershed adversely.

(b)

Wherever feasible, process or cooling waters shall be recirculated and reused.

(Rev. Ords. 1987, § 19-344)

Industrial operations shall cause no dangerous radiation at the property line as specified by the regulations of the Nuclear Regulatory Commission.

(Rev. Ords. 1987, § 19-345)

Editor's note— Ch. 453, § XII, adopted July 15, 2008, repealed § 19-346, which pertained to port district loading, unloading and handling, and derived from Rev. Ords. 1987 § 19-346. See also the Code Comparative Table.

(a)

The purpose of this division is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this division are to:

(1)

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2)

Encourage the location of towers in nonresidential areas;

(3)

Minimize the total number of towers throughout the community;

(4)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(8)

Consider the public health and safety of communication towers; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(b)

In furtherance of these goals set out in subsection (a), the city shall give due consideration to the comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ch. 463, § I, 12-16-97)

As used in this division, the following terms shall have the meanings set forth below:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, flag poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this division, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ch. 463, § I, 12-16-97)

(a)

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections 19-349(b) through (e), inclusive. The height limitations of section 19-145 applicable to buildings and structures shall not apply to towers and antennas.

(b)

Amateur radio station operators/receive only antennas. This division 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.

(c)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this division, other than the requirements of subsections 19-350(f) and 19-350(g).

(d)

AM array. For purposes of implementing this division, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(e)

Antennas. See section 19-352.

(Ch. 463, § I, 12-16-97; Ch. 154, § III, 1-16-01)

(a)

Preapplication conference. A preapplication conference with the zoning officer and the planning department is required before any building permit is sought. The conference will serve to familiarize the applicant with the city's regulations.

(b)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(c)

Lot size. 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 lot.

(d)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the director of planning and zoning officer at a preapplication meeting an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this division or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(e)

Aesthetics. Towers and antennas shall meet the following requirements:

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(f)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(g)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. 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.

(h)

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 applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(i)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal jurisdictional boundaries.

(j)

Nonessential services. Towers and antennas shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(k)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the zoning officer.

(l)

Public notice. For purposes of this division, any special permit request, variance request, or appeal of an administratively approved use or special permit shall require public notice via certified mail to all property owners within a 200 foot radius of the perimeter of the property which is the subject of the request in addition to any notice otherwise required by this chapter.

(m)

Signs. No signs shall be allowed on an antenna or tower.

(n)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 19-354.

(o)

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ch. 463, § I, 12-16-97)

(a)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require a special use permit. All such uses shall, to the greatest extent possible, comply with the design standards of this article relating to setbacks and separation, lighting, landscaping and security fencing.

(b)

Permitted uses. The following uses are specifically permitted:

(1)

Antennas or towers located on property owned, leased, or otherwise controlled by the city provided a license or lease authorizing such antenna or tower has been approved by the city and further provided that a site plan and a copy of the executed lease shall be submitted by the applicant and approved by the zoning officer and director of planning prior to a building permit being issued.

(2)

(a)

Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located at within a 200-foot radius of the perimeter of the subject area as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city at least 14 days prior to the planning board meeting at which the use of city owned property for the location of the proposed antenna or tower will be reviewed by the planning board for purpose of making its recommendation to the city council.

(b)

Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located at within a 200-foot radius of the perimeter of the subject area as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city and at least fourteen days prior to the city council meeting at which the license or lease authorizing such antenna or tower will be reviewed by the city council.

(c)

The public notice to abutters provided for herein for the planning board meeting and the city council meeting shall contain a copy of the radius map showing the location of the cell tower and each of the properties within the 200-foot radius of said location.

(3)

Antennas, but not towers, upon the roof of any ten story building or greater located within any zoning district.

(Ch. 463, § I, 12-16-97; Ch. 80, § I, 8-10-99; Ch. 81, § I, 8-10-99)

(a)

Generally. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

(1)

The zoning officer may grant administrative approval to the uses listed in this section. The zoning officer shall seek an advisory opinion from the director of planning prior to the issuance of a decision of administrative approval.

(2)

Each applicant for administrative approval shall apply to the zoning officer, providing the information set forth in subsections 19-353(b)(1) and 19-353(b)(3) of this division for towers and subsection 19-352(c) for antennas, along with a nonrefundable fee as established by the city council to reimburse the city for the costs of reviewing the application.

(3)

The zoning officer shall review the application for administrative approval and determine if the proposed use complies with section 19-350 (general requirements), subsection 19-353(b)(4) (setbacks) and 19-353(b)(5) (separation) of this division. The zoning officer may refer the application to other agencies and departments as necessary in order to make an informed decision.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5)

The zoning officer shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the zoning officer fails to respond to the applicant within the 60 days, then the application shall be deemed to be approved.

(6)

In connection with any such administrative approval, the zoning officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in section 19-353(b)(4) or separation distances between towers in section 19-353(b)(5) by up to 20 percent.

(7)

In connection with any such administrative approval, the zoning officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(8)

If an administrative approval is denied, the applicant, prior to filing any appeal that may be available under this chapter, shall first file an application for a special use permit, pursuant to section 19-353, provided that the proposed use will be located in a district where a special use permit may be granted under the terms of section 19-98.

(9)

Administrative decisions shall be posted in the land evidence records of the city and copies of all decisions shall be forwarded to the mayor, director of public works and director of planning.

(b)

List of administratively approved uses. The following uses may be approved by the zoning officer after conducting an administrative review:

(1)

Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with the tower, in any I-3 zoning district provided, however, that such tower shall be set back a distance equal to the height of the tower from any off-site residential land use, or in the case of vacant residentially zoned land, setback a distance equal to the height of the tower less the residential yard setback for the adjacent residential district.

(2)

Locating antennas on existing structures or towers in any zoning district consistent with the terms of subsections a. and b. below.

a.

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning officer as an accessory use to any structure in an I-3 zoning district, provided:

1.

The antenna does not extend more than 30 feet above the highest point of the structure;

2.

The antenna complies with all applicable FCC and FAA regulations; and

3.

The antenna complies with all applicable building codes.

b.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

1.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole.

2.

Height.

(i)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(ii) The

height change referred to in subsection 3.(i) of this section may only occur one time per communication tower.

(iii)

The additional height referred to in subsection 3.(i) shall not require an additional distance separation as set forth in section 19-353. The tower's premodification height shall be used to calculate such distance separations.

3.

On-site location.

(i)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within ten feet of its existing location.

(ii)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(iii)

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 19-353(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 19-353(b)(5).

(iv)

The on-site relocation of a tower which comes within the separation distances to residential uses or residentially zoned lands as established in subsection 19-353(b)(5) shall only be permitted when approved by the zoning officer.

(3)

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(c)

Information required. Applicants for administrative approval shall submit the following information, based upon a determination of applicability and need by the zoning officer.

(1)

A scaled site plan clearly indicating the location, type and height of the proposed tower(s) or antenna(s), on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to abutting municipalities), comprehensive plan classification of the site and adjacent properties, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower(s) or antenna(s) and any other structures, topography, parking, and other information deemed necessary by the zoning officer in order to assess compliance with this division.

(2)

Legal description of the parent tract and leased parcel (if applicable).

(3)

The setback distance between the proposed tower(s) or antenna(s) and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4)

The separation distance from other tower(s) and/or antennas described in the inventory of existing sites submitted pursuant to subsection 19-350(d) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(5)

A landscape plan (if required by the zoning officer) showing specific landscape materials.

(6)

Method of fencing, and finished color and method of camouflage and illumination (if required by the zoning officer).

(7)

A description of compliance with subsections 19-350 (c), (d), (e), (f), (g), (j), (l), and (m) and all applicable federal, state or local laws.

(8)

Identification of the entities providing the backhaul network for the tower(s) and antenna(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(9)

A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(Ch. 463, § I, 12-16-97; Ch. 154, § IV, 1-16-01; Ch. 877, § I, 6-6-23)

(a)

Generally. The following provisions shall govern the issuance of special use permits and/or variance for towers or antennas in addition to all other requirements of this section for the issuance of special use permits:

(1)

Applications for special use permits or variance under this section shall be subject to the procedures and requirements of section 19-39 et seq. and section 19-45 et seq. of this chapter, as applicable, except as modified in this section.

(2)

In granting a special use permit, the zoning board of review may impose conditions to the extent the zoning board of review concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(3)

If a tower is not a permitted use under section 19-98 of this division, then a use variance shall be required for the construction of a tower or placement of an antenna and all such applications shall submit the information required within this division for special use permits, shall meet the design standards for towers or antennas requiring a special use permit and further shall be subject to the procedures and requirements of section 19-45 et seq., except as modified in this section.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5)

An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by the city council to reimburse the city for the costs of reviewing the application.

(b)

Towers.

(1)

Information required. In addition to any information required for applications for special use permits pursuant to section 19-41 of this chapter, applicants for a special use permit for a tower shall submit the following information:

a.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection 19-353(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning officer to be necessary to assess compliance with this division.

b.

Legal description of the parent tract and leased parcel (if applicable).

c.

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

d.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 19-350(d) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

e.

A landscape plan showing specific landscape materials.

f.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

g.

A description of compliance with subsections 19-350(c), (d), (e), (f), (g), (j), (l), and (m), 19-353(b)(4), 19-353(b)(5) and all applicable federal, state or local laws.

h.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

i.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

j.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

k.

A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

l.

A certified list of the names and addresses of property owners within a 200 foot radius of the perimeter of the property which is the subject of the application.

(2)

Factors considered in granting special use permits or variance for towers. In addition to any standards for consideration of special use permit applications pursuant to section 19-39 et seq. of this chapter, the following factors shall be considered in determining whether to issue a special use permit or variance:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 19-353(b)(3) of this division.

(3)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning board of review that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board of review related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4)

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

a.

Towers must be set back a distance equal to at least seventy-five percent of the height of the tower from any adjoining lot line.

b.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(5)

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required:

a.

Separation from off-site uses/designated areas.

1.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

2.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1:

Seperation Requirements for Towers

MINIMUM STANDARDS

b.

Separation distances between towers.

1.

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2:

Existing Towers—Types

MINIMUM SEPARATION BETWEEN TOWERS (BY TOWER TYPE)

(6)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.

(7)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the zoning board of review.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(Ch. 463, § I, 12-16-97; Ch. 154, § V, 1-16-01)

(a)

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with all applicable building and fire codes.

(b)

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(1)

In residential districts, the equipment cabinet or structure for each user may be located in accordance with the following:

a.

All front and side yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet of gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.

b.

All rear yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(2)

In commercial or industrial districts the equipment cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area for each user. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(c)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 240 square feet of gross floor area or be more than 15 feet in height for each user, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(d)

Modification of building size requirements. The requirements of subsections 19-354(a) through (c) may be modified by the zoning officer in the case of administratively approved uses or by the zoning board of review in the case of uses permitted by special use permit or variance to encourage collocation.

(Ch. 463, § I, 12-16-97)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ch. 463, § I, 12-16-97)

(a)

Nonexpansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this division.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding section 19-355, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in subsections 19-353(b)(4) and 19-353(b)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in section 19-355.

(Ch. 463, § I, 12-16-97)

(a)

Notwithstanding the district regulations applicable to the district in which a child day care center is located, the following requirements shall also apply to child day care centers, however, these regulations shall not apply to any part of a public or private school system or to a Sunday school conducted by a religious institution where children are cared for during short periods of time while persons responsible for such children are attending religious services. Any and all required licenses must be obtained from the state.

(1)

Permitted districts. Child day care centers* shall be permitted by special use permit only in the residential-5 and residential-6 zoning districts, and permitted by right in the commercial-1, commercial-2 and industrial-1 zoning districts.

(2)

Increased required yards. Increased yards adjacent to side and rear property lines shall be provided and shall not be less than 25 feet in depth. The first ten feet from these property lines shall be landscaped.

(3)

Minimum separation distance from potential hazards. No child day care center shall be located within a 300-foot distance from gasoline pumps, underground gasoline storage tanks, or any other storage and/or use of hazardous, explosive and/or flammable materials, said 300 feet to be measured from the perimeter of the property on which the day care center is proposed. No child day care center shall be sited in a location which exposes children to commercial and/or industrial land uses and/or activities which involve toxic emissions, noxious odors, and/or other potential dangers.

(4)

Location of outdoor play area. No outdoor play area or part of an outdoor play area shall be permitted in the front yard as required by section 19-145 for the applicable zoning district, and no outdoor play area shall be sited in a manner which poses threats to children from motor vehicle operations. No outdoor play area shall be located in a manner which creates a potential conflict with truck access to trash storage areas, such as dumpsters.

(b)

Special use permit criteria. In cases where child day care centers are allowable by special use permit in a district, the following criteria shall apply:

(1)

Adequacy of the neighboring transportation network to accommodate the proposed use, and adequacy of proposed parking arrangements as evidenced by:

a.

The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

1.

Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

2.

Safety (accident data, sight distance, roadway conditions, etc.)

3.

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

4.

Existing volumes (traffic counting);

5.

Site-generated and future traffic;

6.

Planned transportation improvements, if any;

7.

Projected parking demand for the facility, and adequacy of available on-site and off-site parking;

8.

Analysis of the specific impacts of child drop-off and pick-up related to the above factors.

(2)

Compatibility with neighboring residential land uses as evidenced by:

a.

Submission of a landscaping plan, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties. The zoning board or planning board under unified development review may require plans to be prepared by a professional landscape architect, licensed in the State of Rhode Island.

b.

Submission of evidence that the proposed development's noise, lighting, trash management, and other operations will not unduly disturb nearby residents.

c.

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative impact on adjacent properties or natural resources.

d.

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative effect on adjacent properties or natural resources.

(3)

Safety of children as evidenced by the proposal's conformance with fire, building and health codes, and other relevant state and federal requirements, conformance to other dimensional requirements for child day care centers listed in this section, as well as other relevant public safety factors.

(Ch. 146, § XIV, 10-23-00; Ch. 914, § I(Att.), 12-19-23)

A site plan shall be required for each application for a child day care center. For child day care centers in districts where the use is permitted by right, the site plan shall be submitted to the zoning officer for review and approval. The site plan shall include the following:

(1)

All driveways, off-street parking spaces, drop-off zones, outdoor play areas, fences and dumpster/trash storage locations shall be shown on the site plan.

(2)

Proposed signage shall be shown on the site plan (location and square footage of sign face(s)).

(3)

A radius plan showing lots and land uses within a 300-foot radius of the perimeter of the proposed child day care center.

(4)

A landscaping plan which shall at a minimum show location of a landscaped buffer at the perimeter of the off-street parking area, and the side and rear yard landscaping.

(Ch. 146, § XIV, 10-23-00)

(a)

Purposes. The purpose of this section is to:

(1)

Allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses, to create economic and social vitality;

(2)

Develop commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians;

(3)

Provide flexibility in the siting and design of new developments and redevelopment;

(4)

Reinforce streets as public places that encourage pedestrian and bicycle travel;

(5)

Provide roadway and pedestrian connections to residential areas;

(6)

Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land that is needed for surface parking; and

(7)

Facilitate development (land use mix, density and design) that utilizes public transit, where applicable;

(b)

Review process. The planning board shall review and approve proposals within the Riverside Square Mixed Use/Downtown Overlay District following the process for development plan review identified in section 19-453 and the city's land development and subdivision review regulations. The permitting authority may apply such special conditions, restrictions or stipulations as it may deem necessary to maintain consistency with the comprehensive plan, zoning ordinance, and subdivision and land development regulations to maintain harmony with neighboring uses.

(c)

Design intention and functioning.

(1)

[Reserved.]

(2)

Maximize the building floor area on each lot.

(3)

Locate parking off the street frontage to the rear of parcels so that businesses can move close to the sidewalk and more readily attract pedestrians.

(4)

Place buildings at a minimal front setback line, close behind a sidewalk of adequate width.

(5)

Encourage construction of at least two-story buildings.

(6)

Locate retail uses on the ground-floor street frontage, preferably adjacent to other retail uses.

(7)

Develop sidewalks and building features (e.g. entrances, weather protection) so as to maximize safety, comfort, ease of movement, and convenience for pedestrians.

(8)

Encourage building heights of two and one-half stories (maximum height of 35 feet), with first floor commercial use and second floor residential use. Residential use may also be provided on the first floor but the main entrance of such first floor residential use shall be limited to the rear or side of the structure.

(9)

Floors above ground level shall have independent, separate access to the street.

(10)

Driveway and parking lot surfaces are encouraged to be permeable, using such materials as brick, concrete pavers, "grass-crete" and other similar permeable materials, but not gravel. Vegetative buffers shall be planted to treat runoff as it percolates into the soil. Use of low impact development (LID) techniques is encouraged.

(11)

Walk-up windows to retail uses may be permitted provided that such windows shall be located on the front lot line facing a street, with no curb cut or allowance of any motorized vehicular access.

(Ch. 453, § XXIII, 7-15-08; Ch. 914, § I(Att.), 12-19-23)

(a)

No development plan shall be approved unless it is determined that the following standards are reached to the maximum extent feasible, or to the extent feasible given the circumstances of the property, in accordance with the provisions of these regulations.

(1)

Build-to line requirement. In no case shall the front setback specified for the underlying zoning district take precedence. All building front setback requirements shall be zero, except under the following circumstances:

a.

Where other site requirements such as utility or access easements preclude such building placement.

b.

Where it is determined that the use of existing buildings on adjacent parcels would be significantly adversely affected by setbacks from front or side property lines that are smaller than those on the adjoining parcels (e.g., light would be blocked from existing windows on the side of a building).

c.

Where minimum required clearance from an overhead electric power line, based on the National Electric Code, must be maintained, especially for buildings of more than one story.

(2)

Setbacks. For a particular development plan, a determination shall be required that proposed setbacks are consistent with the purposes and design intention of this overlay district.

(3)

Ground floor facade. At least 50 percent of the ground floor facade of non-residential use shall be constructed of transparent material or otherwise designed to allow pedestrians to view activities inside the building. The ground floor facade shall be composed of windows opening into the interior, display windows (which need not be open into the interior), or entrances, which openings are determined to be well-distributed along the face of the building or addition so as to minimize the lengths of blank wall areas.

(4)

Building width. A new building or addition to an existing building shall occupy the full width of the lot, except in the following circumstances:

a.

A pedestrian passageway to parking or other businesses to the rear of the building is provided.

b.

A side yard is used as an outside seating area for a cafe or a public courtyard.

c.

A driveway to parking spaces in the rear is allowed alongside the building because there is no other access to the parking spaces.

d.

A utility easement precludes use of the full width, in which case one of the above uses shall be placed over the easement.

(5)

Outdoor patron seating areas. Administrative review and issuance of an outdoor use area permit is required for designation of proposed outdoor seating areas, to ensure that the standards in this Chapter are met and that public safety and access for pedestrians, persons with disabilities, and emergency response personnel will not be compromised.

(6)

Signage. The signage requirements of article VII. Signs shall be met, except as provided below:

a.

Wall sign. Wall signs shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic). Signs shall be placed on the building so as not to obscure architectural features and details. Internally illuminated neon signs are permitted.

b.

Free standing sign. A freestanding sign shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic).

(7)

Parking. Each development in this district shall be required to demonstrate to the satisfaction of the DPR Committee that the location, arrangement, appearance, and sufficiency of off-street parking and loading shall be adequate to serve the development. No parking, driveway, or other area for vehicles shall be placed between the building and the street.

a.

Parking ratios. The number of parking spaces provided for a site shall be considered as a base from which to adjust, as applicable and appropriate, to an adequate number and location of spaces. In no case shall the number of off-street parking spaces exceed the number calculated from the parking ratios required by the zoning ordinance. For a building of two or more stories, floor area within stairwells and elevator shafts shall not be included in total floor area for parking calculations.

b.

Shared parking. Where a parking area will serve two or more uses for which peak parking demand occurs at different times, the parking spaces provided may be counted toward the parking requirement for more than one of those uses provided that the requirements of section 19-279 (b) "Shared Use of Parking" are met.

c.

Parallel parking. Where parallel parking is allowed on a street section abutting the property and on the same side of the street as the property, such parallel parking shall count toward meeting the parking requirement for the property.

d.

Alleys. As development or redevelopment occurs, alleys shall be created for access to parking on the rear of properties.

e.

Off-site parking. Where alternative off-site parking (either public parking or private parking obtained by lease or recorded easement) is provided within 300 feet of the property, the on-site parking requirement shall be reduced, provided that the total of on-site and alternative off-site parking together shall meet the requirement for the proposed use.

(Ch. 453, § XXIII, 7-15-08)

(a)

Commercial mixed use (CMU). The purpose of the commercial mixed use district is to encourage more active use and redevelopment of oversized multi-tenant commercial properties by promoting more flexibility of uses and design that is well suited for active economic activity along Newport Avenue.

(b)

Qualification. On the date any parcel of land is placed into a CMU Zone, it shall be part of one or more contiguous parcels of land containing a minimum of 45,000 square feet of land that is adjacent to Newport Avenue and that are under common control/ownership, unless otherwise waived by the city council and the planning commission. The term "common control/ownership" means and relates to either one person or entity, or separate entities in which the underlying ownership is held in part by one or more of the same person, persons, or entities.

(Ch. 721, § III, 8-21-18)

(a)

Dimensional regulations. Dimensional regulations, as presented in Sections 19-131 through 19-145 of the zoning ordinance, as amended below for the commercial mixed use district, shall apply to all uses in the CMU Zone.

*Minimum side yard setback requirement when directly abutting residential zoning districts only, minimum side yard setback of ten feet applies when abutting commercial or industrial zoning districts. Minimum side yard setback of zero feet applies for contiguous parcels under the same ownership.

(b)

Permitted uses.

(1)

Uses permitted by right in the commercial retail business (C-3) district are permitted in the CMU Zone.

a.

The following uses, listed in the schedule of uses table, are also permitted in the CMU Zone:

1.

Three-family dwelling* and multi-family dwelling*;

2.

Hotel*;

3.

Sportsmen's club;

4.

Salesroom for display of motor vehicles, trailers, building supplies, boats, or machinery: (2) With storage and repair facilities;

5.

New or used motor vehicle sales lot shall be limited to the display of a maximum of ten vehicles.

6.

Retail services for employees as detailed in section 19-364, business/technology* development;

7.

Sale of business and/or industrial equipment and supplies;

8.

Wholesale showroom: (2) With storage and repair facilities;

9.

Wholesale distribution or warehouse, excluding truck terminal facility;

10.

Automotive repair shop*;

11.

Animal or veterinary hospital or kennel;

12.

Business or industrial services: (2) With storage and repair facilities;

13.

Child day care centers*;

14.

Data processing centers*;

15.

Gasoline filling stations*;

16.

Amusement game centers*;

17.

Radio, television or wireless telecommunication towers and antennas (see definition of antenna is section 19-348)

18.

Communication services and broadcasting offices;

19.

Industrial trade schools

*As currently defined in section 19-1

b.

The following uses, not listed in the schedule of uses table, are also permitted in the CMU Zone:

1.

Residence above first story business use;

2.

Mixed use*;

3.

Small fabricating shops;

4.

Previously owned goods and merchandise shops, including antiques, collectibles, coins, consignment and stamps;

5.

Electric vehicle charging station;

6.

Kiosk, free standing exterior;

7.

Outdoor retail—accessory;

8.

Music and dance studio;

9.

Garden center;

10.

Adult day care.

*As currently defined in section 19-1

(2)

Uses allowed by special use permit in the commercial retail business (C-3) District are permitted by special use permit in the CMU Zone, unless allowed by right above.

(3)

Uses permitted as accessory uses in the commercial retail business (C-3) District are permitted in the CMU Zone.

(c)

Number of buildings on a lot.

(1)

More than one commercial or mixed-use primary structure located on a single lot is permitted in the CMU Zone.

(d)

Signs. Any permitted signs for the commercial retail business (C-3) District as set forth in section 19-438 through 19-446 shall be permitted in the CMU Zone. Any electronic messaging centers (EMC signs) shall only be permitted by special use permit. Defined in section 19-442.

(e)

Additional criteria for approval.

(1)

There is no maximum requirement for off-street parking in the CMU Zone. Parking design standards as set forth in Section 19-282 shall apply.

(2)

Minimum parking requirements in the CMU Zone are: Residential: one and one-half spaces/unit; Office: four spaces/1,000 square feet; Retail/restaurant: four and one-half spaces/1,000 square feet.

(3)

Maximum impervious coverage is 90 percent.

(4)

Off-street loading minimum requirements:

Size:

Length: 55 feet;

Width: 12 feet.

Number:

4,000 square feet to 20,000 square feet = one space;

20,000 square feet + = one space per 20,000 square feet or fraction thereof.

Office uses are excluded from off-street loading requirements.

(Ch. 721, § III, 8-21-18)

(a)

Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments which include the development of at least 50 percent of the existing gross floor area into residential units, shall be a permitted use, except where such is prohibited by environmental land use restrictions recorded on the property by the State of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency preventing the conversion to residential use.

(b)

Parking. Adaptive reuse projects shall require a minimum of one off-street parking space per dwelling unit. In cases where adaptive reuse projects are located within Main Street and Neighborhood Center Overlay Districts, a minimum of 0.5 off-street parking spaces per dwelling unit may be provided for one bedroom units.

(c)

Density.

(1)

For projects that meet the following criteria, these regulations shall not limit the maximum residential density:

a.

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utilities; and

b.

The development includes at least 20 percent low- and moderate-income housing; and

c.

The development has access to public sewer and water service or has access to adequate private water, such as a well and/or wastewater treatment system(s) approved by the relevant state agency for the entire development as applicable.

(2)

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be a maximum of 30 units per acre.

(3)

All adaptive reuse projects are exempt from the requirements of section 19-156 (minimum residential floor area) and section 19-218 (Schedule for multifamily dwelling usable lot area).

(d)

Setbacks. Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing buildings setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback.

(e)

Building height. For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption.

(Ch. 914, § I(Att.), 12-19-23)

(a)

The purpose of this section is to provide food service establishments as defined in R.I.G.L. 45-24.7-2 the ability to establish outdoor dining areas while protecting public safety and minimizing negative impacts to neighboring properties.

(b)

All outdoor dining of food service establishments shall comply with the following standards:

(1)

Submission of a development plan review application pursuant to article VIII of this chapter and the East Providence Land Development and Subdivision Review Regulations. Outdoor dining areas shall be reviewed through this process by the building official, fire department and city engineer to ensure compliance with the State Building Code and Fire Code, ADA accessibility, internal traffic circulation and vehicle crash protection.

(2)

When outdoor dining areas are adjacent to roadways or parking areas, vehicle crash protection shall be provided to include permanent or semi-permanent barriers, bollards, or similar materials, that are capable of protecting patrons from hazards.

(3)

Parking areas with outdoor dining must continue to comply with the parking space/parking lot design, maintenance and loading requirements in division 11 of these regulations.

(4)

Outdoor dining hours shall be limited to between 7:00 a.m. and 10:00 p.m.

(5)

All outdoor lighting in the outdoor dining area shall be shielded and focused directly onto the seating area and away from abutting properties.

(6)

All food service establishments shall comply with the parking requirements as set forth in section 19-284.

(7)

Food service establishments that have been permitted through a special permit process shall not require a special permit for the addition of outdoor seating.

(Ch. 914, § I(Att.), 12-19-23; Ch. 919, § III, 5-7-24)

(a)

Notwithstanding any other provisions of this chapter, the following regulations shall apply to all sportsman's clubs:

(1)

Minimum lot size of five acres.

(b)

Special use permit criteria. In cases where sportsman's clubs are a special permit use in a district, the following criteria shall apply:

(1)

Compatibility with neighboring residential land uses as evidenced by:

a.

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties.

b.

Submission of evidence that any proposed firearm activity will not pose a public safety risk to neighboring residents, users of the facility, or the general public, and that all relevant firearm related laws will be met.

c.

Submission of evidence that noise from any proposed firearm activity will not unduly disturb residents in proximity of the site. In order to make this determination, the zoning board of review or planning board under unified development review may require submission of an acoustical impact analysis, prepared by an acoustical engineer, licensed in the State of Rhode Island.

d.

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

e.

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(Ch. 914, § I(Att.), 12-19-23)

Special use permit criteria. In cases where nonprofit clubs are a special permit use in a district, the following criteria shall apply:

(a)

Compatibility with neighboring residential land uses as evidenced by:

(1)

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties.

(2)

Submission of evidence that any proposed events or activities will not pose a public safety risk to neighboring residents, users of the facility, or the general public and will adequately manage traffic, parking, emergency access, trash and potential light pollution.

(3)

Submission of evidence that noise from any proposed events or activities will not unduly disturb residents in proximity of the activity. In order to make this determination, the zoning board of review or planning board under unified development review may require submission of an acoustical impact analysis, prepared by an acoustical engineer, licensed in the State of Rhode Island.

(4)

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(5)

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(Ch. 914, § I(Att.), 12-19-23)

Special use permit criteria. In cases where bulk petroleum storage is listed a special permit use in a district, the following criteria shall apply:

(a)

Evidence of compliance with the industrial processes regulations in division 16 of these regulations.

(b)

Submission of evidence that any proposed fuel storage, deliveries or transportation will not pose a fire safety risk to neighboring residents or properties, or the general public, and will conform to all relevant fire safety codes.

(c)

Submission of evidence that any proposed fuel storage, deliveries or transportation will not have a negative impact on surface or groundwater resources, air quality, and/or other environmental factors. The applicant must ensure that releases due to spills and overfill will not occur. Leak prevention measures must be included. Spill release plans shall be developed and approved by relevant authorities. The applicant must provide for an ongoing inspection program conforming to all relevant laws, regulations and best management practices. All safety measures must continue after the closure of any bulk petroleum storage facility.

(d)

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(e)

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(f)

Submission of evidence that the facility will be compatible with neighboring land uses, including, but not limited to, management of truck traffic, trash, potential light pollution and provisions for landscaping and screening of the facility.

(Ch. 914, § I(Att.), 12-19-23)

Special use permit criteria. In cases where development of new drive-through facilities is listed a special permit use in a district, the following criteria shall apply:

(a)

Compatibility with the neighboring transportation network as evidenced by submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

(1)

Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

(2)

Safety (accident data, sight distance, roadway conditions, etc.);

(3)

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

(4)

Existing volumes (traffic counting);

(5)

Site-generated and future traffic;

(6)

Planned transportation improvements, if any;

(7)

Projected parking demand for the facility, and adequacy of available on-site parking;

(8)

Adequacy of proposed queuing areas, parking lot and travel lane geometry and emergency access.

(b)

Conformance with the following standards for stacking lanes and traffic circulation:

(1)

Vehicular stacking capacity of the drive-through facility and the internal circulation of the site shall be reviewed and approved by the development plan review committee. The petitioner shall submit information addressing the following issues with the application:

a.

Nature of the product or service being offered;

b.

Method by which the order is processed;

c.

Time required to serve typical customer;

d.

Anticipated arrival rate of customers;

e.

Peak demand hour;

f.

Anticipated vehicular stacking required;

g.

Site plan reflecting all elements of internal circulation including parking, loading, stacking, traffic aisles and means to be used to delineate between these areas, e.g., striping, change of materials, landscaping etc.;

h.

Location and size of signs (including order boards);

i.

Location of trash storage areas and consumer trash receptacles;

j.

Location, direction, power and timing of outdoor lighting; and

k.

Areas for snow storage.

(2)

Stacking spaces for vehicles waiting to complete a transaction shall be provided in addition to the off-street parking spaces required under article IV, division II, off-street parking. The following are guidelines for numbers of stacking spaces by type of use. The required amount is to be calculated by the development plan review committee based on these guidelines and information provided by the applicant:

In addition there shall be at least one stacking space after the service window, before entrance to a traffic aisle.

(3)

Each stacking space shall be a minimum of ten feet in width and 20 feet in length. Stacking lanes shall be a minimum of ten feet in width along straight portions and a minimum of 12 feet in width at curved segments. Stacking lanes shall be clearly designated by signs and delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping, the use of alternative paving material or raised medians.

(4)

Stacking lanes shall be designated to prevent circulation congestion, both on-site and on adjacent public streets. The site circulation shall:

a.

Separate drive-through traffic from site circulation;

b.

Not impede or impair vehicular or pedestrian traffic movement; and

c.

Minimize conflicts between pedestrian and vehicular traffic by providing physical and visual separation between pedestrian ways and stacking lanes and driveways, or at the crossing of the two. Stacking lanes shall not interfere with required loading and trash storage areas. No drive-through lane shall exit onto a street.

(5)

Walk-in customer access should not intersect the drive-through lanes, but where it does, clearly marked pedestrian crosswalks shall be provided. These crosswalks must be emphasized by enriched paving or striping and include signage aimed at drivers in the drive-through lane.

(6)

Entrances to drive-through facilities shall be off-set at least 50 feet from an intersection. The distance shall be measured along the property line from the junction of the two sued right-of-way lines to the nearest edge of the entrance. Where a choice is possible, exits from facilities with a drive-through shall be onto collector or arterial streets rather than minor streets. Curb cut design shall be consistent with the additional provisions of section 19-283.

(c)

Conformance with the following standards for signage and lighting:

Menu boards or other informational boards at the window area, shall face away from public rights-of-way. Adequate directional signs shall be provided to assure smooth traffic circulation and pedestrian safety including marking entrances, exits and one way path of drive-through areas. The placement of all directional and street level advertising signage shall be subject to the review and approval of the development plan review committee to ensure that safe and efficient traffic circulation patterns and adequate sight distances will be maintained both within the street and them interior site parking area. The facility is subject to the signage standards of article VII, section 19-442. All lighting associated with the menu boards, window service area or site security, shall be directed and shielded to prevent any glare or reflection on adjoining streets or property.

(d)

Conformance with the following standards for litter and noise control:

(1)

Drive-through facilities are subject to the requirements of article IV, division 10, solid waste facilities, with regard to trash storage areas. The business shall be operated so that the premises, adjacent properties, and public areas or rights-of-way nearby are free of litter and trash originating from the site. In addition refuse receptacles for customer use shall be placed at appropriate locations along the end of drive-through areas.

(2)

Exterior loudspeakers shall not be used for advertising or entertainment. No outside loudspeaker system shall be installed within 50 feet of a residential use or district. Limitations on the hours of operation for the outdoor speaker system may be necessary in order to be compatible with neighboring residential uses. Outdoor speakers with a night time lower volume control are preferred.

(e)

Conformance with the following landscaping standards:

(1)

Conformance to the landscaping requirements of section 19-283.

(2)

Screen drive-through lanes from public rights-of-way and abutting residential properties;

(3)

Minimize the visual impact of reader boards and headlights of stacked cars; and

(4)

If applicable be part of the additional buffer requirements of section 19-137.

(f)

Conformance with the following fire protection standards:

(1)

Flammable and hazardous materials used in the conduct of a drive-through business shall be stored within the building or outside the building in accordance with section 5-28 of the revised East Providence ordinances. Proper care shall be exercised in the location of fuel storage containers to protect public safety.

(2)

Every business which utilizes drive-through service lanes must install a six-inch steel pipe, concrete filled, to be placed within two feet of the property's gas meter to protect such meters from being accidentally struck while vehicles are moving through the drive-through lane.

(Ch. 914, § I(Att.), 12-19-23)

Special use permit criteria. In cases where hotels and motels are allowable by special use permit in a district, the following criteria shall apply:

(a)

Compatibility with the neighboring transportation network as evidenced by:

(1)

Submission of a traffic impact study analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

a.

Analyses of roadways which may be influenced by the project; including adjacent roads and major intersections;

b.

Safety (accident data, sight distance, roadway conditions, etc.);

c.

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

d.

Existing volumes (traffic counting);

e.

Site-generated and future traffic;

f.

Planned transportation improvements, if any.

(b)

Compatibility with neighboring uses as evidenced by:

(1)

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent properties.

(2)

Submission of evidence that the proposed development's loading, trash management, lighting, noise, and other operations will not unduly disturb nearby residents.

(3)

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that development will not have a negative effect on adjacent properties or natural resources.

(4)

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that the development will not have a negative effect on adjacent properties or natural resources.

(5)

Submission of evidence, that any accessory activities, such as event and/or conference space, restaurants, bars, live music, and recreational facilities, will not disturb area residents. Information shall include, but not be limited to, proposed hours and scope of activities. The zoning board, or planning board in the case of Unified Development Review, may require the applicant to submit a noise analysis prepared by a professional acoustical engineer in cases where live music is proposed. Such a study shall analyze expected noise levels and shall include recommendations to mitigate any expected excessive noise.

(c)

Submission of evidence that adequate safety provisions for guests and employees will be provided as evidenced by the proposal's conformance with fire, building and health codes, and other relevant state and federal requirements.

(Ch. 918, § II, 5-7-24)