(a)

Purpose. The purpose of residential compound development is to provide for the private conservation of underdeveloped or fragile natural resource areas and to provide open space preservation by permitting limited residential building on such tracts of land.

(b)

General. Residential compound development shall be reviewed as a minor subdivision in accordance with provisions of chapter 32.

(c)

Use limitations and dimension requirements.

(1)

A compound shall include not more than three single-family dwelling units. One or more lots within the compound shall have at least 50 feet of road frontage if that lot or those lots was or were a preexisting lot(s) of record on July 1, 1967. If a lot or lots was or were created after July 1, 1967, 300 feet of road frontage on a public or private road or roads shall be required. A shared driveway shall be held in common. Two additional units that meet the definition of LMI may be added for a total of five units within the compound.

(2)

Restrictive covenants shall prohibit further division of land within the compound.

(3)

The only permitted use shall be single-family residential and uses customarily accessory to residences.

(4)

The minimum lot size for consideration shall be 30 acres.

(Ord. of 3-5-1998; Ord. of 10-8-2009, Pt. 1(B); Ord. of 11-9-2023(11))

This designation is characterized by nodes for commercial establishments to provide town-wide shopping and service needs. These may include retail, service, office and related activities, residential and municipal uses.

(1)

Purpose. The purpose of this section is to provide a procedure for the evaluation and approval of new integrated general business developments. The regulations are intended to promote developments which are compatible with surrounding areas and which incorporate buffers or transition areas to reduce potential negative impacts on agricultural or single-family residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a wide variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, to accommodate unique land uses, and to encourage creative approaches to development issues.

Foster encourages a coordinated design approach for development within the GB district with an emphasis on compatibility with the natural environment and surrounding land uses. This coordinated approach allows for a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development. It allows for planning of a land development project or development plan review and calculation of densities within the surrounding area in addition to on an individual lot-by-lot basis.

A coordinated design approach should:

a.

Break up the apparent mass and scale of large structures, and large paved parking areas, in order to ensure that such development is compatible with and does not detract from Foster's character, scale, and sense of place;

b.

Help integrate multi-use development with its surroundings;

c.

Promote and facilitate a safe and comfortable pedestrian scale environment;

d.

Encourage a mixture of uses and sizes of structures; and

e.

Provide safe and accessible parking areas, allowing for safe pedestrian movement.

It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process, which will include consideration and application of aspects of both the Foster land development and subdivision regulations and the Foster zoning ordinance.

Where the requirements of any part of this section may conflict with any other section of the Foster land development and subdivision regulations or the Foster zoning ordinance, this section shall prevail as to, or for, the general business development.

(2)

Applicability and procedure.

a.

General business developments are permitted in GB zones as set forth in article III and article IV of this zoning ordinance with the approval of and subject to possible conditions and restrictions imposed by the planning board or zoning board of review pursuant to this section.

b.

No general business development shall be undertaken nor any portion of such development be constructed until a plan for such development has been approved by the planning board in accordance with the procedures established by subsection (2)(d) of this section:

c.

Compatibility and interrelation of uses within the general business developments and coordination of traffic, utilities, parking, public wells, stormwater management, security, onsite wastewater treatment systems, storage, architecture, open space, infrastructure, and other needs, as well as the entire development's impact on the surrounding area and roadways mandate that the development be considered according to the procedures set forth in subsection (2)(d) of this section and approved, if appropriate, and developed as a whole. Phasing of construction may be permitted, as set forth in the land development and subdivision regulations, or as required by the planning board. Improvement guarantees shall be required as set forth in article VIII of the land development and subdivision regulations.

d.

Under this section, unless reviewed as a minor land development pursuant to G.L. § 45-23-32(19) and section 32-161 or waived pursuant to G.L. § 45-23-50(b), an application for a change of use, commercial or mixed use in the GB district shall follow procedures for formal or administrative development plan review, according to section 38-191 and either section 38-394 or section 38-395.

An application for a residential use exceeding a single-family residence shall be reviewed as minor land development. If the application exceeds the standards for minor land development review, the application shall be reviewed as a major land development. Subdivisions shall be reviewed as minor or major subdivisions depending on the number of buildable lots created.

(3)

Single-family dwelling exemption. Notwithstanding the foregoing, development of new single-family dwellings or exterior alterations, exterior additions and exterior changes, if made to a single-family dwelling, shall be exempt from the regulations of this section.

(4)

Additional site plan requirements. In addition to the site plan requirements of the applicable review section as listed in subsection (2)(d) of this section, the following materials shall be included in the application.

a.

Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

b.

Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

c.

Dimension and location of existing and proposed buildings and structures;

d.

Existing topography, including any proposed grade changes;

e.

Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

f.

Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by, a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-1 50-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

g.

Provisions for sanitary sewerage and water supply, including fire protection measures;

h.

Location of all utilities, signage, outdoor storage and trash disposal areas;

i.

Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

(5)

Minimum land area.

a.

A planned unit development shall consist of not less than 50,000 square feet of land area which may be developed into mixed use and commercial units as set forth in article II; and subsection 38-131(3); of Foster's zoning ordinance.

b.

Once a planned unit development has been approved, all land area shown on the plan submitted as part of said planned unit development application, including those areas designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express written consent of the planning board. The board may allow subsequent withdrawal of land from a development, after an appropriate hearing, when such withdrawal will not violate the purpose and intent of this chapter or impair the previously approved plan.

(6)

Uses.

a.

Generally.

1.

Uses are categorized as "permitted use," "administrative development plan review," "land development project," "formal development plan review," "special use permit," and "prohibited use." The planning board or administrative officer may, at its sole option, impose conditions on any development plan approval; on any land development project approval; or on any special use permit or variance requiring approval under chapter 32 or development plan review.

2.

Designation as a special use, development plan review use or a land development project does not constitute an authorization or an assurance that such use will be permitted without conditions within the planned development. Rather, each application for a special use development plan review use or a land development project shall be evaluated as to its internal consistency with the intent of the proposed GB development, and its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the town; and may be approved or denied as the findings of fact indicate appropriate.

3.

Nothing herein contained shall preclude the planning board from requiring multiple conditions for a proposal or from granting one or more special uses, development plan review uses or land development project uses upon the implementation or completion of one portion of a project, during the master plan, preliminary plan, and/or final plan review stages of the application for a planned development or during the special use permit review of the application, as appropriate. Unless phasing of construction is permitted as referenced in subsection (2)(c) of this section, the development must be completed as a whole according to the final planning board approval for a planned development.

4.

Items to be considered when evaluating a special use development plan review or land development project include, but are not limited to, the following:

i.

The desired use will not be detrimental to the intent of the planned unit development or to the surrounding area;

ii.

It will be compatible with existing and proposed uses within the planned unit development, as well as neighboring land uses;

iii.

It will not create a nuisance or a hazard in the neighborhood;

iv.

Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

v.

Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

vi.

Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

vii.

Solar rights of the abutters are provided for;

viii.

Architectural compatibility within the development and with the surrounding area is illustrated;

ix.

The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

x.

The health, safety, and welfare of the community are protected;

xi.

Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

xii.

Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

xiii.

Applicant shall demonstrate how the development will utilize shared parking, and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

5.

Before being granted a special use permit, land development project or development plan review by the zoning board of review or the planning board, the applicant must show how its application complies with article VII of this chapter, article IX of this chapter, article VIII of this chapter, article V of chapter 32 and/or article VI of chapter 32 in Foster's zoning or subdivision ordinance, whichever is applicable.

b.

Mixed uses. Nothing contained in this section shall be construed to prevent or discourage the institution or maintenance of two or more uses on any one lot or within any one building in a general business development and a mix of compatible uses are to be encouraged throughout a general business development.

(7)

Decision. Development standards for general business approval shall be granted upon the determination of the planning board that the application meets the objectives cited herein. The planning board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of this chapter and chapter 32, subdivision regulations. New building construction or other site alteration shall be designed after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:

a.

Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;

b.

Maximize pedestrian and vehicular safety on the site and egress to and from the site;

c.

Minimize obstruction of scenic views from publicly accessible locations;

d.

Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned;

e.

Minimize glare from headlights and lighting intrusion;

f.

Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;

g.

Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling or containment of hazardous substances; and

h.

Ensure compliance with the provisions of this section, including parking, landscaping, exterior lighting and noise.

(8)

Post-approval modifications. Once development standards for general business approval have been granted by the planning board, any subsequent changes in which the zoning enforcement officer has determined will substantially affect or alter the visual appearance of the building facade or roof or will substantially affect or alter traffic flow or modify the site plan, a new application shall be submitted pursuant to this section.

(9)

Expiration. The approval of a plan meeting the development standards for general business approval shall expire pursuant to timeframes provided under the type of review which the plan was reviewed.

(Ord. of 9-9-2010, art. VIII, § 3; Ord. of 4-28-2016; Ord. of 2-8-2024(12))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-357 to read as herein set out. The former § 38-357 title pertained to development standards for general business mixed use (GBM) development.

This designation contains nodes for commercial establishments to provide industry and service needs. Residential uses are prevalent in this designation. Commercial uses may include retail, service, office, manufacturing, industrial, and related activities. Residential uses may be single-family, multi-family, age restricted community, or homeowners association. Agricultural and municipal uses are permitted.

(1)

Purpose. The purpose of this section is to provide individual detailed review of uses and structures which have an impact upon the character of the town. In this section procedures are provided for the evaluation and approval of new integrated highway commercial developments. The regulations are intended to promote developments which are compatible with surrounding areas, and which incorporate buffers or transition areas to reduce potential negative impacts on agricultural or residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, to accommodate unique land uses, and to encourage creative approaches to development issues.

Foster encourages a coordinated design approach for development within the HC2 district with an emphasis on compatibility with the natural environment and surrounding land uses. This coordinated approach allows for a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development. It allows for planning of a land development project or development plan review and calculation of densities within the surrounding area in addition to on an individual lot-by-lot basis.

A coordinated design approach should:

a.

Break up the apparent mass and scale of large structures, and large paved parking areas, in order to ensure that such development is compatible with and does not detract from Foster's character, scale, and sense of place;

b.

Help integrate multi-use development with its surroundings;

c.

Encourage a mixture of uses and sizes of structures;

d.

Meet applicable building and safety codes;

e.

Not significantly alter the surrounding natural environment;

f.

Secure an adequate stormwater runoff management and soil erosion plan; and

g.

Preserve significant natural and historic characteristics.

It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process, which will include consideration and application of aspects of both chapter 32 and chapter 38.

Where the requirements of any part of this section may conflict with any other section of chapter 32 or chapter 38, this section shall prevail as to, or for, the highway commercial development.

(2)

Applicability and procedure.

a.

Highway commercial developments are permitted in HC2 zones as set forth in article III and article IV of this chapter with the approval of and subject to possible conditions and restrictions imposed by the planning board pursuant to this section.

b.

No highway commercial development shall be undertaken, nor any portion of such development be constructed until a plan for such development has been approved by the planning board in accordance with the procedures established by subsection (2)(d) of this section:

c.

Compatibility and interrelation of uses within the highway commercial developments and coordination of traffic, parking, stormwater management, security, on-site wastewater treatment systems, storage, architecture, open space, infrastructure, and other needs, as well as the entire development's impact on the surrounding area and roadways. The development shall be considered according to the procedures set forth in subsection (2)(d) of this section and approved, if appropriate, and developed as a whole. Phasing of construction may be permitted, as set forth in the land development and subdivision regulations, or as required by the planning board. Improvement guarantees shall be required as set forth in article VIII of the land development and subdivision regulations.

d.

Under this section, unless reviewed as a minor land development pursuant to G.L. § 45-23-32(19) and subsection 32-161(3)(i) or waived pursuant to G.L. § 45-23-50(b), an application for commercial or mixed use in the HC2 district shall follow procedures for formal or administrative development plan review, according to section 38-191 and either section 38-394 or section 38-395.

An application for a residential use exceeding a single-family residence shall be reviewed as minor land development. If the application exceeds the standards for minor land development review, the application shall be reviewed as a major land development. Subdivisions shall be reviewed as minor or major subdivisions depending on the number of buildable lots created.

(3)

Single-family dwelling exemption. Notwithstanding the foregoing, development of single-family dwellings or exterior alterations, exterior additions and exterior changes, if made to a single-family dwelling, shall be exempt from the regulations of this section.

(4)

Additional site plan requirements. In addition to the site plan requirements of the applicable review section as listed in subsection (2)(d) of this section, the following materials shall be included in the application.

a.

Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

b.

Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

c.

Dimension and location of existing and proposed buildings and structures;

d.

Existing topography, including any proposed grade changes;

e.

Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

f.

Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

g.

Provisions for sanitary sewerage and water supply, including fire protection measures;

h.

Location of all utilities, signage, outdoor storage and trash disposal areas;

i.

Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

(5)

Environmental impact and design standards (EIDS). The following standards shall be utilized by the planning board to review and evaluate all applications pursuant to this section. These standards are intended to provide a frame of reference for the applicant in the development of their project and building plans as well as criteria for review by the planning board. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards of review outlined in this section shall also apply to all accessory buildings, structures, signs and other site features, however related to the principal buildings or structures.

a.

Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable. Tree and soil removal shall be minimized, and any grade changes shall be consistent with the general appearance of neighboring developed areas. Due regard shall be given to the attractive utilization of the natural features of the area, including trees, woods, streams and ponds. All open areas which cannot be preserved in their natural state shall be replanted as far as practicable with as many trees and plantings as previously existed.

b.

Relation of buildings to environment. The proposed development shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed building. The planning board may require a modification in massing so as to reduce the effect of shadows on abutting property, public open space or streets.

c.

Open space. All open space shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

d.

Circulation, traffic impact and alternative means of transportation. With respect to vehicular and pedestrian circulation and traffic, including entrances, ramps, walkways, drives and parking, special attention shall be given to location, number and function of access points to the public streets (especially in relation to existing traffic flow, traffic controls and mass transit facilities), width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities, the arrangement, safety and convenience of both vehicle parking areas and the effect thereof upon the use and enjoyment of proposed buildings and structures and the neighboring properties, and the traffic impact of the proposed development on nearby public and private streets.

e.

Stormwater drainage and erosion control. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system, and so as to minimize any adverse impact upon nearby "downstream" properties. Stormwater shall be removed from all roofs, canopies and paved areas in a manner complying with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management.

f.

[Surface water collection.] Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved area. Erosion and sediment controls must be implemented to prevent any negative impacts during construction or other land disturbance activities. Permanent post-development erosion controls must be implemented and maintained where necessary.

g.

Advertising features. The size, location, design, color texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the use and enjoyment of proposed buildings and structures and the surrounding properties and must comply with sign and lighting ordinances.

h.

Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. All towers, antennas and poles shall be sited, designed and sized to have minimal visual impact on nearby properties.

i.

Safety. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and maximize accessibility by fire; police and other emergency personnel and equipment. Insofar as practicable, all exterior spaces and interior public and semi-public spaces shall be designed to minimize the fear and probability of personal harm or injury by increasing the potential surveillance by neighboring residents and passersby of an accident or attempted criminal act. Traffic to and from any facility shall not cause safety hazards or increased congestion in nearby residential neighborhoods.

j.

Heritage. With respect to the town's heritage, removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. Applicants shall follow the requirements of G.L. §§ 23-18-11 and 23-18-11.1 where applicable.

k.

Microclimate. With respect to the localized climatic characteristics of a given area, any development which proposes new structures, new hard-surface ground coverage or the installation of machinery which emits heat, vapor or fumes, shall endeavor to minimize, insofar as practicable, any adverse impact on light, air and water resources or on noise and temperature levels of the immediate environment.

l.

Energy efficiency. To the maximum extent reasonably practicable, proposals shall utilize energy-efficient technology and renewable energy resources and shall adhere to the principles of energy-conscious design with regard to orientation, building materials, shading, landscaping and other elements. Efforts shall be made to harmonize energy-related components with the character of the building and its surroundings and to prevent adverse effects on the energy consumption of neighboring structures and on the environment.

m.

Detrimental effects. No proposed facility shall be detrimental to the health, safety or welfare of persons working or living in the neighborhood, or by reason of danger of fire or explosion, environmental pollution, corrosion, toxic or noxious fumes, gas, smoke, soot, dust, odors, noise or vibrations or other hazards.

n.

Nearby properties. Nearby properties shall be protected against detrimental uses on the site.

o.

Air quality. Any use whose emissions are such as to cause it to be classified as a major new stationary source of air pollution, as defined by the Environmental Protection Agency (EPA) under the Clean Air Act, and any use required to apply to the Rhode Island Department of Environmental Management under 250-RICR-120-05-0 et al. or to EPA under Section 112 of the Clean Air Act for permission to emit asbestos, benzene, beryllium, mercury, vinyl chloride, or radionuclides shall be permitted only upon determination by the planning board that compliance with the requirements of those agencies is assured, and that health and safety are adequately protected.

p.

Plants and animals. Location and design shall not cause avoidable damage to wildlife habitats or corridors, or to any plant species listed on the Rhode Island Natural Heritage List established by the Rhode Island Natural History Survey (for plants, animals, natural communities, and natural heritage areas (as provided by Rhode Island Geographic Information Systems)), or to any tree with more than a 24-inch trunk diameter one foot above grade. An application for a special use permit or development plan review must include documentation to the planning board of having consulted with Rhode Island Department of Environmental Management and the Rhode Island Natural Heritage Survey regarding these considerations, and that the proposed site either contains no such habitats or materials, or that all feasible efforts to avoid, minimize or compensate for damage have been reflected in the development proposal.

q.

Vibration. Except for blasting and other activities within the jurisdiction of the Rhode Island Fire Safety Code Board of Appeal and Review, no use shall be allowed which produces vibration at or beyond the boundaries of the premises exceeding two-thirds the blasting and seismograph limitations established by G.L. § 23-28.28-9 et al. for three minutes or more in any hour between 7:00 a.m. and 9:00 p.m. or for 30 seconds or more in any hour between 9:00 p.m. and 7:00 a.m.

r.

Electrical disturbances. No EMF emission shall be permitted which adversely affects the operation of any equipment on other properties.

s.

Historic and archaeological sites. Location and design shall not cause avoidable damage or impairment to the historic or archaeological value of buildings on sites recorded on the Rhode Island Register of Historic Places. An application for a special permit shall submit documentation that either the site does not contain or impact such buildings or sites, or that any potential damage or impairment has been effectively mitigated.

t.

Solid waste. Each development must document arrangements for satisfactory disposal of tree stumps and debris resulting from construction and must make permanent arrangement for satisfactory on-site storage of refuse pending its removal, such storage to be screened from public view, secure from vermin, birds or other animals, and located to present minimal hazard in the event of fire and minimal threat to water quality in the event of container failure.

u.

Water quality. Each development must document arrangements for adequate safeguards for protecting the integrity of groundwater quality.

(6)

Minimum land area.

a.

A planned development shall consist of not less than 200,000 square feet of land area which may be developed into a combination of uses on multiple lots, a mixed use development, commercial, or residential units as set forth in subsection 38-131(4); of this chapter.

b.

Once a planned development has been approved, all land area shown on the plan submitted as part of said planned development application, including those areas designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express written consent of the planning board. The board may allow subsequent withdrawal of land from a development, after an appropriate hearing, when such withdrawal will not violate the purpose and intent of this chapter or impair the previously approved plan.

(7)

Uses.

a.

Generally.

1.

Uses are categorized as "permitted use," "administrative development plan review," "land development project," "formal development plan review," "special use permit" and "prohibited use." The planning board or administrative officer may, at its sole option, impose conditions on any development plan approval; on any land development project approval; on any special use permit proposal or on any variance approval under chapter 32 or development plan review.

2.

Designation as a special use, development plan review use or a land development project does not constitute an authorization or an assurance that such use will be permitted without conditions within the planned development. Rather, each application for a special use, development plan review use or a land development project use shall be evaluated as to its internal consistency with the intent of the proposed HC2 development, and its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the town; and may be approved or denied as the findings of fact indicate appropriate.

3.

Nothing herein contained shall preclude the planning board from requiring multiple conditions for a proposal or from granting one or more special uses, development plan review uses or land development project uses during the master plan, preliminary plan, and/or final plan review stages of the application for a planned development or during the review of the application, as appropriate. Unless phasing of construction is permitted as referenced in subsection (2)(c) of this section, the development must be completed as a whole according to the final planning board approval for a planned development.

4.

Items to be considered when evaluating a land development project or development plan review include, but are not limited to, the following:

i.

The desired use will not be detrimental to the intent of the planned development or to the surrounding area;

ii.

It will be compatible with existing and proposed uses within the planned development, as well as neighboring land uses;

iii.

It will not create a nuisance or a hazard in the neighborhood;

iv.

Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

v.

Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

vi.

Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

vii.

Solar rights of the abutters are provided for;

viii.

Architectural compatibility within the development and with the surrounding area is illustrated;

ix.

The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

x.

The health, safety, and welfare of the community are protected;

xi.

Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

xii.

Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

xiii.

Applicant shall demonstrate how the development will utilize shared parking and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

5.

Before being granted a special use permit, land development project or development plan review by the zoning board of review or the planning board, the applicant must show how its application complies with article VII of this chapter, article IX of this chapter, article VIII of this chapter, article V of chapter 32 or article VI of chapter 32 in Foster's zoning and/or subdivision ordinance, whichever is applicable.

i.

Mixed uses. Nothing contained in this section shall be construed to prevent or discourage the institution or maintenance of two or more uses on any one lot or within any one building in a highway commercial development. A development plan review application for two commercial uses or operations in the same building or on the same lot shall be accompanied by a use variance application. A mix of compatible uses are to be encouraged throughout a highway commercial development. The institution or maintenance of two or more uses on any one lot or within any one building is permitted as approved by Rhode Island Department of Environmental Management based on the soils.

(8)

Decision. Development standards for highway commercial approval shall be granted upon the determination of the planning board that the application meets the objectives cited herein. The planning board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of this chapter and chapter 32, subdivision regulations. New building construction or other site alteration shall be designed after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:

a.

Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;

b.

Maximize pedestrian and vehicular safety on the site and egress to and from the site;

c.

Minimize obstruction of scenic views from publicly accessible locations;

d.

Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned;

e.

Minimize glare from headlights and lighting intrusion;

f.

Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;

g.

Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling or containment of hazardous substances; and

h.

Ensure compliance with the provisions of this section, including parking, landscaping, exterior lighting and noise.

(9)

Post-approval modifications. Once development standards for highway commercial approval have been granted by the planning board, any subsequent changes in which the zoning enforcement officer has determined will substantially affect or alter the visual appearance of the building facade or roof or will substantially affect or alter traffic flow or modify the site plan, a new application shall be submitted pursuant to this section.

(10)

Expiration. The approval of a plan meeting the development standards for highway commercial approval shall expire pursuant to timeframes provided under the type of review which the plan was reviewed.

(Ord. of 2-8-2024(13))

(a)

Applications. Applications for uses permitted as a land development project in section 38-191 and applications which are filed under the provisions of article V or article VI of chapter 32 shall be reviewed in accordance with the procedures established by G.L. § 45-23, including those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, whether or not the land development project constitutes a "subdivision," as defined in G.L. § 45-23.

A residential or commercial project meeting the criteria for a minor land development as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a minor land development project. Pursuant to G.L. § 45-23-32(19)(ii), a residential project that exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a major land development project. Pursuant to G.L. § 45-23-32(9), a commercial project which exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a formal or administrative development plan review, whichever is applicable.

All land development projects exceeding a single family residence, and/or projects for multiple uses, units, or structures shall be subject to the regulations of this section. Comprehensive permit applications shall be reviewed under article X of chapter 32 and shall be subject to the regulations of this section. Density bonuses associated with comprehensive permit applications are found in subsection (e) of this section.

(b)

Commencement of work, authority to grant zoning incentives. No land development project shall be initiated until a plan of the project has been submitted to the planning board or administrative officer and approval has been granted by the planning board or administrative officer. In reviewing, hearing, and deciding upon a land development project, the planning board or administrative officer is empowered to allow zoning incentives within the project as are described in this section and is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.

(c)

Applications subject to regulations of this section. Unless otherwise specified in this chapter, review of developments of multifamily residential structures and/or projects for multiple uses, units, or structures shall be reviewed under the regulations of this section.

(d)

Regulations.

(1)

Permitted uses within a land development exceeding a single-family residence. Permitted uses within a land development exceeding a single-family residence that is not filed as a comprehensive permit application shall be as follows:

a.

Multi-family structure(s), multi-lot subdivisions, and/or projects for multiple uses, units, or structures, uses of land specified in section 38-191 and several accessory uses may be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, office uses, restaurant and entertainment uses, retail uses, storage uses, recreational uses, home occupations and, professional offices.

(2)

Number of commercial uses—Mixed use. There shall not be more than three nonresidential uses in any mixed use development.

(3)

Roads. After August 1, 2024, all roads created or extended by subdivision or land development shall be privately created, owned and maintained. See articles VII and IX of chapter 32.

(e)

Density bonuses.

(1)

Senior citizen group dwellings—Building coverage. For senior citizen group dwellings located on properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the maximum building coverage shall be increased to 25 percent of the lot size in any district which permits senior citizen group dwellings if any unit in the development is an "affordable housing" unit as defined in G.L. § 42-128-8.1, or, in the case of a comprehensive permit application, the maximum building coverage shall be afforded the density bonus per acre listed in subsection 32-316(2)(3)(4) as is applicable.

(2)

Comprehensive permit density bonuses. Multi-unit residential or mixed use structures shall be allowed a density bonus of up to a minimum of three units per acre and a maximum of eight units per acre for LMI housing as approved by RI DEM based on the soils. See subsection 32-316(2)(3)(4).

(3)

Comprehensive permit zoning incentives. See subsection 32-316(5)(6)(7) for parking, bedrooms and floor area zoning incentives.

(4)

Residential compound density bonus. For residential compounds, a compound shall include not more than three single-family dwelling units having frontage in common on a public or private road or roads and sharing a driveway held in common. Two additional units that meet the definition of LMI may be added for a total of five units within the compound.

(f)

Special conditions. The planning board or administrative officer shall be empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of this chapter or chapter 32. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Ensuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(g)

Uses in HC2 district. Any use reviewed as a land development project which is located in the HC2 district shall be subject to all applicable subsections under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards.

(h)

Extension or enlargement. The planning board may not extend or enlarge a land development project approval except by granting a new land development project approval.

(i)

Dedication of open space for public or common use. See section 32-110 for requirements regarding dedication of land for public purposes.

(j)

Options for open space for public or common use. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid, open space within a land development project for public or common use shall:

(1)

Be conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified use or uses; or

(2)

Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

(3)

Be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units.

(k)

Land dedicated for public or common use not dedicated to the town. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid and where land is not conveyed to the town:

(1)

A restriction, in perpetuity, enforceable by the town or by any owner of property in the land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed for accessory uses such as parking or roadway; and

(2)

The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.

(l)

All open space land provided by a land development project shall be subject to a community approved management plan that will specify the permitted uses for the open space.

(m)

Applications requesting relief from the zoning ordinance. Applications requesting relief from the zoning ordinance in the form of a special use permit or a variance shall be reviewed by the planning board, pursuant to section 32-46 and section 38-325.

(n)

Additional site plan requirements.

(1)

Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

(2)

Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

(3)

Dimension and location of existing and proposed buildings and structures;

(4)

Existing topography, including any proposed grade changes;

(5)

Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

(6)

Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

(7)

Provisions for sanitary sewerage and water supply, including fire protection measures;

(8)

Location of all utilities, signage, outdoor storage and trash disposal areas;

(9)

Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

(o)

Additional items to consider. Items to be considered when evaluating a land development project include, but are not limited to, the following:

(1)

The desired use will not be detrimental to the intent of the planned development or to the surrounding area;

(2)

It will be compatible with existing and proposed uses within the planned development, as well as neighboring land uses;

(3)

It will not create a nuisance or a hazard in the neighborhood;

(4)

Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

(5)

Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

(6)

Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

(7)

Solar rights of the abutters are provided for;

(8)

Architectural compatibility within the development and with the surrounding area is illustrated;

(9)

The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

(10)

The health, safety, and welfare of the community are protected;

(11)

Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

(12)

Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

(13)

Applicant shall demonstrate how the development will utilize shared parking and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

(p)

Commencement of construction/project; vested rights—Substantial completion. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 2-22-2024(23))

Pursuant to G.L. § 45-24-37(h), notwithstanding any other provisions of this chapter, 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 reuse 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.

(1)

Parking. Adaptive reuse developments shall require one parking space per dwelling unit.

(2)

Density. For projects that meet the following criteria, high density development is permitted. Fifteen dwelling units per acre shall be permitted:

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 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.

(3)

Density for developments not meeting the above criteria. For all other adaptive reuse projects, the residential density permitted in the converted structure shall meet the density requirements set forth in section 38-281, or the dimensional requirements set forth for a single-family residence in the district in which the property is located, whichever is applicable. The converted structure shall have access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable. The density proposed shall be determined to meet all public health and safety standards.

(4)

Nonconforming provisions. See section 38-239 for nonconforming provisions.

(Ord. of 1-25-2024(5))