Glocester City Zoning Code
ARTICLE VII
Special Regulations
§ 350-42 Yard exceptions.
In the agricultural, residential, commercial and industrial districts the space in a required front, side or rear yard shall be open and unobstructed by buildings or structures with the following exceptions:
A.
Projections of cornices and other ornamental features may extend not more than three feet into a yard.
B.
Landscape features such as trees, fences, poles, shrubs and terraces may be placed in any yard area, subject to provisions of § 350-45.
C.
A structure accessory to a permitted use may cover up to 25% of a side or rear yard area but may be placed no closer than 10 feet to a lot line.
D.
Unenclosed porches or platforms may extend or project into the rear or side yard not more than 15 feet.
E.
In commercial and industrial districts an outdoor telephone booth may be located in a front yard area, provided it is within 100 feet of an off-street parking facility.
§ 350-43 Number of structures.
No more than one structure used for residential purposes shall be built upon any single lot in any A or R District.
§ 350-44 Vision clearance at corners.
[Amended 12-20-2012, effective 1-23-2013]
On any corner lot and at street intersections in all districts, no wall, fence, structure or building shall be erected, and no hedge, tree, shrub or other vegetation shall be maintained, between the heights of 2 1/2 and 10 feet above street level within the triangle formed by the two street lines and a third line joining points on the street lines 30 feet from the intersection of street lines.
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§ 350-45 Height exceptions.
Church spires, towers or belfries, steeples, flagpoles, chimneys, radio or television antennas, barns, silos or other similar structures which are in no way used for living or advertising purposes may be erected above the maximum height of buildings permitted in each district.
§ 350-46 Solar energy systems. [1]
[Amended 12-15-2016, effective 12-15-2016; 11-1-2018, effective 11-1-2018]
A.
Purpose. The purpose of this section is to regulate the creation of new solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the neighborhoods in which they are located and are consistent with the Comprehensive Plan of the Town of Glocester.
B.
Applicability. The provisions of this section shall apply to construction, operation, expansion and/or repair of any solar energy system in the Town of Glocester.
C. CONTAMINATED SITE PENDING REMEDIATION CONTAMINATED SITE SOLAR ENERGY SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM LARGE-SCALE SOLAR ENERGY SYSTEM MEDIUM-SCALE SOLAR ENERGY SYSTEM REMEDIATED CONTAMINATION SITE ROOF-MOUNTED SOLAR ENERGY SYSTEM SMALL-SCALE SOLAR ENERGY SYSTEM SOLAR CANOPY SOLAR ENERGY SYSTEM SOLAR LAND COVERAGE SOLAR TRACKER SYSTEM UTILITY-SCALE SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
A site at which a hazardous material contamination that would result in restricted use of the property has been identified and verified by the Rhode Island Department of Environmental Management (RIDEM) through issuance of a "program letter," but which has not yet been remediated to the satisfaction of RIDEM.
A solar energy system located on a contaminated site pending remediation or a remediated contamination site.
A solar energy system that is structurally appended to the ground and is not supported to a structure or building.
A solar energy system that has a solar land coverage of 40,000 square feet up to 200,000 square feet.
A solar energy system that has a solar land coverage of more than 1,750 square feet but less than 40,000 square feet.
A site on which a hazardous material contamination was identified, remediation activities were performed, and use of the property was restricted, and for which the RIDEM has issued a "letter of compliance" or an "interim letter of compliance."
A solar energy system that is structurally appended to the roof of a building or structure.
A solar energy system that has a solar land coverage of 1,750 square feet or less. This can also include a solar tracker system provided it meets the same square footage requirements.
A solar energy system that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.
The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional carbon-based source of energy such as petroleum or natural gas. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems.
The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other area within the required perimeter security fencing.
Solar panels that are mounted to a racking system and utilize a small motor allowing the panels to move and follow the sun.
A solar energy system that has a solar land coverage of more than 200,000 square feet. Solar energy systems with a solar land coverage greater than 20 acres are prohibited.
D.
All solar energy systems are strongly encouraged to be located on rooftops. Rooftop solar energy systems of any size are permitted by right in all zones and shall not exceed the maximum height for the applicable zoning district. This does not apply to solar canopies. Solar energy systems are also encouraged on existing contaminated sites, gravel banks, quarries, parking lots and in existing industrial zones. To encourage solar development in the aforementioned locations, the solar land coverage requirement in Subsection J(3) may be increased to 50% of the land suitable for development if it can be demonstrated to the Planning Board that the remaining performance standards can be met and the modification of the solar land coverage requirement would not negatively impact adjacent property owners and is consistent with the Glocester Community Comprehensive Plan. In addition all solar energy systems shall:
(1)
Meet all requirements of the State Building and Fire Codes, obtain a building permit, and be inspected by a Town building inspector.
(2)
Comply with the State and National Electric Code, current edition.
(3)
Include a UL listing or equivalent.
(4)
Be set back at least three feet from the roof edge on all sides, when roof mounted.
(5)
Be prohibited on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allow the installation of a solar energy system, or shall receive approval for the disturbance of such lands by the holder(s) of the easement or restriction.
(6)
Be designed and located to prevent reflective glare toward any inhabited building or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
(7)
Minimize regrading. No removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance of a solar energy system. Any topsoil that must be removed shall be stored and stabilized on-site for future use. In no case shall soil be exported from the site.
(8)
Minimize clearing of natural vegetation from the site of the solar energy system. Clearing shall be limited to what is necessary for the construction, operation and maintenance of the facility. Vegetative cover shall be maintained to prevent soil erosion. Pollinator-friendly seed mixes and native plants shall be used to the maximum extent possible.
E.
Solar canopy. A solar canopy is permitted in the B-1, B-2 and I zones and on all municipally owned property over a parking lot, driveway or walkway provided such solar energy system meets the following:
(1)
Location: Solar canopies shall be located over parking lots, driveways or walkways.
(2)
All solar canopies shall meet all applicable zone requirements including but not limited to lighting, setbacks and signage.
(4)
Large- and utility-scale solar canopies are not permitted.
[Amended 12-7-2023, effective 12-7-2023]
F.
Small-scale solar energy system. A small-scale ground-mounted solar energy system is permitted in all zones as an accessory structure provided such solar system meets the following:
(1)
Location. Ground-mounted solar energy system shall be located in the side or rear yard of the lot.
(2)
Height. Ground-mounted solar installations shall not exceed 12 feet in height. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
(3)
All ground-mounted solar energy systems shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and total lot coverage.
(4)
Screening. Ground-mounted solar energy systems shall maintain a twenty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
G.
Medium-scale solar energy system. A medium-scale ground-mounted solar energy system is permitted in all zones except the Village Overlay District and Village Overlay Center District provided such solar energy system meets the following:
H.
Large-scale, solar energy system. A large-scale ground-mounted solar energy system is not permitted.
[Amended 12-7-2023, effective 12-7-2023]
I.
Utility-scale solar energy system. A utility-scale ground-mounted solar energy system is not permitted.
[Amended 12-7-2023, effective 12-7-2023]
J.
Performance standards.
(2)
Setbacks.
(a)
All medium- and large-scale ground-mounted solar energy systems in the A-4, A-3, and R-2 zone shall maintain a 300-foot undisturbed setback from any roadway or property line.
(b)
All utility-scale ground-mounted solar energy systems in the A-4 or A-3 zone shall maintain a 500-foot undisturbed setback from any roadway and a 300-foot undisturbed setback from any side or rear property line.
(c)
All solar energy systems in the B-2, B-1 and I zones shall meet the setbacks of the applicable zoning district unless the parcel abuts property zoned A-4, A-3, or R-2, then the 300-foot undisturbed setback shall be required along the property line abutting the A-4, A-3, or R-2 zoned property.
(d)
The Planning Board may allow encroachment into the setback area for ground-mounted solar energy systems where panels will cross the property lines of one or more properties. The encroachment is permitted only when such design will lead to a seamless installation of the solar energy system, minimize clearing, and maximize screening from the roadway and/or neighboring properties.
(e)
Solar canopies shall meet the setbacks of the applicable zoning district.
(3)
Solar land coverage.
(a)
In the A-4, A-3 and R-2 zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 15% of the land suitable for development of the lot.
(b)
In the B-1 and B-2 zone, solar land coverage plus any additional or existing structures on the lot shall not exceed 25% of the land suitable for development of the lot.
(c)
In the I zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 30% of the land suitable for development of the lot.
(d)
Solar canopies are exempt from the solar land coverage requirements.
(4)
Screening. Ground-mounted solar energy systems shall be sited and designed to minimize the aesthetic effect on view sheds within the community. The design shall incorporate landscaping and design elements to visually screen the solar energy system from view from public roads and adjoining properties with dense, opaque vegetation.
(a)
In addition to the required undisturbed setback outlined in Subsection J(2), all medium-, large- and utility-scale solar energy systems shall maintain a minimum fifty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
(b)
While not subject to the setbacks outlined in Subsection J(2), the driveway accessing a solar energy system shall require the buffer outlined above when within 100 feet of a property line.
(c)
A vegetated buffer plan prepared by a RI licensed landscape architect shall be required at the preliminary plan review stage. The landscape architect shall verify that the vegetated buffer is adequate to thoroughly screen the solar energy system year round. The vegetated buffer plan shall use plants to the extent feasible from the RI Native Plant database or plants used for agricultural purposes that can effectively screen any visual impacts.
(d)
As part of the major land development process, the Planning Board may alter this width dependent on any unique site characteristics such as slope, open fields, wetlands, etc.
(e)
Solar canopies are exempt from these requirements.
(f)
The required screening shall be maintained for the life of the solar energy system. The property owner shall be required to replant any section of the buffer found to not meet the requirements of this section as determined by the Zoning Official.
(5)
Forest impacts.
(a)
No more than 30% of the forested area of any lot in the A-4, A-3, and R-2 zones shall be cleared for the purpose of installing solar energy systems.
(b)
All stumps from the cleared area must be removed, disposed of off-site or ground on-site after removal. Otherwise clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the solar energy system or otherwise prescribed by applicable laws, regulations, and ordinances.
(c)
Solar energy systems are encouraged to utilize shade pruning rather than clear cutting where feasible.
(d)
Any applicant proposing a solar energy system that includes clearing more than 40,000 square feet of forested area shall assess the impacts of the forest loss and how the impacts can be mitigated. At a minimum, the following issues must be addressed: water quality, habitat, carbon sequestration and storage and adjacent properties.
(6)
Lighting. Lighting of solar energy systems shall be limited to requirements for safety and operation and shall not shine light onto abutting properties or shine above in order to minimize light pollution.
(7)
Noise. The Planning Board may require applicants for large- and utility-scale solar energy systems to submit a noise study as part of their application. The noise study shall assess the potential impacts of any off-site noise receptors due to sound emitted by the solar energy system. The noise study is required to demonstrate that the system, as designed, does not exceed a 40-decibel noise level at the property lines.
(8)
Distribution lines. To the extent practical, all new distribution lines to any building or utility connection shall be located below ground. An executed interconnection service agreement with a utility company is required prior to final approval of any medium-, large- or utility-scale ground-mounted solar energy system.
(9)
Security fencing.
(a)
A minimum six-foot security fence shall surround the perimeter of the solar energy system.
(b)
Barbed wire fencing is prohibited.
(c)
The fence shall be at least eight inches off the ground to allow small animals to pass underneath.
(d)
New fences shall be flagged to protect both the fencing and wildlife for at least six months.
(e)
Solar canopies are exempt from this requirement.
(10)
Emergency access. Accessibility for emergency services vehicles, approved by the applicable Fire Department is required.
(11)
Signage.
(a)
No signage is permitted on solar energy system fencing except for a sign displaying the facility name, address and emergency contact information.
(b)
Signs such as no trespassing, warning or danger signs are allowed as needed to ensure the safety of individuals who may come in contact with the system.
(12)
Transmission lines. Applicants must provide a thorough explanation of any transmission line access or upgrade required by the project, including but not limited to the route starting and ending points, potential impacts to street trees, and right-of-way width.
(13)
Electrical substations. Applicants must provide a thorough explanation of any new or proposed upgrades to electrical substations including but not limited to location, screening, setbacks and noise impacts.
(14)
Erosion and sediment control. Every effort should be made to minimize changes to existing topography and hydrology. Site alterations must conform to the most recent edition of the RI Stormwater Design and Installation Standards Manual and the RI Soil Erosion and Sediment Control handbook, as well as applicable town regulations. All applicable erosion and sediment controls must be in place before construction, including site work, begins.
(16)
Operation and maintenance plan. Medium-, large- and utility-scale solar energy systems shall submit an operation and maintenance plan that details how the solar energy system will be operated and maintained in good condition and, at a minimum, shall address:
(a)
Site access maintenance.
(b)
Vegetation management to maintain the required vegetated screen and avoid the use of harmful herbicides to maintain appropriate pollinator-friendly vegetative ground cover.
(c)
Equipment and fence maintenance.
(d)
Any other maintenance that may be needed to address Town requirements imposed due to the unique site conditions.
(17)
Abandonment. The solar energy system shall be considered abandoned when it is disconnected for one calendar year without prior approval from the Town. Abandoned solar energy systems shall be removed within 180 days of the date of abandonment.
(18)
Decommissioning. Any solar energy system which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations. A decommissioning estimate, prepared by a RI licensed engineer, must be approved by the Planning Board during the preliminary plan review. Each element of the decommissioning cost estimate must include a verifiable source with contact information. Decommissioning shall consist of:
(a)
Physical removal and recycling of all solar energy system structures, equipment, security barriers, fencing and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
(c)
Stabilization and revegetation of the site necessary to minimize erosion and in compliance with all state and local laws, regulations, and ordinances, approved by the Glocester Zoning Official or his/her designee.
(19)
Failure to remove. If the owner or operator of an abandoned or decommissioned solar energy system fails to remove the solar energy system in accordance with the provisions of this section, the Town of Glocester may enter the property and physically remove all elements of the solar energy system. The cost of such removal shall be the responsibility of the owner and/or operator of the solar energy system and/or the land owner.
(20)
Financial surety. Prior to the issuance of any building permit for a medium-, large-, or utility-scale ground-mounted or solar canopy solar energy system, an escrow agreement or escrow funds to cover 125% of the cost of decommissioning as approved by the Planning Board, shall be posted with the Town of Glocester. This surety shall be automatically renewed annually for a minimum of 20 years or for the anticipated life of the solar energy system.
[1]
Editor's Note: Former § 350-46, Sewage disposal system setback from water bodies, was repealed 10-21-2010, effective 10-21-2010.
§ 350-47 Lots divided by zoning district boundaries.
Where a lot is divided by a zoning district boundary, the regulations for either zoning district shall apply at the option of the owner of the lot, except that no district shall, in effect, be extended more than 50 feet into an adjoining district, nor be extended beyond the lot boundary.
§ 350-48 Access to state and Town roads.
A.
No zoning certificate or permit shall be issued by the Inspector for construction of a building or for use of land requiring an access driveway onto a state or Town road until the Inspector receives the approval of the Highway Surveyor or his authorized representative.
B.
Driveway access shall include vehicle driveways, or any construction, removal, or alteration of grade or pitch within the right-of-way of any state or Town road.
C.
All specifications for any such driveway access must conform to the following requirements:
(1)
Any driveway access shall be so graded that it will not be necessary to change the established grade of the adjacent state or Town road.
(2)
No part of any driveway access shall extend beyond the road line in such manner as to change the grade of the road or obstruct the free flow of water draining off the road.
(3)
Where a driveway approach crosses an open ditch or where such construction will interfere with the drainage of stormwater along the side of the road, a culvert of such size and of such material as determined by the Highway Surveyor or his authorized representative shall be installed.
(4)
The driveway access shall be so constructed that there will be no drainage from the driveway onto the state or Town road.
(5)
If, in the opinion of the Highway Surveyor or his authorized representative, protection is required for the shoulder and/or edge of the state or Town road, an apron of bituminous concrete or other suitable material or treatment shall be installed.
(6)
All required construction shall be at the property owner's expense.
D.
The Highway Surveyor or his authorized representative of the Town shall from time to time inspect the construction of such driveway access to make sure that such construction conforms to the requirements of Subsection C of this section. Upon completion of such construction, the Highway Surveyor or his authorized representative shall make a final inspection and accept or reject, in writing to the Inspector, such construction. In the event of rejection, the owner shall be given a period of 30 days to bring such construction into compliance with Subsection C of this section.
F.
Driveway access to a state road shall additionally require the approval, in writing, of the Rhode Island Department of Transportation. Such approval shall state that the proposed access driveway will not substantially interfere with traffic flow and any future widening of the road and will not constitute a safety hazard to traffic on the state road.
§ 350-49 Accessory family dwelling unit.
[Added 3-15-2007, effective 3-15-2007]
One accessory family dwelling unit (AFDU) shall be permitted by special use permit within or attached to a principal single-family residence, provided that it meets all the following requirements:
A.
The accessory family dwelling unit shall comply with the applicable district dimensional regulations for the principal structure.
B.
The accessory apartment shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a single-family residence in agricultural and residential districts.
C.
The accessory apartment shall be attached to the principal structure by means of a permanent foundation system and enclosed habitable or nonhabitable floor space.
D.
The accessory apartment shall remain in the same ownership as the principal residence.
E.
The accessory apartment is intended for permanent residential occupancy and is required to be occupied for at least six months of the year.
F.
Approval for the proposed AFDU from the Rhode Island Department of Environmental Management must be submitted prior to the issuance of a building permit for construction.
G.
The owner/applicant for a permit to construct an accessory family dwelling must sign an agreement restricting occupancy of such dwelling unit to family members and indemnifying the Town of Glocester from any cost to said Town incurred in enforcing the terms of said agreement, which agreement shall be recorded in the Land Evidence Records of the Town at the expense of the applicant, and which agreement shall run with the land so as to be applicable to and binding upon subsequent owners and shall be enforceable against the applicant, his heirs, devises, successors and assigns.
H.
The AFDU shall contain no more than one bedroom, is limited to no more than 750 square feet, and must be occupied only by members of the family occupying the principal residence.
[Amended 12-20-2012; effective 1-23-2012]
§ 350-50 Gasoline stations.
Gasoline stations may be permitted, provided they comply with the following regulations:
A.
Detailed site plans showing the location and number of fuel pumps, the depth and capacity of fuel tanks, the number of service bays and the number of automobiles which may be stored within the principal structures shall be submitted to the Zoning Board of Review prior to approval or disapproval.
B.
All fuel tanks shall be installed underground.
C.
No gasoline station shall be within 200 feet of any church, school, or other public and semipublic institution boundary lines.
D.
Driveways shall not be more than 16 feet at curbline and they shall be at least 15 feet away from any side line or from the intersection of street lines.
E.
The entire area of the gasoline station traversed by motor vehicles shall be hard surfaced.
§ 350-51 Motels.
§ 350-52 Highway Commercial Zones.
The following regulations shall apply in the Highway Commercial Zones:
A.
All buildings erected or constructed shall be entirely new and complete structures designed for and to be used for commercial purposes only. No structure originally designed as a residence, or as an accessory to a residence, shall be used for commercial purposes.
B.
No residential uses shall be permitted in Highway Commercial Zones.
C.
No commercial structure shall be closer than 100 feet to the nearest residential zone.
§ 350-53 Freshwater wetlands.
No freshwater wetlands, as defined by Chapter 213 of the Public Laws of 1970, as amended, relating to freshwater wetlands, shall be excavated, drained or filled, nor shall any extraneous materials be placed in or removed from these wetlands, nor water flow diverted out of same, nor any other change be made to the natural condition of any freshwater wetland without prior approval of the RI Department of Environmental Management and the Glocester Town Council in accordance with the provisions of said chapter.
§ 350-54 Drive-in businesses.
The following requirements shall be met for any drive-in business:
A.
The minimum lot area shall be the minimum required for the zoning district.
B.
A drive-in business window, service area, or vehicular stacking lane shall not be located within a required front, side or rear yard area. Where such a window or service area abuts a residential zoning district or residential land use, the window, service area, or vehicular stacking lane shall be set back at least 50 feet from the adjacent property boundary.
C.
Plans for any drive-in business shall include provisions for drainage, lighting, glare prevention, landscaping and screening, and noise buffers, between the vehicular service or waiting area and adjacent properties. Outside audio systems such as ordering stations or loud speakers are prohibited.
D.
Plans for any drive-in business shall provide that on-premises vehicular service or waiting areas will not cause conflict or otherwise interfere with moving traffic on an adjacent public street, on- or off-premises pedestrian movement and safety, or emergency access.
E.
Site plan requirement. Any business that includes a drive-in use must submit, as a part of a special use permit application, a site plan to the Zoning Officer at a suggested scale of one inch to 20 feet, which shall include the following information:
(1)
Lot dimensions and area;
(2)
All buildings and structures existing and proposed;
(3)
Yards and space between buildings;
(4)
Walls, fences, landscaping, and drainage control provisions for groundwater and stormwater;
(5)
Vehicular, pedestrian, and service access;
(6)
Automobile stacking spaces from service and ordering station;
(7)
Parking spaces, including number of spaces and dimensions of parking area;
(8)
Signs and lighting, including location, height, size, and method of illumination;
(9)
Outdoor storage, including trash, seating, and other outdoor activities;
(10)
The relationship of proposed construction to adjacent properties;
(11)
The name, registration number, date, and stamp of the licensed preparer of the map.
F.
Unless plans requiring Rhode Island Department of Environmental Management approvals or permits are accompanied by evidence of such approvals, any approval of plans by the Zoning Board of Review shall be conditioned upon such state agency approval.
§ 350-55 Special flood hazard areas and flood-fringe lands.
[Amended 2-24-2009, effective 2-24-2009]
A.
Purpose. The purpose of this section 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.
B.
Applicability.
(1)
The Town elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program, established in the aforesaid act, provides that areas of the Town having a special flood hazard be identified by the Federal Emergency Management Agency (FEMA) and that floodplain management measures be applied in such flood hazard areas. The requirements of this § 350-55 shall apply to any construction or other development which lies wholly or partly within an area of special flood hazard, as identified as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, VE on the Flood Insurance Rate Map (FIRM) and Flood Hazard Boundary Map prepared by Federal Emergency Management Agency. The map panels of the Providence County FIRM that are wholly or partially within the Town of Glocester are panel numbers 44007C0120H and 4007C0235H, dated March 2, 2009, and July 19, 2023.
[Amended 6-15-2023, effective 6-15-2023]
(2)
The degree of flood protection required by the section is considered reasonable but does not imply total flood protection. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of the section shall control.
(3)
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:
(4)
The requirements set forth in this section shall be in addition to any applicable requirements in this chapter and in any other regulation which may be applicable.
C. ACCESSORY STRUCTURE AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING COST DEVELOPMENT DRY FLOODPROOFING EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FINISHED LIVING SPACE FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODWAY FUNCTIONALLY DEPENDENT USE OR FACILITY HIGHEST ADJACENT GRADE (HAG) HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION MARKET VALUE MEAN SEA LEVEL (MSL) NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SHEET FLOW AREA SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) (a) (b) VARIANCE VIOLATION WATER SURFACE ELEVATION WET FLOODPROOFING
Definitions. Unless specifically defined below, words and phrases used in this section pertain to floodplain management, have the same meaning as they have in common usage and as to give this section its most reasonable application.
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.
(For a community with AO or AH Zones only.) A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See definition for "special flood hazard area."
The flood having a one-percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).
The elevation of the crest of the base flood or one-hundred-year flood. The height 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.
Any area of the building having its floor subgrade (below ground level) on all sides.
See definition for "structure."
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, 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.
Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Any combination of structural and nonstructural protection measures incorporated in a building that is not elevated above the base flood elevation that keeps water from entering the building to prevent or minimize flood damage. Note: For insurance purposes, a dry floodproofed, nonresidential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.
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, 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.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).
The federal agency that administers the National Flood Insurance Program (NFIP).
Fully enclosed areas below the base flood elevation (BFE) that are not considered a basement cannot have finished living space and needs to be designed to be exposed to flood forces. These spaces can only be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities, such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.
The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the limits of the regulatory floodway and one-hundred-year floodplain.
The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.
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.
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.
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 one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."
A use or facility 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. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
(Only for community with AO/AH zones.) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
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 also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
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.
Avenge height of the sea for all stages of the tide, usually determined from hourly height observations over a nineteen-year period on an open coast or in adjacent waters having free access to the sea. The National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) to which base flood elevations shown on a community Flood Insurance Rate Map (FIRM) are referenced.
Structures for which the "start of construction" commenced on or after effective date of floodplain regulations, and includes any subsequent improvements to such structures.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
See definition for "floodway."
(For community with AO, AH, or VO Zones only.) See definition for "area of shallow flooding."
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the coastal high hazard areas shown as Zones V, V1-30, and VE on a FIRM. The SFHA is also called the "area of special flood hazard."
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.
A walled and roofed building which is principally above the ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure 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
Any alteration of an "historic" structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
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.
Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure 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.
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Measures designed to minimize damage to a structure or its contents by water that is allowed into a building.
D.
Permit required.
(1)
Except where construction is covered by a building permit or by approval of a subdivision plat by the Glocester Planning Board, any other development shall require the issuance of a development permit by the Building Official or his or her designee. Said permit shall be in a form authorized by the Town Council.
(2)
The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer and shall include:
(a)
The name and address of the applicant;
(b)
An address or a map indicating the location of the construction site;
(c)
A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, the dimensions of the lot, and bench marks used for flood elevation;
(d)
A statement of the intended use of the structure;
(e)
A statement as to the type of sewage system proposed;
(f)
Specification of dimensions of the proposed structures;
(g)
The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;
(h)
Base flood elevation data for all new, relocated or substantially improved structures;
(i)
The elevation (in relation to mean sea level) to which the structure will be floodproofed;
(j)
The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(k)
Any wetlands application(s);
(l)
Soils/erosion plan;
(3)
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.
E.
Permit fee. A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Glocester and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the Code Enforcement Officer and/or Board of Appeals need the assistance of a professional engineer.
F.
Review of flood hazard development permit applications. The Building Official or his or her designee shall:
(1)
Review all applications for flood hazard development permits to determine that all pertinent requirements as described Subsection G of this section have been or will be met;
(2)
Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study--Town of Glocester, Rhode Island, Providence County," as described in Subsection B.
(3)
Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in Subsection B;
(4)
In A Zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for floodproofing or elevating nonresidential structures to or above the base flood level.
(5)
In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;
(6)
Notify adjacent municipalities, the State Department of Environmental Management and the State Bureau of Civil Emergency Preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and
(7)
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.
G.
Development standards. The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in Subsection B. Please also refer to the current Rhode Island State Building Code, One and Two Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical for state standards or any other applicable codes.
(1)
No watercourse may be altered in a manner which will, in the opinion of the Building Official or his or her designee, result in any decrease in the capacity of the watercourse, and no land shall be graded or altered in such a manner as to increase the base flood elevation within the Town of Glocester. Where any alteration is permitted, the Building Official or his or her designee will notify the adjacent communities, the Rhode Island Statewide Planning Program and the Federal Emergency Management Agency.
(2)
In a regulatory floodway, any encroachment is prohibited which would cause any increase in the base flood level unless hydrologic and hydraulic analyses prove that the proposed encroachment would not increase flood levels during the base flood discharge.
(3)
The filling or excavation of land may be permitted only under the following conditions:
(a)
Said action will not encroach upon a watercourse.
(b)
Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the Building Official or his or her designee shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.
(4)
No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods shall be permitted in any special flood hazard area. Such materials or equipment shall include but not necessarily be limited to lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.
(5)
Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.
(6)
The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in Subsection B.
(7)
Construction methods and practices shall be used that minimize flood damage.
(8)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located to prevent water entry to accumulation.
(9)
On-site waste disposal systems shall be designed to avoid impairment or contamination of the floodway.
(10)
New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration.
(11)
Base flood elevation data is required for subdivision proposals or other development greater than 50 lots or five acres.
H.
Construction Standards in Special Flood Hazard Areas (SFHA), Zones A, A1-30, AE.
(1)
Residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE).
(2)
Nonresidential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or nonresidential structures shall:
(a)
Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or
(b)
In lieu of being elevated, nonresidential structures may be dry floodproofed to one foot above the BFE, provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Rhode Island-registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice or meeting the provisions of this section. Such certification shall be provided to the Building Official or his or her designee.
(3)
Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island-registered professional engineer or architect, or meet the following minimum criteria listed in Subsections H(3)(a) through (g) below:
(a)
Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required;
(b)
The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawl space, must be set equal to the outside finished grade on at least one side of the building;
(c)
The openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic entry and exit of floodwaters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the Building Official or his or her designee.
(d)
The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;
(e)
All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage.
(f)
Electrical, plumbing, machinery or other utility equipment that services the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot-water heaters, ventilation, washers, dryers, electrical junction boxes, circuit-breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates.
(g)
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Subsections H(3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood-resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection H(2) of this section.
(4)
Manufactured (mobile) homes and recreational vehicles (RVs).
(a)
In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.
(b)
All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
(c)
All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
(d)
(e)
Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.
(5)
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:
(a)
The structure is no more than 500 square feet and has a value less than $3,000.
(b)
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.
(c)
The structure is used solely for parking of vehicles and/or limited storage.
(d)
The accessory structure must be wet-floodproofed and designed to allow for the automatic entry and exit of floodwater.
(e)
The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
(f)
Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
I.
Variance.
(1)
The Zoning Board of Review may hear and grant a variance in accordance with the procedure outlined in § 350-8E. In addition to applying the criteria and requirements of said section, the Board shall undertake the following in granting a variance from the provisions of this section:
(a)
Describe in its decision the exact extent of the variance granted.
(b)
Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25 per $100 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.
(c)
Forward a copy of its written decision and findings to the applicant, the Building Official or his or her designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the Town to the administration.
(2)
No variance may be granted which will result in any increase in flood levels.
J.
Enforcement.
(1)
It shall be the duty of the Building Official or his or her designee to enforce the provisions of this section. If the Code Enforcement Officer finds that any provisions of this section are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.
(2)
When the above action does not result in the correction or abatement of the violation, the municipal officers, upon notice from the Code Enforcement Officer, are hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to the enforcement of this section. Any person who continues to violate any provision of this section after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of $500 per day for each violation. Each day such a violation is continued is a separate offense.
§ 350-56 Wireless communications facilities.
A.
Intent.
(1)
The Town Council finds, pursuant to the authority contained in R.I.G.L. § 45-23-29, as amended, that it is necessary to provide for innovative land development practices with respect to the siting and installation of telecommunications towers, antennas and accessory structures; and
(2)
The Town Council further finds that the preparation, enactment and implementation of a zoning ordinance relating to telecommunications towers, antennas and accessory structures, is necessary to address the protection of public health, safety and welfare of the citizens of Glocester; and
(3)
Therefore, it is the intent of the Town Council that this section provide guidance and direction with respect to matters affecting the siting and installation of telecommunications towers, antennas and accessory structures.
B.
Purpose.
(1)
General purposes. The general purpose of this section is to regulate the placement of wireless communications towers, antennas and related facilities, and the addition of wireless communications equipment to existing structures. The regulations serve to establish a procedure for application, permits, and for special use permits; to establish development standards and location requirements; and to encourage the co-location of equipment onto existing structures.
(2)
The specific purposes of this section are to:
(a)
Address public safety concerns associated with the siting of wireless communications facilities; including towers, antennas and related facilities, equipment and structures.
(b)
Preserve the character, appearance, property values, natural resources and historic sites of the Town;
(c)
Minimize the number of new tower facilities by encouraging and requiring co-location wherever possible;
(d)
Limit the height of telecommunications tower facilities; and encourage maximum setbacks from roads, property boundaries and existing structures;
(e)
Encourage the siting of new wireless communications facilities on properties owned by the Town or its instrumentalities;
(f)
Encourage location of towers and antennas in industrial zoned and other areas where visual and other impacts on the community are minimized;
(g)
Discourage location of towers and antennas in areas zoned and used for residential purposes to the extent that they significantly diminish the character or value of real property in the residential area.
(h)
Provide for the design and siting of wireless communications facilities so as to minimize their visual impact on neighboring properties and on the character of the Town.
(i)
Discourage the construction of towers that would require airspace obstruction marking and/or lighting.
(j)
Encourage small facility options that will reduce unnecessary tower structures, but will integrate well into the context and character of the community.
(3)
In addition to the aforementioned, this chapter also intends to minimize the number of tower structures by encouraging large towers at strategically spaced intervals that provide optimal coverage for the maximum number of service providers with the least impact on the community. This section limits the quantity of large towers by requiring a two-mile separation between towers and by requiring performance criteria that minimize the impact on the community.
C.
Applicability.
(1)
New towers and facilities. The requirements set forth in this section shall govern the location of all new telecommunications facilities and related equipment, including television and radio transmission towers. Except as provided herein, the general height limitations of this chapter otherwise applicable to buildings and structures shall not apply to towers and antennas.
(2)
Amateur radio antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3)
Preexisting towers and antennas. Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section. However, any proposed extension beyond 20 feet in the height of an existing facility, replacement of a facility, or installation of an additional antenna to a facility, other than a facility on land owned or leased by the Town and serving Town communications needs, shall be subject to the requirements of this section.
D.
General conditions. This section makes a distinction between new or existing tower structures and placement of antenna array on existing structures in order to reduce or eliminate the impact of towers on the community.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses or structures, as appropriate. A different existing use or existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district dimensional 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 antenna or tower may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed in accordance with the provisions of this section, shall not be deemed to constitute the expansion of a legal existing nonconforming use or structure. Towers and associated equipment that may be located within or outside of base facilities may not take away required parking spaces of an existing building or use.
(2)
Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with or exceeds the standards contained in the applicable State Building Codes and the applicable standards for towers that are published by the Electronics Industries Association as amended from time to time and shall structurally accommodate reasonable co-location. The owner of the tower shall also ensure that the tower and related facilities comply with other applicable safety and environmental standards, including but not limited to safety limits for human exposure to radio frequency energy. If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards, and/or that it constitutes a danger to persons or property, then the Building Official shall notify the owner of the tower in writing, and the owner shall have 30 days to bring such tower into compliance. Failure of the owner to do so shall constitute grounds for removal of the tower or antenna at the owner's expense. In addition to other legal remedies available to the Town, the Building Official may proceed in accordance with Chapter 27.3 of Title 23 of the Rhode Island General Laws, entitled “State Building Codes.”
(3)
General requirements. All wireless communications facilities shall be erected, installed, maintained, and used in compliance with all applicable federal and state laws, rules, and regulations, including radio frequency emission standards.
(4)
Co-location. All owners and operators of land used in whole or in part for a wireless communications facility, and all owners and operators of such facilities, shall, as a continuing condition of installing, constructing, erecting, and using a wireless communications tower facility, and subject to necessary approvals hereunder, permit other public utilities or FCC-licensed commercial entities seeking to operate a wireless communications tower facility to install, erect, mount, and use compatible equipment and fixtures on the mounting structure on reasonable commercial terms. This is provided that such co-location does not materially interfere with the transmission and/or reception of communications signals to or from the existing facility, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional wireless communications equipment or fixtures. Erection of a replacement facility to address such concerns shall be considered, where the Zoning Board determines appropriate. Wireless communications facilities shall be designed to accommodate co-location to the extent technologically and physically practical given the limitations of the site and area.
(5)
Number of towers. Only one wireless communications tower structure per site shall be authorized by this chapter, unless the placement of more than one tower structure on the site results in a substantially better design that is integrated into the neighboring uses and meets community standards. An example of this may be the erection of two flagpole structures located in a recreational facility. The erection of more than one lattice tower or monopole in a residential area would not be an example of a better design.
(6)
Removal of facilities. All unused telecommunications facilities and structures, including nonconforming or preexisting facilities which have not been used for one year, shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building Official. Before a permit is issued, and as a condition thereof, said owner shall post and thereafter continuously maintain an appropriate surety bond, approved in amount and form by the Town Solicitor and the Public Works Director every two years, to cover the cost of removal of all facilities and restoration of the site. If such antenna or tower is not removed within 90 days, the Town may take the necessary action to remove the facility at the owner's expense. The owners of the property and the facility shall be jointly and individually responsible for removal of said facilities, restoration of the site and for all associated costs, expended or incurred in the course of removal and restoration.
(7)
Carrier utilization. Included in an application for a telecommunications tower or antenna, an applicant must demonstrate that it has a commitment from one or more licensed wireless services providers to occupy the facility for the purposes of transmitting and/or receiving wireless communications. Wireless communications towers shall be designed to accommodate the maximum number of co-locators reasonably practicable, taking into account the size and appearance of the structure in the context of its location. Tower locations identified as large facilities must meet this requirement, where small infill tower facilities may to a lesser extent. Owners of telecommunications towers shall make space available to wireless communications services, including, when appropriate, repositioning tenants on the tower, and reinforcing or replacing the tower. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.
(8)
Town requirements. At the time of application for any tower, space shall be made available on telecommunications towers for Town police, fire, rescue, and public works communications needs related to public safety, health and welfare, at no cost to the Town. The telecommunications tower owner and wireless service carriers shall assist the Town, when deemed necessary, in the enhancement of existing police and fire communications systems by providing for the acquisition and installation of related equipment.
E.
Permitted uses.
(2)
Specific permitted uses.
(a)
Telecommunications facilities including the placement of towers and additional buildings or other supporting equipment used in connection with said facility, in an industrial zoning district; provided, however, that the height of the proposed facility is less than 125 feet.
(b)
Antennas and additional accessory structures or equipment used in connection with said antennas on land occupied by existing electric utility transmission towers, provided the height of such facility is less than 125 feet.
(c)
Installing an antenna on any existing tower of any height, as long as the addition of said antenna adds no more than 20 feet in height to said existing tower as originally constructed, provided the total height does not exceed 200 feet.
G.
Design and development standards.
(1)
Setbacks, height and separation.
(a)
A wireless communications tower facility shall be set back from any adjacent property line or street at a maximum feasible distance, considering the size and physical constraints of the site, visibility to nearby sites and other visually sensitive locations, and the proportions and context of the site, in order to provide opportunity to minimize the adverse visual effects of telecommunications facilities. At the minimum, any such facility shall be set back from any property line a distance equal to 1 1/2 times the height of the facility and set back from any residential structure on a separate parcel a distance equal to 1 1/2 times the height of the facility or 250 feet, whichever is greater. Such facility shall be set back a distance of at least 400 feet from any public or private street or public right-of-way, and large uncamouflaged facilities must be at least 1,000 feet from a school facility.
[1]
The Zoning Board of Review (ZBR) may waive these limitations up to a factor of 50% if the facility is camouflaged or in keeping with the surrounding uses, such that it is demonstrated to the satisfaction of the ZBR that a substantially better design in keeping with the community character results. A specific example would be a small tower facility such as a flagpole, church steeple, barn or grain silo or a large tower facility that is sited on a particular lot that is suitable for a tower facility, but may have such physical constraints or attributes that make a waiver necessary. Towers and antenna mounts that are less than 80 feet in height above ground and that are suitably disguised to the satisfaction of the ZBR are required only to meet the setbacks for the district in which they are installed.
[2]
When a telecommunications facility is determined by the Zoning Board to be appropriately sited within an industrial or B-2 zoned lot, which cannot meet the foregoing setbacks, and which is within a larger industrially or B-2 zoned area, the Zoning Board may decrease the setbacks from lot lines and structures within said lot, if the placement of the facility in said lot is not otherwise feasible, and the purposes of this section are otherwise met. However, the Zoning Board may not reduce the setbacks below the minimum setbacks otherwise provided for an Industrial or B-2 zoned lot under this chapter. Telecommunications facilities placed within an Industrial or B-2 zoned lot shall observe the setbacks set forth in the preceding subsection from property zoned A-4, A-3, R-2, residential structures, and public or private streets or public rights-of-way.
(b)
Towers shall not be located within an historic district as designated by this chapter, unless disguised in a manner that meets the requirements as recommended by both the Historic District Commission and the Planning Board.
(c)
Excluding towers in the Industrial Zoning District or in locations where more than one tower has been proposed on a single site, towers greater than 125 feet in height (large tower facilities) shall not be located within two miles from each other.
(d)
With the exception of the larger tower facility (high-intensity), the Town encourages smaller facilities that blend into the existing environment through the use of disguise and camouflage. In order to minimize the number of tower facilities, normally, small tower facilities shall be considered to provide service coverage, as deemed necessary by the ZBR only after the installation of large tower facilities. These small tower facilities are not to be construed as an alternative to the large tower facilities, in that it is the design of this section to allow small tower facilities in places where a gap in coverage exists between two large tower facilities.
(2)
Landscaping and screening. The applicant must demonstrate that the tower or antennas are located within a given site so as to minimize the visual impact from nearby properties and roadways. Existing on-site vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for the landscaped screening requirement. Appropriate screening shall be installed at tower sites to limit views from adjacent properties and streets. Plantings shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material appropriate to the habitat. Screening may be waived on those sides or sections that are adjacent to undeveloped lands. The owner of the property shall be responsible for ongoing maintenance and shall replace any dead plantings within 30 days.
(3)
Site requirements.
(a)
Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site which respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Director of Public Works and by the District Fire Chief to assure emergency access at all times. Consideration shall be given to design that minimizes erosion, construction on unstable soils, and steep slopes.
(b)
Communications towers shall be enclosed by a fence at least 10 feet in height from finished grade and at least six feet from the base of the structure. Access shall be through a locked gate.
(c)
Communications towers shall not be artificially lighted except as may be required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of Glocester.
(e)
All supports and anchors shall have a minimum ten-foot horizontal setback from any overhead utility lines.
(f)
The tower shall be designed to accommodate the maximum number of uses technologically practical.
(4)
Site selection consideration. When considering a site for a telecommunications facility, the following steps may assist evaluating the site's suitability:
(a)
Evaluate coverage by reviewing existing telecommunications coverage to determine gaps in coverage, overlay proposed coverage from the considered tower/facility to establish how the proposed may improve service in that area.
(b)
Consider alternatives that would provide the necessary service using less intrusive means.
(c)
Evaluate the context of the site under consideration, underlying zoning, uses of property, neighboring uses, activities, maximization of co-location on the proposed facility and compatibility of the proposed tower/facility with neighboring uses.
(d)
Consider visibility of the proposed tower/facility in community.
(e)
Evaluate methods of camouflaging the structure to fit in with area.
§ 350-57 Development plan review.
[Added 9-16-2004, effective 11-2-2004; amended 10-21-2010, effective 10-21-2010; 11-21-2024, effective 11-21-2024]
A.
Development plan review established. There shall be development plan review for uses that are permitted by right under the zoning ordinance as specified in the Subdivision Regulations under Section 6.06.
B.
Permitting authority. The permitting authority shall be as determined in the Subdivision Regulations.
C.
Specific and objective guidelines. Design of all projects shall be consistent with the provisions of the Subdivision Regulations.
§ 350-57.1 Unified development review.
[Added 11-21-2024, effective 11-21-2024]
A.
Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.
B.
Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of the Subdivision Regulations and [R.I.G.L. § 45-23-42(b)].
C.
In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of § 350-8E(3) relative to entering evidence into the record in satisfaction of the applicable standards.
D.
In reviewing requests for special use permits the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance in § 350-8F, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 350-8F.
§ 350-57.2 Land development project.
[Added 11-21-2024, effective 11-21-2024]
A.
Land development projects shall be reviewed in accordance with the procedures established in the Subdivision Regulations adopted by the Glocester Planning Board, pursuant to R.I.G.L. § 45-23.
B.
No land development project shall be initiated until a plan of the project has been submitted and approval has been granted by the authorized permitting authority, as determined in the Land Development and Subdivision Regulations.
§ 350-58 Land unsuitable for development.
[Added 11-15-2007, effective 12-20-2007[1]]
A.
Land unsuitable for development means land which has environmental constraints or physical constraints to development. The following regulations shall apply to proposed future residential lots in a conventional subdivision; a conservation development; and a residential compound.
B.
Description.
(1)
Land unsuitable for development includes the following areas:
(a)
Land under water bodies or surface water area, as defined by the Rhode Island Department of Environmental Management.
(b)
Fresh water wetlands, including that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp or pond; or any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by § 2-1-20 of the General Laws (1987), as amended.
(c)
Existing or proposed streets or rights-of-way, public or private.
(d)
Land within any publicly or privately held easement in which above- or below-ground utilities are existing or proposed, including but not limited to electric transmission lines less than 69 kilovolts, gas transmission facilities, drainage easements, or easements for access, public access, or scenic areas.
(e)
Historic cemeteries as registered with the Rhode Island Advisory Commission on Historic Cemeteries or as shown on a map of historical cemeteries maintained in the Glocester Town Hall. Native American cemeteries, if identified and located on a proposed subdivision/development site shall also be considered to be land unsuitable for development.
(f)
Areas of steep slope in excess of 20%.
(g)
Lands located within special flood hazard areas as defined by the Federal Emergency Management Agency Flood Insurance Rate Maps for the Town of Glocester except where the Planning Board determines that an engineering design for the proposed development will overcome or mitigate the constraint without adverse environmental impact.
C.
Lots in a conventional subdivision. Lots in any conventional subdivision, in any residential zoning district, shall contain a contiguous area of land suitable for development of not less than 1.5 acres (65,340 square feet) of land suitable for development. This provision shall not apply to any nonresidential development.
D.
Lots in a conservation development. When calculating the maximum number of dwelling units permitted in a conservation development, lots intended for residential use shown on a conventional yield plan as required by the Subdivision and Land Development Regulations shall contain at least the minimum lot area of land suitable for development required by Subsection C above.
E.
Lots in a rural residential compound. The number of dwelling units and the minimum dimensions for lots within a rural residential compound shall be as provided in Article X of this chapter.
F.
Notwithstanding the above, in a B-1 or B-2 Zoning District, land suitable for development as defined in this chapter shall constitute the entire minimum lot size of 0.5 acre.
§ 350-58.1 Cannabis.
[Added 3-16-2017, effective 3-16-2017; amended 7-20-2023, effective 7-20-2023]
A.
Retail sales.
(1) ADULT USE CANNABIS or RECREATIONAL CANNABIS CANNABIS CONTROL COMMISSION or COMMISSION CANNABIS PRODUCTS or MARIJUANA PRODUCTS CANNABIS RETAILER CONSUMER
Definitions. The definitions of all terms used herein shall be as stated in R.I.G.L. § 21-28.11-3, including, but not limited to, the following:
Cannabis which may be legally possessed and consumed for nonmedical purposes by a person who is at least 21 years of age.
The Rhode Island Cannabis Control Commission established by R.I.G.L § 21-28.11-4.
Products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
An entity licensed pursuant to R.I.G.L. § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.
A person who is at least 21 years of age, and who is authorized by law to consume or use cannabis.
(2)
Permitted zones. Cannabis retailer sales, as established under "The Rhode Island Cannabis Act,"[1] shall be allowed with the issuance of a special use permit (SUP) by the Zoning Board of Review (ZBR) in accordance with § 350-8F, within the following zoning districts (as outlined in Ch. 350, Attachment 1, Table of Use Regulations, Section 8, Retail Business):
[1]
Editor's Note: See R.I.G.L. § 21-28.11-1 et seq.
(3)
Conditions for consideration.
(a)
Minimum qualifications. To qualify for consideration of a special use permit by the Zoning Board for cannabis retail sales, an applicant shall satisfy all qualifications established by the Cannabis Control Commission and the following conditions:
[1]
Receipt of a license issued by the Cannabis Control Commission.
[2]
Evidence that the applicant has site control and the right to use the site for cannabis sales in the form of a valid purchase and sales agreement, a valid lease agreement, a notarized statement from the property owner, or other alternate written authorization.
[3]
Provide a security plan that details any anticipated burden on Town public safety personal/services from the use of the facility. Said plan shall include all security measures for the site, transportation of cannabis and cannabis products to and from the premises to ensure the safety of the employees and public, and to protect the facility from theft or other criminal activity and be approved by the Glocester Police Department.
[4]
Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including, but not limited to, filtering techniques, biofilters, chemical filtration and/or other similar technique.
(b)
Site conditions.
[1]
Location. Uses granted under this article shall not be located within:
[a]
Five hundred feet of a preexisting public or private school providing education in kindergarten or any grades one through 12 and any preschool registered with the Rhode Island Department of Education.
[b]
No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.
[c]
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis retailer is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.
(4)
Conditions of operations. In addition to the rules promulgated by the Cannabis Control Commission the following operational conditions shall apply:
(a)
Hours of operation. The proposed cannabis retailer hours of operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m. weekdays and Saturdays and 12:00 p.m. to 6:00 p.m. Sundays. Actual hours of operation to be determined by the Zoning Board.
(b)
Lighting. Lighting shall adequately illuminate the cannabis retailer, its immediate surrounding area, parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.
(c)
Security. The proposed cannabis retailer shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security alarm system.
(d)
Parking. The proposed cannabis retailer shall comply with the off-street parking requirements and regulations in § 350-35 of this Zoning code.
(e)
Signage. The proposed cannabis retail location shall present signage in a size and in a form that is reasonably legible from the retail access point, which clearly prohibits any person who is under 21 years of age to be present inside the cannabis retail establishment in compliance with R.I.G.L. § 21-28.11-27.1.
(f)
Site plan. No use permitted under this section shall be established prior to submission and approval by the Zoning Board of a site plan, a building plan, and, if required, a boundary line survey by a licensed professional land survey or (PLS). The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
(5)
Findings. In addition to the findings required in § 350-8F. the Zoning Board must also find the following:
(a)
That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.
(b)
That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.
(c)
That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.
(6)
Licensing. All uses permitted under this section shall comply fully with all licensing requirements of the Town of Glocester and the laws of the State of Rhode Island.
B.
Personal marijuana cultivation.
Patient cultivation shall be permitted in all zoning districts in the Town of Glocester. Patient cultivation shall not be allowed unless each of the following criteria has been met:
(1)
Patient cultivation shall only be allowed at the patient cardholder's primary residence. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.
(2)
The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to R.I.G.L. § 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
(3)
The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to R.I.G.L. § 23-27.3. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cardholder.
(4)
In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:
(a)
That the area used for growing be secured by locked doors;
(b)
That the area used for growing has two means of egress;
(c)
That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;
(d)
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(e)
That the area used for growing shall have carbon filters installed to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Chief.
(5)
Zoning certificates, Fire Chief inspection and/or review, or building/trade permits are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence.
(6)
Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws.
Possessor | Mature Plants | Immature Plants (Seedlings) and Unusable Marijuana | Usable Marijuana | |
|---|---|---|---|---|
Patient cardholder | 12 plants | 12 plants | 1.5 ounces |
§ 350-58.2 Farm accessory business uses.
[Added 6-6-2019, effective 6-6-2019]
A.
Purpose. The purpose of this section is to expand the accessory business uses on farm land that are currently not allowed. This can help to provide an economic incentive to maintain land now used for farming, forestry, wildlife habitat, recreation and to preserve the Town's rural character. Farmland owners may need to generate revenue from their land beyond conventional farm products to maintain a sustainable business and thus prevent their parcels from being converted to house lots. While the Town of Glocester wants to encourage limited accessory business uses for farm landowners, it also recognizes the need to protect the integrity of its residential areas. Therefore this section establishes limits to allow for accessory uses on farms that are compatible with residential uses. Section 350-58.2 does not restrict or limit any agricultural activities currently allowed in Glocester by Town ordinance or state law. This section adds new accessory uses for farm land owners if these uses can comply with the applicable conditions in § 350-58.2E.
C.
Allowable uses.
(1)
The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on all farm lots unless otherwise indicated:
(a)
Hay rides, tractor rides and sleigh rides.
(b)
Crop mazes.
(c)
Indoor or outdoor viewing, feeding and petting of farm animals for a fee.
(d)
Pick-your-own crops.
(e)
Farm home food production in compliance with R.I.G.L. § 21-27-6.1.
(f)
Commercial greenhouses.
(g)
Raising and sale of livestock.
(h)
Product stands.
(2)
The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on medium and large farm lots and not permitted on small farms:
[Amended 12-7-2023, effective 12-7-2023]
(a)
Indoor or outdoor agriculture-related classes, seminars and tours.
(b)
Farm-based retail building.
(c)
Farm product processing of agricultural products raised on-premises, excluding the processing of meat or meat products.
(d)
Farm-based retail of agriculture products raised on the premises.
(e)
Farm-based contracting business.
D.
Review.
(1)
Accessory uses as outlined above are specifically exempted from the major land development process and will be reviewed by development plan review in accordance with § 350-57 of this chapter for any use that meets one or more of the following criteria:
(a)
The use requires a special use permit;
(b)
The use requires the installation of eight or more parking spaces;
(c)
The use requires the construction or adaptive reuse of a permanent or temporary structure enclosure with 1,000 square feet or more;
(d)
The use includes on-site food or beverage service;
(e)
The use involves providing overnight accommodation;
(f)
The use involves animal display, boarding or breeding;
(g)
The use is a farm brewery, distillery or winery.
(2)
The Planning Board shall hold a public hearing consistent with the notice requirements of § 350-8F(3) of this chapter for any use that requires development plan review but does not require a special use permit.
(3)
Accessory uses other than those outlined above will require review by the Town's Zoning Official. The Zoning Official may refer any farm accessory use to the Planning Board for development plan review.
(4)
The Planning Board shall have the authority to waive or modify any requirement from the development plan review with respect to the information and documents an applicant must submit if, in the opinion of the Planning Board, the information or document is not necessary for a comprehensive review of the proposed use.
E.
Accessory use conditions. The accessory uses established by this section shall remain subordinate to the principal bona fide farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. If the farm ceases to exist in compliance with the definition in § 350-5, the accessory use shall also cease to operate. Nothing in this section supersedes the Rhode Island Right to Farm Act.[1]
(1)
Permanent Signage. One freestanding sign of a maximum of 10 square feet in area and four feet in height shall be allowed and comply with the standards in Article V, Sign Regulations, of this chapter.
(2)
Temporary Signage. One temporary freestanding sign per driveway entrance is allowed and may be placed at the entranceway in a manner that does not obstruct sightlines for automobiles exiting the property. Temporary freestanding signs shall be no larger than six square feet in area and four feet in height. In addition to the allowable freestanding sign, one banner that does not exceed 20 square feet may also be used. All temporary signs shall be removed during nonbusiness hours.
(3)
Off-street parking. No farm accessory use shall be developed unless adequate off-street parking is provided in accordance with Article VI, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials, including, but not limited to, turf, stone, lattice finishes that allow for turf to grow within the parking area, or reinforced turf are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of the stormwater runoff from these surfaces shall comply with § 300-31B(16).
(4)
Lighting. Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. Any outdoor lighting must comply with the provisions of Chapter 203 of the Glocester Code of Ordinances. All lighting practices shall be compliant with the International Dark Sky Association.
(5)
Setbacks. With the exception of product stands and retail sales buildings which may encroach into the front yard setback, all accessory uses shall meet the setbacks of the underlying zoning district.
(6)
Screening. In addition to using existing structures to shield outdoor storage, equipment, or materials from view, opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any outdoor storage of nonagricultural equipment or materials that occurs within 100 feet of a front, side or rear lot line that is visible to a public street or adjacent residence. Any outdoor dumpsters or similar large-scale trash collection bins shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening.
(7)
Storage. Storage of any nonagricultural equipment or materials related to the permitted accessory use shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with the permitted accessory use shall be located in a manner that effectively shields them from view when viewed from a town road or adjacent residence.
(8)
Fencing. Fencing used to demarcate storage areas shall be made of wooden material or other synthetic materials designed to simulate traditional fencing material.
(9)
Temporary agricultural buildings. Temporary agricultural buildings, including tents, shall conform to the dimensional requirements of the underlying district. These agricultural buildings shall be erected and removed in accordance with local licensing agreements, and inspected by municipal safety officials as required by law.
(10)
Noise. No farm accessory use shall exceed a sound level of 65 decibels for more than 15 minutes within a sixty-minute time period as measured at or within the real property boundary of the receiving land use, between the hours of 7:00 a.m. and 10:00 p.m. Between 10:00 p.m. and 7:00 a.m. the use shall not exceed a decibel level of 55 decibels as measured at or within the real property boundary of the receiving land use. The sound level in decibels shall be measured using the A-weighted network as specified by the American National Standards Institute's most recent standard for sound level meters. Noise from livestock or farm equipment used in normal, generally accepted farming procedures is exempt from this noise standard in accordance with the Right to Farm Act § 2-23-5 of R.I.G.L. Moreover, noise from temporary construction activities is also exempt from this requirement.
(11)
Licensing. In addition to the accessory use conditions listed above, some accessory uses may be required to obtain a license from the Town Council per the Glocester Code of Ordinances for uses such as entertainment, hawkers/peddlers or victualing. The license may include but not be limited to, hours of operation, patron limits, event frequency, and any special conditions that address unique characteristics of the use on a particular site to avoid impacts to adjacent property owners.
[1]
Editor's Note: See R.I.G.L. § 2-233-1.
G.
Severability. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this section shall not affect the validity of the remainder of the Town's Zoning Ordinance.
§ 350-58.3 Adaptive reuse.
[Added 11-21-2024, effective 11-21-2024]
A.
Adaptive reuse.
(2)
Density. The density proposed for any adaptive reuse project shall meet all public health and safety standards.
(a)
For projects that meet the following criteria, the residential density shall be 15 dwelling units per acre:
[1]
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 fire code, and utility requirements.
[2]
The development includes at least 20% low- and moderate-income housing.
[3]
The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
(b)
For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.
(3)
Dimensional requirements.
(a)
Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
(b)
No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
(c)
Notwithstanding other provisions of this chapter, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.
[1]
Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
(4)
Parking requirements.
(a)
Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
(b)
The parking requirements and design standards in Article VI. Section 350-35 shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for all uses other than residential that are part of the adaptive reuse project.
(5)
Allowed uses within an adaptive reuse project.
(a)
Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
(6)
Development and design standards. Site design shall be in accordance with the Article VI. Section 6.01 of the Glocester Subdivision Regulations.
(7)
Procedural requirements.
(a)
Adaptive reuse projects shall be subject to the procedural requirements of the Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.
(b)
In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
[1]
The proposed residential density and the square footage of nonresidential uses. Residential density under the provisions of Subsection A(2)(b) of this section shall require the submission of a detailed floor plan as described in Subsection A(7)(b)[2] of this chapter to the Planning Department as part of the application.
[2]
A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each room and each unit.